SB1987 EngrossedEnrolled LRB100 09952 MJP 20123 b AN ACT concerning safety.
The LawnState CarePolice Products Application and Notice Act is amended by changing Section 345 as follows:
(415(20 ILCS 65/3)2610/45) (from(This Ch.Section may contain text from a Public Act with a delayed effective date) Sec.
5,45. par.
853)Compliance Sec.with the Health Care Violence Prevention Act;
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NotificationThe requirementsDepartment forshall applicationcomply with the Health Care Violence Prevention Act and shall provide an appropriate level of lawntraining carefor products.its officers concerning the Health Care Violence Prevention Act.
(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 SB1987 Engrossed - 2 - LRB100 09952 MJP 20123 b 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 SB1987 Engrossed - 3 - LRB100 09952 MJP 20123 b 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 SB1987 Engrossed - 4 - LRB100 09952 MJP 20123 b 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 SB1987 Engrossed - 5 - LRB100 09952 MJP 20123 b 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.
SB1987 Engrossed - 6 - LRB100 09952 MJP 20123 b (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 SB1987 Engrossed - 7 - LRB100 09952 MJP 20123 b 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.
96-424,100-1051, eff.
8-13-09.)1-1-19.) Section 99.10.
The Health Care Violence Prevention Act is amended by changing Section 30 as follows:
(210 ILCS 160/30) (This Section may contain text from a Public Act with a delayed effective date) Sec.
30.
Medical care for committed persons.
(a) If a committed person receives medical care and SB1987 Enrolled - 2 - LRB100 09952 MJP 20123 b treatment at a place other than an institution or facility of the Department of Corrections, a county, or a municipality, then the institution or facility shall:
(1) to the greatest extent practicable, notify the hospital or medical facility that is treating the committed person prior to the committed person's visit and notify the hospital or medical facility of any significant medical, mental health, recent violent actions, or other safety concerns regarding the patient;
(2) to the greatest extent practicable, ensure the transferred committed person is accompanied by the most comprehensive medical records possible;
(3) provide at least one guard trained in custodial escort and custody of high-risk committed persons to accompany any committed person.
The custodial agency shall attest to such training for custodial escort and custody of high-risk committed persons through:
(A) the training of the Department of Corrections, or Department of Juvenile Justice, or Department of State Police;
(B) law enforcement training that is substantially equivalent to the training of the Department of Corrections, or Department of Juvenile Justice, or Department of State Police;
or (C) the training described in Section 35.
Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor.
In addition, restraint of a pregnant female prisoner in the custody of the Cook SB1987 Enrolled - 3 - LRB100 09952 MJP 20123 b County shall comply with Section 3-15003.6 of the Counties Code.
Additionally, restraints shall not be used on a committed person if medical personnel determine that the restraints would impede medical treatment;
and (4) ensure that only medical personnel, Department of Corrections, county, or municipality personnel, and visitors on the committed person's approved institutional visitors list may visit the committed person.
Visitation by a person on the committed person's approved institutional visitors list shall be subject to the rules and procedures of the hospital or medical facility and the Department of Corrections, county, or municipality.
In any situation in which a committed person is being visited:
(A) the name of the visitor must be listed per the facility's or institution's documentation;
(B) the visitor shall submit to the search of his or her person or any personal property under his or her control at any time;
and (C) the custodial agency may deny the committed person access to a telephone or limit the number of visitors the committed person may receive for purposes of safety.
If a committed person receives medical care and treatment at a place other than an institution or facility of the Department of Corrections, county, or municipality, then the custodial agency shall ensure that the committed person is SB1987 Enrolled - 4 - LRB100 09952 MJP 20123 b wearing security restraints in accordance with the custodial agency's rules and procedures if the custodial agency determines that restraints are necessary for the following reasons:
(i) to prevent physical harm to the committed person or another person;
(ii) because the committed person has a history of disruptive behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior;
or (iii) there is a well-founded belief that the committed person presents a substantial risk of flight.
Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor.
In addition, restraint of a pregnant female prisoner in the custody of the Cook County shall comply with Section 3-15003.6 of the Counties Code.
The hospital or medical facility may establish protocols for the receipt of committed persons in collaboration with the Department of Corrections, county, or municipality, specifically with regard to potentially violent persons.
(b) If a committed person receives medical care and treatment at a place other than an institution or facility of the Department of Juvenile Justice, then the institution or facility shall:
(1) to the greatest extent practicable, notify the hospital or medical facility that is treating the committed person prior to the committed person's visit, and notify SB1987 Enrolled - 5 - LRB100 09952 MJP 20123 b the hospital or medical facility of any significant medical, mental health, recent violent actions, or other safety concerns regarding the patient;
(2) to the greatest extent practicable, ensure the transferred committed person is accompanied by the most comprehensive medical records possible;
(3) provide:
(A) at least one guard trained in custodial escort and custody of high-risk committed persons to accompany any committed person.
The custodial agency shall attest to such training for custodial escort and custody of high-risk committed persons through:
(i) the training of the Department of Corrections, or Department of Juvenile Justice, or Department of State Police, (ii) law enforcement training that is substantially equivalent to the training of the Department of Corrections, or Department of Juvenile Justice, or Department of State Police, or (iii) the training described in Section 35;
or (B) 2 guards to accompany the committed person at all times during the visit to the hospital or medical facility;
and (4) ensure that only medical personnel, Department of Juvenile Justice personnel, and visitors on the committed person's approved institutional visitors list may visit the committed person.
Visitation by a person on the committed person's approved institutional visitors list shall be subject to the rules and procedures of the hospital or medical facility and the Department of Juvenile SB1987 Enrolled - 6 - LRB100 09952 MJP 20123 b Justice.
In any situation in which a committed person is being visited:
(A) the name of the visitor must be listed per the facility's or institution's documentation;
(B) the visitor shall submit to the search of his or her person or any personal property under his or her control at any time;
and (C) the custodial agency may deny the committed person access to a telephone or limit the number of visitors the committed person may receive for purposes of safety.
If a committed person receives medical care and treatment at a place other than an institution or facility of the Department of Juvenile Justice, then the Department of Juvenile Justice shall ensure that the committed person is wearing security restraints on either his or her wrists or ankles in accordance with the rules and procedures of the Department of Juvenile Justice if the Department of Juvenile Justice determines that restraints are necessary for the following reasons:
(i) to prevent physical harm to the committed person or another person;
(ii) because the committed person has a history of disruptive behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior;
or (iii) there is a well-founded belief that the committed person presents a substantial risk of SB1987 Enrolled - 7 - LRB100 09952 MJP 20123 b flight.
Any restraints used on a committed person under this paragraph shall be the least restrictive restraints necessary to prevent flight or physical harm to the committed person or another person.
Restraints shall not be used on the committed person as provided in this paragraph if medical personnel determine that the restraints would impede medical treatment.
Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor.
In addition, restraint of a pregnant female prisoner in the custody of the Cook County shall comply with Section 3-15003.6 of the Counties Code.
The hospital or medical facility may establish protocols for the receipt of committed persons in collaboration with the Department of Juvenile Justice, specifically with regard to persons recently exhibiting violence.
(Source:
P.A.
100-1051, eff.
1-1-19.) Section 95.
No acceleration or delay.
Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.
Section 99.
This Act takes effect Januaryupon 1,becoming 2018.law.