093_SB1079enr

 
SB1079 Enrolled                      LRB093 10827 AMC 11282 b

 1        AN ACT concerning child care facilities.

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

 4        Section 5. The Child Care  Act  of  1969  is  amended  by
 5    adding Section 5.6 as follows:

 6        (225 ILCS 10/5.6 new)
 7        Sec. 5.6.  Pesticide application at day care centers.
 8        (a)  Licensed   day  care  centers  shall  abide  by  the
 9    requirements of Sections 10.2 and 10.3 of the Structural Pest
10    Control Act.
11        (b)  Notification required pursuant to  Section  10.3  of
12    the Structural Pest Control Act may not be given more than 30
13    days before the application of the pesticide.
14        (c)  Each  licensed  day  care  center,  subject  to  the
15    requirements  of  Section 10.3 of the Structural Pest Control
16    Act, must ensure that pesticides will  not  be  applied  when
17    children  are  present  at  the  center. Toys and other items
18    mouthed or handled by the children must be removed  from  the
19    area  before pesticides are applied. Children must not return
20    to  the  treated  area  within  2  hours  after  a  pesticide
21    application or as specified on the pesticide label, whichever
22    time is greater.

23        Section 10.  The Structural Pest Control Act  is  amended
24    by  changing Sections 2, 3, 10.2, and 10.3 and adding Section
25    3.27 as follows:

26        (225 ILCS 235/2) (from Ch. 111 1/2, par. 2202)
27        (Section scheduled to be repealed on January 1, 2007)
28        Sec. 2.  Legislative intent.  It is declared  that  there
29    exists  and  may  in  the  future  exist  within the State of
 
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 1    Illinois locations where  pesticides  are  received,  stored,
 2    formulated  or prepared and subsequently used for the control
 3    of structural pests, and improper selection, formulation  and
 4    application  of  pesticides  may  adversely affect the public
 5    health and general welfare.
 6        It  is  further  established  that  the  use  of  certain
 7    pesticides is restricted or may in the future  be  restricted
 8    to  use only by or under the supervision of persons certified
 9    in accordance with this Act.
10        It is  recognized  that  pests  can  best  be  controlled
11    through  an  integrated pest management program that combines
12    preventive techniques, nonchemical pest control methods,  and
13    the   appropriate  use  of  pesticides  with  preference  for
14    products that are the least harmful to human health  and  the
15    environment.   Integrated  pest management is a good practice
16    in the management of pest populations, and it is  prudent  to
17    employ  pest  control strategies that are the least hazardous
18    to human health and the environment.
19        Therefore, the purpose of this Act is to protect, promote
20    and  preserve  the  public  health  and  general  welfare  by
21    providing for the  establishment  of  minimum  standards  for
22    selection,   formulation   and   application   of  restricted
23    pesticides and to provide for  the  licensure  of  commercial
24    structural  pest  control  businesses,  the  registration  of
25    persons  who  own  or  operate non-commercial structural pest
26    control locations where restricted pesticides are  used,  and
27    the certification of pest control technicians.
28        It  is  also  the purpose of this Act to reduce economic,
29    health, and environmental  risks  by  promoting  the  use  of
30    integrated  pest  management  for  structural pest control in
31    schools  and  day  care  centers,  by  making  guidelines  on
32    integrated pest management available to schools and day  care
33    centers.
34    (Source: P.A. 91-525, eff. 8-1-00.)
 
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 1        (225 ILCS 235/3) (from Ch. 111 1/2, par. 2203)
 2        (Section scheduled to be repealed on January 1, 2007)
 3        Sec.  3.  Definitions.)   As used in this Act, unless the
 4    context otherwise requires, the terms specified  in  Sections
 5    3.01  through 3.27 3.26 have the meanings ascribed to them in
 6    those Sections.
 7    (Source: P.A. 91-525, eff. 8-1-00.)

 8        (225 ILCS 235/3.27 new)
 9        (Section scheduled to be repealed on January 1, 2007)
10        Sec. 3.27.  "Day care center" means any structure used as
11    a licensed day care center in this State.

12        (225 ILCS 235/10.2) (from Ch. 111 1/2, par. 2210.2)
13        (Section scheduled to be repealed on January 1, 2007)
14        Sec. 10.2.  Integrated pest management guidelines.
15        (a)  The  Department  shall  prepare  guidelines  for  an
16    integrated  pest  management  program  for  structural   pest
17    control  practices  at  school  buildings  and  other  school
18    facilities  and  day  care centers.  Such guidelines shall be
19    made available to schools, day care centers  and  the  public
20    upon request.
21        (b)  When economically feasible, each school and day care
22    center  is  required  to  adopt an integrated pest management
23    program that incorporates the  guidelines  developed  by  the
24    Department. If adopting an integrated pest management program
25    would not be economically feasible because it would result in
26    an increase in the school's or day care center's pest control
27    cost,  the  school  district  or day care center must provide
28    written notification to the  Department.    The  notification
29    must include projected pest control costs for the term of the
30    pest  control  program  and  projected costs for implementing
31    integrated pest management for that same  time  period.   The
32    Department  shall  make  this  notification  available to the
 
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 1    general public upon request.  In implementing  an  integrated
 2    pest management program, a school or day care center employee
 3    should   be  designated  to  assume  responsibility  for  the
 4    oversight of pest management practices in that school or  day
 5    care center and for recordkeeping requirements.
 6        (c)  The  Structural  Pest Control Advisory Council shall
 7    assist  the  Department  in  developing  the  guidelines  for
 8    integrated  pest  management  programs.   In  developing  the
 9    guidelines,  the  Council  shall  consult  with   individuals
10    knowledgeable in the area of integrated pest management.
11        (d)  The   Department,   with   the   assistance  of  the
12    Cooperative Extension Service and  other  relevant  agencies,
13    may  prepare a training program for school or day care center
14    pest control specialists.
15    (Source: P.A. 91-525, eff. 8-1-00.)

16        (225 ILCS 235/10.3)
17        (Section scheduled to be repealed on January 1, 2007)
18        Sec. 10.3.  Notification.  School districts and day  care
19    centers  must maintain a registry of parents and guardians of
20    students and employees who have registered to receive written
21    notification prior to application  of  pesticides  to  school
22    property  or day care centers or provide written notification
23    to  all  parents  and  guardians  of  students  before   such
24    pesticide  application.  Written notification may be included
25    in newsletters, bulletins, calendars, or other correspondence
26    currently published  by  the  school  district  or  day  care
27    center.   The  written  notification must be given at least 2
28    business days before application of the pesticide application
29    and should identify the intended date of the  application  of
30    the  pesticide  and the name and telephone contact number for
31    the school or day care center personnel responsible  for  the
32    pesticide  application  program.   Prior written notice shall
33    not be required if there is an imminent threat to  health  or
 
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 1    property.  If such a situation arises, the appropriate school
 2    or day care center personnel must sign a statement describing
 3    the  circumstances  that  gave  rise to the health threat and
 4    ensure  that  written  notice  is   provided   as   soon   as
 5    practicable.    For  purposes  of  this  Section,  pesticides
 6    subject to notification requirements shall not include (i) an
 7    antimicrobial agent,  such  as  disinfectant,  sanitizer,  or
 8    deodorizer, or (ii) insecticide baits and rodenticide baits.
 9    (Source: P.A. 91-525, eff. 8-1-00.)

10        Section  99.   Effective  date.  This Act takes effect on
11    July 1, 2004.