Full Text of HB4030 97th General Assembly
HB4030ham003 97TH GENERAL ASSEMBLY | Rep. Karen May Filed: 3/1/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4030
| 2 | | AMENDMENT NO. ______. Amend House Bill 4030 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Lawn Care Products Application and Notice | 5 | | Act is amended by changing Section 3 as follows:
| 6 | | (415 ILCS 65/3) (from Ch. 5, par. 853)
| 7 | | Sec. 3. Notification requirements for application of lawn | 8 | | care products.
| 9 | | (a) Lawn Markers.
| 10 | | (1) Immediately following application of lawn care | 11 | | products to a lawn,
other than a golf course, an applicator | 12 | | for hire shall place a lawn marker
at the usual point or | 13 | | points of entry.
| 14 | | (2) The lawn marker shall consist of a 4 inch by 5 inch | 15 | | sign,
vertical or horizontal, attached to the upper portion | 16 | | of a dowel or other
supporting device with the bottom of |
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| 1 | | the marker extending no less than 12
inches above the turf.
| 2 | | (3) The lawn marker shall be white and lettering on the | 3 | | lawn marker
shall be in a contrasting color. The marker | 4 | | shall state on one side, in
letters of not less than 3/8 | 5 | | inch, the following:
"LAWN CARE APPLICATION - STAY OFF | 6 | | GRASS UNTIL DRY - FOR MORE INFORMATION
CONTACT: (here shall | 7 | | be inserted the name and business telephone number of
the | 8 | | applicator for hire)."
| 9 | | (4) The lawn marker shall be removed and discarded by | 10 | | the property
owner or resident, or such other person | 11 | | authorized by the property owner or
resident, on the day | 12 | | following the application. The lawn marker shall not be
| 13 | | removed by any person other than the property owner or | 14 | | resident or person
designated by such property owner or | 15 | | resident.
| 16 | | (5) For applications to residential properties of 2 | 17 | | families or
less, the applicator for hire shall be required | 18 | | to place
lawn markers at the usual point or points of | 19 | | entry.
| 20 | | (6) For applications to residential properties
of 2 | 21 | | families or more, or for application to other commercial | 22 | | properties,
the applicator for hire shall place lawn | 23 | | markers at the usual point or points
of entry to the | 24 | | property to provide notice that lawn care products have | 25 | | been
applied to the lawn.
| 26 | | (b) Notification requirement for application of plant |
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| 1 | | protectants on golf
courses.
| 2 | | (1) Blanket posting procedure. Each golf course shall | 3 | | post in a
conspicuous place or places an all-weather poster | 4 | | or placard stating to
users of or visitors to the golf | 5 | | course that from time to time plant
protectants are in use | 6 | | and additionally stating that if any questions or
concerns | 7 | | arise in relation thereto, the golf course superintendent | 8 | | or his
designee should be contacted to supply the | 9 | | information contained in
subsection (c) of this Section.
| 10 | | (2) The poster or placard shall be prominently | 11 | | displayed in the pro
shop, locker rooms and first tee at | 12 | | each golf course.
| 13 | | (3) The poster or placard shall be a minimum size of 8 | 14 | | 1/2 by 11 inches
and the lettering shall not be less than | 15 | | 1/2 inch.
| 16 | | (4) The poster or placard shall read: "PLANT | 17 | | PROTECTANTS ARE
PERIODICALLY APPLIED TO THIS GOLF COURSE. | 18 | | IF DESIRED, YOU MAY CONTACT YOUR
GOLF COURSE SUPERINTENDENT | 19 | | FOR FURTHER INFORMATION."
| 20 | | (c) Information to Customers of Applicators for Hire. At | 21 | | the time of
application of lawn care products to a lawn, an | 22 | | applicator for hire shall
provide the following information to | 23 | | the customer:
| 24 | | (1) The brand name, common name, and scientific name of | 25 | | each lawn care product applied;
| 26 | | (2) The type of fertilizer or pesticide contained in |
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| 1 | | the lawn care
product applied;
| 2 | | (3) The reason for use of each lawn care product | 3 | | applied;
| 4 | | (4) The range of concentration of end use product | 5 | | applied to the
lawn and amount of material applied;
| 6 | | (5) Any special instruction appearing on the label of | 7 | | the lawn care
product applicable to the customer's use of | 8 | | the lawn following application;
| 9 | | (6) The business name and telephone number of the | 10 | | applicator for hire
as well as the name of the person | 11 | | actually applying lawn care products to the
lawn; and | 12 | | (7) Upon the request of a customer or any person whose | 13 | | property abuts or is adjacent to the property of a customer | 14 | | of an applicator for hire, a copy of the material safety | 15 | | data sheet and approved pesticide registration label for | 16 | | each applied lawn care product.
| 17 | | (d) Prior notification of application to lawn. In the case | 18 | | of all lawns
other than golf courses:
| 19 | | (1) Any neighbor whose property abuts or is adjacent to | 20 | | the property
of a customer of an applicator for hire may | 21 | | receive prior notification of
an application by contacting | 22 | | the applicator for hire and providing his
name, address and | 23 | | telephone number.
| 24 | | (2) At least the day before a scheduled application, an | 25 | | applicator
for hire shall provide notification to a person | 26 | | who has requested
notification pursuant to paragraph (1) of |
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| 1 | | this subsection (d), such
notification to be made in | 2 | | writing, in person , or by telephone or any other electronic | 3 | | means , disclosing
the date and approximate time of day of | 4 | | application.
| 5 | | (3) In the event that an applicator for hire is unable | 6 | | to provide
prior notification to a neighbor whose property | 7 | | abuts or is adjacent to the
property because of the absence | 8 | | or inaccessibility of the individual, at
the time of | 9 | | application to a customer's lawn, the applicator for hire | 10 | | shall
leave a written notice at the residence of the person | 11 | | requesting
notification, which shall provide the | 12 | | information specified in paragraph
(2) of this subsection | 13 | | (d).
| 14 | | (e) Prior notification of application to golf courses.
| 15 | | (1) Any landlord or resident with property that abuts | 16 | | or is adjacent
to a golf course may receive prior | 17 | | notification of an application of lawn
care products or | 18 | | plant protectants, or both, by contacting the golf course
| 19 | | superintendent and providing his name, address and | 20 | | telephone number.
| 21 | | (2) At least the day before a scheduled application of | 22 | | lawn care
products or plant protectants, or both, the golf | 23 | | course superintendent
shall provide notification to any | 24 | | person who has requested notification
pursuant to | 25 | | paragraph (1) of this subsection (e), such notification to | 26 | | be
made in writing, in person , or by telephone or any other |
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| 1 | | electronic means , disclosing the date and
approximate time | 2 | | of day of application.
| 3 | | (3) In the event that the golf course superintendent is | 4 | | unable to
provide prior notification to a landlord or | 5 | | resident because of the absence
or inaccessibility, at the | 6 | | time of application, of the landlord or
resident, the golf | 7 | | course superintendent shall leave a written notice with
the | 8 | | landlord or at the residence which shall provide the | 9 | | information
specified in paragraph (2) of this subsection | 10 | | (e).
| 11 | | (f) Notification for applications of pesticides to day care | 12 | | center grounds other than day care center structures and school | 13 | | grounds other
than school structures. | 14 | | (1) The owner or operator of a day care center must | 15 | | either (i) maintain a registry of parents and guardians of | 16 | | children in his or her care who have registered to receive | 17 | | written notification before the application of pesticide | 18 | | to day care center grounds and notify persons on that | 19 | | registry before applying pesticides or having pesticide | 20 | | applied to day care center grounds or (ii) provide written | 21 | | or telephonic notice to all parents and guardians of | 22 | | children in his or her care before applying pesticide or | 23 | | having pesticide applied to day care center grounds. | 24 | | (2) School districts must either (i) maintain a | 25 | | registry of parents
and guardians of students who have | 26 | | registered to receive written or telephonic notification
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| 1 | | before the application of pesticide to school grounds and | 2 | | notify persons on that list before applying pesticide or | 3 | | having pesticide applied to school grounds or (ii) provide | 4 | | written or telephonic
notification to all parents and | 5 | | guardians of students before applying pesticide or having | 6 | | pesticide applied to school grounds. | 7 | | (3) Written notification required under item (1) or (2) | 8 | | of subsection (f) of this Section may be provided | 9 | | electronically or included in newsletters,
calendars, or | 10 | | other correspondence currently published by the school | 11 | | district, but posting on a bulletin board is not | 12 | | sufficient.
The written , electronic, or telephonic | 13 | | notification must be given at least 4 business days before
| 14 | | application of the pesticide and should identify the | 15 | | intended date of the
application of the pesticide and the | 16 | | name and telephone contact number for the
school personnel | 17 | | responsible for the pesticide application program or, in | 18 | | the case of a day care center, the owner or operator of the | 19 | | day care center. Prior
notice shall not be required if | 20 | | there is imminent threat to health or
property. If such a | 21 | | situation arises, the appropriate school personnel or, in | 22 | | the case of a day care center, the owner or operator of the | 23 | | day care center must
sign a statement describing the | 24 | | circumstances that gave rise to the health
threat and | 25 | | ensure that written or telephonic notice is provided as | 26 | | soon as practicable.
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| 1 | | (g) Notification of application on park property other than | 2 | | golf courses. | 3 | | (1) Each park district must: (i) maintain a registry of | 4 | | persons who are residents of the park district who have | 5 | | registered to receive written notification before a | 6 | | pesticide is applied to park district property other than a | 7 | | golf course and (ii) provide written notification to those | 8 | | persons on that registry before applying a pesticide on | 9 | | that property. | 10 | | (2) The written notification required under item (1) | 11 | | may be included in newsletters,
calendars, or other | 12 | | correspondence or provided electronically, but posting on | 13 | | a bulletin board is not sufficient.
The written | 14 | | notification must be given at least 4 business days before
| 15 | | application of the pesticide and should identify the | 16 | | intended date of the
application and the name and telephone | 17 | | contact number of the person who is responsible for the | 18 | | application program. Prior
notice shall not be required if | 19 | | there is imminent threat to health or
property. If such a | 20 | | situation arises, the person who is responsible for the | 21 | | application program must
sign a statement describing the | 22 | | circumstances that gave rise to the health
threat and | 23 | | ensure that written notice is provided to persons on the | 24 | | registry as soon as is practical. | 25 | | (h) Schools, park districts, and the owners and operators | 26 | | of day care centers are encouraged to publicize the |
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| 1 | | availability of the registries required under this Section. | 2 | | (i) Schools, park districts, and the owners and operators | 3 | | of a day care center may require, by written contract or | 4 | | agreement, an applicator for hire to provide any notice | 5 | | required under this Section. If a school, park district, or | 6 | | owner and operator of a day care center requires an applicator | 7 | | for hire to provide any notice required under this Section as | 8 | | evidenced by a written contract or agreement, the applicator | 9 | | for hire, and not the school, park district, or owner or | 10 | | operator of the day care center, shall be responsible for any | 11 | | failure to provide that notice. | 12 | | (Source: P.A. 96-424, eff. 8-13-09.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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