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Public Act 103-0976


 

Public Act 0976 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0976
 
SB3342 EnrolledLRB103 38864 BDA 69001 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the the
Pesticide Application on Rights-of-Way Notification Act.
 
    Section 5. Definitions. In this Act:
    "Department" means the Department of Agriculture.
    "Pesticide" has the meaning given in the Illinois
Pesticide Act.
    "Unit of local government" means a unit of local
government, as defined in Article VII, Section 1 of the
Illinois Constitution, except a park district, forest preserve
district, or conservation district.
 
    Section 10. Prior notification requirements for
application of pesticides on rights-of-way.
    (a) At least 24 hours before the State or a unit of local
government, including a mosquito abatement district or a
commercial entity hired by the State or a unit of local
government, applies a pesticide, including a pesticide
intended to control mosquitoes, to a public right-of-way that
is located within the corporate boundaries of a municipality,
the State, mosquito abatement district, or other unit of local
government in which the application is to be made shall
provide written notice to the public of the application of the
pesticide. At a minimum, the following information shall be
provided in the written notice required under this subsection
(a):
        (1) the intended location, date range, and range of
    times during the day that the material 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) any special instructions appearing on the label of
    the product applicable to an individual's use of the
    public right-of-way following an application;
        (7) the State agency, mosquito abatement district, or
    other unit of local government name and telephone number
    of the certified applicator; and
        (8) contact information for the Department for
    complaints of pesticide misuse, including a telephone
    number and website information for the Department.
    Written notification required under this subsection (a) is
sufficient if posted in newsletters, websites, calendars, or
other correspondence currently published by the State,
mosquito abatement district, or other unit of local government
in which the application is to be made, but posting on a
bulletin board is not sufficient.
    (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 State or a unit of local government, including a
mosquito abatement district, need not provide the notice
required by 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. Administrative rules. This Act shall be
administered and enforced by the Department. The Department
may adopt rules as necessary for the enforcement of this Act.
 
    Section 20. Penalties.
    (a) When an administrative hearing is held by the
Department, the hearing officer, upon determination of any
violation of this Act or rule or regulation, shall either
refer the violation to the State's Attorney in the county
where 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 subsection (a) shall be
collected by the Department, and all penalties collected by
the Department under this Act shall be deposited into the
Pesticide Control Fund. Any penalty not paid within 60 days of
notice from the Department shall be submitted to the Attorney
General for collection.
    (c) Upon prosecution by a State's Attorney, a violation of
this Act or rules adopted under this Act shall be a petty
offense subject to a fine of $250 for a first offense, a fine
of $500 for a second offense, and a fine of $1,000 for a third
or subsequent offense.

Effective Date: 1/1/2025