Rep. Karen May
Filed: 2/17/2012
 
 

 

 

 
09700HB4030ham002LRB097 15945 JDS 66170 a



1
AMENDMENT TO HOUSE BILL 4030




2    AMENDMENT NO. ______. Amend House Bill 4030 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Lawn Care Products Application and Notice 
5Act 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 
8care 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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1protectants 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 
21the time of
application of lawn care products to a lawn, an 
22applicator for hire shall
provide the following information to 
23the 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 
18of 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 
12center grounds other than day care center structures and school 
13grounds 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

 
 
09700HB4030ham002- 7 -LRB097 15945 JDS 66170 a

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.

 
 
09700HB4030ham002- 8 -LRB097 15945 JDS 66170 a

1    (g) Notification of application on park property other than 
2golf 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    fertilizer, pesticide, or   plant protectant is applied to 
7    park district property other than a golf course  and (ii) 
8    provide written notification to those persons on that 
9    registry before applying a fertilizer, pesticide, or plant 
10    protectant  on that property.
11        (2) The written notification required under item (1) 
12    may be included in newsletters,
calendars, or other 
13    correspondence or provided electronically, but posting on 
14    a bulletin board is not sufficient.
The written 
15    notification must be given at least 4 business days before

16    application of the fertilizer, pesticide, or plant 
17    protectant and should identify the intended date of the

18    application and the name and telephone contact number of 
19    the person who is responsible for the  application program.  
20    Prior
 notice shall not be required if there is imminent 
21    threat to health or
property.  If such a situation arises, 
22    the   person who is responsible for the application   program 
23    must
sign a statement describing the circumstances that 
24    gave rise to the health
threat and ensure that written  
25    notice is provided to persons on the registry as soon as is 
26    practical.
 
 
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1    (h) Schools, park districts, and the owners and operators 
2of day care centers are encouraged to publicize the 
3availability of the registries required under this Section. 
4(Source: P.A. 96-424, eff. 8-13-09.)".