State of Illinois
91st General Assembly
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91_SB0529sam002

 










                                           LRB9105046LDmbam02

 1                    AMENDMENT TO SENATE BILL 529

 2        AMENDMENT NO.     .  Amend Senate Bill 529,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Structural Pest Control Act  is  amended
 6    by  changing Sections 2, 3, and 10.2 and adding Sections 3.26
 7    and 10.3 as follows:

 8        (225 ILCS 235/2) (from Ch. 111 1/2, par. 2202)
 9        Sec. 2.  Legislative intent.  It is declared  that  there
10    exists  and  may  in  the  future  exist  within the State of
11    Illinois locations where  pesticides  are  received,  stored,
12    formulated  or prepared and subsequently used for the control
13    of structural pests, and improper selection, formulation  and
14    application  of  pesticides  may  adversely affect the public
15    health and general welfare.
16        It  is  further  established  that  the  use  of  certain
17    pesticides is restricted or may in the future  be  restricted
18    to  use only by or under the supervision of persons certified
19    in accordance with this Act.
20        It is  recognized  that  pests  can  best  be  controlled
21    through  an  integrated pest management program that combines
22    preventive techniques, nonchemical pest control methods,  and
 
                            -2-            LRB9105046LDmbam02
 1    the   appropriate  use  of  pesticides  with  preference  for
 2    products that are the least harmful to human health  and  the
 3    environment.   Integrated  pest management is a good practice
 4    in the management of pest populations, and it is  prudent  to
 5    employ  pest  control strategies that are the least hazardous
 6    to human health and the environment.
 7        Therefore, the purpose of this Act is to protect, promote
 8    and  preserve  the  public  health  and  general  welfare  by
 9    providing for the  establishment  of  minimum  standards  for
10    selection,   formulation   and   application   of  restricted
11    pesticides and to provide for  the  licensure  of  commercial
12    structural  pest  control  businesses,  the  registration  of
13    persons  who  own  or  operate non-commercial structural pest
14    control locations where restricted pesticides are  used,  and
15    the certification of pest control technicians.
16        It  is  also  the purpose of this Act to reduce economic,
17    health, and environmental risks by  promoting  encourage  the
18    use of integrated pest management for structural pest control
19    in   schools,   by   making  guidelines  on  integrated  pest
20    management available to schools.
21    (Source: P.A. 87-1106.)

22        (225 ILCS 235/3) (from Ch. 111 1/2, par. 2203)
23        Sec. 3.  Definitions.)  As used in this Act,  unless  the
24    context  otherwise  requires, the terms specified in Sections
25    3.01 through 3.26 3.24 have the meanings ascribed to them  in
26    those Sections.
27    (Source: P.A. 83-825.)

28        (225 ILCS 235/3.26 new)
29        Sec. 3.26.  "School" means any structure used as a public
30    school in this State.

31        (225 ILCS 235/10.2) (from Ch. 111 1/2, par. 2210.2)
 
                            -3-            LRB9105046LDmbam02
 1        Sec. 10.2.  Integrated pest management guidelines.
 2        (a)  The  Department  shall  prepare  guidelines  for  an
 3    integrated   pest  management  program  for  structural  pest
 4    control  practices  at  school  buildings  and  other  school
 5    facilities.  Such  guidelines  shall  be  made  available  to
 6    schools and the public upon request.
 7        (b)  When  economically feasible, each school is required
 8    encouraged to adopt an  integrated  pest  management  program
 9    that incorporates the guidelines developed by the Department.
10    If  adopting  an integrated pest management program would not
11    be economically  feasible  because  it  would  result  in  an
12    increase  in  the  school's  pest  control  cost,  the school
13    district must provide written notification to the Department.
14    The notification must include projected  pest  control  costs
15    for  the term of the pest control program and projected costs
16    for implementing integrated pest  management  for  that  same
17    time  period.   The  Department  shall make this notification
18    available to the general public upon request. In implementing
19    an  integrated  pest  management  program,  a  pest   control
20    specialist should be designated and that person should assume
21    responsibility for the oversight of pest management practices
22    in that school and for recordkeeping requirements.
23        (c)  The  Structural  Pest Control Advisory Council shall
24    assist  the  Department  in  developing  the  guidelines  for
25    integrated  pest  management  programs.   In  developing  the
26    guidelines,  the  Council  shall  consult  with   individuals
27    knowledgeable in the area of integrated pest management.
28        (d)  The   Department,   with   the   assistance  of  the
29    Cooperative Extension Service and  other  relevant  agencies,
30    may  prepare  a  training  program  for  school  pest control
31    specialists.
32    (Source: P.A. 87-1106.)

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

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.".

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