Illinois General Assembly - Full Text of SB1626
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Full Text of SB1626  99th General Assembly


Sen. Don Harmon

Filed: 4/17/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 1626, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Lawn Care Products Application and Notice
6Act 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 lawn
9care products.
10    (a) Lawn Markers.
11        (1) Immediately following application of lawn care
12    products to a lawn, other than a golf course, an applicator
13    for hire shall place a lawn marker at the usual point or
14    points of entry.
15        (2) The lawn marker shall consist of a 4 inch by 5 inch
16    sign, vertical or horizontal, attached to the upper portion



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1    of a dowel or other supporting device with the bottom of
2    the marker extending no less than 12 inches above the turf.
3        (3) The lawn marker shall be white and made of rigid
4    material. Lettering and lettering on the lawn marker shall
5    be in a contrasting color. The marker shall state on one
6    side, in letters of not less than 3/8 inch, the following:
8    MORE INFORMATION CONTACT: (here shall be inserted the name
9    and business telephone number of the applicator for hire)."
10        (4) The lawn marker shall be removed and discarded by
11    the property owner or resident, or such other person
12    authorized by the property owner or resident, on the day
13    following the application. The lawn marker shall not be
14    removed by any person other than the property owner or
15    resident or person designated by such property owner or
16    resident.
17        (5) For applications to residential properties of 2
18    families or less, the applicator for hire shall be required
19    to place lawn markers at or within view of the usual point
20    or points of entry and one marker at a prominent location
21    along the rear perimeter, unless access to the treated area
22    is impassable because of a fence, wall, hedge, or natural
23    topographic feature.
24        (6) For applications to residential properties of 2
25    families or more, or for application to other commercial
26    properties, the applicator for hire shall place lawn



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1    markers at the usual point or points of entry to the
2    property to provide notice that lawn care products have
3    been applied to the lawn.
4    (b) Notification requirement for application of plant
5protectants on golf courses.
6        (1) Blanket posting procedure. Each golf course shall
7    post in a conspicuous place or places an all-weather poster
8    or placard stating to users of or visitors to the golf
9    course that from time to time plant protectants are in use
10    and additionally stating that if any questions or concerns
11    arise in relation thereto, the golf course superintendent
12    or his designee should be contacted to supply the
13    information contained in subsection (c) of this Section.
14        (2) The poster or placard shall be prominently
15    displayed in the pro shop, locker rooms and first tee at
16    each golf course.
17        (3) The poster or placard shall be a minimum size of 8
18    1/2 by 11 inches and the lettering shall not be less than
19    1/2 inch.
20        (4) The poster or placard shall read: "PLANT
24    (c) Information to Customers of Applicators for Hire. At
25the time of application of lawn care products to a lawn, an
26applicator for hire shall provide the following information to



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1the customer:
2        (1) The brand name, common name, and scientific name of
3    each lawn care product applied;
4        (2) The type of fertilizer or pesticide contained in
5    the lawn care product applied;
6        (3) The reason for use of each lawn care product
7    applied;
8        (4) The range of concentration of end use product
9    applied to the lawn and amount of material applied;
10        (5) Any special instruction appearing on the label of
11    the lawn care product applicable to the customer's use of
12    the lawn following application;
13        (6) The business name and telephone number of the
14    applicator for hire as well as the name of the person
15    actually applying lawn care products to the lawn; and
16        (7) Upon the request of a customer or any person whose
17    property abuts or is adjacent to the property of a customer
18    of an applicator for hire, a copy of the material safety
19    data sheet and approved pesticide registration label for
20    each applied lawn care product.
21    (d) Prior notification of application to lawn. In the case
22of all lawns other than golf courses:
23        (1) Any neighbor whose property abuts or is adjacent to
24    the property of a customer of an applicator for hire may
25    receive prior notification of an application by contacting
26    the applicator for hire and providing his name, address and



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1    telephone number.
2        (2) At least the day before a scheduled application, an
3    applicator for hire shall provide notification to a person
4    who has requested notification pursuant to paragraph (1) of
5    this subsection (d), such notification to be made in
6    writing, in person or by telephone, disclosing the date and
7    approximate time of day of application.
8        (3) In the event that an applicator for hire is unable
9    to provide prior notification to a neighbor whose property
10    abuts or is adjacent to the property because of the absence
11    or inaccessibility of the individual, at the time of
12    application to a customer's lawn, the applicator for hire
13    shall leave a written notice at the residence of the person
14    requesting notification, which shall provide the
15    information specified in paragraph (2) of this subsection
16    (d).
17    Failure to attempt to provide notification as requested in
18paragraph (1) of this subsection (d) shall be considered a
19violation subject to an administrative hearing under Section 7
20of this Act.
21    (e) Prior notification of application to golf courses.
22        (1) Any landlord or resident with property that abuts
23    or is adjacent to a golf course may receive prior
24    notification of an application of lawn care products or
25    plant protectants, or both, by contacting the golf course
26    superintendent and providing his name, address and



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1    telephone number.
2        (2) At least the day before a scheduled application of
3    lawn care products or plant protectants, or both, the golf
4    course superintendent shall provide notification to any
5    person who has requested notification pursuant to
6    paragraph (1) of this subsection (e), such notification to
7    be made in writing, in person or by telephone, disclosing
8    the date and approximate time of day of application.
9        (3) In the event that the golf course superintendent is
10    unable to provide prior notification to a landlord or
11    resident because of the absence or inaccessibility, at the
12    time of application, of the landlord or resident, the golf
13    course superintendent shall leave a written notice with the
14    landlord or at the residence which shall provide the
15    information specified in paragraph (2) of this subsection
16    (e).
17    (f) Notification for applications of pesticides to day care
18center grounds other than day care center structures and school
19grounds other than school structures.
20        (1) The owner or operator of a day care center must
21    either (i) maintain a registry of parents and guardians of
22    children in his or her care who have registered to receive
23    written notification before the application of pesticide
24    to day care center grounds and notify persons on that
25    registry before applying pesticides or having pesticide
26    applied to day care center grounds or (ii) provide written



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1    or telephonic notice to all parents and guardians of
2    children in his or her care before applying pesticide or
3    having pesticide applied to day care center grounds.
4        (2) School districts must either (i) maintain a
5    registry of parents and guardians of students who have
6    registered to receive written or telephonic notification
7    before the application of pesticide to school grounds and
8    notify persons on that list before applying pesticide or
9    having pesticide applied to school grounds or (ii) provide
10    written or telephonic notification to all parents and
11    guardians of students before applying pesticide or having
12    pesticide applied to school grounds.
13        (3) Written notification required under item (1) or (2)
14    of subsection (f) of this Section may be included in
15    newsletters, calendars, or other correspondence currently
16    published by the school district, but posting on a bulletin
17    board is not sufficient. The written or telephonic
18    notification must be given at least 4 business days before
19    application of the pesticide and should identify the
20    intended date of the application of the pesticide and the
21    name and telephone contact number for the school personnel
22    responsible for the pesticide application program or, in
23    the case of a day care center, the owner or operator of the
24    day care center. Prior notice shall not be required if
25    there is imminent threat to health or property. If such a
26    situation arises, the appropriate school personnel or, in



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1    the case of a day care center, the owner or operator of the
2    day care center must sign a statement describing the
3    circumstances that gave rise to the health threat and
4    ensure that written or telephonic notice is provided as
5    soon as practicable.
6(Source: P.A. 96-424, eff. 8-13-09.)
7    Section 99. Effective date. This Act takes effect January
81, 2016.".