Summary as Introduced
Creates the Pesticide Application on Rights-of-Way Notification Act. Provides that, at least 24 hours before applying a pesticide to a public right-of-way that is located within the corporate boundaries of a municipality, a certified applicator employed or contracted with by the State or a unit of local government to apply the pesticide shall provide notice of the application to all residents whose residences are located within 200 feet of the public right-of-way to be treated. Provides for monetary penalties for violations following an administrative hearing with the Department of Agriculture. Provides penalties for violations of the Act following an administrative hearing. Specifies that penalties are to be deposited into the Pesticide Control Fund, with unpaid penalties subject to collection by the Attorney General. Creates a petty offense and provides for an alternative prosecution by a State's Attorney following referral by the Department of Agriculture, with identical fines for the petty offense. Provides for the adoption of rules by the Department of Agriculture. Defines terms.
Staff Analysis
Creates the Pesticide Application on Rights-of-Way Notification Act. Provides that, at least 24 hours before applying a pesticide, including a pesticide to control mosquitoes, to a public right-of-way that is located within the corporate boundaries of a municipality, the State or the unit of local government in which the application shall be made shall provide notice and the notice is sufficient if posted in newsletters, calendars, or other correspondence currently published by the State or the unit of local government in which the application is to be made. Provides that the State or a unit of local government, including a mosquito abatement district, need not comply with certain notice requirements if the application of 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. Provides for monetary penalties for violations following an administrative hearing with the Department of Agriculture. Provides penalties for violations of the Act following an administrative hearing.