Full Text of HB2196 94th General Assembly
HB2196ham001 94TH GENERAL ASSEMBLY
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Rep. Karen May
Filed: 4/11/2005
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09400HB2196ham001 |
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LRB094 03211 RSP 44448 a |
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| AMENDMENT TO HOUSE BILL 2196
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| AMENDMENT NO. ______. Amend House Bill 2196 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by adding Section | 5 |
| 10-20.5c as follows: | 6 |
| (105 ILCS 5/10-20.5c new) | 7 |
| Sec. 10-20.5c. Pesticide application at schools.
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| (a) School districts shall abide by the
requirements of | 9 |
| Sections 10.2 and 10.3 of the Structural Pest
Control Act and | 10 |
| Sections 3 and 3.5 of the Lawn Care Products Application and | 11 |
| Notice Act. | 12 |
| (b) Notification required pursuant to Section 10.3 of
the | 13 |
| Structural Pest Control Act and Sections 3 and 3.5 of the Lawn | 14 |
| Care
Products Application and Notice Act may not be given more | 15 |
| than 30
days before the application of the pesticide. | 16 |
| (c) Each school district, subject to the
requirements of | 17 |
| Section 10.3 of the Structural Pest Control
Act and Section 3 | 18 |
| of the Lawn Care Products Application and Notice Act, must | 19 |
| ensure that pesticides will not be applied when
children are | 20 |
| present at the schools within the district. Toys and other | 21 |
| items
mouthed or handled by the children must be removed from | 22 |
| the
area before pesticides are applied. Children must not | 23 |
| return
to the treated area within 2 hours after a pesticide
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| application or as specified on the pesticide label, whichever
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LRB094 03211 RSP 44448 a |
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| time is greater. | 2 |
| Section 10. The Child Care Act of 1969 is amended by | 3 |
| changing Section 5.6 as follows:
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| (225 ILCS 10/5.6)
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| Sec. 5.6. Pesticide application at day care centers.
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| (a) Licensed day care centers shall abide by the | 7 |
| requirements of Sections
10.2
and
10.3 of the Structural Pest | 8 |
| Control Act and Sections 3 and 3.5 of the Lawn Care Products | 9 |
| Application and Notice Act .
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| (b) Notification required pursuant to Section 10.3 of the | 11 |
| Structural Pest
Control
Act and Sections 3 and 3.5 of the Lawn | 12 |
| Care Products Application and Notice Act may not be given more | 13 |
| than 30 days before the application of the pesticide.
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| (c) Each licensed day care center, subject to the | 15 |
| requirements of Section
10.3 of the Structural Pest Control Act | 16 |
| and Sections 3 and 3.5 of the Lawn Care Products Application | 17 |
| and Notice Act , must ensure that pesticides will
not
be
applied | 18 |
| when children are present at the center. Toys and other items | 19 |
| mouthed
or
handled by the children must be removed from the | 20 |
| area before pesticides are
applied.
Children must not return to | 21 |
| the treated area within 2 hours after a pesticide
application | 22 |
| or
as specified on the pesticide label, whichever time is | 23 |
| greater.
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| (Source: P.A. 93-381, eff. 7-1-04 .)
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| Section 15. The Lawn Care Products Application and Notice | 26 |
| Act is amended by changing Sections 2 and 3 and by adding | 27 |
| Section 3.5 as follows:
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| (415 ILCS 65/2) (from Ch. 5, par. 852)
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| Sec. 2. Definitions.
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| For purposes of this Act:
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| "Application" means the spreading of lawn care products
on | 2 |
| a lawn.
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| "Applicator for hire" means any person who makes an | 4 |
| application of lawn
care products to a lawn or lawns for | 5 |
| compensation, including applications made
by an employee to | 6 |
| lawns owned, occupied or managed by his employer and
includes | 7 |
| those licensed by the Department as licensed commercial
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| applicators, commercial not-for-hire applicators, licensed | 9 |
| public
applicators, certified applicators and licensed | 10 |
| operators and those
otherwise subject to the licensure | 11 |
| provisions of the Illinois Pesticide
Act, as now or hereafter | 12 |
| amended.
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| "Day care center" means any structure used as a licensed | 14 |
| day care center in this State.
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| "Department" means the Illinois Department of Agriculture.
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| "Facility" means a building or structure and appurtenances | 17 |
| thereto used
by an applicator for hire for storage and handling | 18 |
| of pesticides or the
storage or maintenance of pesticide | 19 |
| application equipment or vehicles.
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| "Fertilizer" means any substance containing nitrogen, | 21 |
| phosphorus or
potassium or other recognized plant nutrient or | 22 |
| compound, which is used for
its plant nutrient content.
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| "Golf course" means an area designated for the play or | 24 |
| practice of the
game of golf, including surrounding grounds, | 25 |
| trees, ornamental beds and the like.
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| "Golf course superintendent" means any person entrusted | 27 |
| with and employed
for the care and maintenance of a golf | 28 |
| course.
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| "Integrated pest management" is defined as a pest | 30 |
| management system that: | 31 |
| (a) identifies pests and their natural enemies; | 32 |
| (b) establishes an ongoing monitoring and | 33 |
| recordkeeping system for regular sampling and assessment | 34 |
| of pest and natural enemy populations; |
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| (c) determines the pest population levels that can be | 2 |
| tolerated based on economic and health concerns and setting | 3 |
| action thresholds where pest populations or environmental | 4 |
| conditions warrant remedial action; | 5 |
| (d) prevents pest problems through improved | 6 |
| sanitation, management of waste, addition of physical | 7 |
| barriers, and the modification of habitats that attract or | 8 |
| harbor pests; | 9 |
| (e) relies to the greatest extent possible on nontoxic, | 10 |
| biological, cultural, or mechanical pest management | 11 |
| methods, or on the use of natural control agents; | 12 |
| (f) allows, when necessary, the use of chemical | 13 |
| pesticides with a preference for products that are the | 14 |
| least harmful to human health and the environment; provided | 15 |
| that, pesticides shall not be used for aesthetic reasons | 16 |
| alone; and | 17 |
| (g) requires recordkeeping and reporting of pest | 18 |
| populations, surveillance techniques, and remedial actions | 19 |
| taken. | 20 |
| "Lawn" means land area covered with turf kept closely mown | 21 |
| or land area
covered with turf and trees or shrubs. The term | 22 |
| does not include (1) land
area used for research for | 23 |
| agricultural production or for the commercial
production of | 24 |
| turf, (2) land area situated within a public or private
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| right-of-way, or (3) land area which is devoted to the | 26 |
| production of any
agricultural commodity, including, but not | 27 |
| limited to plants and plant
parts, livestock and poultry and | 28 |
| livestock or poultry products,
seeds, sod, shrubs and other | 29 |
| products of agricultural origin raised for
sale or for human or | 30 |
| livestock consumption.
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| "Lawn care products" means fertilizers or pesticides | 32 |
| applied or
intended for application to lawns.
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| "Person" means any individual, partnership, association, | 34 |
| corporation or
State governmental agency, school district, |
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| unit of local government and
any agency thereof.
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| "Pesticide" means any substance or mixture of substances | 3 |
| defined as a
pesticide under the Illinois Pesticide Act, as now | 4 |
| or hereafter amended.
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| "Plant protectants" means any substance or material used to | 6 |
| protect
plants from infestation of insects, fungi, weeds and | 7 |
| rodents, or any other
substance that would benefit the overall | 8 |
| health of plants.
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| "School" means any structure used as a public school in | 10 |
| this State. | 11 |
| "Turf" means the upper stratum of soils bound by grass and | 12 |
| plant roots into a thick mat.
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| (Source: P.A. 86-358.)
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| (415 ILCS 65/3) (from Ch. 5, par. 853)
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| Sec. 3. Notification requirements for application of lawn | 16 |
| care products.
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| (a) Lawn Markers.
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| (1) Immediately following application of lawn care | 19 |
| products to a lawn,
other than a golf course, an applicator | 20 |
| for hire shall place a lawn marker
at the usual point or | 21 |
| points of entry.
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| (2) The lawn marker shall consist of a 4 inch by 5 inch | 23 |
| sign,
vertical or horizontal, attached to the upper portion | 24 |
| of a dowel or other
supporting device with the bottom of | 25 |
| the marker extending no less than 12
inches above the turf.
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| (3) The lawn marker shall be white and lettering on the | 27 |
| lawn marker
shall be in a contrasting color. The marker | 28 |
| shall state on one side, in
letters of not less than 3/8 | 29 |
| inch, the following:
"LAWN CARE APPLICATION - STAY OFF | 30 |
| GRASS UNTIL DRY - FOR MORE INFORMATION
CONTACT: (here shall | 31 |
| be inserted the name and business telephone number of
the | 32 |
| applicator for hire)."
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| (4) The lawn marker shall be removed and discarded by |
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| the property
owner or resident, or such other person | 2 |
| authorized by the property owner or
resident, on the day | 3 |
| following the application. The lawn marker shall not be
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| removed by any person other than the property owner or | 5 |
| resident or person
designated by such property owner or | 6 |
| resident.
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| (5) For applications to residential properties of 2 | 8 |
| families or
less, the applicator for hire shall be required | 9 |
| to place
lawn markers at the usual point or points of | 10 |
| entry.
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| (6) For applications to residential properties
of 2 | 12 |
| families or more, or for application to other commercial | 13 |
| properties,
the applicator for hire shall place lawn | 14 |
| markers at the usual point or points
of entry to the | 15 |
| property to provide notice that lawn care products have | 16 |
| been
applied to the lawn.
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| (b) Notification requirement for application of plant | 18 |
| protectants on golf
courses.
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| (1) Blanket posting procedure. Each golf course shall | 20 |
| post in a
conspicuous place or places an all-weather poster | 21 |
| or placard stating to
users of or visitors to the golf | 22 |
| course that from time to time plant
protectants are in use | 23 |
| and additionally stating that if any questions or
concerns | 24 |
| arise in relation thereto, the golf course superintendent | 25 |
| or his
designee should be contacted to supply the | 26 |
| information contained in
subsection (c) of this Section.
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| (2) The poster or placard shall be prominently | 28 |
| displayed in the pro
shop, locker rooms and first tee at | 29 |
| each golf course.
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| (3) The poster or placard shall be a minimum size of 8 | 31 |
| 1/2 by 11 inches
and the lettering shall not be less than | 32 |
| 1/2 inch.
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| (4) The poster or placard shall read: "PLANT | 34 |
| PROTECTANTS ARE
PERIODICALLY APPLIED TO THIS GOLF COURSE. |
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| IF DESIRED, YOU MAY CONTACT YOUR
GOLF COURSE SUPERINTENDENT | 2 |
| FOR FURTHER INFORMATION."
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| (c) Information to Customers of Applicators for Hire. At | 4 |
| the time of
application of lawn care products to a lawn, an | 5 |
| applicator for hire shall
provide the following information to | 6 |
| the customer:
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| (1) The brand name or common name of each lawn care | 8 |
| product applied;
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| (2) The type of fertilizer or pesticide contained in | 10 |
| the lawn care
product applied;
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| (3) The reason for use of each lawn care product | 12 |
| applied;
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| (4) The range of concentration of end use product | 14 |
| applied to the
lawn and amount of material applied;
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| (5) Any special instruction appearing on the label of | 16 |
| the lawn care
product applicable to the customer's use of | 17 |
| the lawn following application;
and
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| (6) The business name and telephone number of the | 19 |
| applicator for hire
as well as the name of the person | 20 |
| actually applying lawn care products to the
lawn.
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| (d) Prior notification of application to lawn. In the case | 22 |
| of all lawns
other than golf courses:
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| (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 | 27 |
| telephone number.
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| (2) At least the day before a scheduled application, an | 29 |
| applicator
for hire shall provide notification to a person | 30 |
| who has requested
notification pursuant to paragraph (1) of | 31 |
| this subsection (d), such
notification to be made in | 32 |
| writing, in person or by telephone, disclosing
the date and | 33 |
| approximate time of day of application.
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| (3) In the event that an applicator for hire is unable |
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LRB094 03211 RSP 44448 a |
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| to provide
prior notification to a neighbor whose property | 2 |
| abuts or is adjacent to the
property because of the absence | 3 |
| or inaccessibility of the individual, at
the time of | 4 |
| application to a customer's lawn, the applicator for hire | 5 |
| shall
leave a written notice at the residence of the person | 6 |
| requesting
notification, which shall provide the | 7 |
| information specified in paragraph
(2) of this subsection | 8 |
| (d).
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| (e) Prior notification of application to golf courses.
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| (1) Any landlord or resident with property that abuts | 11 |
| or is adjacent
to a golf course may receive prior | 12 |
| notification of an application of lawn
care products or | 13 |
| plant protectants, or both, by contacting the golf course
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| superintendent and providing his name, address and | 15 |
| telephone number.
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| (2) At least the day before a scheduled application of | 17 |
| lawn care
products or plant protectants, or both, the golf | 18 |
| course superintendent
shall provide notification to any | 19 |
| person who has requested notification
pursuant to | 20 |
| paragraph (1) of this subsection (e), such notification to | 21 |
| be
made in writing, in person or by telephone, disclosing | 22 |
| the date and
approximate time of day of application.
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| (3) In the event that the golf course superintendent is | 24 |
| unable to
provide prior notification to a landlord or | 25 |
| resident because of the absence
or inaccessibility, at the | 26 |
| time of application, of the landlord or
resident, the golf | 27 |
| course superintendent shall leave a written notice with
the | 28 |
| landlord or at the residence which shall provide the | 29 |
| information
specified in paragraph (2) of this subsection | 30 |
| (e).
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| (f) Notification for applications of pesticides to school | 32 |
| and day care center grounds other
than school or day care | 33 |
| center structures. School districts and day care centers must | 34 |
| maintain a registry of parents
and guardians of students or day |
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| care enrollees who have registered to receive written | 2 |
| notification
prior to the application of pesticides to school | 3 |
| or day care center grounds or provide written
notification to | 4 |
| all parents and guardians of students or day care enrollees
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| before such pesticide
application. Written notification may be | 6 |
| included in newsletters, bulletins,
calendars, or other | 7 |
| correspondence currently published by the school district or | 8 |
| day care center .
The written notification must be given at | 9 |
| least 2 business days before
application of the pesticide and | 10 |
| should identify the intended date of the
application of the | 11 |
| pesticide and the name and telephone contact number for the
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| school or day care center personnel responsible for the | 13 |
| pesticide application program. Prior
written notice shall not | 14 |
| be required if there is imminent threat to health or
property. | 15 |
| If such a situation arises, the appropriate school or day care | 16 |
| center personnel must
sign a statement describing the | 17 |
| circumstances that gave rise to the health
threat and ensure | 18 |
| that written notice is provided as soon as practicable.
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| (Source: P.A. 91-99, eff. 7-9-99; 92-16, eff. 6-28-01.)
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| (415 ILCS 65/3.5 new)
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| Sec. 3.5. Integrated Pest Management Guidelines. | 22 |
| (a) The Department shall prepare guidelines for an | 23 |
| integrated pest management program for the application of lawn | 24 |
| care products on school and day care center grounds. Such | 25 |
| guidelines shall be made available to schools, day care | 26 |
| centers, and the public upon request. | 27 |
| (b) When economically feasible, each school district and | 28 |
| day care center is required to adopt an integrated pest | 29 |
| management program that incorporates the guidelines developed | 30 |
| by the Department. If adopting an integrated pest management | 31 |
| program would not be economically feasible because it would | 32 |
| result in an increase in the school district or day care | 33 |
| center's pest control cost, the school district or day care |
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LRB094 03211 RSP 44448 a |
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| center must provide written notification to the Department. The | 2 |
| notification must include the projected pest control costs for | 3 |
| the term of the pest control program and the projected costs | 4 |
| for implementing an integrated pest management program for that | 5 |
| same time period. The Department shall make this notification | 6 |
| available to the general public upon request. In implementing | 7 |
| an integrated pest management program, a school district or day | 8 |
| care center employee should be designated to assume | 9 |
| responsibility for the oversight and recordkeeping | 10 |
| requirements of the pest management practices required under | 11 |
| this Section. | 12 |
| (c) The Department, with the assistance of the Cooperative | 13 |
| Extension Service and other relevant agencies, may prepare | 14 |
| training programs for school district and day care center lawn | 15 |
| care specialists. ".
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