Full Text of HB5891 97th General Assembly
HB5891 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5891 Introduced 2/16/2012, by Rep. Mike Bost SYNOPSIS AS INTRODUCED: |
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415 ILCS 65/3 | from Ch. 5, par. 853 |
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Amends the Lawn Care Products Application and Notice Act. Requires the Department of Agriculture, subject to appropriation, to compile an annual registry of individuals requesting advance notice of the application of fertilizers, pesticides, or plant protectants. Authorizes an individual to seek advance notice of the application of these products to any parcels of land located on the block where that individual resides or on any blocks immediately adjacent to that block. Requires the Department, upon request, to provide a free copy of the registry to applicators for hire. Requires applicators for hire to give advance notice 12 hours before applying a fertilizer, pesticide, or plant protectant to a parcel on the list. Sets forth requirements for the notice.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | the marker extending no less than 12
inches above the turf.
| 18 | | (3) The lawn marker shall be white and lettering on the | 19 | | lawn marker
shall be in a contrasting color. The marker | 20 | | shall state on one side, in
letters of not less than 3/8 | 21 | | inch, the following:
"LAWN CARE APPLICATION - STAY OFF | 22 | | GRASS UNTIL DRY - FOR MORE INFORMATION
CONTACT: (here shall | 23 | | be inserted the name and business telephone number of
the |
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| 1 | | applicator for hire)."
| 2 | | (4) The lawn marker shall be removed and discarded by | 3 | | the property
owner or resident, or such other person | 4 | | authorized by the property owner or
resident, on the day | 5 | | following the application. The lawn marker shall not be
| 6 | | removed by any person other than the property owner or | 7 | | resident or person
designated by such property owner or | 8 | | resident.
| 9 | | (5) For applications to residential properties of 2 | 10 | | families or
less, the applicator for hire shall be required | 11 | | to place
lawn markers at the usual point or points of | 12 | | entry.
| 13 | | (6) For applications to residential properties
of 2 | 14 | | families or more, or for application to other commercial | 15 | | properties,
the applicator for hire shall place lawn | 16 | | markers at the usual point or points
of entry to the | 17 | | property to provide notice that lawn care products have | 18 | | been
applied to the lawn.
| 19 | | (b) Notification requirement for application of plant | 20 | | protectants on golf
courses.
| 21 | | (1) Blanket posting procedure. Each golf course shall | 22 | | post in a
conspicuous place or places an all-weather poster | 23 | | or placard stating to
users of or visitors to the golf | 24 | | course that from time to time plant
protectants are in use | 25 | | and additionally stating that if any questions or
concerns | 26 | | arise in relation thereto, the golf course superintendent |
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| 1 | | or his
designee should be contacted to supply the | 2 | | information contained in
subsection (c) of this Section.
| 3 | | (2) The poster or placard shall be prominently | 4 | | displayed in the pro
shop, locker rooms and first tee at | 5 | | each golf course.
| 6 | | (3) The poster or placard shall be a minimum size of 8 | 7 | | 1/2 by 11 inches
and the lettering shall not be less than | 8 | | 1/2 inch.
| 9 | | (4) The poster or placard shall read: "PLANT | 10 | | PROTECTANTS ARE
PERIODICALLY APPLIED TO THIS GOLF COURSE. | 11 | | IF DESIRED, YOU MAY CONTACT YOUR
GOLF COURSE SUPERINTENDENT | 12 | | FOR FURTHER INFORMATION."
| 13 | | (c) Information to Customers of Applicators for Hire. At | 14 | | the time of
application of lawn care products to a lawn, an | 15 | | applicator for hire shall
provide the following information to | 16 | | the customer:
| 17 | | (1) The brand name, common name, and scientific name of | 18 | | each lawn care product applied;
| 19 | | (2) The type of fertilizer or pesticide contained in | 20 | | the lawn care
product applied;
| 21 | | (3) The reason for use of each lawn care product | 22 | | applied;
| 23 | | (4) The range of concentration of end use product | 24 | | applied to the
lawn and amount of material applied;
| 25 | | (5) Any special instruction appearing on the label of | 26 | | the lawn care
product applicable to the customer's use of |
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| 1 | | the lawn following application;
| 2 | | (6) The business name and telephone number of the | 3 | | applicator for hire
as well as the name of the person | 4 | | actually applying lawn care products to the
lawn; and | 5 | | (7) Upon the request of a customer or any person whose | 6 | | property abuts or is adjacent to the property of a customer | 7 | | of an applicator for hire, a copy of the material safety | 8 | | data sheet and approved pesticide registration label for | 9 | | each applied lawn care product.
| 10 | | (d) Prior notification of application to lawn. In the case | 11 | | of all lawns
other than golf courses:
| 12 | | (1) Any neighbor whose property abuts or is adjacent to | 13 | | the property
of a customer of an applicator for hire may | 14 | | receive prior notification of
an application by contacting | 15 | | the applicator for hire and providing his
name, address and | 16 | | telephone number.
| 17 | | (2) At least the day before a scheduled application, an | 18 | | applicator
for hire shall provide notification to a person | 19 | | who has requested
notification pursuant to paragraph (1) of | 20 | | this subsection (d), such
notification to be made in | 21 | | writing, in person or by telephone, disclosing
the date and | 22 | | approximate time of day of application.
| 23 | | (3) In the event that an applicator for hire is unable | 24 | | to provide
prior notification to a neighbor whose property | 25 | | abuts or is adjacent to the
property because of the absence | 26 | | or inaccessibility of the individual, at
the time of |
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| 1 | | application to a customer's lawn, the applicator for hire | 2 | | shall
leave a written notice at the residence of the person | 3 | | requesting
notification, which shall provide the | 4 | | information specified in paragraph
(2) of this subsection | 5 | | (d).
| 6 | | (d-5) Registry of individuals requesting advance notice of | 7 | | landscape applications. | 8 | | (1) Subject to appropriation, the Department shall | 9 | | compile an annual registry of individuals requesting | 10 | | advance notice of the application of fertilizers, | 11 | | pesticides, or plant protectants to parcels of land | 12 | | identified in the registry. An annual registry takes effect | 13 | | on February 1 of each year and expires on January 31 of the | 14 | | following year. | 15 | | (2) An individual who registers under paragraph (3) may | 16 | | request advance notice of landscape applications of | 17 | | fertilizers, pesticides, or plant protectants (other than | 18 | | applications for which the individual has contracted) to | 19 | | any parcels located on the block where that individual | 20 | | resides or on any blocks or parcels immediately adjacent to | 21 | | that block. | 22 | | (3) An individual shall register with the Department by | 23 | | January 1 of each year to be included in the registry that | 24 | | takes effect on February 1 of that year. An individual | 25 | | shall register on a form provided by the Department. The | 26 | | registration form shall include all of the following |
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| 1 | | information, which shall also be included in the registry | 2 | | under paragraph (1) of this subsection (d-5): | 3 | | (A) The individual's complete name, street | 4 | | address, and mailing address if different from the | 5 | | street address. | 6 | | (B) A telephone number where the individual may be | 7 | | contacted. | 8 | | (C) The street address of each parcel for which the | 9 | | individual is requesting, in accordance with paragraph | 10 | | (2) of this subsection, advance notice of the | 11 | | application of fertilizers, pesticides, or plant | 12 | | protectants. | 13 | | (D) Any other information that the Department | 14 | | deems necessary to administer the registry. | 15 | | (3) The Department shall provide a free copy of the | 16 | | annual registry to each applicator for hire that requests | 17 | | one. | 18 | | (4) Before making any application of fertilizer, | 19 | | pesticide, or plant protectant, an applicator for hire | 20 | | shall give 12 hours advance notice to every individual who | 21 | | is currently registered to receive notice of the | 22 | | application of fertilizers, pesticides, or plant | 23 | | protectants to that parcel. | 24 | | (5) An applicator for hire may give the advance notice | 25 | | required under paragraph (4) by telephone, or may mail or | 26 | | deliver notice to the requester's address as listed in the |
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| 1 | | registry. Notice, if given by mail, shall be postmarked at | 2 | | least 2 business days before the applicator for hire | 3 | | applies the fertilizer, pesticide, or plant protectant. A | 4 | | notice shall include all of the following: | 5 | | (A) The complete name, business address, and | 6 | | telephone number of the person making the application. | 7 | | (B) The address of the parcel to be treated. | 8 | | (C) The scheduled date of application. | 9 | | (D) The brand name, product name, or common | 10 | | chemical name of each fertilizer, pesticide, or plant | 11 | | protectant that may be applied. | 12 | | (6) If an application date is changed after the | 13 | | applicator for hire gives the notice required under | 14 | | paragraph (5) of this subsection (d-5), the applicator for | 15 | | hire shall give revised notice to each individual | 16 | | previously notified. The revised notice shall comply with | 17 | | paragraph (5) of this subsection (d-5). | 18 | | (e) Prior notification of application to golf courses.
| 19 | | (1) Any landlord or resident with property that abuts | 20 | | or is adjacent
to a golf course may receive prior | 21 | | notification of an application of lawn
care products or | 22 | | plant protectants, or both, by contacting the golf course
| 23 | | superintendent and providing his name, address and | 24 | | telephone number.
| 25 | | (2) At least the day before a scheduled application of | 26 | | lawn care
products or plant protectants, or both, the golf |
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| 1 | | course superintendent
shall provide notification to any | 2 | | person who has requested notification
pursuant to | 3 | | paragraph (1) of this subsection (e), such notification to | 4 | | be
made in writing, in person or by telephone, disclosing | 5 | | the date and
approximate time of day of application.
| 6 | | (3) In the event that the golf course superintendent is | 7 | | unable to
provide prior notification to a landlord or | 8 | | resident because of the absence
or inaccessibility, at the | 9 | | time of application, of the landlord or
resident, the golf | 10 | | course superintendent shall leave a written notice with
the | 11 | | landlord or at the residence which shall provide the | 12 | | information
specified in paragraph (2) of this subsection | 13 | | (e).
| 14 | | (f) Notification for applications of pesticides to day care | 15 | | center grounds other than day care center structures and school | 16 | | grounds other
than school structures. | 17 | | (1) The owner or operator of a day care center must | 18 | | either (i) maintain a registry of parents and guardians of | 19 | | children in his or her care who have registered to receive | 20 | | written notification before the application of pesticide | 21 | | to day care center grounds and notify persons on that | 22 | | registry before applying pesticides or having pesticide | 23 | | applied to day care center grounds or (ii) provide written | 24 | | or telephonic notice to all parents and guardians of | 25 | | children in his or her care before applying pesticide or | 26 | | having pesticide applied to day care center grounds. |
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| 1 | | (2) School districts must either (i) maintain a | 2 | | registry of parents
and guardians of students who have | 3 | | registered to receive written or telephonic notification
| 4 | | before the application of pesticide to school grounds and | 5 | | notify persons on that list before applying pesticide or | 6 | | having pesticide applied to school grounds or (ii) provide | 7 | | written or telephonic
notification to all parents and | 8 | | guardians of students before applying pesticide or having | 9 | | pesticide applied to school grounds. | 10 | | (3) Written notification required under item (1) or (2) | 11 | | of subsection (f) of this Section may be included in | 12 | | newsletters,
calendars, or other correspondence currently | 13 | | published by the school district, but posting on a bulletin | 14 | | board is not sufficient.
The written or telephonic | 15 | | notification must be given at least 4 business days before
| 16 | | application of the pesticide and should identify the | 17 | | intended date of the
application of the pesticide and the | 18 | | name and telephone contact number for the
school personnel | 19 | | responsible for the pesticide application program or, in | 20 | | the case of a day care center, the owner or operator of the | 21 | | day care center. Prior
notice shall not be required if | 22 | | there is imminent threat to health or
property. If such a | 23 | | situation arises, the appropriate school personnel or, in | 24 | | the case of a day care center, the owner or operator of the | 25 | | day care center must
sign a statement describing the | 26 | | circumstances that gave rise to the health
threat and |
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| 1 | | ensure that written or telephonic notice is provided as | 2 | | soon as practicable.
| 3 | | (Source: P.A. 96-424, eff. 8-13-09.)
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