HB0028 - Pesticides in schools.

2001

State of Wyoming

01LSO-0319.E1

ENGROSSED

HOUSE BILL NO. HB0028

Pesticides in schools.

Sponsored by: Representative(s) Hageman

A BILL

for

1 AN ACT relating to Wyoming Environmental Pesticides Control
2 Act; requiring notification of pesticide application in or
3 on school facilities and property; specifying requirements
4 for posting of signs; authorizing school boards to develop
5 policies on pesticide use in or on school facilities; and
6 providing for an effective date.

8 Be It Enacted by the Legislature of the State of Wyoming:

10 Section 1. W.S. 35-7-375 is created to read:

12 35-7-375. Required notification of pesticide
13 application on or within school buildings.

15 (a) Any commercial applicator licensed under W.S.
16 35-7-359 or any other person shall provide notification
17 required by this section of the application of any

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1 pesticide as defined under W.S. 35-7-354(d) which is
2 applied on or within any building or other real property
3 used by a school district primarily for the education of
4 students, including any property used by the district for
5 student activities or playgrounds. Notice under this
6 subsection shall be provided to the district not less than
7 seventy-two (72) hours prior to application and the
8 district shall further notify students, teachers and staff.
9 All notices distributed under this subsection shall be
10 marked with a distribution date and include information
11 indicating date of application, location of application or
12 treatment area, pest to be controlled, name and type of
13 pesticide to be applied and a contact for additional
14 information. All notices distributed under this subsection
15 shall be retained by the school or school district for two
16 (2) years.

18 (b) In addition to notice required under subsection
19 (a) of this section, the licensed commercial applicator or
20 other school employee applying pesticides shall post signs
21 on the school building or property stating the date of
22 application, the location of the application or treatment
23 area, the name and type of the pesticide to be applied and
24 a contact for additional information. Upon request, the

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1 licensed commercial applicator or other school employee
2 shall provide information on how to obtain additional
3 information on the pesticide. Not less than twelve (12)
4 hours before application of pesticides within school
5 buildings, signs shall be posted at main entrances to
6 school buildings and at the entrances to the specific
7 application area within buildings. If pesticide application
8 is made outdoors to any area adjacent to a school building
9 or on property used by the district for student activities
10 or playgrounds, signs shall be posted immediately adjacent
11 to the treated area and at the entrance to the district
12 property. The signs shall remain posted for seventy-two
13 (72) hours.

15 (c) Anti-microbial pesticides defined under W.S.
16 35-7-354(d), such as disinfectants and sanitizers used by
17 school employees for cleaning purposes and insect or rodent
18 bait stations of the type available for home use are
19 exempted from the notification and posting requirements
20 specified in subsections (a) and (b) of this section.

22 Section 2. W.S. 21-3-111(a) by creating a new
23 paragraph (xix) and 35-7-366(a) and (b) are amended to
24 read:

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2 21-3-111. Powers of boards of trustees.

4 (a) The board of trustees in each school district
5 within the state may:

7 (xix) Develop policies and pest control methods
8 to minimize risk to students and employees, school property
9 and the environment.

11 35-7-366. Penalties.

13 (a) Any person violating any provision of W.S.
14 35-7-350 through ~~35-7-~~374~~~~35-7-375 or regulation thereunder
15 is guilty of a misdemeanor and upon conviction shall be
16 fined not more than five hundred dollars ($500.00) or
17 imprisoned in the county jail for not more than one (1)
18 year, or both, for the first offense, and upon conviction
19 for a subsequent offense shall be fined not more than one
20 thousand dollars ($1,000.00) or imprisoned in the county
21 jail for not more than one (1) year, or both. Any offense
22 committed more than three (3) years after a previous
23 conviction shall be considered a first offense.

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1 (b) The director may bring an action to enjoin the
2 violation or threatened violation of any provision or any
3 regulation made pursuant to W.S. 35-7-350 through ~~35-7-~~374~~~~
4 35-7-375 in a court of competent jurisdiction of the county
5 in which the violation occurs or is about to occur. The
6 action may be initiated by the attorney general or the
7 district attorney for the county in which the violation has
8 or is about to occur.

10 Section 3. This act is effective July 1, 2001.

12 (END)

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