ORIGINAL HOUSE ENGROSSED

BILL NO. 0028

ENROLLED ACT NO. 15, HOUSE OF REPRESENTATIVES

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

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

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

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

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

(a) Any commercial applicator licensed under W.S.
35-7-359 or any other person shall provide notification
required by this section of the application of any
pesticide as defined under W.S. 35-7-354(d) which is
applied on or within any building or other real property
used by a school district primarily for the education of
students, including any property used by the district for
student activities or playgrounds. Notice under this
subsection shall be provided to the district not less than
seventy-two (72) hours prior to application and the
district shall further notify students, teachers and staff.
All notices distributed under this subsection shall be
marked with a distribution date and include information
indicating date of application, location of application or
treatment area, pest to be controlled, name and type of
pesticide to be applied and a contact for additional
information. All notices distributed under this subsection
shall be retained by the school or school district for two
(2) years.

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(b) In addition to notice required under subsection
(a) of this section, the licensed commercial applicator or
other school employee applying pesticides shall post signs
on the school building or property stating the date of
application, the location of the application or treatment
area, the name and type of the pesticide to be applied and
a contact for additional information. Upon request, the
licensed commercial applicator or other school employee
shall provide information on how to obtain additional
information on the pesticide. Not less than twelve (12)
hours before application of pesticides within school
buildings, signs shall be posted at main entrances to
school buildings and at the entrances to the specific
application area within buildings. If pesticide application
is made outdoors to any area adjacent to a school building
or on property used by the district for student activities
or playgrounds, signs shall be posted immediately adjacent
to the treated area and at the entrance to the district
property. The signs shall remain posted for seventy-two
(72) hours.

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

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

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

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

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

35-7-366. Penalties.

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

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

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

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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