Rep. Karen May
Filed: 3/1/2012
 
 


 




09700HB4030ham003LRB097 15945 JDS 66292 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

 
 
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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 
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 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 
26of day care centers are encouraged to publicize the 
 
 
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1availability of the registries required under this Section. 
2 (i) Schools, park districts, and the owners and operators 
3of a day care center may require, by written contract or 
4agreement, an applicator for hire to provide any notice 
5required under this Section. If a school, park district, or 
6owner and operator of a day care center requires an applicator 
7for hire to provide any notice required under this Section as 
8evidenced by a written contract or agreement, the applicator 
9for hire, and not the school, park district, or owner or 
10operator of the day care center, shall be responsible for any 
11failure to provide that notice. 
12(Source: P.A. 96-424, eff. 8-13-09.)



13 Section 99. Effective date. This Act takes effect upon 
14becoming law.".