Sen. Steve McClure
Filed: 3/1/2024
 
 

 
 

 
10300SB3342sam001LRB103 38864 BDA 70310 a

1
AMENDMENT TO SENATE BILL 3342 

2    AMENDMENT NO. ______. Amend Senate Bill 3342 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the the 
5Pesticide Application on Rights-of-Way Notification Act.
 
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Agriculture.
8    "Pesticide" has the meaning given to that term in the 
9Illinois Pesticide Act.
 
10    Section 10. Prior notification requirements for 
11application of pesticides on rights of way. 
12    (a) At least 24 hours before applying a pesticide to a 
13public right-of-way that is located within the corporate 
14boundaries of a municipality, the State or the unit of local 
15government in which the application is to be made shall 
 
 
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1provide notice of the application to all residents whose 
2residences are located within 200 feet of the public 
3right-of-way to be treated. At a minimum, the following 
4information shall be provided in the notice:
5        (1) the intended date and approximate time of day of 
6    application;
7        (2) the brand name, common name, and scientific name 
8    of each product applied;
9        (3) the type of pesticide contained in the product 
10    applied;
11        (4) the reason for use of each product applied;
12        (5) the range of concentration of end-use product 
13    applied;
14        (6) any special instructions appearing on the label of 
15    the product applicable to an individual's use of the 
16    public right-of-way following application;
17        (7) the State agency or unit of local government name 
18    and telephone number of the certified applicator; and
19        (8) contact information for the Department for 
20    complaints of pesticide misuse, including a telephone 
21    number and website information for the Department.
22    (b) Written notification required under subsection (a) is 
23sufficient if posted in newsletters, calendars, or other 
24correspondence currently published by the State or the unit of 
25local government in which the application is to be made, but 
26posting on a bulletin board is not sufficient.
 
 
 
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1    Section 15. Administrative rules. This Act shall be 
2administered and enforced by the Department. The Department 
3may adopt rules as necessary for the enforcement of this Act.
 
4    Section 20. Penalties. 
5    (a) When an administrative hearing is held by the 
6Department, the hearing officer, upon determination of any 
7violation of this Act or rule or regulation, shall either 
8refer the violation to the State's Attorney in the county 
9where the alleged violation occurred for prosecution or levy 
10the following administrative monetary penalties:
11        (1) a penalty of $250 for a first violation;
12        (2) a penalty of $500 for a second violation; and
13        (3) a penalty of $1,000 for a third or subsequent 
14    violation.
15    (b) The penalty levied under subsection (a) shall be 
16collected by the Department, and all penalties collected by 
17the Department under this Act shall be deposited into the 
18Pesticide Control Fund. Any penalty not paid within 60 days of 
19notice from the Department shall be submitted to the Attorney 
20General for collection.
21    (c) Upon prosecution by a State's Attorney, a violation of 
22this Act or rules adopted under this Act shall be a petty 
23offense subject to a fine of $250 for a first offense, a fine 
24of $500 for a second offense, and a fine of $1,000 for a third 
 
 
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1or subsequent offense.".