HB1596ham002 104TH GENERAL ASSEMBLY

Rep. Laura Faver Dias

Filed: 2/24/2026

10400HB1596ham002 LRB104 08094 WRO 30927 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:

"Day care center" has the meaning ascribed to it in the Child Care Act of 1969.

"Large-scale pesticide application" means an application of pesticide to 5 or more contiguous acres of land.

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

"Pesticide" has the meaning ascribed to it 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, or conservation area under the jurisdiction of the State or a unit of local government.

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

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

"State agency" has the meaning given to the term "agency" in Section 1-20 of the Illinois Administrative Procedure Act.

Section 10. Notice of application. At least 24 hours, but not more than 72 hours, before performing a large-scale pesticide application within one-half mile of the boundaries of a school property, playground, public park, child care institution, day care center, or part day child care facility, the licensed applicator or operator shall provide written notice to the school official or regional superintendent for 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, as applicable. School officials, park administrators, and administrators or owners of child care institutions, day care centers, or part day child care facilities are not required to provide notice under this Act at their own institutions for pesticide applications on their own properties.

If an application time must be changed, the licensed applicator or operator shall notify the administrator, regional superintendent, or owner at least 24 hours before the application. At a minimum, the written notice required under this Section shall include:

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

(2) the common name of each product that is to be applied;

(3) the type of pesticide contained in any product that may be applied, including, for example, an herbicide, fungicide, or insecticide;

(4) the name and telephone number of the licensed applicator or operator performing the application; and

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

Written notification required under this Section is sufficient if it is sent in an email message or hand delivered in writing, but a telephone call does not constitute sufficient notice. Notice made by hand delivery shall only constitute sufficient notice if it is received by a person who is a representative of the school official or regional superintendent for 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 listed on the Department's website.

Notification by State agencies is sufficient if it is posted to the State agency's website, provided that all other required information listed in this Section is included in the posting.

(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) The licensed applicator or operator, including a mosquito abatement district, need not provide the notice required in this Section if the application of the pesticide is in response to (i) disease-causing agents in vector mosquitoes, (ii) the occurrence of mosquito-borne disease in animal or human populations, or (iii) a natural disaster recovery effort.

Section 15. Rights-of-way. Notwithstanding any other provision of this Act, notifications concerning the application of pesticides to rights-of-way are governed by the Pesticide Application on Rights-of-Way Notification Act.

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 either refer the violation to the State's Attorney in the county in which the alleged violation occurred for prosecution or 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. The 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 shall be subject to judicial review pursuant to the Administrative Review Law and the rules adopted under the Administrative Review Law.".