Bill Status of HB 6099   96th General Assembly

Short Description:  AGRICULTURE-FERTILIZER ACT

House Sponsors
Rep. Brandon W. Phelps-Linda Chapa LaVia-Naomi D. Jakobsson-Randy Ramey, Jr., John A. Fritchey, Franco Coladipietro, Patricia R. Bellock, Michael W. Tryon, Sandy Cole, Dennis M. Reboletti, William Davis and Keith Farnham

Senate Sponsors
(Sen. Michael Noland-Michael W. Frerichs)


Last Action  View All Actions

DateChamber Action
  7/6/2010HousePublic Act . . . . . . . . . 96-1005

Statutes Amended In Order of Appearance
505 ILCS 80/3from Ch. 5, par. 55.3
505 ILCS 80/14from Ch. 5, par. 55.14
505 ILCS 80/18b new
505 ILCS 80/18c new
505 ILCS 80/19from Ch. 5, par. 55.19
505 ILCS 80/19a new
705 ILCS 105/27.6

Synopsis As Introduced
Amends the Illinois Fertilizer Act of 1961. Prohibits any applicator for hire from applying fertilizer material containing phosphorus to any parcel of turfgrass except as demonstrated to be necessary by a soil test conducted no more than 36 months before the intended application by a laboratory already identified and approved by the Department of Agriculture, unless the fertilizer material is a 0% phosphate fertilizer or a person is establishing turfgrass in the first growing season. Restricts the application of fertilizer material on impervious surfaces, near bodies of water, and when the ground is frozen. Enlarges the Department's rulemaking powers under the Act. Exempts the following types of property from the requirements of the Act: property used in the operation of a commercial farm, lands classified as agricultural lands, and golf courses. Authorizes local government code enforcement officers to issue notices of violation. Limits home rule powers. Defines "applicator for hire", "buffer", "frozen ground", "impervious surface", "saturated ground", "soil test", "soil test lab", "spreader", "turfgrass", and "0% phosphate fertilizer". Amends the Clerks of Courts Act. Provides that fines imposed under the Illinois Fertilizer Act of 1961 as a result of the issuance of a notice of violation by a code enforcement officer of a unit of local government shall be returned to the unit of local government that issued the notice of violation, and that the fines imposed under that Act as a result of the issuance of a notice of violation by the Department of Agriculture shall be deposited into the Fertilizer Control Fund. Effective July 1, 2010.

House Committee Amendment No. 1
Deletes reference to:
505 ILCS 80/3
505 ILCS 80/14
505 ILCS 80/18b new
505 ILCS 80/18c new
505 ILCS 80/19
505 ILCS 80/19a new
705 ILCS 105/27.6
Adds reference to:
415 ILCS 65/2from Ch. 5, par. 852
415 ILCS 65/5a
415 ILCS 65/5b
415 ILCS 65/7from Ch. 5, par. 857
415 ILCS 65/9 new
415 ILCS 65/8 rep.

Deletes everything after the enacting clause. Amends the Lawn Care Products Application and Notice Act. Prohibits applicators for hire from applying fertilizer containing phosphorus to a lawn, except as demonstrated to be necessary by a soil test which establishes that the soil is lacking in phosphorous when compared against the standard established by the University of Illinois. Requires the soil test to be conducted no more than 36 months before the intended application of the fertilizer and by a soil testing laboratory that has been identified by the University of Illinois, or approved by the Department, as an acceptable laboratory for soil testing. Provides that a soil test shall not be required if the fertilizer to be applied is a 0% phosphate fertilizer or the fertilizer is being applied to establish a lawn in the first growing season. Restricts the ability of an applicator for hire to apply fertilizer on impervious surfaces, near bodies of water, and when a lawn is frozen or saturated. Exempts the following types of property from the application of these provisions: property used in the operation of a commercial farm, lands classified as agricultural lands, and golf courses. Provides for the registration of company locations that employ applicators for hire to apply fertilizer to lawns. Increases penalties and fines for violations. Limits home rule powers. Repeals a provision which specified that nothing in the Act should be interpreted to affect the existing powers of any unit of local government, including any home rule unit. Defines "buffer", "impervious surface", "soil test", "spreader", and "0% phosphate fertilizer". Effective July 1, 2010.

 Fiscal Note, House Committee Amendment No. 1 (Dept. of Agriculture)
 The fiscal impact to the Department as a result of HB 6099 (H-AM 1) would be as follows: Revenues - The State should receive approximately $105,000 of revenues as a result of the new registration requirement based on an estimated 1,000 sites each submitting the required $100 "registration" fee and $5 "duplicate" registration fee. The Department is aware of approximately 700 wash water containment areas currently permitted under section 5 of the Lawncare Products Application and Notice Act (LCPANA) which would each most likely qualify for the registration requirement. We expect that an additional number of sites beyond the currently permitted ones would also require registration that have estimated their number at 300. Expenditures - The administration of the registration program coupled with the enforcement of the fertilizer application restrictions are estimated to require at least 3.5 full-time-equivalents of staff resources. These would be split between clerical (registration processing and general clerical activities), program management/ enforcement case processing, and field inspection/investigation. An initial estimate of staff requirements would be at least 1 FTE clerical position, .05 FTE section manager/enforcement officer, and 2 FTE field staff which would be equivalent to an approximate annual cost of $325,000. After adding cost of the amended bill to the Department is estimated at not less than $350,000 per year.

House Floor Amendment No. 2
Deletes reference to:
415 ILCS 65/5b new

Deletes everything after the enacting clause. Reinserts the provisions of House Committee Amendment No. 1, with the following changes: (1) defines "lawn repair products"; (2) provides that certain soil testing is not required if the fertilizer is being applied during the first 2 growing seasons (rather than the first growing season); (3) provides that the application restrictions do not apply to the application of lawn repair products or certain manipulated animal or vegetable manures; (4) removes a provision that required the registration of company locations that employ applicators for hire to apply fertilizer to lawns; and (5) makes changes concerning home rule powers. Effective July 1, 2010.

Senate Committee Amendment No. 1
Deletes everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: (1) provides that "impervious surface" includes pavement, (2) provides that the prohibition on the application, by applicators-for-hire, of phosphorous-containing fertilizer does not apply to the application of certain types of animal or vegetable manures, and (3) provides that prohibition on the regulation of fertilizer by units of local government does not apply to local ordinances or regulation in effect before the effective date of this amendatory Act. Effective July 1, 2010.

Actions 
DateChamber Action
  2/11/2010HouseFiled with the Clerk by Rep. Brandon W. Phelps
  2/11/2010HouseFirst Reading
  2/11/2010HouseReferred to Rules Committee
  2/16/2010HouseAdded Chief Co-Sponsor Rep. Linda Chapa LaVia
  2/23/2010HouseAdded Chief Co-Sponsor Rep. Naomi D. Jakobsson
  2/25/2010HouseAdded Chief Co-Sponsor Rep. Randy Ramey, Jr.
  3/2/2010HouseAssigned to Agriculture & Conservation Committee
  3/9/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Agriculture & Conservation Committee
  3/9/2010HouseHouse Committee Amendment No. 1 Adopted in Agriculture & Conservation Committee; by Voice Vote
  3/9/2010HouseDo Pass as Amended / Short Debate Agriculture & Conservation Committee; 011-002-000
  3/9/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/15/2010HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Jim Sacia
  3/16/2010HouseAdded Co-Sponsor Rep. John A. Fritchey
  3/18/2010HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  3/23/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Brandon W. Phelps
  3/23/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/24/2010HouseHouse Floor Amendment No. 2 Rules Refers to Agriculture & Conservation Committee
  3/24/2010HouseHouse Floor Amendment No. 2 Recommends Be Adopted Agriculture & Conservation Committee; 013-000-000
  3/25/2010HouseSecond Reading - Short Debate
  3/25/2010HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/25/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/26/2010HouseThird Reading - Short Debate - Passed 105-002-000
  3/26/2010HouseAdded Co-Sponsor Rep. Franco Coladipietro
  3/26/2010HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  3/26/2010HouseAdded Co-Sponsor Rep. Michael W. Tryon
  3/26/2010HouseAdded Co-Sponsor Rep. Sandy Cole
  3/26/2010HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  3/26/2010HouseAdded Co-Sponsor Rep. William Davis
  3/26/2010HouseAdded Co-Sponsor Rep. Keith Farnham
  4/6/2010SenateArrive in Senate
  4/6/2010SenatePlaced on Calendar Order of First Reading
  4/6/2010SenateChief Senate Sponsor Sen. Michael Noland
  4/6/2010SenateFirst Reading
  4/6/2010SenateReferred to Assignments
  4/6/2010SenateAssigned to Agriculture and Conservation
  4/14/2010SenatePostponed - Agriculture and Conservation
  4/15/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Michael W. Frerichs
  4/19/2010SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Michael Noland
  4/19/2010SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/20/2010SenateSenate Committee Amendment No. 1 Assignments Refers to Agriculture and Conservation
  4/20/2010SenateSenate Committee Amendment No. 1 Adopted
  4/20/2010SenateDo Pass as Amended Agriculture and Conservation; 008-001-000
  4/20/2010SenatePlaced on Calendar Order of 2nd Reading April 21, 2010
  4/22/2010SenateSecond Reading
  4/22/2010SenatePlaced on Calendar Order of 3rd Reading April 23, 2010
  4/29/2010SenateThird Reading - Passed; 053-000-000
  4/29/2010HouseArrived in House
  4/29/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/3/2010HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Brandon W. Phelps
  5/3/2010HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/4/2010HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Agriculture & Conservation Committee
  5/4/2010HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Agriculture & Conservation Committee; 009-001-000
  5/5/2010HouseSenate Committee Amendment No. 1 House Concurs 118-000-000
  5/5/2010HousePassed Both Houses
  6/3/2010HouseSent to the Governor
  7/6/2010HouseGovernor Approved
  7/6/2010HouseEffective Date July 6, 2010
  7/6/2010HousePublic Act . . . . . . . . . 96-1005

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