HB1596ham001 104TH GENERAL ASSEMBLY

Rep. Laura Faver Dias

Filed: 4/7/2025

10400HB1596ham001 LRB104 08094 BDA 24844 a

AMENDMENT TO HOUSE BILL 1596

AMENDMENT NO. ______. Amend House Bill 1596 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Notice of Pesticide Application Act.

Section 5. Definitions. As used in this Act:

"Certified applicator" has the meaning given in the Illinois Pesticide Act.

"Child care institution" has the meaning given in the Child Care Act of 1969.

"Day care center" has the meaning given in the Child Care Act of 1969.

"Large-scale applicator or operator" means a person who applies pesticides with large-scale application equipment, such as aerial sprayers, boom sprayers or tractor-mounted spray equipment, or other large-scale application equipment as further determined by rule of the Department of Agriculture.

"Part day child care facility" has the meaning given in the Child Care Act of 1969.

"Pesticide" has the meaning given in the Illinois Pesticide Act.

"Playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation.

"Public park" includes a park, forest preserve, bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.

"School" means any public or private preschool, elementary, or secondary school.

"School official" means the principal or superintendent of a school.

Section 10. Notice of application.

(a) At least 24 hours, but not more than 72 hours, before applying a pesticide within one-half mile of a school, playground, public park, child care institution, day care center, or part day child care facility, a licensed large-scale applicator or operator shall provide written notice to a school official for the school, the regional superintendent at the regional office of education where the school is located, the administrator for the playground or public park, or the administrator or owner of the child care institution, day care center, or part day child care facility, as applicable. School officials, park administrators, and administrators or owners of child care institutions, day care centers, or part day child care facilities do not need to provide notification to anyone at their own institutions for pesticide applications on their own properties. At a minimum, the following information shall be provided in the written notice required under this Section:

(1) the intended location and range of dates and times during which the pesticide may be applied;

(2) the brand name, common name, and scientific name of each product that may be applied;

(3) the type of pesticide contained in any product that may be applied;

(4) the reason for use of each product that may be applied;

(5) the range of concentrations of end-use product that will be applied;

(6) the name and telephone number of the certified applicator; and

(7) contact information for the Department of Agriculture for complaints of pesticide misuse, including a telephone number and website information for the Department of Agriculture.

Written notification required under this Section is sufficient if it is sent in an email or is hand delivered in writing, but a telephone call is not sufficient notice. Delivering a notice to a location when no person is there to receive it is not sufficient notice. If notice is made by hand delivery, it must be received by a person who is a representative of the school, the administrator for the playground or public park, or the administrator or owner of the child care institution, day care center, or part day child care facility. Notifications to the Department of Natural Resources shall be made to the site superintendent of the affected State park as listed on the Department of Natural Resources website for the property.

(b) The application of a solid mosquito larvicide in accordance with 8 Ill. Adm. Code 250.210 is exempt from the notification requirements of this Section.

(c) An applicator, including a mosquito abatement district, is not required to provide notice under this Section if the application of the pesticide is in response to (1) the presence of mosquitoes or other vectors capable of spreading disease, (2) the occurrence of mosquito-borne disease in animal or human populations, or (3) a natural disaster recovery effort.

Section 15. Rights-of-Way Notification. Notwithstanding any provision of this Act to the contrary, any right-of-way notifications required by the Pesticide Application on Rights-of-Way Notification Act are the responsibility of the State or unit of local government.

Section 20. Penalties.

(a) When an administrative hearing is held by the Department of Agriculture, the hearing officer, upon determination of any violation of this Act or applicable rule, shall levy the following administrative monetary penalties:

(1) a penalty of $250 for a first violation;

(2) a penalty of $500 for a second violation; and

(3) a penalty of $1,000 for a third or subsequent violation.

(b) The penalty levied under this Act shall be collected by the Department of Agriculture, and all penalties collected shall be deposited into the Pesticide Control Fund. Any penalty not paid within 60 days of notice from the Department of Agriculture shall be submitted to the Attorney General for collection. The Attorney General may bring an action in the circuit court to enforce the collection of any monetary penalty imposed under this Act.

(c) The Department of Agriculture shall adopt rules to implement this Act. These rules shall include rules providing for administrative proceedings in which any penalty may be imposed. All final administrative decisions of the Department of Agriculture under this Act or rules adopted under this Act are subject to judicial review under the Administrative Review Law and the rules adopted under it.".