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(Section scheduled to be repealed on January 1, 2007)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.