HB0028 - Pesticides in schools.
|
2001 |
State of Wyoming |
01LSO-0319 |
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.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 35-7-375 is created to read:
11
12 35-7-375. Required notification of
pesticide
13 application on or within school buildings.
14
15 (a) Any
commercial or private applicator licensed
16 under W.S. 35-7-359 or any other person
shall provide
17 notification required by this section of the
application of
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1 any
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.
8
9 (b) In addition
to notice required under subsection
10 (a) of this section, the licensed applicator
or other
11 person applying pesticides shall post signs
on the school
12 building or property stating the date of
application, the
13 location of the application and the name of
the pesticide
14 to be applied. Upon request, the applicator
or other person
15 shall provide information on how to obtain
additional
16 information on the pesticide. Not less than
twelve (12)
17 hours before application of pesticides
within school
18 buildings and for at least seventy-two (72)
hours after
19 application, signs shall be posted at main
entrances to
20 school buildings and at the entrances to the
specific
21 application area within buildings. If
pesticide application
22 is made outdoors to any area adjacent to a
school building
23 or on property used by the district for
student activities
24 or playgrounds, signs shall be posted
immediately adjacent
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1 to
the treated area and at the entrance to the district
2
property. The signs shall remain posted for seventy-two
3
(72) hours.
4
5 Section
2. W.S. 21-3-111(a) by creating a new
6
paragraph (xvix) and 35-7-366(a) and (b) are amended to
7
read:
8
9 21-3-111. Powers of boards of trustees.
10
11 (a) The board
of trustees in each school district
12 within the state may:
13
14 (xvix) Establish a policy for the use of
15 pesticides
in or on
school buildings and facilities which
16 maximizes
the use of naturally occurring or
least toxic
17 pest
control methods.
18
19 35-7-366. Penalties.
20
21 (a) Any person
violating any provision of W.S.
22 35-7-350 through 35-7-374
23 is guilty of a misdemeanor and upon
conviction shall be
24 fined not more than five hundred dollars
($500.00) or
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1
imprisoned in the county jail for not more than one (1)
2
year, or both, for the first offense, and upon conviction
3 for
a subsequent offense shall be fined not more than one
4
thousand dollars ($1,000.00) or imprisoned in the county
5
jail for not more than one (1) year, or both. Any offense
6
committed more than three (3) years after a previous
7
conviction shall be considered a first offense.
8
9 (b) The
director may bring an action to enjoin the
10 violation or threatened violation of any
provision or any
11 regulation made pursuant to W.S. 35-7-350
through 35-7-374
12 35-7-376
in a court of competent jurisdiction of the county
13 in which the violation occurs or is about to
occur. The
14 action may be initiated by the attorney
general or the
15 district attorney for the county in which
the violation has
16 or is about to occur.
17
18 Section 3. This act is effective July 1, 2001.
19
20 (END)
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