Full Text of HB3815 99th General Assembly
HB3815 99TH GENERAL ASSEMBLY |
| | 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 |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pesticide Act is amended by | 5 | | changing 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 | 8 | | requirements;
certification.
| 9 | | (1) Licenses and pesticide dealer registrations issued | 10 | | pursuant to this Act as a result of certification attained in | 11 | | calendar year 2016 or earlier
shall be valid for the calendar | 12 | | one year in which they were issued , except
that private | 13 | | applicator licenses shall be valid for the calendar year in | 14 | | which it was issued plus 2 additional calendar years 3 years . | 15 | | All licenses
and pesticide dealer registrations shall expire on | 16 | | December 31 of the year
in which it is to expire. A
license or | 17 | | pesticide dealer registration in effect on the 31st of | 18 | | December,
for which renewal has been made
within 60 days | 19 | | following the date of expiration, shall continue in full
force | 20 | | and effect until the Director notifies the applicant that | 21 | | renewal has
been approved and accepted or is to be denied in | 22 | | accordance with this Act. The
Director shall not issue a | 23 | | license or pesticide dealer registration to a
first time |
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| 1 | | applicant or to a
person who has not made application for | 2 | | renewal on or before March 1 following
the expiration date of | 3 | | the license or pesticide dealer registration until
such | 4 | | applicant or person
has been certified by the Director as
| 5 | | having successfully demonstrated competence and knowledge | 6 | | regarding
pesticide use.
The Director shall issue a license or | 7 | | pesticide dealer registration to a
person that made application
| 8 | | after March 1 and before April 15 if that application is | 9 | | accompanied by a late
application fee.
A licensee or pesticide | 10 | | dealer shall be required to be recertified for
competence and | 11 | | knowledge regarding pesticide use at least once every 3
years | 12 | | and at such other times as deemed necessary by the Director to | 13 | | assure
a continued level of competence and ability. The | 14 | | Director shall by
regulation specify the standard of | 15 | | qualification for certification and the
manner of establishing | 16 | | an applicant's competence and knowledge. A certification shall | 17 | | remain valid only if an applicant attains licensure or | 18 | | pesticide dealer registration during the calendar year in which | 19 | | certification was granted and the licensure is maintained | 20 | | throughout the 3-year certification period.
| 21 | | (2) Multi-year licenses and pesticide dealer registrations | 22 | | issued pursuant to this Act as a result of certification | 23 | | attained in calendar year 2017 or thereafter shall be valid for | 24 | | the calendar year in which they were issued plus 2 additional | 25 | | calendar years. All licenses and pesticide dealer | 26 | | registrations shall expire on December 31 of the year in which |
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| 1 | | they are to expire. A license or pesticide dealer registration | 2 | | in effect on the 31st of December, for which recertification | 3 | | and licensure has been made within 60 days following the date | 4 | | of expiration, shall continue in full force and effect until | 5 | | the Director notifies the applicant that recertification and | 6 | | licensure has been approved and accepted or is to be denied in | 7 | | accordance with this Act. A licensee or pesticide dealer shall | 8 | | be recertified for competence and knowledge regarding | 9 | | pesticide use at least once every 3 years and at such other | 10 | | times as deemed necessary by the Director to assure a continued | 11 | | level of competence and ability. The Director shall specify by | 12 | | rule the standard of qualification for certification and the | 13 | | manner of establishing an applicant's competence and | 14 | | knowledge. A certification shall remain valid only if an | 15 | | applicant attains licensure or pesticide dealer registration | 16 | | during the calendar year in which certification was granted and | 17 | | the licensure is maintained throughout the 3-year | 18 | | certification period. | 19 | | (3) The Director may refuse to issue a license or pesticide | 20 | | dealer
registration based upon the violation
history of the | 21 | | applicant.
| 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
| 25 | | applicator
shall use or supervise the use of any pesticide |
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| 1 | | without a commercial
license issued by the Director. For the | 2 | | years preceding the year 2001, the
Director shall require an | 3 | | annual
fee for commercial applicator license of $35.
For the | 4 | | years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee | 5 | | for a
commercial applicator license is $45. For the years 2007 | 6 | | and thereafter, the
annual fee for a commercial applicator | 7 | | license is $60. Notwithstanding the other provisions of this | 8 | | Section, beginning with the 2017 calendar year, the fee for a | 9 | | multi-year commercial applicator license shall be $180. The | 10 | | late application
fee for a
commercial applicator license shall | 11 | | be $20 in
addition to the normal license fee. A commercial | 12 | | applicator shall be assessed
a fee of $10 $5 for a duplicate | 13 | | license.
| 14 | | 1. Application for the commercial applicator license shall | 15 | | be made
in writing on designated forms available from the | 16 | | Director. Each
application shall contain information regarding | 17 | | the applicants
qualifications, nature of the proposed | 18 | | operation, classification of
license being sought, and shall | 19 | | include 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 | 25 | | and
knowledge regarding pesticide use in accordance with | 26 | | Section 9 of this Act.
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| 1 | | 3. A licensed commercial applicator shall must provide to | 2 | | the Director at
the time of original licensing and shall | 3 | | maintain throughout the licensure period license renewal | 4 | | evidence of financial
responsibility protecting persons who | 5 | | may suffer personal injury or property
damage or both as a | 6 | | result of the pesticide operation of the applicant in
either of | 7 | | the 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 |
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| 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 | 7 | | that it
will not be cancelled or reduced by the principal or | 8 | | insurance company,
except upon 30 days prior notice in writing | 9 | | to the Director of the Department
at the Springfield, Illinois | 10 | | office and the principal insured. A reduction
or cancellation | 11 | | of policy shall not affect the liability accrued or which
may | 12 | | accrue under such policy before the expiration of the 30 days. | 13 | | The
notice shall contain the termination date. Upon said | 14 | | reduction or
cancellation, the Director shall immediately | 15 | | notify the licensee that his
or her license will be suspended | 16 | | and the effective date until the minimum
bond or liability | 17 | | insurance requirements are met by the licensee for the
current | 18 | | license period.
| 19 | | 5. Nothing in this Act shall be construed to relieve any | 20 | | person from
liability for any damage to persons or property | 21 | | caused by use of
pesticides even though such use conforms to | 22 | | label instructions and
pertinent rules and regulations of this | 23 | | State.
| 24 | | 6. The Director may renew any applicant's license in the
| 25 | | classifications for which such applicant is licensed, subject | 26 | | to
requalification requirements imposed by the Director. |
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| 1 | | Requalification
standards shall be prescribed by regulations | 2 | | adopted pursuant to this
Act and are required to ensure that | 3 | | the licensed commercial applicator
meets the requirements of | 4 | | changing technology and to assure a continued
level of | 5 | | competence and ability.
| 6 | | 7. The Director may limit the license of an applicant to | 7 | | allow only
the use of certain pesticides in a delimited | 8 | | geographic area, or to the
use of certain application | 9 | | techniques or equipment. If a license is not
issued as applied | 10 | | for, the Director shall inform the applicant in
writing of the | 11 | | reasons and extend an opportunity for the applicant to
complete | 12 | | the requirements for the license desired.
| 13 | | 8. For the purpose of uniformity, the Director may enter | 14 | | into
agreements for accepting standards of qualification of | 15 | | other 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 | 19 | | public or
commercial not-for-hire applicator shall use or | 20 | | supervise the use of any
pesticide without a license issued by | 21 | | the Director.
For the years 2011 and thereafter, the public or | 22 | | commercial not-for-hire pesticide applicator license fee shall | 23 | | be $20. Notwithstanding the other provisions of this Section, | 24 | | beginning with the 2017 calendar year, the fee for a multi-year | 25 | | public or commercial not-for hire pesticide applicator license |
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| 1 | | shall be $60. The late application fee for a public or | 2 | | commercial not-for-hire applicator
license shall be $20 in | 3 | | addition to the normal license fees. A public or commercial | 4 | | not-for-hire applicator shall be assessed
a fee of $10 $5 for a | 5 | | duplicate license.
| 6 | | 1. Application for certification as a commercial | 7 | | not-for-hire pesticide
applicator shall be made in writing on | 8 | | designated forms available from the
Director. Each application | 9 | | shall contain information regarding the
qualifications
of the | 10 | | applicant, classification of certification being sought, and | 11 | | shall
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 | 18 | | commercial not-for-hire
pesticide applicator until the | 19 | | individual identified has demonstrated his
competence and | 20 | | knowledge regarding pesticide use in accordance with
Section 9 | 21 | | of this Act.
| 22 | | 3. The Director shall not renew a certification as a | 23 | | commercial not-for-hire
pesticide applicator until the | 24 | | applicant
reestablishes his qualifications in accordance
with | 25 | | Section 9 of this Act
or has met other requirements imposed by | 26 | | regulation in order to ensure that
the applicant meets the |
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| 1 | | requirements of changing technology and to assure
a continued | 2 | | level of competence and ability.
| 3 | | 4. Application for certification as a public pesticide | 4 | | applicator shall
be made in writing on designated forms | 5 | | available from the Director. Each
application shall contain | 6 | | information regarding qualifications of applicant,
| 7 | | classification of certification being sought, and shall | 8 | | include 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 | 14 | | pesticide
applicator
until the individual identified has | 15 | | demonstrated his competence and knowledge
regarding pesticide | 16 | | use in accordance with Section 9 of this Act.
| 17 | | 6. The Director shall not renew a certification as a public
| 18 | | pesticide applicator
until the applicant reestablishes his
| 19 | | qualifications in accordance with Section 9 of this Act or has | 20 | | met other
requirements imposed by regulation in order to ensure | 21 | | that the applicant
meets the requirements of changing | 22 | | technology and to assure a continued
level of competence and | 23 | | ability.
| 24 | | 7. Persons applying general use pesticides, approved by the
| 25 | | Inter-Agency Committee on the Use of Pesticides, to scrap tires | 26 | | for the
control of mosquitoes shall be exempt from the license |
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| 1 | | requirements 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 | 5 | | any pesticides
without a pesticide operator license issued by | 6 | | the Director.
| 7 | | 1. Application for an operator license shall be made in | 8 | | writing on
designated
forms available from the Director. Each | 9 | | application shall contain information
regarding the nature of | 10 | | applicants pesticide use, his qualifications, and
such other | 11 | | facts as prescribed on the form. The application shall also
| 12 | | include 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 | 18 | | license until the
individual identified has demonstrated his | 19 | | competence and knowledge regarding
pesticide use in accordance | 20 | | with Section 9 of this Act.
| 21 | | 3. The Director shall not issue an operator license to any | 22 | | person who
is unable to provide the name and | 23 | | license/certification number of an applicator
under whom the | 24 | | operator will work.
| 25 | | 4. For the years preceding the year 2001, a licensed |
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| 1 | | commercial operator working
for or under the supervision of a | 2 | | certified
licensed commercial pesticide applicator shall pay | 3 | | an annual fee of $25.
For the years 2001, 2002, and 2003, the | 4 | | annual fee for a commercial operator
license is $30. For the | 5 | | years 2004, 2005, and 2006, the annual fee for a
commercial | 6 | | operator license is $35. For the years 2007 and thereafter, the
| 7 | | annual fee for a commercial operator license is $40. | 8 | | Notwithstanding the other provisions of this paragraph, | 9 | | beginning with the 2017 calendar year, the fee for a multi-year | 10 | | commercial operator license shall be $120.
The late application | 11 | | fee for an operator license shall be $20 in
addition to the | 12 | | normal license fee. A licensed operator shall be assessed a
fee | 13 | | of $10 $5 for a duplicate license.
| 14 | | 5. For the years 2011 and thereafter, the public or | 15 | | commercial not-for-hire pesticide operator license fee shall | 16 | | be $15. Notwithstanding the other provisions of this paragraph, | 17 | | beginning with the 2017 calendar year, the fee for a multi-year | 18 | | commercial not-for-hire pesticide operator license fee shall | 19 | | be $45. The late application fee for a public or commercial | 20 | | not-for-hire applicator license shall be $20 in addition to the | 21 | | normal license fees. A public or commercial not-for-hire | 22 | | operator shall be assessed a fee of $10 $5 for a duplicate | 23 | | license. | 24 | | (Source: P.A. 96-1310, eff. 7-27-10.)
| 25 | | (415 ILCS 60/13) (from Ch. 5, par. 813)
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| 1 | | Sec. 13. Pesticide dealers. Any pesticide dealer who sells | 2 | | Restricted
Use pesticides shall be registered with the | 3 | | Department on forms provided by
the Director. Beginning July 1, | 4 | | 2005, any pesticide dealer that sells non-restricted use | 5 | | pesticides for use in the production of an agricultural | 6 | | commodity in containers with a capacity of 2.5 gallons or | 7 | | greater or 10 pounds or greater must also register with the | 8 | | Department on forms provided by the Director. Registration | 9 | | shall consist of passing a required
examination and payment of | 10 | | a $100 registration fee. Notwithstanding the other provisions | 11 | | of this Section, beginning with the 2017 calendar year, the | 12 | | pesticide dealer registration fee for a multi-year | 13 | | registration period shall be $300.
The late application fee for | 14 | | a pesticide dealer registration shall be $20 in
addition to the | 15 | | normal pesticide dealer registration fee. A pesticide dealer
| 16 | | shall be assessed a fee of $10 $5 for a duplicate registration.
| 17 | | Dealers who hold a Structural Pest Control license with the | 18 | | Illinois
Department of Public Health or a Commercial | 19 | | Applicator's
license with the Illinois Department of | 20 | | Agriculture are exempt from the
registration fee but must | 21 | | register with the Department.
| 22 | | Each place of business which sells restricted use | 23 | | pesticides or non-restricted pesticides for use in the | 24 | | production of an agricultural commodity in containers with a | 25 | | capacity of 2.5 gallons or greater or 10 pounds or greater
| 26 | | shall be considered a separate entity for the purpose of |
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| 1 | | registration. | 2 | | Registration as a pesticide dealer shall expire on December | 3 | | 31 of the each
year in which it is to expire . Pesticide dealers | 4 | | shall be certified in accordance with Section 9
of this Act.
| 5 | | The Director may prescribe, by rule, requirements for the | 6 | | registration
and testing of any pesticide dealer selling other | 7 | | than restricted use
pesticides and such rules shall include the | 8 | | establishment of a
registration fee in an amount not to exceed | 9 | | the pesticide dealer registration
fee.
| 10 | | The Department may refuse to issue or may suspend the | 11 | | registration
of any person who fails to file a return, or to | 12 | | pay the tax, penalty, or
interest shown in a filed return, or | 13 | | to pay any final assessment of tax,
penalty, or interest, as | 14 | | required by any tax Act administered by the
Illinois Department | 15 | | of Revenue, until such time as the requirements of any
such tax | 16 | | Act are satisfied.
| 17 | | (Source: P.A. 94-60, eff. 6-20-05.)
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