Full Text of HB6099 96th General Assembly
HB6099ham001 96TH GENERAL ASSEMBLY
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Agriculture & Conservation Committee
Filed: 3/9/2010
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LRB096 20722 JDS 37751 a |
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| AMENDMENT TO HOUSE BILL 6099
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| AMENDMENT NO. ______. Amend House Bill 6099 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Lawn Care Products Application and Notice | 5 |
| Act is amended by changing Sections 2 and 7 and adding Sections | 6 |
| 5a, 5b, and 9 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 | 11 |
| a lawn.
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| "Applicator for hire" means any person who makes an | 13 |
| application of lawn
care products to a lawn or lawns for | 14 |
| compensation, including applications made
by an employee to | 15 |
| lawns owned, occupied or managed by his employer and
includes | 16 |
| those licensed by the Department as licensed commercial
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| applicators, commercial not-for-hire applicators, licensed | 2 |
| public
applicators, certified applicators and licensed | 3 |
| operators and those
otherwise subject to the licensure | 4 |
| provisions of the Illinois Pesticide
Act, as now or hereafter | 5 |
| amended.
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| "Buffer" means an area adjacent to a body of water that is | 7 |
| left untreated with any fertilizer. | 8 |
| "Day care center" means any facility that qualifies as a | 9 |
| "day care center" under the Child Care Act of 1969. | 10 |
| "Department" means the Illinois Department of Agriculture.
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| "Department of Public Health" means the Illinois | 12 |
| Department of Public Health. | 13 |
| "Facility" means a building or structure and appurtenances | 14 |
| thereto used
by an applicator for hire for storage and handling | 15 |
| of pesticides or the
storage or maintenance of pesticide | 16 |
| application equipment or vehicles.
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| "Fertilizer" means any substance containing nitrogen, | 18 |
| phosphorus or
potassium or other recognized plant nutrient or | 19 |
| compound, which is used for
its plant nutrient content.
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| "Golf course" means an area designated for the play or | 21 |
| practice of the
game of golf, including surrounding grounds, | 22 |
| trees, ornamental beds and the like.
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| "Golf course superintendent" means any person entrusted | 24 |
| with and employed
for the care and maintenance of a golf | 25 |
| course.
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| "Impervious surface" means any structure, surface, or |
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| improvement that reduces or prevents absorption of stormwater | 2 |
| into land, and includes porous paving, paver blocks, gravel, | 3 |
| crushed stone, decks, patios, elevated structures, and other | 4 |
| similar structures, surfaces, or improvements. | 5 |
| "Lawn" means land area covered with turf kept closely mown | 6 |
| or land area
covered with turf and trees or shrubs. The term | 7 |
| does not include (1) land
area used for research for | 8 |
| agricultural production or for the commercial
production of | 9 |
| 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 | 11 |
| production of any
agricultural commodity, including, but not | 12 |
| limited to plants and plant
parts, livestock and poultry and | 13 |
| livestock or poultry products,
seeds, sod, shrubs and other | 14 |
| products of agricultural origin raised for
sale or for human or | 15 |
| livestock consumption.
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| "Lawn care products" means fertilizers or pesticides | 17 |
| applied or
intended for application to lawns.
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| "Person" means any individual, partnership, association, | 19 |
| corporation or
State governmental agency, school district, | 20 |
| unit of local government and
any agency thereof.
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| "Pesticide" means any substance or mixture of substances | 22 |
| defined as a
pesticide under the Illinois Pesticide Act, as now | 23 |
| or hereafter amended.
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| "Plant protectants" means any substance or material used to | 25 |
| protect
plants from infestation of insects, fungi, weeds and | 26 |
| rodents, or any other
substance that would benefit the overall |
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| health of plants.
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| "Soil test" means a chemical and mechanical analysis of | 3 |
| soil nutrient values and pH level as it relates to the soil and | 4 |
| development of a lawn. | 5 |
| "Spreader" means any commercially available fertilizing | 6 |
| device used to evenly distribute fertilizer material. | 7 |
| "Turf" means the upper stratum of soils bound by grass and | 8 |
| plant roots into a thick mat.
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| "0% phosphate fertilizer" means a fertilizer that contains | 10 |
| no more than 0.67% available phosphoric acid (P 2 O 5 ). | 11 |
| (Source: P.A. 96-424, eff. 8-13-09.)
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| (415 ILCS 65/5a new) | 13 |
| Sec. 5a. Fertilizer; application restrictions. | 14 |
| (a) No applicator for hire shall: | 15 |
| (1) Apply phosphorus-containing fertilizer to a lawn, | 16 |
| except as demonstrated to be necessary by a soil test that | 17 |
| establishes that the soil is lacking in phosphorous when | 18 |
| compared against the standard established by the | 19 |
| University of Illinois. The soil test required under this | 20 |
| paragraph (1) shall be conducted no more than 36 months | 21 |
| before the intended application of the fertilizer and by a | 22 |
| soil testing laboratory that has been identified by the | 23 |
| University of Illinois, or approved by the Department, as | 24 |
| an acceptable laboratory for soil testing. However, a soil | 25 |
| test shall not be required under this paragraph (1) if the |
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| fertilizer to be applied is a 0% phosphate fertilizer or | 2 |
| the fertilizer is being applied to establish a lawn in the | 3 |
| first growing season. | 4 |
| (2) Apply fertilizer to an impervious surface, except | 5 |
| where the application is inadvertent and fertilizer is | 6 |
| swept or blown back into the target area or returned to | 7 |
| either its original or another appropriate container for | 8 |
| reuse. | 9 |
| (3) Apply fertilizer using a spray, drop, or rotary | 10 |
| spreader with a deflector within a 3 foot buffer of any | 11 |
| water body, except that when this equipment is not used, | 12 |
| fertilizer may not be applied within a 15 foot buffer of | 13 |
| any water body. | 14 |
| (4) Apply fertilizer at any time when the lawn is | 15 |
| frozen or saturated. For the purposes of this paragraph | 16 |
| (4), a lawn is frozen when its root system is frozen | 17 |
| (typically 3 or 4 inches down), and a lawn is saturated | 18 |
| when it bears ample evidence of being or having been | 19 |
| inundated by standing water. | 20 |
| (b) This Section does not apply to the application of | 21 |
| fertilizer on property used in the operation of a commercial | 22 |
| farm, lands classified as agricultural lands, or golf courses. | 23 |
| (415 ILCS 65/5b new) | 24 |
| Sec. 5b. Company locations that employ applicators for | 25 |
| hire; registration. |
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| (a) Each company location that employs an applicator for | 2 |
| hire to apply fertilizer to lawns must be registered with the | 3 |
| Department on forms provided by the Director of Agriculture, | 4 |
| and must pay a $100 annual registration fee. The late | 5 |
| application fee shall be $20 in addition to the normal fee. | 6 |
| Each company location that employs an applicator for hire to | 7 |
| apply fertilizer to lawns shall be assessed a $5 fee for a | 8 |
| duplicate registration.
Each registration shall expire on | 9 |
| December 31 of each year. | 10 |
| (b) The Director may prescribe, by rule, requirements for | 11 |
| the registration of each company location that employs | 12 |
| applicators for hire to apply fertilizer to lawns.
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| (415 ILCS 65/7) (from Ch. 5, par. 857)
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| Sec. 7.
When an administrative hearing is held by the | 15 |
| Department, the
hearing officer, upon determination of any | 16 |
| violation of this Act or rule or
regulation, shall either refer | 17 |
| the violation to the States Attorney's
office in the county | 18 |
| where the alleged violation occurred for prosecution
or levy | 19 |
| the following administrative monetary penalties:
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| (a) a penalty of $250 $100 for a first violation;
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| (b) a penalty of $500 $200 for a second violation; and
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| (c) a penalty of $1,000 $500 for a third or subsequent | 23 |
| violation.
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| The penalty levied shall be collected by the Department, | 25 |
| and all
penalties collected by the Department under this Act |
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| shall be deposited
into the Pesticide Control Fund. Any penalty | 2 |
| not paid within 60 days of
notice from the Department shall be | 3 |
| submitted to the Attorney General's
office for collection.
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| Upon prosecution by a State's Attorney, a violation of this | 5 |
| Act or rules shall be a petty offense subject to a
fine of $250 | 6 |
| $100 for a first offense, a fine of $500 $200 for a second | 7 |
| offense and a
fine of $1,000 $500 for a third or subsequent | 8 |
| offense.
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| (Source: P.A. 86-358; 87-1033.)
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| (415 ILCS 65/9 new) | 11 |
| Sec. 9. Home rule. | 12 |
| (a) The regulation of the application of fertilizer to a | 13 |
| lawn by an applicator for hire and the regulation of the sale | 14 |
| of fertilizer are exclusive powers and functions of the State. | 15 |
| A unit of local government, including a home rule unit, may not | 16 |
| regulate the application of fertilizer to a lawn by an | 17 |
| applicator for hire or the sale of fertilizer. This Section is | 18 |
| a denial and limitation of home rule powers and functions under | 19 |
| subsection (h) of Section 6 of Article VII of the Illinois | 20 |
| Constitution. | 21 |
| (b) Nothing in this amendatory Act of the 96th General | 22 |
| Assembly, however, shall be construed to preempt any otherwise | 23 |
| valid law or ordinance enacted on or before the effective date | 24 |
| of this amendatory Act of the 96th General Assembly by a unit | 25 |
| of local government, including a home rule unit, regulating the |
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| sale of fertilizer. | 2 |
| (415 ILCS 65/8 rep.) | 3 |
| Section 10. The Lawn Care Products Application and Notice | 4 |
| Act is amended by repealing Section 8.
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| Section 99. Effective date. This Act takes effect July 1, | 6 |
| 2010.".
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