Bill Text: IL HB4030 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Lawn Care Products Application and Notice Act. Authorizes school districts and the owners and operators of day care centers to electronically notify parents and guardians when pesticides are applied on the grounds of day care centers and schools. Requires each park district: (i) to maintain a registry of persons who have registered to receive written notification before a fertilizer, pesticide, or plant protectant is applied to park district property other than a golf course and (ii) to provide written notification to persons on that registry before applying a fertilizer, pesticide, or plant protectant on that property.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-03-09 - Tabled By Sponsor Rep. Karen May [HB4030 Detail]

Download: Illinois-2011-HB4030-Amended.html

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Rep. Karen May

Filed: 3/1/2012

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AMENDMENT TO HOUSE BILL 4030
AMENDMENT NO. ______. Amend House Bill 4030 by replacing
everything after the enacting clause with the following:
"Section 5. The Lawn Care Products Application and Notice
Act is amended by changing Section 3 as follows:
(415 ILCS 65/3) (from Ch. 5, par. 853)
Sec. 3. Notification requirements for application of lawn
care products.
(a) Lawn Markers.
(1) Immediately following application of lawn care
products to a lawn, other than a golf course, an applicator
for hire shall place a lawn marker at the usual point or
points of entry.
(2) The lawn marker shall consist of a 4 inch by 5 inch
sign, vertical or horizontal, attached to the upper portion
of a dowel or other supporting device with the bottom of

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the marker extending no less than 12 inches above the turf.
(3) The lawn marker shall be white and lettering on the
lawn marker shall be in a contrasting color. The marker
shall state on one side, in letters of not less than 3/8
inch, the following: "LAWN CARE APPLICATION - STAY OFF
GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: (here shall
be inserted the name and business telephone number of the
applicator for hire)."
(4) The lawn marker shall be removed and discarded by
the property owner or resident, or such other person
authorized by the property owner or resident, on the day
following the application. The lawn marker shall not be
removed by any person other than the property owner or
resident or person designated by such property owner or
resident.
(5) For applications to residential properties of 2
families or less, the applicator for hire shall be required
to place lawn markers at the usual point or points of
entry.
(6) For applications to residential properties of 2
families or more, or for application to other commercial
properties, the applicator for hire shall place lawn
markers at the usual point or points of entry to the
property to provide notice that lawn care products have
been applied to the lawn.
(b) Notification requirement for application of plant

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protectants on golf courses.
(1) Blanket posting procedure. Each golf course shall
post in a conspicuous place or places an all-weather poster
or placard stating to users of or visitors to the golf
course that from time to time plant protectants are in use
and additionally stating that if any questions or concerns
arise in relation thereto, the golf course superintendent
or his designee should be contacted to supply the
information contained in subsection (c) of this Section.
(2) The poster or placard shall be prominently
displayed in the pro shop, locker rooms and first tee at
each golf course.
(3) The poster or placard shall be a minimum size of 8
1/2 by 11 inches and the lettering shall not be less than
1/2 inch.
(4) The poster or placard shall read: "PLANT
PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE.
IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE SUPERINTENDENT
FOR FURTHER INFORMATION."
(c) Information to Customers of Applicators for Hire. At
the time of application of lawn care products to a lawn, an
applicator for hire shall provide the following information to
the customer:
(1) The brand name, common name, and scientific name of
each lawn care product applied;
(2) The type of fertilizer or pesticide contained in

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the lawn care product applied;
(3) The reason for use of each lawn care product
applied;
(4) The range of concentration of end use product
applied to the lawn and amount of material applied;
(5) Any special instruction appearing on the label of
the lawn care product applicable to the customer's use of
the lawn following application;
(6) The business name and telephone number of the
applicator for hire as well as the name of the person
actually applying lawn care products to the lawn; and
(7) Upon the request of a customer or any person whose
property abuts or is adjacent to the property of a customer
of an applicator for hire, a copy of the material safety
data sheet and approved pesticide registration label for
each applied lawn care product.
(d) Prior notification of application to lawn. In the case
of all lawns other than golf courses:
(1) Any neighbor whose property abuts or is adjacent to
the property of a customer of an applicator for hire may
receive prior notification of an application by contacting
the applicator for hire and providing his name, address and
telephone number.
(2) At least the day before a scheduled application, an
applicator for hire shall provide notification to a person
who has requested notification pursuant to paragraph (1) of

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this subsection (d), such notification to be made in
writing, in person, or by telephone or any other electronic
means, disclosing the date and approximate time of day of
application.
(3) In the event that an applicator for hire is unable
to provide prior notification to a neighbor whose property
abuts or is adjacent to the property because of the absence
or inaccessibility of the individual, at the time of
application to a customer's lawn, the applicator for hire
shall leave a written notice at the residence of the person
requesting notification, which shall provide the
information specified in paragraph (2) of this subsection
(d).
(e) Prior notification of application to golf courses.
(1) Any landlord or resident with property that abuts
or is adjacent to a golf course may receive prior
notification of an application of lawn care products or
plant protectants, or both, by contacting the golf course
superintendent and providing his name, address and
telephone number.
(2) At least the day before a scheduled application of
lawn care products or plant protectants, or both, the golf
course superintendent shall provide notification to any
person who has requested notification pursuant to
paragraph (1) of this subsection (e), such notification to
be made in writing, in person, or by telephone or any other

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electronic means, disclosing the date and approximate time
of day of application.
(3) In the event that the golf course superintendent is
unable to provide prior notification to a landlord or
resident because of the absence or inaccessibility, at the
time of application, of the landlord or resident, the golf
course superintendent shall leave a written notice with the
landlord or at the residence which shall provide the
information specified in paragraph (2) of this subsection
(e).
(f) Notification for applications of pesticides to day care
center grounds other than day care center structures and school
grounds other than school structures.
(1) The owner or operator of a day care center must
either (i) maintain a registry of parents and guardians of
children in his or her care who have registered to receive
written notification before the application of pesticide
to day care center grounds and notify persons on that
registry before applying pesticides or having pesticide
applied to day care center grounds or (ii) provide written
or telephonic notice to all parents and guardians of
children in his or her care before applying pesticide or
having pesticide applied to day care center grounds.
(2) School districts must either (i) maintain a
registry of parents and guardians of students who have
registered to receive written or telephonic notification

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before the application of pesticide to school grounds and
notify persons on that list before applying pesticide or
having pesticide applied to school grounds or (ii) provide
written or telephonic notification to all parents and
guardians of students before applying pesticide or having
pesticide applied to school grounds.
(3) Written notification required under item (1) or (2)
of subsection (f) of this Section may be provided
electronically or included in newsletters, calendars, or
other correspondence currently published by the school
district, but posting on a bulletin board is not
sufficient. The written, electronic, or telephonic
notification must be given at least 4 business days before
application of the pesticide and should identify the
intended date of the application of the pesticide and the
name and telephone contact number for the school personnel
responsible for the pesticide application program or, in
the case of a day care center, the owner or operator of the
day care center. Prior notice shall not be required if
there is imminent threat to health or property. If such a
situation arises, the appropriate school personnel or, in
the case of a day care center, the owner or operator of the
day care center must sign a statement describing the
circumstances that gave rise to the health threat and
ensure that written or telephonic notice is provided as
soon as practicable.

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(g) Notification of application on park property other than
golf courses.
(1) Each park district must: (i) maintain a registry of
persons who are residents of the park district who have
registered to receive written notification before a
pesticide is applied to park district property other than a
golf course and (ii) provide written notification to those
persons on that registry before applying a pesticide on
that property.
(2) The written notification required under item (1)
may be included in newsletters, calendars, or other
correspondence or provided electronically, but posting on
a bulletin board is not sufficient. The written
notification must be given at least 4 business days before
application of the pesticide and should identify the
intended date of the application and the name and telephone
contact number of the person who is responsible for the
application program. Prior notice shall not be required if
there is imminent threat to health or property. If such a
situation arises, the person who is responsible for the
application program must sign a statement describing the
circumstances that gave rise to the health threat and
ensure that written notice is provided to persons on the
registry as soon as is practical.
(h) Schools, park districts, and the owners and operators
of day care centers are encouraged to publicize the

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availability of the registries required under this Section.
(i) Schools, park districts, and the owners and operators
of a day care center may require, by written contract or
agreement, an applicator for hire to provide any notice
required under this Section. If a school, park district, or
owner and operator of a day care center requires an applicator
for hire to provide any notice required under this Section as
evidenced by a written contract or agreement, the applicator
for hire, and not the school, park district, or owner or
operator of the day care center, shall be responsible for any
failure to provide that notice.
(Source: P.A. 96-424, eff. 8-13-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.".