Introduced Version






HOUSE BILL No. 1250

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 15-3-3.7.

Synopsis: School pest control policy. Requires the governing body of a public school or nonpublic school to adopt and implement policies and procedures designed to effectively control pests and minimize potential exposure of children to pesticides in school buildings. Authorizes the state chemist to adopt rules for public and private schools and licensed day care centers concerning the use of pesticides.

Effective: July 1, 2001.





Avery




    January 9, 2001, read first time and referred to Committee on Education.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

HOUSE BILL No. 1250



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 15-3-3.7; (01)IN1250.1.1. -->     SECTION 1. IC 15-3-3.7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
    Chapter 3.7. Pesticide Use in Public and Private Schools and Day Care Centers
    Sec. 1. As used in this chapter, "certified applicator" has the meaning set forth in IC 15-3-3.6-2 (5).
    Sec. 2. As used in this chapter, "facility" means the following:
        (1) A public school.
        (2) A nonpublic school.
    Sec. 3. As used in this chapter, "governing body" means the following:
        (1) The governing body
(as defined in IC 20-10.1-1-5 ) of a public school.
        (2) The governing body
(as defined in IC 20-10.1-1-5 ) of a nonpublic school.
    Sec. 4. As used in this chapter, "nonpublic school" has the

meaning set forth in IC 20-10.1-1-3.
    Sec. 5. As used in this chapter, "parent":
        (1) has the meaning set forth in IC 29-3-1-11 ; and
        (2) includes a guardian (as defined in IC 29-3-1-6 ).
    Sec. 6. (a) As used in this chapter, "pesticide" has the meaning set forth in IC 15-3-3.5-2 (23).
    (b) The term excludes:
        (1) an antimicrobial agent used in normal cleaning activities, including:
            (A) a disinfectant;
            (B) a germicide;
            (C) a bactericide;
            (D) a sanitizing agent;
            (E) a water purifier; and
            (F) a swimming pool chemical;
        (2) personal insect repellant when self-applied;
        (3) an ectoparasite control product administered by a:
            (A) qualified health professional to a human; or
            (B) veterinarian to an animal; and
        (4) a:
            (A) gel bait; or
            (B) manufactured enclosed insecticide;
        to which students do not have access.
    Sec. 7. As used in this chapter, "public school" has the meaning set forth in IC 20-10.1-1-2.
    Sec. 8. As used in this chapter, "staff member" means an employee of a facility. The term includes administrators, teachers, and other support personnel.
    Sec. 9. (a) The governing body of a facility shall adopt and implement policies and procedures for the facility designed to:
        (1) effectively control pests; and
        (2) minimize potential exposure of children to pesticides.
    (b) The policies and procedures adopted under subsection (a)
must ensure the following:
        (1) That pesticides are used only by:
            (A) a certified applicator; or
            (B) an individual operating under the supervision of a certified applicator trained to properly use pesticides under the policies, procedures, and rules adopted under this chapter.
        (2) That pesticides are not used in areas:
            (A) when children are present; or


            (B) where children are likely to be exposed to a liquid pesticide residue.
        (3) That nonchemical pest control is used whenever practical.
        (4) That the pesticide used is the least toxic pesticide that effectively controls the pest.
        (5) That the application method used results in the lowest exposure of people to the pesticide during and after the application.
        (6) That children at the facility, their parents, and staff members at the facility are provided with:
            (A) a written copy of the facility's pest control policy; and
            (B) the name and telephone number of the facility's contact person for pest control information.
        (7) That parents of children at the facility and staff members at the facility are provided with a request form to be placed on a registry to receive advance notice of pesticide use at the facility.
        (8) That the governing body of the facility establishes and maintains a registry of:
            (A) parents and staff members who request advance notice of pesticide use at the facility; and
            (B) the facility's health care professionals.
        (9) That persons on the registry established under subdivision (8) receive advance notice of pesticide use, except when pesticide use without advance notice is needed because the pest:
            (A) poses an immediate health threat; or
            (B) threatens to disrupt a normal learning environment.
        (10) That when advance notice of pesticide use is not provided, persons on the registry established under subdivision (8) are notified as soon as possible of:
            (A) the reason for the delayed notice; and
            (B) the pesticide used.
        (11) That advance notice of pesticide use at the facility is delivered in the manner determined by the governing body of the facility to be most effective to reach the people on the registry established under subdivision (8).
        (12) That, at a minimum, advance notice of pesticide use at the facility includes the:
            (A) anticipated date of the pesticide application;
            (B) general location of the pesticide application; and
            (C) telephone number that parents and staff members can

use to contact the facility for more information.
        (13) That pesticides owned by the facility are kept in their original container in a locked area that is:
            (A) clearly marked as containing:
                (i) pesticides; or
                (ii) hazardous materials; and
            (B) separated from rooms used:
                (i) by children; or
                (ii) for consumption or storage of food.
        (14) That restricted use pesticides are not stored at a facility.
    Sec. 10. The state chemist:
        (1) shall administer this chapter; and
        (2) may enforce compliance by applying for a temporary or permanent injunction, as provided in IC 15-3-3-15 (c), of:
            (A) this chapter; or
            (B) a rule adopted under section 11 of this chapter.
    Sec. 11. (a) The state chemist may adopt rules under IC 4-22-2 that prescribe policies and procedures concerning the use of pesticides in:
        (1) facilities; and
        (2) day care centers licensed under IC 12-17.2.
    (b) Rules adopted under subsection (a) must be:
        (1) designed to effectively control pests; and
        (2) designed to minimize potential exposure of children to pesticides.
    (c) If the United States Environmental Protection Agency adopts rules providing information regarding the hazards or composition of inert ingredients in pesticides, the state chemist shall revise its rules adopted under subsection (a) to require advance notice to parents, students, and staff regarding the inert ingredients and the active ingredients in pesticides to be used in facilities.