Full Text of SB1987 100th General Assembly
SB1987 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1987 Introduced 2/10/2017, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
| 415 ILCS 65/3 | from Ch. 5, par. 853 |
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Amends the Lawn Care Products Application and Notice Act. Provides that lawn markers shall be white and made of rigid material. Provides that, for applications to residential properties of 2 families or less, the applicator for hire shall be required to place on marker at a prominent location along the rear perimeter, unless access to the treated area is impassable because of a fence, wall, hedge, or natural topographic feature. Provides that failure to attempt to provide a specified notification shall be considered a violation subject to an administrative hearing. Effective on January 1, 2018.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Lawn Care Products Application and Notice | 5 | | Act 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 | 8 | | care 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 | 17 | | the marker extending no less than 12
inches above the turf.
| 18 | | (3) The lawn marker shall be white and made of rigid | 19 | | material. Lettering and lettering on the lawn marker
shall | 20 | | be in a contrasting color. The marker shall state on one | 21 | | side, in
letters of not less than 3/8 inch, the following:
| 22 | | "LAWN CARE APPLICATION - STAY OFF GRASS UNTIL DRY - FOR | 23 | | MORE INFORMATION
CONTACT: (here shall be inserted the name |
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| 1 | | and business telephone number of
the applicator for hire)."
| 2 | | (4) The lawn marker shall be removed and discarded by | 3 | | the property
owner or resident, or such other person | 4 | | authorized by the property owner or
resident, on the day | 5 | | following the application. The lawn marker shall not be
| 6 | | removed by any person other than the property owner or | 7 | | resident or person
designated by such property owner or | 8 | | resident.
| 9 | | (5) For applications to residential properties of 2 | 10 | | families or
less, the applicator for hire shall be required | 11 | | to place
lawn markers at or within view of the usual point | 12 | | or points of entry and one marker at a prominent location | 13 | | along the rear perimeter, unless access to the treated area | 14 | | is impassable because of a fence, wall, hedge, or natural | 15 | | topographic feature .
| 16 | | (6) For applications to residential properties
of 2 | 17 | | families or more, or for application to other commercial | 18 | | properties,
the applicator for hire shall place lawn | 19 | | markers at the usual point or points
of entry to the | 20 | | property to provide notice that lawn care products have | 21 | | been
applied to the lawn.
| 22 | | (b) Notification requirement for application of plant | 23 | | protectants on golf
courses.
| 24 | | (1) Blanket posting procedure. Each golf course shall | 25 | | post in a
conspicuous place or places an all-weather poster | 26 | | or placard stating to
users of or visitors to the golf |
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| 1 | | course that from time to time plant
protectants are in use | 2 | | and additionally stating that if any questions or
concerns | 3 | | arise in relation thereto, the golf course superintendent | 4 | | or his
designee should be contacted to supply the | 5 | | information contained in
subsection (c) of this Section.
| 6 | | (2) The poster or placard shall be prominently | 7 | | displayed in the pro
shop, locker rooms and first tee at | 8 | | each golf course.
| 9 | | (3) The poster or placard shall be a minimum size of 8 | 10 | | 1/2 by 11 inches
and the lettering shall not be less than | 11 | | 1/2 inch.
| 12 | | (4) The poster or placard shall read: "PLANT | 13 | | PROTECTANTS ARE
PERIODICALLY APPLIED TO THIS GOLF COURSE. | 14 | | IF DESIRED, YOU MAY CONTACT YOUR
GOLF COURSE SUPERINTENDENT | 15 | | FOR FURTHER INFORMATION."
| 16 | | (c) Information to Customers of Applicators for Hire. At | 17 | | the time of
application of lawn care products to a lawn, an | 18 | | applicator for hire shall
provide the following information to | 19 | | the customer:
| 20 | | (1) The brand name, common name, and scientific name of | 21 | | each lawn care product applied;
| 22 | | (2) The type of fertilizer or pesticide contained in | 23 | | the lawn care
product applied;
| 24 | | (3) The reason for use of each lawn care product | 25 | | applied;
| 26 | | (4) The range of concentration of end use product |
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| 1 | | applied to the
lawn and amount of material applied;
| 2 | | (5) Any special instruction appearing on the label of | 3 | | the lawn care
product applicable to the customer's use of | 4 | | the lawn following application;
| 5 | | (6) The business name and telephone number of the | 6 | | applicator for hire
as well as the name of the person | 7 | | actually applying lawn care products to the
lawn; and | 8 | | (7) Upon the request of a customer or any person whose | 9 | | property abuts or is adjacent to the property of a customer | 10 | | of an applicator for hire, a copy of the material safety | 11 | | data sheet and approved pesticide registration label for | 12 | | each applied lawn care product.
| 13 | | (d) Prior notification of application to lawn. In the case | 14 | | of all lawns
other than golf courses:
| 15 | | (1) Any neighbor whose property abuts or is adjacent to | 16 | | the property
of a customer of an applicator for hire may | 17 | | receive prior notification of
an application by contacting | 18 | | the applicator for hire and providing his
name, address and | 19 | | telephone number.
| 20 | | (2) At least the day before a scheduled application, an | 21 | | applicator
for hire shall provide notification to a person | 22 | | who has requested
notification pursuant to paragraph (1) of | 23 | | this subsection (d), such
notification to be made in | 24 | | writing, in person or by telephone, disclosing
the date and | 25 | | approximate time of day of application.
| 26 | | (3) In the event that an applicator for hire is unable |
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| 1 | | to provide
prior notification to a neighbor whose property | 2 | | abuts or is adjacent to the
property because of the absence | 3 | | or inaccessibility of the individual, at
the time of | 4 | | application to a customer's lawn, the applicator for hire | 5 | | shall
leave a written notice at the residence of the person | 6 | | requesting
notification, which shall provide the | 7 | | information specified in paragraph
(2) of this subsection | 8 | | (d).
| 9 | | Failure to attempt to provide notification as requested in | 10 | | paragraph (1) of this subsection (d) shall be considered a | 11 | | violation subject to an administrative hearing under Section 7 | 12 | | of this Act. | 13 | | (e) Prior notification of application to golf courses.
| 14 | | (1) Any landlord or resident with property that abuts | 15 | | or is adjacent
to a golf course may receive prior | 16 | | notification of an application of lawn
care products or | 17 | | plant protectants, or both, by contacting the golf course
| 18 | | superintendent and providing his name, address and | 19 | | telephone number.
| 20 | | (2) At least the day before a scheduled application of | 21 | | lawn care
products or plant protectants, or both, the golf | 22 | | course superintendent
shall provide notification to any | 23 | | person who has requested notification
pursuant to | 24 | | paragraph (1) of this subsection (e), such notification to | 25 | | be
made in writing, in person or by telephone, disclosing | 26 | | the date and
approximate time of day of application.
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| 1 | | (3) In the event that the golf course superintendent is | 2 | | unable to
provide prior notification to a landlord or | 3 | | resident because of the absence
or inaccessibility, at the | 4 | | time of application, of the landlord or
resident, the golf | 5 | | course superintendent shall leave a written notice with
the | 6 | | landlord or at the residence which shall provide the | 7 | | information
specified in paragraph (2) of this subsection | 8 | | (e).
| 9 | | (f) Notification for applications of pesticides to day care | 10 | | center grounds other than day care center structures and school | 11 | | grounds other
than school structures. | 12 | | (1) The owner or operator of a day care center must | 13 | | either (i) maintain a registry of parents and guardians of | 14 | | children in his or her care who have registered to receive | 15 | | written notification before the application of pesticide | 16 | | to day care center grounds and notify persons on that | 17 | | registry before applying pesticides or having pesticide | 18 | | applied to day care center grounds or (ii) provide written | 19 | | or telephonic notice to all parents and guardians of | 20 | | children in his or her care before applying pesticide or | 21 | | having pesticide applied to day care center grounds. | 22 | | (2) School districts must either (i) maintain a | 23 | | registry of parents
and guardians of students who have | 24 | | registered to receive written or telephonic notification
| 25 | | before the application of pesticide to school grounds and | 26 | | notify persons on that list before applying pesticide or |
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| 1 | | having pesticide applied to school grounds or (ii) provide | 2 | | written or telephonic
notification to all parents and | 3 | | guardians of students before applying pesticide or having | 4 | | pesticide applied to school grounds. | 5 | | (3) Written notification required under item (1) or (2) | 6 | | of subsection (f) of this Section may be included in | 7 | | newsletters,
calendars, or other correspondence currently | 8 | | published by the school district, but posting on a bulletin | 9 | | board is not sufficient.
The written or telephonic | 10 | | notification must be given at least 4 business days before
| 11 | | application of the pesticide and should identify the | 12 | | intended date of the
application of the pesticide and the | 13 | | name and telephone contact number for the
school personnel | 14 | | responsible for the pesticide application program or, in | 15 | | the case of a day care center, the owner or operator of the | 16 | | day care center. Prior
notice shall not be required if | 17 | | there is imminent threat to health or
property. If such a | 18 | | situation arises, the appropriate school personnel or, in | 19 | | the case of a day care center, the owner or operator of the | 20 | | day care center must
sign a statement describing the | 21 | | circumstances that gave rise to the health
threat and | 22 | | ensure that written or telephonic notice is provided as | 23 | | soon as practicable.
| 24 | | (Source: P.A. 96-424, eff. 8-13-09.)
| 25 | | Section 99. Effective date. This Act takes effect January | 26 | | 1, 2018.
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