Illinois General Assembly - Illinois Compiled Statutes

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415 ILCS 60/10

(415 ILCS 60/10) (from Ch. 5, par. 810)

Sec. 10. Commercial applicator license.

No commercial
applicator
shall use or supervise the use of any pesticide without a commercial
license issued by the Director.  For the years preceding the year 2001, the
Director shall require an annual
fee for commercial applicator license of $35.
For the years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee for a
commercial applicator license is $45.  For the years 2007 through 2017, the
annual fee for a commercial applicator license is $60. For the years 2018 through 2023, the fee for a multi-year commercial applicator license is $180. For the years 2024 and thereafter, the fee for a multi-year commercial applicator license is $240.  The late application
fee for a
commercial applicator license shall be $20 in
addition to the normal license fee. A commercial applicator shall be assessed
a fee of $10 for a duplicate license.

1. Application for the commercial applicator license shall be made
in writing on designated forms available from the Director.  Each
application shall contain information regarding the applicants
qualifications, nature of the proposed operation, classification of
license being sought, and shall include the following:

A. The full name of the applicant.

B. The address of the applicant.

C. Any necessary information prescribed by the

Director on the designated application form.

2. An applicant for a license shall demonstrate competence and
knowledge regarding pesticide use in accordance with Section 9 of this Act.

3. A licensed commercial applicator must provide to the Director at
the time of original licensing and must maintain throughout the licensure period evidence of financial
responsibility protecting persons who may suffer personal injury or property
damage or both as a result of the pesticide operation of the applicant in
either of the following manners:

A. Evidence of responsibility may be provided in the

form of a surety bond for each licensed commercial applicator naming the licensed commercial applicator as principal of the bond.  The amount of the bond shall be not less than $50,000 per year.  It is permissible to provide two bonds; one for $25,000 for bodily injury liability and the second for $25,000 for property damage liability.  The bond or bonds shall be made payable to the Director of Agriculture, State of Illinois, for the benefit of the injured party and shall be conditioned upon compliance with the provisions of this Act by the principal, his or her officers, representatives and employees; or

B. Evidence of responsibility may be provided in the

form of a certificate of liability insurance providing coverage for each licensed commercial applicator or licensed entity in the amount of not less than $50,000 per person, $100,000 per occurrence bodily injury liability coverage, with an annual aggregate of not less than $500,000, and $50,000 per occurrence property damage liability, with an annual aggregate of not less than $50,000; or, in lieu thereof, a combined single limit of not less than $100,000 bodily injury and property damage liability combined, with an annual aggregate of not less than $500,000.

4. Every insurance policy or bond shall contain a provision that it
will not be cancelled or reduced by the principal or insurance company,
except upon 30 days prior notice in writing to the Director of the Department
at the Springfield, Illinois office and the principal insured.  A reduction
or cancellation of policy shall not affect the liability accrued or which
may accrue under such policy before the expiration of the 30 days.  The
notice shall contain the termination date.  Upon said reduction or
cancellation, the Director shall immediately notify the licensee that his
or her license will be suspended and the effective date until the minimum
bond or liability insurance requirements are met by the licensee for the
current license period.

5. Nothing in this Act shall be construed to relieve any person from
liability for any damage to persons or property caused by use of
pesticides even though such use conforms to label instructions and
pertinent rules and regulations of this State.

6. The Director may renew any applicant's license in the
classifications for which such applicant is licensed, subject to
requalification requirements imposed by the Director.  Requalification
standards shall be prescribed by regulations adopted pursuant to this
Act and are required to ensure that the licensed commercial applicator
meets the requirements of changing technology and to assure a continued
level of competence and ability.

7. The Director may limit the license of an applicant to allow only
the use of certain pesticides in a delimited geographic area, or to the
use of certain application techniques or equipment.  If a license is not
issued as applied for, the Director shall inform the applicant in
writing of the reasons and extend an opportunity for the applicant to
complete the requirements for the license desired.

8. For the purpose of uniformity, the Director may enter into
agreements for accepting standards of qualification of other states as a
basis for licensing commercial applicators.

(Source: P.A. 103-441, eff. 1-1-24.)