093_SB1079sam003

 










                                     LRB093 10827 AMC 14114 a

 1                    AMENDMENT TO SENATE BILL 1079

 2        AMENDMENT NO.     .  Amend Senate Bill 1079, AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

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

 7        (225 ILCS 10/5.6 new)
 8        Sec. 5.6.  Pesticide application at day care centers.
 9        (a)  Licensed   day  care  centers  shall  abide  by  the
10    requirements of Sections 10.2 and 10.3 of the Structural Pest
11    Control Act.
12        (b)  Notification required pursuant to  Section  10.3  of
13    the Structural Pest Control Act may not be given more than 30
14    days before the application of the pesticide.
15        (c)  Each  licensed  day  care  center,  subject  to  the
16    requirements  of  Section 10.3 of the Structural Pest Control
17    Act, must ensure that pesticides will  not  be  applied  when
18    children  are  present  at  the  center. Toys and other items
19    mouthed or handled by the children must be removed  from  the
20    area  before pesticides are applied. Children must not return
21    to  the  treated  area  within  2  hours  after  a  pesticide
22    application or as specified on the pesticide label, whichever
 
                            -2-      LRB093 10827 AMC 14114 a
 1    time is greater.

 2        Section 10.  The Structural Pest Control Act  is  amended
 3    by  changing Sections 2, 3, 10.2, and 10.3 and adding Section
 4    3.27 as follows:

 5        (225 ILCS 235/2) (from Ch. 111 1/2, par. 2202)
 6        (Section scheduled to be repealed on January 1, 2007)
 7        Sec. 2.  Legislative intent.  It is declared  that  there
 8    exists  and  may  in  the  future  exist  within the State of
 9    Illinois locations where  pesticides  are  received,  stored,
10    formulated  or prepared and subsequently used for the control
11    of structural pests, and improper selection, formulation  and
12    application  of  pesticides  may  adversely affect the public
13    health and general welfare.
14        It  is  further  established  that  the  use  of  certain
15    pesticides is restricted or may in the future  be  restricted
16    to  use only by or under the supervision of persons certified
17    in accordance with this Act.
18        It is  recognized  that  pests  can  best  be  controlled
19    through  an  integrated pest management program that combines
20    preventive techniques, nonchemical pest control methods,  and
21    the   appropriate  use  of  pesticides  with  preference  for
22    products that are the least harmful to human health  and  the
23    environment.   Integrated  pest management is a good practice
24    in the management of pest populations, and it is  prudent  to
25    employ  pest  control strategies that are the least hazardous
26    to human health and the environment.
27        Therefore, the purpose of this Act is to protect, promote
28    and  preserve  the  public  health  and  general  welfare  by
29    providing for the  establishment  of  minimum  standards  for
30    selection,   formulation   and   application   of  restricted
31    pesticides and to provide for  the  licensure  of  commercial
32    structural  pest  control  businesses,  the  registration  of
 
                            -3-      LRB093 10827 AMC 14114 a
 1    persons  who  own  or  operate non-commercial structural pest
 2    control locations where restricted pesticides are  used,  and
 3    the certification of pest control technicians.
 4        It  is  also  the purpose of this Act to reduce economic,
 5    health, and environmental  risks  by  promoting  the  use  of
 6    integrated  pest  management  for  structural pest control in
 7    schools  and  day  care  centers,  by  making  guidelines  on
 8    integrated pest management available to schools and day  care
 9    centers.
10    (Source: P.A. 91-525, eff. 8-1-00.)

11        (225 ILCS 235/3) (from Ch. 111 1/2, par. 2203)
12        (Section scheduled to be repealed on January 1, 2007)
13        Sec.  3.  Definitions.)   As used in this Act, unless the
14    context otherwise requires, the terms specified  in  Sections
15    3.01  through 3.27 3.26 have the meanings ascribed to them in
16    those Sections.
17    (Source: P.A. 91-525, eff. 8-1-00.)

18        (225 ILCS 235/3.27 new)
19        (Section scheduled to be repealed on January 1, 2007)
20        Sec. 3.27.  "Day care center" means any structure used as
21    a licensed day care center in this State.

22        (225 ILCS 235/10.2) (from Ch. 111 1/2, par. 2210.2)
23        (Section scheduled to be repealed on January 1, 2007)
24        Sec. 10.2.  Integrated pest management guidelines.
25        (a)  The  Department  shall  prepare  guidelines  for  an
26    integrated  pest  management  program  for  structural   pest
27    control  practices  at  school  buildings  and  other  school
28    facilities  and  day  care centers.  Such guidelines shall be
29    made available to schools, day care centers  and  the  public
30    upon request.
31        (b)  When economically feasible, each school and day care
 
                            -4-      LRB093 10827 AMC 14114 a
 1    center  is  required  to  adopt an integrated pest management
 2    program that incorporates the  guidelines  developed  by  the
 3    Department. If adopting an integrated pest management program
 4    would not be economically feasible because it would result in
 5    an increase in the school's or day care center's pest control
 6    cost,  the  school  district  or day care center must provide
 7    written notification to the  Department.    The  notification
 8    must include projected pest control costs for the term of the
 9    pest  control  program  and  projected costs for implementing
10    integrated pest management for that same  time  period.   The
11    Department  shall  make  this  notification  available to the
12    general public upon request.  In implementing  an  integrated
13    pest management program, a school or day care center employee
14    should   be  designated  to  assume  responsibility  for  the
15    oversight of pest management practices in that school or  day
16    care center and for recordkeeping requirements.
17        (c)  The  Structural  Pest Control Advisory Council shall
18    assist  the  Department  in  developing  the  guidelines  for
19    integrated  pest  management  programs.   In  developing  the
20    guidelines,  the  Council  shall  consult  with   individuals
21    knowledgeable in the area of integrated pest management.
22        (d)  The   Department,   with   the   assistance  of  the
23    Cooperative Extension Service and  other  relevant  agencies,
24    may  prepare a training program for school or day care center
25    pest control specialists.
26    (Source: P.A. 91-525, eff. 8-1-00.)

27        (225 ILCS 235/10.3)
28        (Section scheduled to be repealed on January 1, 2007)
29        Sec. 10.3.  Notification.  School districts and day  care
30    centers  must maintain a registry of parents and guardians of
31    students and employees who have registered to receive written
32    notification prior to application  of  pesticides  to  school
33    property  or day care centers or provide written notification
 
                            -5-      LRB093 10827 AMC 14114 a
 1    to  all  parents  and  guardians  of  students  before   such
 2    pesticide  application.  Written notification may be included
 3    in newsletters, bulletins, calendars, or other correspondence
 4    currently published  by  the  school  district  or  day  care
 5    center.   The  written  notification must be given at least 2
 6    business days before application of the pesticide application
 7    and should identify the intended date of the  application  of
 8    the  pesticide  and the name and telephone contact number for
 9    the school or day care center personnel responsible  for  the
10    pesticide  application  program.   Prior written notice shall
11    not be required if there is an imminent threat to  health  or
12    property.  If such a situation arises, the appropriate school
13    or day care center personnel must sign a statement describing
14    the  circumstances  that  gave  rise to the health threat and
15    ensure  that  written  notice  is   provided   as   soon   as
16    practicable.    For  purposes  of  this  Section,  pesticides
17    subject to notification requirements shall not include (i) an
18    antimicrobial agent,  such  as  disinfectant,  sanitizer,  or
19    deodorizer, or (ii) insecticide baits and rodenticide baits.
20    (Source: P.A. 91-525, eff. 8-1-00.)

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