Public Act 93-0381

SB1079 Enrolled                      LRB093 10827 AMC 11282 b

    AN ACT concerning child care facilities.

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

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

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

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

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    (Section scheduled to be repealed on January 1, 2007)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

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

    (225 ILCS 235/10.2) (from Ch. 111 1/2, par. 2210.2)
    (Section scheduled to be repealed on January 1, 2007)
    Sec. 10.2.  Integrated pest management guidelines.
    (a)  The  Department  shall  prepare  guidelines  for  an
integrated   pest  management  program  for  structural  pest
control  practices  at  school  buildings  and  other  school
facilities and day care centers.  Such  guidelines  shall  be
made  available  to  schools, day care centers and the public
upon request.
    (b)  When economically feasible, each school and day care
center is required to adopt  an  integrated  pest  management
program  that  incorporates  the  guidelines developed by the
Department. If adopting an integrated pest management program
would not be economically feasible because it would result in
an increase in the school's or day care center's pest control
cost, the school district or day  care  center  must  provide
written  notification  to  the  Department.  The notification
must include projected pest control costs for the term of the
pest control program and  projected  costs  for  implementing
integrated  pest  management  for that same time period.  The
Department shall make  this  notification  available  to  the

general  public  upon request.  In implementing an integrated
pest management program, a school or day care center employee
should  be  designated  to  assume  responsibility  for   the
oversight  of pest management practices in that school or day
care center and for recordkeeping requirements.
    (c)  The Structural Pest Control Advisory  Council  shall
assist  the  Department  in  developing  the  guidelines  for
integrated  pest  management  programs.   In  developing  the
guidelines,   the  Council  shall  consult  with  individuals
knowledgeable in the area of integrated pest management.
    (d)  The  Department,  with   the   assistance   of   the
Cooperative  Extension  Service  and other relevant agencies,
may prepare a training program for school or day care  center
pest control specialists.
(Source: P.A. 91-525, eff. 8-1-00.)

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

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