Full Text of SB2602 096th General Assembly
SB2602enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Structural Pest Control Act is amended by | 5 |
| changing Sections 3.03, 3.09, 3.11, 4, 5.01, 6, 7, 9, 10.3, 13, | 6 |
| 21, 21.1, and 22 as follows:
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| (225 ILCS 235/3.03) (from Ch. 111 1/2, par. 2203.03)
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| (Section scheduled to be repealed on December 31, 2019)
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| Sec. 3.03. "Person" means any individual, group of | 10 |
| individuals,
association, trust, partnership, corporation, | 11 |
| person doing business
under an assumed name, the State of | 12 |
| Illinois, or department thereof,
any other state-owned and | 13 |
| operated institution, public school, licensed day care center, | 14 |
| or any other entity.
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| (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08 .)
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| (225 ILCS 235/3.09) (from Ch. 111 1/2, par. 2203.09)
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| (Section scheduled to be repealed on December 31, 2019)
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| Sec. 3.09. "Structural Pest Control" means and includes the | 19 |
| on-site
identification of an infestation in, on or under a | 20 |
| structure or the
use of any method or device or the application | 21 |
| of any substance to prevent,
repel, mitigate, curb, control , or | 22 |
| eradicate any structural pest in, on , or under , or around a
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| structure , or within a part of, or materials used in building, | 2 |
| a structure;
the use of any pesticide, including insecticides, | 3 |
| fungicides and other
wood treatment products, attractants, | 4 |
| repellents, rodenticides, fumigants ,
or mechanical devices for | 5 |
| preventing, controlling, eradicating, identifying,
mitigating, | 6 |
| diminishing , or curbing insects, vermin, rats, mice , or other | 7 |
| pests in,
on , or under , or around a structure , or within a part | 8 |
| of, or materials used in
building, a structure; vault
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| fumigation and fumigation of box cars, trucks, ships,
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| airplanes, docks, warehouses , and common carriers or | 11 |
| soliciting to perform
any of the foregoing functions. | 12 |
| Notwithstanding any other law, an applicator who is licensed or | 13 |
| certified under the Illinois Pesticide Act may not engage in | 14 |
| structural pest control as defined in this Act unless the | 15 |
| applicator is also licensed and certified under this Act.
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| (Source: P.A. 85-227; reenacted by P.A. 95-786, eff. 8-7-08 .)
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| (225 ILCS 235/3.11) (from Ch. 111 1/2, par. 2203.11)
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| (Section scheduled to be repealed on December 31, 2019)
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| Sec. 3.11. "Commercial Structural Pest Control Business" | 20 |
| means any
business in the course of which any person performs, | 21 |
| advertises , or contracts to
perform structural pest control | 22 |
| services on property under the ownership
or control of another | 23 |
| in exchange for any consideration .
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| (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08 .)
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| (225 ILCS 235/4) (from Ch. 111 1/2, par. 2204)
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| (Section scheduled to be repealed on December 31, 2019)
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| Sec. 4. Licensing and registration location requirements ) . | 4 |
| (a) It shall be unlawful for any person
to engage in a | 5 |
| commercial structural pest control business at any location
in | 6 |
| this State after October 21, 1977 , or within Illinois from any | 7 |
| location outside of this State, unless such person is licensed | 8 |
| by
the Department. A person shall have a separate license for | 9 |
| each commercial
structural pest control business location. It | 10 |
| shall also be unlawful for
any person to engage in a commercial | 11 |
| pest control business in Illinois from
any location outside | 12 |
| this State unless such person is licensed by this Department.
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| The licensee may use its state identification number in all | 14 |
| forms of advertising.
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| (b) It shall be unlawful for any person who owns or | 16 |
| operates a non-commercial
structural pest control location to | 17 |
| engage in non-commercial structural
pest control using | 18 |
| restricted pesticides in this State after October 21,
1977, | 19 |
| unless registered as a non-commercial structural pest control | 20 |
| location by the Department.
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| (c) No person shall be licensed or registered as a | 22 |
| commercial
or non-commercial structural pest control business | 23 |
| at any
location without complying with the certification | 24 |
| requirements as prescribed
in Section 5 of this Act.
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| (d) If a licensee or registrant changes its location of | 26 |
| operation during
the year of issuance, the Department shall be |
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| notified in writing of the
new location within 15 days. The | 2 |
| license or registration shall accompany the notification along | 3 |
| with the fee as prescribed in Section 9 of this Act, be | 4 |
| surrendered
and , upon receipt, a replacement will be issued by | 5 |
| the Department for a fee of $10 .
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| (e) All licenses and registrations issued under this Act | 7 |
| shall expire
on December 31 of the year issued, except that an | 8 |
| original license or registration
issued after October 1 and | 9 |
| before December 31 shall expire on December 31
of the following | 10 |
| year. A license or registration may be renewed by filing with | 11 |
| the Department a completed renewal application form as | 12 |
| prescribed by rule, including payment of the fee as prescribed | 13 |
| in Section 9 of this Act, and may be postmarked no later than | 14 |
| the December 1 preceding the date of expiration. Applications | 15 |
| received by the Department that are postmarked after December 1 | 16 |
| up to and including December 31 shall be accompanied by the | 17 |
| required late filing charge as prescribed in Section 9 of this | 18 |
| Act. License or registration applications that are postmarked | 19 |
| after December 31 will not be eligible for renewal A license or | 20 |
| registration may be renewed by making
application on a form | 21 |
| prescribed by the Department and by paying
the fee required by | 22 |
| this Act. Renewal applications shall be filed with
the | 23 |
| Department prior to December 1 of each year .
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| (f) No license or registration shall be transferable from | 25 |
| one person to another.
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| (g) No person shall be licensed as a commercial structural |
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| pest control business location without complying with the | 2 |
| insurance requirements of Section 9 of this Act. | 3 |
| (Source: P.A. 83-825; reenacted by P.A. 95-786, eff. 8-7-08 .)
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| (225 ILCS 235/5.01) (from Ch. 111 l/2, par. 2205.01)
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| (Section scheduled to be repealed on December 31, 2019)
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| Sec. 5.01. Reciprocity. | 7 |
| (a) Upon payment of the required fee as prescribed in | 8 |
| Section 9 of this Act, a person who is certified or licensed as | 9 |
| a structural pest control technician by a state or the federal | 10 |
| government may apply for reciprocal certification without | 11 |
| examination by the Department in those sub-categories or areas | 12 |
| for which the applicant holds certification or licensure by the | 13 |
| state or the federal government. | 14 |
| (b) In order to receive reciprocal certification under | 15 |
| subsection (a) of this Section, the requirements for the | 16 |
| certification or licensure by the state or the federal | 17 |
| government must have been, at the date of the certification or | 18 |
| licensure, substantially equivalent to the requirements then | 19 |
| in force in this State, as determined by the Department. Upon | 20 |
| the payment of the required fee, an applicant
who is certified | 21 |
| in another state, may, without examination, be
granted a | 22 |
| certificate as a certified structural pest control
technician | 23 |
| by the Department in those sub-categories for which
he has been | 24 |
| certified by another state, provided that the
Department finds | 25 |
| that the requirements for certification of
structural pest |
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| control technicians in that state were, at the
date of | 2 |
| certification, substantially equal to the requirements
then in | 3 |
| force in this State and provided that the same
privilege of | 4 |
| certification is similarly granted by said
state to technicians | 5 |
| certified by the State of Illinois.
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| (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08 .)
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| (225 ILCS 235/6) (from Ch. 111 1/2, par. 2206)
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| (Section scheduled to be repealed on December 31, 2019)
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| Sec. 6. Renewal of technician certification Certificate | 10 |
| renewal) . | 11 |
| (a) A certified technician's
certificate shall be valid for | 12 |
| a period of 3 years expiring on December 31 of the third year, | 13 |
| except that an original certificate issued between October 1 | 14 |
| and December 31 shall expire on December 31 of the third full | 15 |
| calendar year following issuance and must be
renewed by January | 16 |
| 1 of each third year . A certificate may be
renewed by | 17 |
| application upon a form prescribed by the Department,
provided | 18 |
| that the certified technician furnishes the following: | 19 |
| (1) a renewal application filed with the Department | 20 |
| postmarked no later than December 1 preceding the date of | 21 |
| expiration; | 22 |
| (2) evidence attached to the renewal, or on file with | 23 |
| the Department, of acquiring, that
he has attended during | 24 |
| the 3 year period,
a minimum of 9 classroom hours, in | 25 |
| increments of 3 hours or more, of training at Department |
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| approved pest control training seminars ; and | 2 |
| (3) the required fee as prescribed in Section 9 of this | 3 |
| Act and pays
the fee required by this Act. Renewal | 4 |
| applications shall be
filed with the Department prior to | 5 |
| December 1 preceding the date
of expiration . | 6 |
| Applications received by the Department postmarked after | 7 |
| December 1 shall be accompanied by the required late filing | 8 |
| charge as prescribed in Section 9 of this Act.
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| (b) Certified technician's certificates are not | 10 |
| transferable from
one person to another person, and no licensee | 11 |
| or registrant
shall use the certificate of a certified | 12 |
| technician to secure
or hold a license or registration unless | 13 |
| the holder of such
certificate is actively engaged in the | 14 |
| direction of pest
control operations of the licensee or | 15 |
| registrant.
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| (c) A certified technician who has not renewed his or her | 17 |
| certificate for
a period of not more than one year after its
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| expiration may secure a renewal upon payment of the renewal fee | 19 |
| and , late filing charge
and the furnishing of evidence of | 20 |
| training in accordance with item (2) of subsection (a) of this | 21 |
| Section as may
be required by the Department . If a technician | 22 |
| has not renewed
his or her certificate for a period of more | 23 |
| than one year after its
expiration, the technician he shall | 24 |
| file an original application for examination, pay
all required | 25 |
| fees , which may include renewal, examination, and late filing | 26 |
| charges , and successfully pass the examination before
his or |
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| her certificate is renewed. Any individual who fails to renew a | 2 |
| certification by the date of expiration shall not perform any | 3 |
| pest control activities until the requirements of this Section | 4 |
| have been met and a certificate has been issued by the | 5 |
| Department.
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| (Source: P.A. 93-922, eff. 1-1-05; reenacted by P.A. 95-786, | 7 |
| eff. 8-7-08 .)
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| (225 ILCS 235/7) (from Ch. 111 1/2, par. 2207)
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| (Section scheduled to be repealed on December 31, 2019)
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| Sec. 7. Written examination required ) . The Department | 11 |
| shall adopt rules for any examinations required for the proper | 12 |
| administration of this Act, including any category or | 13 |
| sub-category examination involving the use of general or | 14 |
| restricted use pesticides and any examination which may be | 15 |
| required under Category 7, Industrial, Institutional, | 16 |
| Structural, and Health Related Pest Control, or Category 8, | 17 |
| Public Health Pest Control (excluding Mosquito Pest Control), | 18 |
| in the rules adopted by the Department of Agriculture in | 19 |
| Section 250.120 of Title 8 of the Illinois Administrative Code. | 20 |
| Applications for examination
shall be in the form prescribed by | 21 |
| the Department , and shall be
accompanied by the required fee as | 22 |
| prescribed in Section 9 of this Act, and received by the | 23 |
| Department at least 15 days prior to an examination . The | 24 |
| Department shall conduct
written examinations at least 4 times | 25 |
| each year and may require a
practical demonstration by each |
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| applicant.
The written examination shall be prepared from | 2 |
| suggested study materials.
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| All applicants shall be tested and required to attain a | 4 |
| passing grade
on a General Standards examination which | 5 |
| evaluates their general
knowledge of
label and labeling | 6 |
| comprehension, safety, environment, equipment,
application | 7 |
| techniques, laws and regulations, and pests and pesticides.
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| Applicants who pass the General Standards examination may also, | 9 |
| if
qualified, be examined in any one or more of the
other | 10 |
| sub-categories
in which they desire to use restricted | 11 |
| pesticides:
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| (a) Insects (excluding termites and other wood
destroying | 13 |
| organisms), rodents and other pests including those pests in | 14 |
| food
manufacturing, food processing, food storage and grain | 15 |
| handling;
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| (b) Termites and other wood destroying organisms;
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| (c) Bird control;
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| (d) Fumigation;
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| (e) Food manufacturing, food processing and food storage | 20 |
| facilities;
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| (f) Institutional and multi-unit residential housing pest | 22 |
| control;
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| (g) Public health pest control; and
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| (h) Wood products pest control, which includes the | 25 |
| application of
restricted use wood treatment pesticides by | 26 |
| individuals working for
commercial wood treatment companies or |
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| non-commercial wood
treatment plants using pressure, as well as | 2 |
| nonpressure, treatment methods
to control or prevent wood | 3 |
| degradation by wood destroying organisms which
include but are | 4 |
| not limited to insects, and by fungi or bacteria which
cause | 5 |
| surface molding, surface staining, sap staining, brown rot, | 6 |
| white rot
and soft rot.
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| An applicant who is examined and certified in | 8 |
| sub-categories (a),
(b), (c), (d) and (h) shall be qualified to | 9 |
| use restricted pesticides in
performing structural pest | 10 |
| control activities in commercial and
non-commercial structural | 11 |
| pest control in those sub-categories in which
he has been | 12 |
| certified.
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| An applicant who is examined and certified in | 14 |
| sub-categories (e),
(f), or (g) shall be permitted to apply | 15 |
| restricted pesticides only to
structures of the non-commercial | 16 |
| structural pest control registrant of
which he is an employee.
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| (Source: P.A. 85-227; reenacted by P.A. 95-786, eff. 8-7-08 .)
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| (225 ILCS 235/9) (from Ch. 111 1/2, par. 2209)
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| (Section scheduled to be repealed on December 31, 2019)
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| Sec. 9. Fees and required insurance. | 21 |
| (a) The fees required by this Act
are as follows:
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| (1) The fee for an original commercial structural pest | 23 |
| control business license is $250; and the fee for the | 24 |
| renewal of that license is $150. | 25 |
| (2) The fee for an original non-commercial structural |
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| pest control business registration is $200; and the fee for | 2 |
| the renewal of that registration is $125. | 3 |
| (3) The fee for an application for examination as a | 4 |
| certified technician, including an original certificate, | 5 |
| is $75; and the fee for the renewal of that certification | 6 |
| is $75. | 7 |
| (4) The fee for an application for examination in | 8 |
| sub-categories not previously examined or for | 9 |
| reexamination as a certified technician in areas | 10 |
| previously failed is $50. | 11 |
| (5) The fee for the replacement of a license, | 12 |
| registration, or certification is $25. | 13 |
| (6) The late filing charge for any license, | 14 |
| registration, or certification is $75. | 15 |
| (7) The fee for multiple copies of this Act and | 16 |
| regulations or for any category or sub-category specific | 17 |
| training materials is $5 per copy.
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| (a) For an original license and each renewal - $100.
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| (b) For an original registration and each renewal - | 20 |
| $50.
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| (c) For each certificate renewal - $40.
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| (d) For an application for examination including an | 23 |
| original
certificate - $40.
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| (e) Any person who fails to file a renewal application | 25 |
| by the date of
expiration of a license, certification or | 26 |
| registration shall be assessed
a late filing charge of $75.
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| (f) For duplicate copies of certificates, licenses or | 2 |
| registrations - $10.
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| All fees shall be paid by check or money order. Any fee | 4 |
| required by this
Act is not refundable in the event that the | 5 |
| original application or
application for renewal is denied. | 6 |
| (b) Every application for an original commercial | 7 |
| structural pest control business location
license shall be | 8 |
| accompanied by a certificate of insurance issued by an
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| insurance company authorized to do business in the State of | 10 |
| Illinois or by
a risk retention or purchasing group formed | 11 |
| pursuant to the federal
Liability Risk Retention Act of 1986, | 12 |
| which provides primary, first dollar
public liability coverage | 13 |
| of the applicant or licensee for personal
injuries for not less | 14 |
| than $100,000 per person, or $300,000 per occurrence,
and, in | 15 |
| addition, for not less than $50,000 per occurrence for property
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| damage, resulting from structural pest control. The insurance | 17 |
| policy shall
be in effect at all times during the license year | 18 |
| and a new certificate of
insurance shall be filed with the | 19 |
| Department within 30 days after the
renewal of the insurance | 20 |
| policy. Each application for renewal of a commercial structural | 21 |
| pest control location license shall also include a certificate | 22 |
| of insurance as detailed above unless a valid certificate of | 23 |
| insurance is already on file with the Department. Applicants | 24 |
| for registration or
registration renewal shall not be required | 25 |
| to provide evidence of public
liability insurance coverage.
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| All administrative civil fines and fees collected pursuant |
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| to this
Act shall be deposited into the Pesticide Control Fund | 2 |
| established pursuant
to the Illinois Pesticide Act. The amount | 3 |
| annually collected as
administrative civil fines and fees shall | 4 |
| be appropriated by the
General Assembly to the Department for | 5 |
| the purposes of conducting a public
education program on the | 6 |
| proper use of pesticides and for other activities
related to | 7 |
| enforcement of this Act and the Illinois Pesticide Act.
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| (Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08 .)
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| (225 ILCS 235/10.3)
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| (Section scheduled to be repealed on December 31, 2019) | 11 |
| Sec. 10.3. Notification. School districts and day care | 12 |
| centers must
maintain a registry of
parents and guardians of | 13 |
| students and employees who have registered to receive
written | 14 |
| or telephonic
notification prior to application of pesticides | 15 |
| to school property or day
care centers or provide
written or | 16 |
| telephonic notification to all parents and guardians of | 17 |
| students before such
pesticide application. Written | 18 |
| notification may be included in newsletters,
bulletins, | 19 |
| calendars, or other correspondence currently published by the | 20 |
| school
district or day care center. The written or telephonic | 21 |
| notification must be given at
least 2 business days
before | 22 |
| application of the pesticide application and should identify | 23 |
| the
intended date of the application of the pesticide and the | 24 |
| name and telephone
contact number for the school or day care | 25 |
| center personnel
responsible for
the pesticide
application |
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| program. Prior written notice shall not be required if there is | 2 |
| an
imminent threat to health or property. If such a situation | 3 |
| arises, the
appropriate school or day care center personnel | 4 |
| must sign a statement
describing the circumstances
that gave | 5 |
| rise to the health threat and ensure that written or telephonic | 6 |
| notice is provided
as soon as practicable. For purposes of this | 7 |
| Section, pesticides subject to
notification requirements shall | 8 |
| not include (i) an antimicrobial agent, such as
disinfectant, | 9 |
| sanitizer, or deodorizer, or (ii) insecticide baits and
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| rodenticide
baits.
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| (Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786, | 12 |
| eff. 8-7-08 .)
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| (225 ILCS 235/13) (from Ch. 111 1/2, par. 2213)
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| (Section scheduled to be repealed on December 31, 2019)
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| Sec. 13. Violations of the Act. It is a violation of this | 16 |
| Act and the
Department may suspend, revoke , or refuse to issue | 17 |
| or renew any certificate,
registration , or license, in | 18 |
| accordance with Section 14 of this Act, upon
proof of any of | 19 |
| the following:
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| (a) Violation of this Act or any rule or regulation | 21 |
| promulgated hereunder.
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| (b) Conviction of a certified technician, registrant, or | 23 |
| licensee of a
violation of any provision of this Act or of pest | 24 |
| control laws in any other
state, or any other laws or rules and | 25 |
| regulations adopted thereto relating
to pesticides.
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| (c) Knowingly making false or fraudulent claims, | 2 |
| misrepresenting the effects
of materials or methods or failing | 3 |
| to use methods or materials suitable
for structural pest | 4 |
| control.
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| (d) Performing structural pest control in a careless or | 6 |
| negligent
manner so as to be detrimental to health.
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| (e) Failure to supply within a reasonable time, upon | 8 |
| request from the
Department or its authorized representative, | 9 |
| true information regarding
methods and materials used, work | 10 |
| performed , or other information essential
to the | 11 |
| administration of this Act.
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| (f) Fraudulent advertising or solicitations relating to | 13 |
| structural pest control.
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| (g) Aiding or abetting a person to evade any provision of | 15 |
| this Act,
conspiring with any person to evade provisions of | 16 |
| this Act or allowing a
license, permit, certification , or | 17 |
| registration to be used by another person.
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| (h) Impersonating any federal, state, county , or city | 19 |
| official.
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| (i) Performing structural pest control, utilizing , or | 21 |
| authorizing the use
or sale of, pesticides which are in | 22 |
| violation of the FIFRA, or the Illinois
Pesticide Act.
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| (j) Failing to comply with a written Department notice or | 24 |
| lawful order of the Director. | 25 |
| (Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08 .)
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| (225 ILCS 235/21) (from Ch. 111 1/2, par. 2221)
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| (Section scheduled to be repealed on December 31, 2019)
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| Sec. 21. Penalty ) . Any person who violates this Act or any | 4 |
| rule or regulation
adopted by the Department, or who violates | 5 |
| any determination or order of the
Department under this Act | 6 |
| shall be guilty of a Class A misdemeanor and shall be
fined a | 7 |
| sum of not more less than $2,500, serve a jail term of up to 1 | 8 |
| day less than 1 year in jail, or both $100 .
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| Each day's violation constitutes a separate offense. The | 10 |
| State's Attorney
of the county in which the violation occurred | 11 |
| or the Attorney General shall bring
such actions in the name of | 12 |
| the people of the State of Illinois.
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| (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08 .)
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| (225 ILCS 235/21.1) (from Ch. 111 1/2, par. 2221.1)
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| (Section scheduled to be repealed on December 31, 2019)
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| Sec. 21.1. Administrative Civil Fines. The Department is | 17 |
| empowered to
assess administrative civil fines in accordance | 18 |
| with Section 15 of this Act against a licensee, registrant , or
| 19 |
| certified technician , person, public school, licensed day care | 20 |
| center, or other entity for violations of this Act or its rules | 21 |
| and
regulations. These fines shall be established by the | 22 |
| Department by rule and
may be assessed in addition to, or in | 23 |
| lieu of, license, registration, or
certification suspensions | 24 |
| and revocations. Rules to implement this Section
shall be | 25 |
| proposed by the Department by January 1, 1993.
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| The amount of these fines shall be determined by the | 2 |
| hearing officer upon
determination that a violation or | 3 |
| violations of the Act or rules has
occurred. Any fine assessed | 4 |
| and not paid within 60 days after receiving of notice from the
| 5 |
| Department may be submitted to the Attorney General's Office , | 6 |
| or any other public or private agency, for
collection of the | 7 |
| amounts owed plus any fees and costs incurred during the | 8 |
| collection process . Failure to pay a fine shall also be grounds | 9 |
| for immediate
suspension or revocation of a license, | 10 |
| registration, or certification
issued under this Act.
| 11 |
| (Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08 .)
| 12 |
| (225 ILCS 235/22) (from Ch. 111 1/2, par. 2222)
| 13 |
| (Section scheduled to be repealed on December 31, 2019)
| 14 |
| Sec. 22. Scope of Act ) . The provisions of this Act apply to | 15 |
| any
structural pest control operations performed by the State | 16 |
| or agency
thereof. However, the State or agency thereof or any | 17 |
| unit of local
government shall not be required to pay any fees, | 18 |
| nor shall the employees
thereof engaged in pest control | 19 |
| activities in their official capacity be required to pay any | 20 |
| fees for examination, certification , or renewal
of | 21 |
| certification in the sub-categories of either (f) or (g) | 22 |
| specified in
Section 7 of this Act .
| 23 |
| This Act does not apply to any person certified by the | 24 |
| Illinois
Department of Agriculture to use restricted | 25 |
| pesticides in structures on
his own individual property.
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| (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08 .)
| 2 |
| (225 ILCS 235/5.02 rep.) | 3 |
| Section 10. The Structural Pest Control Act is amended by | 4 |
| repealing Section 5.02.
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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