Illinois General Assembly - Bill Status for HB6099

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.

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 a 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.

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.

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 the 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.

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