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| [ Senate Amendment 002 ] |
91_SB0527sam001
LRB9105047LDmbam01
1 AMENDMENT TO SENATE BILL 527
2 AMENDMENT NO. . Amend Senate Bill 527 by replacing
3 the title with the following:
4 "AN ACT to amend the Lawn Care Products Application and
5 Notice Act by changing Section 3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Lawn Care Products Application and
9 Notice Act is amended by changing Section 3 as follows:
10 (415 ILCS 65/3) (from Ch. 5, par. 853)
11 Sec. 3. Notification requirements for application of
12 lawn care products.
13 (a) Lawn Markers.
14 (1) Immediately following application of lawn care
15 products to a lawn, other than a golf course, an
16 applicator for hire shall place a lawn marker at the
17 usual point or points of entry.
18 (2) The lawn marker shall consist of a 4 inch by 5
19 inch sign, vertical or horizontal, attached to the upper
20 portion of a dowel or other supporting device with the
21 bottom of the marker extending no less than 12 inches
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1 above the turf.
2 (3) The lawn marker shall be white and lettering on
3 the lawn marker shall be in a contrasting color. The
4 marker shall state on one side, in letters of not less
5 than 3/8 inch, the following: "LAWN CARE APPLICATION -
6 STAY OFF GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT:
7 (here shall be inserted the name and business telephone
8 number of the applicator for hire).
9 (4) The lawn marker shall be removed and discarded
10 by 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
18 required to place lawn markers at the usual point or
19 points of 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
27 protectants on golf courses.
28 (1) Blanket posting procedure. Each golf course
29 shall post in a conspicuous place or places an
30 all-weather poster or placard stating to users of or
31 visitors to the golf course that from time to time plant
32 protectants are in use and additionally stating that if
33 any questions or concerns arise in relation thereto, the
34 golf course superintendent or his designee should be
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1 contacted to supply the information contained in
2 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
7 of 8 1/2 by 11 inches and the lettering shall not be less
8 than 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
12 SUPERINTENDENT 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
16 to the customer:
17 (1) The brand name or common name of each lawn care
18 product applied;
19 (2) The type of fertilizer or pesticide contained
20 in 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
26 of the lawn care product applicable to the customer's use
27 of the lawn following application; and
28 (6) The business name and telephone number of the
29 applicator for hire as well as the name of the person
30 actually applying lawn care products to the lawn.
31 (d) Prior notification of application to lawn. In the
32 case of all lawns other than golf courses:
33 (1) Any neighbor whose property abuts or is
34 adjacent to the property of a customer of an applicator
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1 for hire may receive prior notification of an application
2 by contacting the applicator for hire and providing his
3 name, address and telephone number.
4 (2) At least the day before a scheduled
5 application, an applicator for hire shall provide
6 notification to a person who has requested notification
7 pursuant to paragraph (1) of this subsection (d), such
8 notification to be made in writing, in person or by
9 telephone, disclosing the date and approximate time of
10 day of application.
11 (3) In the event that an applicator for hire is
12 unable to provide prior notification to a neighbor whose
13 property abuts or is adjacent to the property because of
14 the absence or inaccessibility of the individual, at the
15 time of application to a customer's lawn, the applicator
16 for hire shall leave a written notice at the residence of
17 the person requesting notification, which shall provide
18 the information specified in paragraph (2) of this
19 subsection (d).
20 (e) Prior notification of application to golf courses.
21 (1) Any landlord or resident with property that
22 abuts or is adjacent to a golf course may receive prior
23 notification of an application of lawn care products or
24 plant protectants, or both, by contacting the golf course
25 superintendent and providing his name, address and
26 telephone number.
27 (2) At least the day before a scheduled application
28 of lawn care products or plant protectants, or both, the
29 golf course superintendent shall provide notification to
30 any person who has requested notification pursuant to
31 paragraph (1) of this subsection (e), such notification
32 to be made in writing, in person or by telephone,
33 disclosing the date and approximate time of day of
34 application.
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1 (3) In the event that the golf course
2 superintendent is unable to provide prior notification to
3 a landlord or resident because of the absence or
4 inaccessibility, at the time of application, of the
5 landlord or resident, the golf course superintendent
6 shall leave a written notice with the landlord or at the
7 residence which shall provide the information specified
8 in paragraph (2) of this subsection (e).
9 (f) Notification and posting for applications of
10 pesticides to school grounds other than school structures.
11 (1) It shall be the responsibility of the administrator
12 of the school to post the school property when pesticides
13 are being applied in accordance with the following
14 notification procedures:
15 (A) Signs shall be posted at least 2 business
16 days before application of a pesticide and shall
17 remain posted at least 2 business days after
18 application of the pesticide. Signs shall be posted
19 (i) at every entry point to the school grounds where
20 the pesticide is applied and (ii) in highly visible
21 locations around the perimeter of the area if the
22 pesticide is applied in an open area. Signs shall
23 be at least 6" x 6", headed "Notice of Pesticide
24 Application", and bright yellow in color with black
25 writing at least 1" in height. Signs shall identify
26 the date of application, the date and time for
27 re-entry to the area treated if such information is
28 specified on the pesticide label, and the name and
29 telephone contact number for the school personnel
30 responsible for the pesticide application program.
31 (B) Each school shall maintain a registry of
32 parents and guardians of students and of school
33 employees who have registered to receive written
34 notification prior to applications of pesticides.
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1 Parents and guardians and school employees shall be
2 notified in writing within 30 days of the first full
3 day of the school year that they may register for
4 notification of pesticide applications. A registry
5 notice form shall be developed by the Department.
6 (C) Written notification must be provided to
7 all registered parents and guardians of students and
8 employees who attend or work at the school at least
9 2 business days before application of any pesticide
10 on school property. Written notices shall identify
11 the name and active ingredient of the pesticide or
12 pesticides, the intended date of the application of
13 the pesticide or pesticides, the date and time for
14 re-entry to the area treated if such information is
15 specified on the pesticide label, and the name and
16 telephone contact number for the school
17 administrator who is responsible for the pesticide
18 application program.
19 (D) Written notice and posting must be
20 provided at least 2 business days in advance if a
21 school is scheduled to have an application of a
22 pesticide or pesticides on a weekend or other day
23 when school is not is session.
24 (E) Prior written notice shall not be required
25 if there is an imminent threat to health or
26 property. If such a situation arises, the
27 appropriate school personnel must sign a statement
28 describing the circumstances that gave rise to the
29 health threat, ensure that posting takes place, and
30 ensure that written notice is provided as soon as
31 practicable.
32 (2) Qualifications and responsibilities of persons
33 making the pesticide applications on school grounds:
34 (A) Employees of the school who make any
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1 pesticide application on the school grounds shall be
2 licensed in accordance with the public and
3 commercial not-for-hire licensing requirements of
4 Section 60.11.1 of the Illinois Pesticide Act.
5 (B) Employees of the school who make any
6 pesticide application on the school grounds shall
7 comply with the appropriate storage, handling,
8 preparation for use, transport, and clean up
9 requirements as set forth in this Act.
10 (C) If the school contracts with a commercial
11 applicator for pesticide application, the applicator
12 shall provide the information necessary so the
13 school administrator can comply with the notice and
14 posting requirements of this Section.
15 (Source: P.A. 86-358.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.".