Public Act 096-0424
 		





SB1769 Enrolled
LRB096 11132 JDS 21497 b






    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:




 
    Section 5. The School Code is amended  by adding Sections 
10-20.46 and 34-18.37 as follows:
 
    (105 ILCS 5/10-20.46 new)

    Sec. 10-20.46. Compliance with Chemical Safety Acts. Each 
school district must adopt a procedure to comply with the 
requirements of the Lawn Care Products Application and Notice 
Act and the Structural Pest Control Act. The school district 
must designate a staff person who is responsible for compliance 
with the requirements of these Acts.
 
    (105 ILCS 5/34-18.37 new)

    Sec. 34-18.37. Compliance with Chemical Safety Acts. The 
Board of Education must adopt a procedure to comply with the 
requirements of the Lawn Care Products Application and Notice 
Act and the Structural Pest Control Act. The superintendent 
must designate a staff person who is responsible for compliance 
with the requirements of these Acts. 




 
    Section 12. The Child Care Act of 1969 is amended  by 
changing Section 5.6 as follows:
 



    (225 ILCS 10/5.6)


    Sec. 5.6. Pesticide and lawn care product application at 
day care centers. 

    (a) Licensed day care centers shall abide by the 
requirements of Sections
10.2
and
10.3 of the Structural Pest 
Control Act.

    (b) Notification required pursuant to Section 10.3 of the 
Structural Pest
Control
Act may not be given more than 30 days 
before the application of the pesticide.

    (c) Each licensed day care center, subject to the 
requirements of Section
10.3 of the Structural Pest Control 
Act, must ensure that pesticides will
not
be
applied when 
children are present at the center. Toys and other items 
mouthed
or
handled by the children must be removed from the 
area before pesticides are
applied.
Children must not return to 
the treated area within 2 hours after a pesticide
application 
or
as specified on the pesticide label, whichever time is 
greater.
    (d) The owners and operators of licensed day care centers 
must ensure that lawn care products will not be applied to day 
care center grounds when children are present at the center or 
on its grounds. For the purpose of this Section, "lawn care 
product" has the same meaning as that term is defined in the 
Lawn Care Products Application and Notice Act. 

(Source: P.A. 93-381, eff. 7-1-04.)

 
    Section 15. The Lawn Care Products Application and Notice 
Act is amended  by changing Sections 2,  3, and 6 as follows:
 



    (415 ILCS 65/2)  (from Ch. 5, par. 852)



    Sec. 2. Definitions. 

    For purposes of this Act:

    "Application" means the spreading of lawn care products
 on 
a lawn.

    "Applicator for hire" means any person who makes an 
application of lawn
care products to a lawn or lawns for 
compensation, including applications made
by an employee to 
lawns owned, occupied or managed by his employer and
includes 
those licensed by the Department as licensed commercial

applicators, commercial not-for-hire applicators, licensed 
public
applicators, certified applicators and licensed 
operators and those
otherwise subject to the licensure 
provisions of the Illinois Pesticide
Act, as now or hereafter 
amended.

    "Day care center" means any facility that qualifies as a 
"day care center" under the Child Care Act of 1969. 
    "Department" means the Illinois Department of Agriculture.

    "Department of Public Health" means the Illinois 
Department of Public Health. 
    "Facility" means a building or structure and appurtenances 
thereto used
by an applicator for hire for storage and handling 
of pesticides or the
storage or maintenance of pesticide 
application equipment or vehicles.

    "Fertilizer" means any substance containing nitrogen, 
phosphorus or
potassium or other recognized plant nutrient or 
compound, which is used for
its plant nutrient content.

    "Golf course" means an area designated for the play or 
practice of the
game of golf, including surrounding grounds, 
trees, ornamental beds and the like.

    "Golf course superintendent" means any person entrusted 
with and employed
for the care and maintenance of a golf 
course.

    "Lawn" means land area covered with turf kept closely mown 
or land area
covered  with turf and trees or shrubs.  The term 
does not include (1) land
area used for research for 
agricultural production or for the commercial
production of 
turf, (2) land area situated within a public or private

right-of-way, or (3) land area which is devoted to the 
production of any
agricultural commodity, including, but not 
limited to plants and plant
parts, livestock and poultry and 
livestock or poultry products,
seeds, sod, shrubs and other 
products of agricultural origin raised for
sale or for human or 
livestock consumption.

    "Lawn care products" means fertilizers or pesticides 
applied or
intended for application to lawns.

    "Person" means any individual, partnership, association, 
corporation or
State governmental agency, school district, 
unit of local government and
any agency thereof.

    "Pesticide" means any substance or mixture of substances 
defined as a
pesticide under the Illinois Pesticide Act, as now 
or hereafter amended.

    "Plant protectants" means any substance or material used to 
protect
plants from infestation of insects, fungi, weeds and 
rodents, or any other
substance that would benefit the overall 
health of plants.

    "Turf" means the upper stratum of soils bound by grass and 
plant roots into a thick mat.

(Source: P.A. 86-358.)

 



    (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 
    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 
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, or common name, and scientific name 
    of each lawn care product applied;


        (2)  The type of fertilizer or pesticide contained in 
    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;
and


        (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 
    this subsection (d), such
notification to be made in 
    writing, in person or by telephone, 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, 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

    before prior to the application of pesticide pesticides 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 
    such pesticide
application.   
        (3) Written notification required under item (1) or (2) 
    of subsection (f) of this Section may be included in 
    newsletters, bulletins,
calendars, or other correspondence 
    currently published by the school district, but posting on 
    a bulletin board is not sufficient.
The written or 
    telephonic notification must be given at least 4 2 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
written 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.

(Source: P.A. 91-99, eff. 7-9-99; 92-16, eff. 6-28-01.)

 



    (415 ILCS 65/6)  (from Ch. 5, par. 856)


    Sec. 6. This Act shall be administered and enforced by the 
Department.  The Department may promulgate rules and 
regulations as necessary for the
enforcement of this Act. The 
Department of Public Health must inform school boards and the 
owners and operators of day care centers about the provisions 
of this Act that are applicable to school districts and day 
care centers, and it must inform school boards about the 
requirements contained in subdivisions 10-20.46 and 34-18.37 
of the School Code. The Department of Public Health must 
recommend that day care centers and schools use a 
pesticide-free turf care program to maintain their turf. The 
Department of Public Health  must also report violations of this 
Act of which it becomes aware  to the Department for 
enforcement.

(Source: P.A. 86-358; 87-1033.)



 

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