HB2196ham001 94TH GENERAL ASSEMBLY

Rep. Karen May

Filed: 4/11/2005

09400HB2196ham001 LRB094 03211 RSP 44448 a

AMENDMENT TO HOUSE BILL 2196

AMENDMENT NO. ______. Amend House Bill 2196 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Section 10-20.5c as follows:

(105 ILCS 5/10-20.5c new)

Sec. 10-20.5c. Pesticide application at schools.

(a) School districts shall abide by the requirements of Sections 10.2 and 10.3 of the Structural Pest Control Act and Sections 3 and 3.5 of the Lawn Care Products Application and Notice Act.

(b) Notification required pursuant to Section 10.3 of the Structural Pest Control Act and Sections 3 and 3.5 of the Lawn Care Products Application and Notice Act may not be given more than 30 days before the application of the pesticide.

(c) Each school district, subject to the requirements of Section 10.3 of the Structural Pest Control Act and Section 3 of the Lawn Care Products Application and Notice Act, must ensure that pesticides will not be applied when children are present at the schools within the district. Toys and other items mouthed or handled by the children must be removed from the area before pesticides are applied. Children must not return to the treated area within 2 hours after a pesticide application or as specified on the pesticide label, whichever time is greater.

Section 10. The Child Care Act of 1969 is amended by changing Section 5.6 as follows:

(225 ILCS 10/5.6)

Sec. 5.6. Pesticide application at day care centers.

(a) Licensed day care centers shall abide by the requirements of Sections 10.2 and 10.3 of the Structural Pest Control Act and Sections 3 and 3.5 of the Lawn Care Products Application and Notice Act.

(b) Notification required pursuant to Section 10.3 of the Structural Pest Control Act and Sections 3 and 3.5 of the Lawn Care Products Application and Notice Act may not be given more than 30 days before the application of the pesticide.

(c) Each licensed day care center, subject to the requirements of Section 10.3 of the Structural Pest Control Act and Sections 3 and 3.5 of the Lawn Care Products Application and Notice Act, must ensure that pesticides will not be applied when children are present at the center. Toys and other items mouthed or handled by the children must be removed from the area before pesticides are applied. Children must not return to the treated area within 2 hours after a pesticide application or as specified on the pesticide label, whichever time is greater.

(Source: P.A. 93-381, eff. 7-1-04.)

Section 15. The Lawn Care Products Application and Notice Act is amended by changing Sections 2 and 3 and by adding Section 3.5 as follows:

(415 ILCS 65/2) (from Ch. 5, par. 852)

Sec. 2. Definitions.

For purposes of this Act:

"Application" means the spreading of lawn care products on a lawn.

"Applicator for hire" means any person who makes an application of lawn care products to a lawn or lawns for compensation, including applications made by an employee to lawns owned, occupied or managed by his employer and includes those licensed by the Department as licensed commercial applicators, commercial not-for-hire applicators, licensed public applicators, certified applicators and licensed operators and those otherwise subject to the licensure provisions of the Illinois Pesticide Act, as now or hereafter amended.

"Day care center" means any structure used as a licensed day care center in this State.

"Department" means the Illinois Department of Agriculture.

"Facility" means a building or structure and appurtenances thereto used by an applicator for hire for storage and handling of pesticides or the storage or maintenance of pesticide application equipment or vehicles.

"Fertilizer" means any substance containing nitrogen, phosphorus or potassium or other recognized plant nutrient or compound, which is used for its plant nutrient content.

"Golf course" means an area designated for the play or practice of the game of golf, including surrounding grounds, trees, ornamental beds and the like.

"Golf course superintendent" means any person entrusted with and employed for the care and maintenance of a golf course.

"Integrated pest management" is defined as a pest management system that:

(a) identifies pests and their natural enemies;

(b) establishes an ongoing monitoring and recordkeeping system for regular sampling and assessment of pest and natural enemy populations;

(c) determines the pest population levels that can be tolerated based on economic and health concerns and setting action thresholds where pest populations or environmental conditions warrant remedial action;

(d) prevents pest problems through improved sanitation, management of waste, addition of physical barriers, and the modification of habitats that attract or harbor pests;

(e) relies to the greatest extent possible on nontoxic, biological, cultural, or mechanical pest management methods, or on the use of natural control agents;

(f) allows, when necessary, the use of chemical pesticides with a preference for products that are the least harmful to human health and the environment; provided that, pesticides shall not be used for aesthetic reasons alone; and

(g) requires recordkeeping and reporting of pest populations, surveillance techniques, and remedial actions taken.

"Lawn" means land area covered with turf kept closely mown or land area covered with turf and trees or shrubs. The term does not include (1) land area used for research for agricultural production or for the commercial production of turf, (2) land area situated within a public or private right-of-way, or (3) land area which is devoted to the production of any agricultural commodity, including, but not limited to plants and plant parts, livestock and poultry and livestock or poultry products, seeds, sod, shrubs and other products of agricultural origin raised for sale or for human or livestock consumption.

"Lawn care products" means fertilizers or pesticides applied or intended for application to lawns.

"Person" means any individual, partnership, association, corporation or State governmental agency, school district, unit of local government and any agency thereof.

"Pesticide" means any substance or mixture of substances defined as a pesticide under the Illinois Pesticide Act, as now or hereafter amended.

"Plant protectants" means any substance or material used to protect plants from infestation of insects, fungi, weeds and rodents, or any other substance that would benefit the overall health of plants.

"School" means any structure used as a public school in this State.

"Turf" means the upper stratum of soils bound by grass and plant roots into a thick mat.

(Source: P.A. 86-358.)

(415 ILCS 65/3) (from Ch. 5, par. 853)

Sec. 3. Notification requirements for application of lawn care products.

(a) Lawn Markers.

(1) Immediately following application of lawn care products to a lawn, other than a golf course, an applicator for hire shall place a lawn marker at the usual point or points of entry.

(2) The lawn marker shall consist of a 4 inch by 5 inch sign, vertical or horizontal, attached to the upper portion of a dowel or other supporting device with the bottom of the marker extending no less than 12 inches above the turf.

(3) The lawn marker shall be white and lettering on the lawn marker shall be in a contrasting color. The marker shall state on one side, in letters of not less than 3/8 inch, the following: "LAWN CARE APPLICATION - STAY OFF GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: (here shall be inserted the name and business telephone number of the applicator for hire)."

(4) The lawn marker shall be removed and discarded by the property owner or resident, or such other person authorized by the property owner or resident, on the day following the application. The lawn marker shall not be removed by any person other than the property owner or resident or person designated by such property owner or resident.

(5) For applications to residential properties of 2 families or less, the applicator for hire shall be required to place lawn markers at the usual point or points of entry.

(6) For applications to residential properties of 2 families or more, or for application to other commercial properties, the applicator for hire shall place lawn markers at the usual point or points of entry to the property to provide notice that lawn care products have been applied to the lawn.

(b) Notification requirement for application of plant protectants on golf courses.

(1) Blanket posting procedure. Each golf course shall post in a conspicuous place or places an all-weather poster or placard stating to users of or visitors to the golf course that from time to time plant protectants are in use and additionally stating that if any questions or concerns arise in relation thereto, the golf course superintendent or his designee should be contacted to supply the information contained in subsection (c) of this Section.

(2) The poster or placard shall be prominently displayed in the pro shop, locker rooms and first tee at each golf course.

(3) The poster or placard shall be a minimum size of 8 1/2 by 11 inches and the lettering shall not be less than 1/2 inch.

(4) The poster or placard shall read: "PLANT PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE. IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE SUPERINTENDENT FOR FURTHER INFORMATION."

(c) Information to Customers of Applicators for Hire. At the time of application of lawn care products to a lawn, an applicator for hire shall provide the following information to the customer:

(1) The brand name or common name of each lawn care product applied;

(2) The type of fertilizer or pesticide contained in the lawn care product applied;

(3) The reason for use of each lawn care product applied;

(4) The range of concentration of end use product applied to the lawn and amount of material applied;

(5) Any special instruction appearing on the label of the lawn care product applicable to the customer's use of the lawn following application; and

(6) The business name and telephone number of the applicator for hire as well as the name of the person actually applying lawn care products to the lawn.

(d) Prior notification of application to lawn. In the case of all lawns other than golf courses:

(1) Any neighbor whose property abuts or is adjacent to the property of a customer of an applicator for hire may receive prior notification of an application by contacting the applicator for hire and providing his name, address and telephone number.

(2) At least the day before a scheduled application, an applicator for hire shall provide notification to a person who has requested notification pursuant to paragraph (1) of this subsection (d), such notification to be made in writing, in person or by telephone, disclosing the date and approximate time of day of application.

(3) In the event that an applicator for hire is unable to provide prior notification to a neighbor whose property abuts or is adjacent to the property because of the absence or inaccessibility of the individual, at the time of application to a customer's lawn, the applicator for hire shall leave a written notice at the residence of the person requesting notification, which shall provide the information specified in paragraph (2) of this subsection (d).

(e) Prior notification of application to golf courses.

(1) Any landlord or resident with property that abuts or is adjacent to a golf course may receive prior notification of an application of lawn care products or plant protectants, or both, by contacting the golf course superintendent and providing his name, address and telephone number.

(2) At least the day before a scheduled application of lawn care products or plant protectants, or both, the golf course superintendent shall provide notification to any person who has requested notification pursuant to paragraph (1) of this subsection (e), such notification to be made in writing, in person or by telephone, disclosing the date and approximate time of day of application.

(3) In the event that the golf course superintendent is unable to provide prior notification to a landlord or resident because of the absence or inaccessibility, at the time of application, of the landlord or resident, the golf course superintendent shall leave a written notice with the landlord or at the residence which shall provide the information specified in paragraph (2) of this subsection (e).

(f) Notification for applications of pesticides to school and day care center grounds other than school or day care center structures. School districts and day care centers must maintain a registry of parents and guardians of students or day care enrollees who have registered to receive written notification prior to the application of pesticides to school or day care center grounds or provide written notification to all parents and guardians of students or day care enrollees before such pesticide application. Written notification may be included in newsletters, bulletins, calendars, or other correspondence currently published by the school district or day care center. The written notification must be given at least 2 business days before application of the pesticide and should identify the intended date of the application of the pesticide and the name and telephone contact number for the school or day care center personnel responsible for the pesticide application program. Prior written notice shall not be required if there is imminent threat to health or property. If such a situation arises, the appropriate school or day care center personnel must sign a statement describing the circumstances that gave rise to the health threat and ensure that written notice is provided as soon as practicable.

(Source: P.A. 91-99, eff. 7-9-99; 92-16, eff. 6-28-01.)

(415 ILCS 65/3.5 new)

Sec. 3.5. Integrated Pest Management Guidelines.

(a) The Department shall prepare guidelines for an integrated pest management program for the application of lawn care products on school and day care center grounds. Such guidelines shall be made available to schools, day care centers, and the public upon request.

(b) When economically feasible, each school district and day care center is required to adopt an integrated pest management program that incorporates the guidelines developed by the Department. If adopting an integrated pest management program would not be economically feasible because it would result in an increase in the school district or day care center's pest control cost, the school district or day care center must provide written notification to the Department. The notification must include the projected pest control costs for the term of the pest control program and the projected costs for implementing an integrated pest management program for that same time period. The Department shall make this notification available to the general public upon request. In implementing an integrated pest management program, a school district or day care center employee should be designated to assume responsibility for the oversight and recordkeeping requirements of the pest management practices required under this Section.

(c) The Department, with the assistance of the Cooperative Extension Service and other relevant agencies, may prepare training programs for school district and day care center lawn care specialists.".