99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3815

 

Introduced , by Rep. David Reis

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 60/9  from Ch. 5, par. 809
415 ILCS 60/10  from Ch. 5, par. 810
415 ILCS 60/11.1  from Ch. 5, par. 811.1
415 ILCS 60/12  from Ch. 5, par. 812
415 ILCS 60/13  from Ch. 5, par. 813

    Amends the Illinois Pesticide Act. Provides that a licensed commercial applicator shall 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. Makes changes to license and registration fees. Makes changes to the license and registration terms.


LRB099 10702 MGM 30977 b

 

 

A BILL FOR

 

HB3815LRB099 10702 MGM 30977 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pesticide Act is amended by
5changing Sections 9, 10, 11.1, 12, and 13 as follows:
 
6    (415 ILCS 60/9)  (from Ch. 5, par. 809)
7    Sec. 9. Licenses and pesticide dealer registrations
8requirements; certification.
9    (1) Licenses and pesticide dealer registrations issued
10pursuant to this Act as a result of certification attained in
11calendar year 2016 or earlier shall be valid for the calendar
12one year in which they were issued, except that private
13applicator licenses shall be valid for the calendar year in
14which it was issued plus 2 additional calendar years 3 years.
15All licenses and pesticide dealer registrations shall expire on
16December 31 of the year in which it is to expire. A license or
17pesticide dealer registration in effect on the 31st of
18December, for which renewal has been made within 60 days
19following the date of expiration, shall continue in full force
20and effect until the Director notifies the applicant that
21renewal has been approved and accepted or is to be denied in
22accordance with this Act. The Director shall not issue a
23license or pesticide dealer registration to a first time

 

 

HB3815- 2 -LRB099 10702 MGM 30977 b

1applicant or to a person who has not made application for
2renewal on or before March 1 following the expiration date of
3the license or pesticide dealer registration until such
4applicant or person has been certified by the Director as
5having successfully demonstrated competence and knowledge
6regarding pesticide use. The Director shall issue a license or
7pesticide dealer registration to a person that made application
8after March 1 and before April 15 if that application is
9accompanied by a late application fee. A licensee or pesticide
10dealer shall be required to be recertified for competence and
11knowledge regarding pesticide use at least once every 3 years
12and at such other times as deemed necessary by the Director to
13assure a continued level of competence and ability. The
14Director shall by regulation specify the standard of
15qualification for certification and the manner of establishing
16an applicant's competence and knowledge. A certification shall
17remain valid only if an applicant attains licensure or
18pesticide dealer registration during the calendar year in which
19certification was granted and the licensure is maintained
20throughout the 3-year certification period.
21    (2) Multi-year licenses and pesticide dealer registrations
22issued pursuant to this Act as a result of certification
23attained in calendar year 2017 or thereafter shall be valid for
24the calendar year in which they were issued plus 2 additional
25calendar years. All licenses and pesticide dealer
26registrations shall expire on December 31 of the year in which

 

 

HB3815- 3 -LRB099 10702 MGM 30977 b

1they are to expire. A license or pesticide dealer registration
2in effect on the 31st of December, for which recertification
3and licensure has been made within 60 days following the date
4of expiration, shall continue in full force and effect until
5the Director notifies the applicant that recertification and
6licensure has been approved and accepted or is to be denied in
7accordance with this Act. A licensee or pesticide dealer shall
8be recertified for competence and knowledge regarding
9pesticide use at least once every 3 years and at such other
10times as deemed necessary by the Director to assure a continued
11level of competence and ability. The Director shall specify by
12rule the standard of qualification for certification and the
13manner of establishing an applicant's competence and
14knowledge. A certification shall remain valid only if an
15applicant attains licensure or pesticide dealer registration
16during the calendar year in which certification was granted and
17the licensure is maintained throughout the 3-year
18certification period.
19    (3) The Director may refuse to issue a license or pesticide
20dealer registration based upon the violation history of the
21applicant.
22(Source: P.A. 98-923, eff. 1-1-15.)
 
23    (415 ILCS 60/10)  (from Ch. 5, par. 810)
24    Sec. 10. Commercial Applicator License. No commercial
25applicator shall use or supervise the use of any pesticide

 

 

HB3815- 4 -LRB099 10702 MGM 30977 b

1without a commercial license issued by the Director. For the
2years preceding the year 2001, the Director shall require an
3annual fee for commercial applicator license of $35. For the
4years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee
5for a commercial applicator license is $45. For the years 2007
6and thereafter, the annual fee for a commercial applicator
7license is $60. Notwithstanding the other provisions of this
8Section, beginning with the 2017 calendar year, the fee for a
9multi-year commercial applicator license shall be $180. The
10late application fee for a commercial applicator license shall
11be $20 in addition to the normal license fee. A commercial
12applicator shall be assessed a fee of $10 $5 for a duplicate
13license.
14    1. Application for the commercial applicator license shall
15be made in writing on designated forms available from the
16Director. Each application shall contain information regarding
17the applicants qualifications, nature of the proposed
18operation, classification of license being sought, and shall
19include the following:
20        A. The full name of the applicant.
21        B. The address of the applicant.
22        C. Any necessary information prescribed by the
23    Director on the designated application form.
24    2. An applicant for a license shall demonstrate competence
25and knowledge regarding pesticide use in accordance with
26Section 9 of this Act.

 

 

HB3815- 5 -LRB099 10702 MGM 30977 b

1    3. A licensed commercial applicator shall must provide to
2the Director at the time of original licensing and shall
3maintain throughout the licensure period license renewal
4evidence of financial responsibility protecting persons who
5may suffer personal injury or property damage or both as a
6result of the pesticide operation of the applicant in either of
7the following manners:
8        A. Evidence of responsibility may be provided in the
9    form of a surety bond for each licensed commercial
10    applicator naming the licensed commercial applicator as
11    principal of the bond. The amount of the bond shall be not
12    less than $50,000 per year. It is permissible to provide
13    two bonds; one for $25,000 for bodily injury liability and
14    the second for $25,000 for property damage liability. The
15    bond or bonds shall be made payable to the Director of
16    Agriculture, State of Illinois, for the benefit of the
17    injured party and shall be conditioned upon compliance with
18    the provisions of this Act by the principal, his or her
19    officers, representatives and employees; or
20        B. Evidence of responsibility may be provided in the
21    form of a certificate of liability insurance providing
22    coverage for each licensed commercial applicator or
23    licensed entity in the amount of not less than $50,000 per
24    person, $100,000 per occurrence bodily injury liability
25    coverage, with an annual aggregate of not less than
26    $500,000, and $50,000 per occurrence property damage

 

 

HB3815- 6 -LRB099 10702 MGM 30977 b

1    liability, with an annual aggregate of not less than
2    $50,000; or, in lieu thereof, a combined single limit of
3    not less than $100,000 bodily injury and property damage
4    liability combined, with an annual aggregate of not less
5    than $500,000.
6    4. Every insurance policy or bond shall contain a provision
7that it will not be cancelled or reduced by the principal or
8insurance company, except upon 30 days prior notice in writing
9to the Director of the Department at the Springfield, Illinois
10office and the principal insured. A reduction or cancellation
11of policy shall not affect the liability accrued or which may
12accrue under such policy before the expiration of the 30 days.
13The notice shall contain the termination date. Upon said
14reduction or cancellation, the Director shall immediately
15notify the licensee that his or her license will be suspended
16and the effective date until the minimum bond or liability
17insurance requirements are met by the licensee for the current
18license period.
19    5. Nothing in this Act shall be construed to relieve any
20person from liability for any damage to persons or property
21caused by use of pesticides even though such use conforms to
22label instructions and pertinent rules and regulations of this
23State.
24    6. The Director may renew any applicant's license in the
25classifications for which such applicant is licensed, subject
26to requalification requirements imposed by the Director.

 

 

HB3815- 7 -LRB099 10702 MGM 30977 b

1Requalification standards shall be prescribed by regulations
2adopted pursuant to this Act and are required to ensure that
3the licensed commercial applicator meets the requirements of
4changing technology and to assure a continued level of
5competence and ability.
6    7. The Director may limit the license of an applicant to
7allow only the use of certain pesticides in a delimited
8geographic area, or to the use of certain application
9techniques or equipment. If a license is not issued as applied
10for, the Director shall inform the applicant in writing of the
11reasons and extend an opportunity for the applicant to complete
12the requirements for the license desired.
13    8. For the purpose of uniformity, the Director may enter
14into agreements for accepting standards of qualification of
15other states as a basis for licensing commercial applicators.
16(Source: P.A. 89-94, eff. 7-6-95; 90-205, eff. 1-1-98.)
 
17    (415 ILCS 60/11.1)  (from Ch. 5, par. 811.1)
18    Sec. 11.1. Public and Commercial Not-for-Hire License. No
19public or commercial not-for-hire applicator shall use or
20supervise the use of any pesticide without a license issued by
21the Director. For the years 2011 and thereafter, the public or
22commercial not-for-hire pesticide applicator license fee shall
23be $20. Notwithstanding the other provisions of this Section,
24beginning with the 2017 calendar year, the fee for a multi-year
25public or commercial not-for hire pesticide applicator license

 

 

HB3815- 8 -LRB099 10702 MGM 30977 b

1shall be $60. The late application fee for a public or
2commercial not-for-hire applicator license shall be $20 in
3addition to the normal license fees. A public or commercial
4not-for-hire applicator shall be assessed a fee of $10 $5 for a
5duplicate license.
6    1. Application for certification as a commercial
7not-for-hire pesticide applicator shall be made in writing on
8designated forms available from the Director. Each application
9shall contain information regarding the qualifications of the
10applicant, classification of certification being sought, and
11shall include the following:
12        A. The full name of the applicant.
13        B. The name of the applicant's employer.
14        C. The address at the applicant's place of employment.
15        D. Any other information prescribed by the Director on
16    the designated form.
17    2. The Director shall not issue a certification to a
18commercial not-for-hire pesticide applicator until the
19individual identified has demonstrated his competence and
20knowledge regarding pesticide use in accordance with Section 9
21of this Act.
22    3. The Director shall not renew a certification as a
23commercial not-for-hire pesticide applicator until the
24applicant reestablishes his qualifications in accordance with
25Section 9 of this Act or has met other requirements imposed by
26regulation in order to ensure that the applicant meets the

 

 

HB3815- 9 -LRB099 10702 MGM 30977 b

1requirements of changing technology and to assure a continued
2level of competence and ability.
3    4. Application for certification as a public pesticide
4applicator shall be made in writing on designated forms
5available from the Director. Each application shall contain
6information regarding qualifications of applicant,
7classification of certification being sought, and shall
8include the following:
9        A. The full name of the applicant.
10        B. The name of the applicant's employer.
11        C. Any other information prescribed by the Director on
12    the designated form.
13    5. The Director shall not issue a certificate to a public
14pesticide applicator until the individual identified has
15demonstrated his competence and knowledge regarding pesticide
16use in accordance with Section 9 of this Act.
17    6. The Director shall not renew a certification as a public
18pesticide applicator until the applicant reestablishes his
19qualifications in accordance with Section 9 of this Act or has
20met other requirements imposed by regulation in order to ensure
21that the applicant meets the requirements of changing
22technology and to assure a continued level of competence and
23ability.
24    7. Persons applying general use pesticides, approved by the
25Inter-Agency Committee on the Use of Pesticides, to scrap tires
26for the control of mosquitoes shall be exempt from the license

 

 

HB3815- 10 -LRB099 10702 MGM 30977 b

1requirements of this Section.
2(Source: P.A. 96-1310, eff. 7-27-10.)
 
3    (415 ILCS 60/12)  (from Ch. 5, par. 812)
4    Sec. 12. Licensed Operator. No pesticide operator shall use
5any pesticides without a pesticide operator license issued by
6the Director.
7    1. Application for an operator license shall be made in
8writing on designated forms available from the Director. Each
9application shall contain information regarding the nature of
10applicants pesticide use, his qualifications, and such other
11facts as prescribed on the form. The application shall also
12include the following:
13        A. The full name of applicant.
14        B. The address of the applicant.
15        C. The name of and license/certification number of the
16    pesticide applicator under whom the applicant will work.
17    2. The Director shall not issue a pesticide operator
18license until the individual identified has demonstrated his
19competence and knowledge regarding pesticide use in accordance
20with Section 9 of this Act.
21    3. The Director shall not issue an operator license to any
22person who is unable to provide the name and
23license/certification number of an applicator under whom the
24operator will work.
25    4. For the years preceding the year 2001, a licensed

 

 

HB3815- 11 -LRB099 10702 MGM 30977 b

1commercial operator working for or under the supervision of a
2certified licensed commercial pesticide applicator shall pay
3an annual fee of $25. For the years 2001, 2002, and 2003, the
4annual fee for a commercial operator license is $30. For the
5years 2004, 2005, and 2006, the annual fee for a commercial
6operator license is $35. For the years 2007 and thereafter, the
7annual fee for a commercial operator license is $40.
8Notwithstanding the other provisions of this paragraph,
9beginning with the 2017 calendar year, the fee for a multi-year
10commercial operator license shall be $120. The late application
11fee for an operator license shall be $20 in addition to the
12normal license fee. A licensed operator shall be assessed a fee
13of $10 $5 for a duplicate license.
14    5. For the years 2011 and thereafter, the public or
15commercial not-for-hire pesticide operator license fee shall
16be $15. Notwithstanding the other provisions of this paragraph,
17beginning with the 2017 calendar year, the fee for a multi-year
18commercial not-for-hire pesticide operator license fee shall
19be $45. The late application fee for a public or commercial
20not-for-hire applicator license shall be $20 in addition to the
21normal license fees. A public or commercial not-for-hire
22operator shall be assessed a fee of $10 $5 for a duplicate
23license.
24(Source: P.A. 96-1310, eff. 7-27-10.)
 
25    (415 ILCS 60/13)  (from Ch. 5, par. 813)

 

 

HB3815- 12 -LRB099 10702 MGM 30977 b

1    Sec. 13. Pesticide dealers. Any pesticide dealer who sells
2Restricted Use pesticides shall be registered with the
3Department on forms provided by the Director. Beginning July 1,
42005, any pesticide dealer that sells non-restricted use
5pesticides for use in the production of an agricultural
6commodity in containers with a capacity of 2.5 gallons or
7greater or 10 pounds or greater must also register with the
8Department on forms provided by the Director. Registration
9shall consist of passing a required examination and payment of
10a $100 registration fee. Notwithstanding the other provisions
11of this Section, beginning with the 2017 calendar year, the
12pesticide dealer registration fee for a multi-year
13registration period shall be $300. The late application fee for
14a pesticide dealer registration shall be $20 in addition to the
15normal pesticide dealer registration fee. A pesticide dealer
16shall be assessed a fee of $10 $5 for a duplicate registration.
17    Dealers who hold a Structural Pest Control license with the
18Illinois Department of Public Health or a Commercial
19Applicator's license with the Illinois Department of
20Agriculture are exempt from the registration fee but must
21register with the Department.
22    Each place of business which sells restricted use
23pesticides or non-restricted pesticides for use in the
24production of an agricultural commodity in containers with a
25capacity of 2.5 gallons or greater or 10 pounds or greater
26shall be considered a separate entity for the purpose of

 

 

HB3815- 13 -LRB099 10702 MGM 30977 b

1registration.
2    Registration as a pesticide dealer shall expire on December
331 of the each year in which it is to expire. Pesticide dealers
4shall be certified in accordance with Section 9 of this Act.
5    The Director may prescribe, by rule, requirements for the
6registration and testing of any pesticide dealer selling other
7than restricted use pesticides and such rules shall include the
8establishment of a registration fee in an amount not to exceed
9the pesticide dealer registration fee.
10    The Department may refuse to issue or may suspend the
11registration of any person who fails to file a return, or to
12pay the tax, penalty, or interest shown in a filed return, or
13to pay any final assessment of tax, penalty, or interest, as
14required by any tax Act administered by the Illinois Department
15of Revenue, until such time as the requirements of any such tax
16Act are satisfied.
17(Source: P.A. 94-60, eff. 6-20-05.)