Bill Text: IL SB1987 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Enrolled - Dead) 2019-02-06 - Sent to the Governor [SB1987 Detail]

Download: Illinois-2017-SB1987-Engrossed.html

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SB1987 Engrossed LRB100 09952 MJP 20123 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Lawn Care Products Application and Notice
Act is amended by changing Section 3 as follows:
(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 made of rigid
material. Lettering 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

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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 or within view of the usual point
or points of entry and one 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.
(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

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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, 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

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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;
(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

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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).
Failure to attempt to provide notification as requested in
paragraph (1) of this subsection (d) shall be considered a
violation subject to an administrative hearing under Section 7
of this Act.
(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.

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(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 the application of pesticide to school grounds and
notify persons on that list before applying pesticide or

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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.
(3) Written notification required under item (1) or (2)
of subsection (f) of this Section may be included in
newsletters, 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 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 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. 96-424, eff. 8-13-09.)
Section 99. Effective date. This Act takes effect January
1, 2018.