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Sen. Don Harmon
Filed: 4/17/2015
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1 | | AMENDMENT TO SENATE BILL 1626
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1626, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Lawn Care Products Application and Notice |
6 | | Act is amended by changing Section 3 as follows:
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7 | | (415 ILCS 65/3) (from Ch. 5, par. 853)
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8 | | Sec. 3. Notification requirements for application of lawn |
9 | | care products.
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10 | | (a) Lawn Markers.
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11 | | (1) Immediately following application of lawn care |
12 | | products to a lawn,
other than a golf course, an applicator |
13 | | for hire shall place a lawn marker
at the usual point or |
14 | | points of entry.
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15 | | (2) The lawn marker shall consist of a 4 inch by 5 inch |
16 | | sign,
vertical or horizontal, attached to the upper portion |
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1 | | of a dowel or other
supporting device with the bottom of |
2 | | the marker extending no less than 12
inches above the turf.
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3 | | (3) The lawn marker shall be white and made of rigid |
4 | | material. Lettering and lettering on the lawn marker
shall |
5 | | be in a contrasting color. The marker shall state on one |
6 | | side, in
letters of not less than 3/8 inch, the following:
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7 | | "LAWN CARE APPLICATION - STAY OFF GRASS UNTIL DRY - FOR |
8 | | MORE INFORMATION
CONTACT: (here shall be inserted the name |
9 | | and business telephone number of
the applicator for hire)."
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10 | | (4) The lawn marker shall be removed and discarded by |
11 | | the property
owner or resident, or such other person |
12 | | authorized by the property owner or
resident, on the day |
13 | | following the application. The lawn marker shall not be
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14 | | removed by any person other than the property owner or |
15 | | resident or person
designated by such property owner or |
16 | | resident.
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17 | | (5) For applications to residential properties of 2 |
18 | | families or
less, the applicator for hire shall be required |
19 | | to place
lawn markers at or within view of the usual point |
20 | | or points of entry and one marker at a prominent location |
21 | | along the rear perimeter, unless access to the treated area |
22 | | is impassable because of a fence, wall, hedge, or natural |
23 | | topographic feature .
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24 | | (6) For applications to residential properties
of 2 |
25 | | families or more, or for application to other commercial |
26 | | properties,
the applicator for hire shall place lawn |
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1 | | markers at the usual point or points
of entry to the |
2 | | property to provide notice that lawn care products have |
3 | | been
applied to the lawn.
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4 | | (b) Notification requirement for application of plant |
5 | | protectants on golf
courses.
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6 | | (1) Blanket posting procedure. Each golf course shall |
7 | | post in a
conspicuous place or places an all-weather poster |
8 | | or placard stating to
users of or visitors to the golf |
9 | | course that from time to time plant
protectants are in use |
10 | | and additionally stating that if any questions or
concerns |
11 | | arise in relation thereto, the golf course superintendent |
12 | | or his
designee should be contacted to supply the |
13 | | information contained in
subsection (c) of this Section.
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14 | | (2) The poster or placard shall be prominently |
15 | | displayed in the pro
shop, locker rooms and first tee at |
16 | | each golf course.
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17 | | (3) The poster or placard shall be a minimum size of 8 |
18 | | 1/2 by 11 inches
and the lettering shall not be less than |
19 | | 1/2 inch.
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20 | | (4) The poster or placard shall read: "PLANT |
21 | | PROTECTANTS ARE
PERIODICALLY APPLIED TO THIS GOLF COURSE. |
22 | | IF DESIRED, YOU MAY CONTACT YOUR
GOLF COURSE SUPERINTENDENT |
23 | | FOR FURTHER INFORMATION."
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24 | | (c) Information to Customers of Applicators for Hire. At |
25 | | the time of
application of lawn care products to a lawn, an |
26 | | applicator for hire shall
provide the following information to |
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1 | | the customer:
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2 | | (1) The brand name, common name, and scientific name of |
3 | | each lawn care product applied;
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4 | | (2) The type of fertilizer or pesticide contained in |
5 | | the lawn care
product applied;
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6 | | (3) The reason for use of each lawn care product |
7 | | applied;
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8 | | (4) The range of concentration of end use product |
9 | | applied to the
lawn and amount of material applied;
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10 | | (5) Any special instruction appearing on the label of |
11 | | the lawn care
product applicable to the customer's use of |
12 | | the lawn following application;
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13 | | (6) The business name and telephone number of the |
14 | | applicator for hire
as well as the name of the person |
15 | | actually applying lawn care products to the
lawn; and |
16 | | (7) Upon the request of a customer or any person whose |
17 | | property abuts or is adjacent to the property of a customer |
18 | | of an applicator for hire, a copy of the material safety |
19 | | data sheet and approved pesticide registration label for |
20 | | each applied lawn care product.
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21 | | (d) Prior notification of application to lawn. In the case |
22 | | of all lawns
other than golf courses:
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23 | | (1) Any neighbor whose property abuts or is adjacent to |
24 | | the property
of a customer of an applicator for hire may |
25 | | receive prior notification of
an application by contacting |
26 | | the applicator for hire and providing his
name, address and |
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1 | | telephone number.
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2 | | (2) At least the day before a scheduled application, an |
3 | | applicator
for hire shall provide notification to a person |
4 | | who has requested
notification pursuant to paragraph (1) of |
5 | | this subsection (d), such
notification to be made in |
6 | | writing, in person or by telephone, disclosing
the date and |
7 | | approximate time of day of application.
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8 | | (3) In the event that an applicator for hire is unable |
9 | | to provide
prior notification to a neighbor whose property |
10 | | abuts or is adjacent to the
property because of the absence |
11 | | or inaccessibility of the individual, at
the time of |
12 | | application to a customer's lawn, the applicator for hire |
13 | | shall
leave a written notice at the residence of the person |
14 | | requesting
notification, which shall provide the |
15 | | information specified in paragraph
(2) of this subsection |
16 | | (d).
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17 | | Failure to attempt to provide notification as requested in |
18 | | paragraph (1) of this subsection (d) shall be considered a |
19 | | violation subject to an administrative hearing under Section 7 |
20 | | of this Act. |
21 | | (e) Prior notification of application to golf courses.
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22 | | (1) Any landlord or resident with property that abuts |
23 | | or is adjacent
to a golf course may receive prior |
24 | | notification of an application of lawn
care products or |
25 | | plant protectants, or both, by contacting the golf course
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26 | | superintendent and providing his name, address and |
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1 | | telephone number.
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2 | | (2) At least the day before a scheduled application of |
3 | | lawn care
products or plant protectants, or both, the golf |
4 | | course superintendent
shall provide notification to any |
5 | | person who has requested notification
pursuant to |
6 | | paragraph (1) of this subsection (e), such notification to |
7 | | be
made in writing, in person or by telephone, disclosing |
8 | | the date and
approximate time of day of application.
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9 | | (3) In the event that the golf course superintendent is |
10 | | unable to
provide prior notification to a landlord or |
11 | | resident because of the absence
or inaccessibility, at the |
12 | | time of application, of the landlord or
resident, the golf |
13 | | course superintendent shall leave a written notice with
the |
14 | | landlord or at the residence which shall provide the |
15 | | information
specified in paragraph (2) of this subsection |
16 | | (e).
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17 | | (f) Notification for applications of pesticides to day care |
18 | | center grounds other than day care center structures and school |
19 | | grounds other
than school structures. |
20 | | (1) The owner or operator of a day care center must |
21 | | either (i) maintain a registry of parents and guardians of |
22 | | children in his or her care who have registered to receive |
23 | | written notification before the application of pesticide |
24 | | to day care center grounds and notify persons on that |
25 | | registry before applying pesticides or having pesticide |
26 | | applied to day care center grounds or (ii) provide written |
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1 | | or telephonic notice to all parents and guardians of |
2 | | children in his or her care before applying pesticide or |
3 | | having pesticide applied to day care center grounds. |
4 | | (2) School districts must either (i) maintain a |
5 | | registry of parents
and guardians of students who have |
6 | | registered to receive written or telephonic notification
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7 | | before the application of pesticide to school grounds and |
8 | | notify persons on that list before applying pesticide or |
9 | | having pesticide applied to school grounds or (ii) provide |
10 | | written or telephonic
notification to all parents and |
11 | | guardians of students before applying pesticide or having |
12 | | pesticide applied to school grounds. |
13 | | (3) Written notification required under item (1) or (2) |
14 | | of subsection (f) of this Section may be included in |
15 | | newsletters,
calendars, or other correspondence currently |
16 | | published by the school district, but posting on a bulletin |
17 | | board is not sufficient.
The written or telephonic |
18 | | notification must be given at least 4 business days before
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19 | | application of the pesticide and should identify the |
20 | | intended date of the
application of the pesticide and the |
21 | | name and telephone contact number for the
school personnel |
22 | | responsible for the pesticide application program or, in |
23 | | the case of a day care center, the owner or operator of the |
24 | | day care center. Prior
notice shall not be required if |
25 | | there is imminent threat to health or
property. If such a |
26 | | situation arises, the appropriate school personnel or, in |