State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

91_SB0527enr

 
SB527 Enrolled                                 LRB9105047LDpk

 1        AN  ACT  to  amend the Lawn Care Products Application and
 2    Notice Act by changing Section 3.

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

 5        Section 5.  The Lawn Care Products Application and Notice
 6    Act is amended by changing Section 3 as follows:

 7        (415 ILCS 65/3) (from Ch. 5, par. 853)
 8        Sec.  3.   Notification  requirements  for application of
 9    lawn care products.
10        (a)  Lawn Markers.
11             (1)  Immediately following application of lawn  care
12        products  to  a  lawn,  other  than  a  golf  course,  an
13        applicator  for  hire  shall  place  a lawn marker at the
14        usual point or points of entry.
15             (2)  The lawn marker shall consist of a 4 inch by  5
16        inch  sign, vertical or horizontal, attached to the upper
17        portion of a dowel or other supporting  device  with  the
18        bottom  of  the  marker  extending no less than 12 inches
19        above the turf.
20             (3)  The lawn marker shall be white and lettering on
21        the lawn marker shall be in  a  contrasting  color.   The
22        marker  shall  state  on one side, in letters of not less
23        than 3/8 inch, the following: "LAWN  CARE  APPLICATION  -
24        STAY  OFF GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT:
25        (here shall be inserted the name and  business  telephone
26        number of the applicator for hire).
27             (4)  The  lawn marker shall be removed and discarded
28        by the property owner or resident, or such  other  person
29        authorized  by the property owner or resident, on the day
30        following the application.  The lawn marker shall not  be
31        removed  by  any  person other than the property owner or
 
SB527 Enrolled              -2-                LRB9105047LDpk
 1        resident or person designated by such property  owner  or
 2        resident.
 3             (5)  For applications to residential properties of 2
 4        families  or  less,  the  applicator  for  hire  shall be
 5        required to place lawn markers  at  the  usual  point  or
 6        points of entry.
 7             (6)  For applications to residential properties of 2
 8        families  or more, or for application to other commercial
 9        properties, the applicator  for  hire  shall  place  lawn
10        markers  at  the  usual  point  or points of entry to the
11        property to provide notice that lawn care  products  have
12        been applied to the lawn.
13        (b)  Notification  requirement  for  application of plant
14    protectants on golf courses.
15             (1)  Blanket posting procedure.   Each  golf  course
16        shall   post   in   a  conspicuous  place  or  places  an
17        all-weather poster or placard  stating  to  users  of  or
18        visitors  to the golf course that from time to time plant
19        protectants are in use and additionally stating  that  if
20        any  questions or concerns arise in relation thereto, the
21        golf course superintendent  or  his  designee  should  be
22        contacted   to   supply   the  information  contained  in
23        subsection (c) of this Section.
24             (2)  The poster  or  placard  shall  be  prominently
25        displayed  in the pro shop, locker rooms and first tee at
26        each golf course.
27             (3)  The poster or placard shall be a  minimum  size
28        of 8 1/2 by 11 inches and the lettering shall not be less
29        than 1/2 inch.
30             (4)  The  poster  or  placard  shall  read:   "PLANT
31        PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE.
32        IF   DESIRED,   YOU   MAY   CONTACT   YOUR   GOLF  COURSE
33        SUPERINTENDENT FOR FURTHER INFORMATION.".
34        (c)  Information to Customers of Applicators for Hire. At
 
SB527 Enrolled              -3-                LRB9105047LDpk
 1    the time of application of lawn care products to a  lawn,  an
 2    applicator  for  hire shall provide the following information
 3    to the customer:
 4             (1)  The brand name or common name of each lawn care
 5        product applied;
 6             (2)  The type of fertilizer or  pesticide  contained
 7        in the lawn care product applied;
 8             (3)  The  reason  for  use of each lawn care product
 9        applied;
10             (4)  The range of concentration of end  use  product
11        applied to the lawn and amount of material applied;
12             (5)  Any  special instruction appearing on the label
13        of the lawn care product applicable to the customer's use
14        of the lawn following application; and
15             (6)  The business name and telephone number  of  the
16        applicator  for  hire  as  well as the name of the person
17        actually applying lawn care products to the lawn.
18        (d)  Prior notification of application to lawn.   In  the
19    case of all lawns other than golf courses:
20             (1)  Any   neighbor   whose  property  abuts  or  is
21        adjacent to the property of a customer of  an  applicator
22        for hire may receive prior notification of an application
23        by  contacting  the applicator for hire and providing his
24        name, address and telephone number.
25             (2)  At   least   the   day   before   a   scheduled
26        application,  an  applicator  for  hire   shall   provide
27        notification  to  a person who has requested notification
28        pursuant to paragraph (1) of this  subsection  (d),  such
29        notification  to  be  made  in  writing,  in person or by
30        telephone, disclosing the date and  approximate  time  of
31        day of application.
32             (3)  In  the  event  that  an applicator for hire is
33        unable to provide prior notification to a neighbor  whose
34        property  abuts or is adjacent to the property because of
 
SB527 Enrolled              -4-                LRB9105047LDpk
 1        the absence or inaccessibility of the individual, at  the
 2        time  of application to a customer's lawn, the applicator
 3        for hire shall leave a written notice at the residence of
 4        the person requesting notification, which  shall  provide
 5        the  information  specified  in  paragraph  (2)  of  this
 6        subsection (d).
 7        (e)  Prior notification of application to golf courses.
 8             (1)  Any  landlord  or  resident  with property that
 9        abuts or is adjacent to a golf course may  receive  prior
10        notification  of  an application of lawn care products or
11        plant protectants, or both, by contacting the golf course
12        superintendent  and  providing  his  name,  address   and
13        telephone number.
14             (2)  At least the day before a scheduled application
15        of  lawn care products or plant protectants, or both, the
16        golf course superintendent shall provide notification  to
17        any  person  who  has  requested notification pursuant to
18        paragraph (1) of this subsection (e),  such  notification
19        to  be  made  in  writing,  in  person  or  by telephone,
20        disclosing the  date  and  approximate  time  of  day  of
21        application.
22             (3)  In    the    event   that   the   golf   course
23        superintendent is unable to provide prior notification to
24        a  landlord  or  resident  because  of  the  absence   or
25        inaccessibility,  at  the  time  of  application,  of the
26        landlord or  resident,  the  golf  course  superintendent
27        shall  leave a written notice with the landlord or at the
28        residence which shall provide the  information  specified
29        in paragraph (2) of this subsection (e).
30        (f)  Notification   for  applications  of  pesticides  to
31    school  grounds  other  than   school   structures.    School
32    districts  must  maintain a registry of parents and guardians
33    of  students  who  have   registered   to   receive   written
34    notification prior to the application of pesticides to school
 
SB527 Enrolled              -5-                LRB9105047LDpk
 1    grounds  or  provide  written notification to all parents and
 2    guardians of  students  before  such  pesticide  application.
 3    Written   notification   may   be  included  in  newsletters,
 4    bulletins,  calendars,  or  other  correspondence   currently
 5    published  by  the school district.  The written notification
 6    must be given at least 2 business days before application  of
 7    the  pesticide  and  should identify the intended date of the
 8    application of the  pesticide  and  the  name  and  telephone
 9    contact  number  for the school personnel responsible for the
10    pesticide application program.  Prior  written  notice  shall
11    not  be  required  if  there  is imminent threat to health or
12    property.  If such a situation arises, the appropriate school
13    personnel must sign a statement describing the  circumstances
14    that  gave  rise to the health threat and ensure that written
15    notice is provided as soon as practicable.
16    (Source: P.A. 86-358.)

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

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