Public Act 096-1362
Public Act 1362 96TH GENERAL ASSEMBLY
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Public Act 096-1362
| | SB2602 Enrolled | LRB096 16296 ASK 31554 b |
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| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Structural Pest Control Act is amended by | changing Sections 3.03, 3.09, 3.11, 4, 5.01, 6, 7, 9, 10.3, 13, | 21, 21.1, and 22 as follows:
| (225 ILCS 235/3.03) (from Ch. 111 1/2, par. 2203.03)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 3.03. "Person" means any individual, group of | individuals,
association, trust, partnership, corporation, | person doing business
under an assumed name, the State of | Illinois, or department thereof,
any other state-owned and | operated institution, public school, licensed day care center, | or any other entity.
| (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
| (225 ILCS 235/3.09) (from Ch. 111 1/2, par. 2203.09)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 3.09. "Structural Pest Control" means and includes the | on-site
identification of an infestation in, on or under a | structure or the
use of any method or device or the application | of any substance to prevent,
repel, mitigate, curb, control, or | 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, | a structure;
the use of any pesticide, including insecticides, | fungicides and other
wood treatment products, attractants, | repellents, rodenticides, fumigants,
or mechanical devices for | preventing, controlling, eradicating, identifying,
mitigating, | diminishing, or curbing insects, vermin, rats, mice, or other | pests in,
on, or under, or around a structure, or within a part | of, or materials used in
building, a structure; vault
| fumigation and fumigation of box cars, trucks, ships,
| airplanes, docks, warehouses, and common carriers or | soliciting to perform
any of the foregoing functions. | Notwithstanding any other law, an applicator who is licensed or | certified under the Illinois Pesticide Act may not engage in | structural pest control as defined in this Act unless the | applicator is also licensed and certified under this Act.
| (Source: P.A. 85-227; reenacted by P.A. 95-786, eff. 8-7-08.)
| (225 ILCS 235/3.11) (from Ch. 111 1/2, par. 2203.11)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 3.11. "Commercial Structural Pest Control Business" | means any
business in the course of which any person performs, | advertises, or contracts to
perform structural pest control | services on property under the ownership
or control of another | in exchange for any consideration.
| (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
|
| (225 ILCS 235/4) (from Ch. 111 1/2, par. 2204)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 4. Licensing and registration location requirements). | (a) It shall be unlawful for any person
to engage in a | commercial structural pest control business at any location
in | this State after October 21, 1977, or within Illinois from any | location outside of this State, unless such person is licensed | by
the Department. A person shall have a separate license for | each commercial
structural pest control business location. It | shall also be unlawful for
any person to engage in a commercial | pest control business in Illinois from
any location outside | this State unless such person is licensed by this Department.
| The licensee may use its state identification number in all | forms of advertising.
| (b) It shall be unlawful for any person who owns or | operates a non-commercial
structural pest control location to | engage in non-commercial structural
pest control using | restricted pesticides in this State after October 21,
1977, | unless registered as a non-commercial structural pest control | location by the Department.
| (c) No person shall be licensed or registered as a | commercial
or non-commercial structural pest control business | at any
location without complying with the certification | requirements as prescribed
in Section 5 of this Act.
| (d) If a licensee or registrant changes its location of | operation during
the year of issuance, the Department shall be |
| notified in writing of the
new location within 15 days. The | license or registration shall accompany the notification along | with the fee as prescribed in Section 9 of this Act, be | surrendered
and, upon receipt, a replacement will be issued by | the Department for a fee of $10.
| (e) All licenses and registrations issued under this Act | shall expire
on December 31 of the year issued, except that an | original license or registration
issued after October 1 and | before December 31 shall expire on December 31
of the following | year. A license or registration may be renewed by filing with | the Department a completed renewal application form as | prescribed by rule, including payment of the fee as prescribed | in Section 9 of this Act, and may be postmarked no later than | the December 1 preceding the date of expiration. Applications | received by the Department that are postmarked after December 1 | up to and including December 31 shall be accompanied by the | required late filing charge as prescribed in Section 9 of this | Act. License or registration applications that are postmarked | after December 31 will not be eligible for renewal A license or | registration may be renewed by making
application on a form | prescribed by the Department and by paying
the fee required by | this Act. Renewal applications shall be filed with
the | Department prior to December 1 of each year.
| (f) No license or registration shall be transferable from | one person to another.
| (g) No person shall be licensed as a commercial structural |
| pest control business location without complying with the | insurance requirements of Section 9 of this Act. | (Source: P.A. 83-825; reenacted by P.A. 95-786, eff. 8-7-08.)
| (225 ILCS 235/5.01) (from Ch. 111 l/2, par. 2205.01)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 5.01. Reciprocity. | (a) Upon payment of the required fee as prescribed in | Section 9 of this Act, a person who is certified or licensed as | a structural pest control technician by a state or the federal | government may apply for reciprocal certification without | examination by the Department in those sub-categories or areas | for which the applicant holds certification or licensure by the | state or the federal government. | (b) In order to receive reciprocal certification under | subsection (a) of this Section, the requirements for the | certification or licensure by the state or the federal | government must have been, at the date of the certification or | licensure, substantially equivalent to the requirements then | in force in this State, as determined by the Department. Upon | the payment of the required fee, an applicant
who is certified | in another state, may, without examination, be
granted a | certificate as a certified structural pest control
technician | by the Department in those sub-categories for which
he has been | certified by another state, provided that the
Department finds | that the requirements for certification of
structural pest |
| control technicians in that state were, at the
date of | certification, substantially equal to the requirements
then in | force in this State and provided that the same
privilege of | certification is similarly granted by said
state to technicians | certified by the State of Illinois.
| (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
| (225 ILCS 235/6) (from Ch. 111 1/2, par. 2206)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 6. Renewal of technician certification Certificate | renewal). | (a) A certified technician's
certificate shall be valid for | a period of 3 years expiring on December 31 of the third year, | except that an original certificate issued between October 1 | and December 31 shall expire on December 31 of the third full | calendar year following issuance and must be
renewed by January | 1 of each third year. A certificate may be
renewed by | application upon a form prescribed by the Department,
provided | that the certified technician furnishes the following: | (1) a renewal application filed with the Department | postmarked no later than December 1 preceding the date of | expiration; | (2) evidence attached to the renewal, or on file with | the Department, of acquiring, that
he has attended during | the 3 year period,
a minimum of 9 classroom hours, in | increments of 3 hours or more, of training at Department |
| approved pest control training seminars; and | (3) the required fee as prescribed in Section 9 of this | Act and pays
the fee required by this Act. Renewal | applications shall be
filed with the Department prior to | December 1 preceding the date
of expiration. | Applications received by the Department postmarked after | December 1 shall be accompanied by the required late filing | charge as prescribed in Section 9 of this Act.
| (b) Certified technician's certificates are not | transferable from
one person to another person, and no licensee | or registrant
shall use the certificate of a certified | technician to secure
or hold a license or registration unless | the holder of such
certificate is actively engaged in the | direction of pest
control operations of the licensee or | registrant.
| (c) A certified technician who has not renewed his or her | certificate for
a period of not more than one year after its
| expiration may secure a renewal upon payment of the renewal fee | and , late filing charge
and the furnishing of evidence of | training in accordance with item (2) of subsection (a) of this | Section as may
be required by the Department. If a technician | has not renewed
his or her certificate for a period of more | than one year after its
expiration, the technician he shall | file an original application for examination, pay
all required | fees, which may include renewal, examination, and late filing | charges, and successfully pass the examination before
his or |
| her certificate is renewed. Any individual who fails to renew a | certification by the date of expiration shall not perform any | pest control activities until the requirements of this Section | have been met and a certificate has been issued by the | Department.
| (Source: P.A. 93-922, eff. 1-1-05; reenacted by P.A. 95-786, | eff. 8-7-08.)
| (225 ILCS 235/7) (from Ch. 111 1/2, par. 2207)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 7. Written examination required). The Department | shall adopt rules for any examinations required for the proper | administration of this Act, including any category or | sub-category examination involving the use of general or | restricted use pesticides and any examination which may be | required under Category 7, Industrial, Institutional, | Structural, and Health Related Pest Control, or Category 8, | Public Health Pest Control (excluding Mosquito Pest Control), | in the rules adopted by the Department of Agriculture in | Section 250.120 of Title 8 of the Illinois Administrative Code. | Applications for examination
shall be in the form prescribed by | the Department, and shall be
accompanied by the required fee as | prescribed in Section 9 of this Act, and received by the | Department at least 15 days prior to an examination. The | Department shall conduct
written examinations at least 4 times | each year and may require a
practical demonstration by each |
| applicant.
The written examination shall be prepared from | suggested study materials.
| All applicants shall be tested and required to attain a | passing grade
on a General Standards examination which | evaluates their general
knowledge of
label and labeling | comprehension, safety, environment, equipment,
application | techniques, laws and regulations, and pests and pesticides.
| Applicants who pass the General Standards examination may also, | if
qualified, be examined in any one or more of the
other | sub-categories
in which they desire to use restricted | pesticides:
| (a) Insects (excluding termites and other wood
destroying | organisms), rodents and other pests including those pests in | food
manufacturing, food processing, food storage and grain | handling;
| (b) Termites and other wood destroying organisms;
| (c) Bird control;
| (d) Fumigation;
| (e) Food manufacturing, food processing and food storage | facilities;
| (f) Institutional and multi-unit residential housing pest | control;
| (g) Public health pest control; and
| (h) Wood products pest control, which includes the | application of
restricted use wood treatment pesticides by | individuals working for
commercial wood treatment companies or |
| non-commercial wood
treatment plants using pressure, as well as | nonpressure, treatment methods
to control or prevent wood | degradation by wood destroying organisms which
include but are | not limited to insects, and by fungi or bacteria which
cause | surface molding, surface staining, sap staining, brown rot, | white rot
and soft rot.
| An applicant who is examined and certified in | sub-categories (a),
(b), (c), (d) and (h) shall be qualified to | use restricted pesticides in
performing structural pest | control activities in commercial and
non-commercial structural | pest control in those sub-categories in which
he has been | certified.
| An applicant who is examined and certified in | sub-categories (e),
(f), or (g) shall be permitted to apply | restricted pesticides only to
structures of the non-commercial | structural pest control registrant of
which he is an employee.
| (Source: P.A. 85-227; reenacted by P.A. 95-786, eff. 8-7-08.)
| (225 ILCS 235/9) (from Ch. 111 1/2, par. 2209)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 9. Fees and required insurance. | (a) The fees required by this Act
are as follows:
| (1) The fee for an original commercial structural pest | control business license is $250; and the fee for the | renewal of that license is $150. | (2) The fee for an original non-commercial structural |
| pest control business registration is $200; and the fee for | the renewal of that registration is $125. | (3) The fee for an application for examination as a | certified technician, including an original certificate, | is $75; and the fee for the renewal of that certification | is $75. | (4) The fee for an application for examination in | sub-categories not previously examined or for | reexamination as a certified technician in areas | previously failed is $50. | (5) The fee for the replacement of a license, | registration, or certification is $25. | (6) The late filing charge for any license, | registration, or certification is $75. | (7) The fee for multiple copies of this Act and | regulations or for any category or sub-category specific | training materials is $5 per copy.
| (a) For an original license and each renewal - $100.
| (b) For an original registration and each renewal - | $50.
| (c) For each certificate renewal - $40.
| (d) For an application for examination including an | original
certificate - $40.
| (e) Any person who fails to file a renewal application | by the date of
expiration of a license, certification or | registration shall be assessed
a late filing charge of $75.
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| (f) For duplicate copies of certificates, licenses or | registrations - $10.
| All fees shall be paid by check or money order. Any fee | required by this
Act is not refundable in the event that the | original application or
application for renewal is denied. | (b) Every application for an original commercial | structural pest control business location
license shall be | accompanied by a certificate of insurance issued by an
| insurance company authorized to do business in the State of | Illinois or by
a risk retention or purchasing group formed | pursuant to the federal
Liability Risk Retention Act of 1986, | which provides primary, first dollar
public liability coverage | of the applicant or licensee for personal
injuries for not less | than $100,000 per person, or $300,000 per occurrence,
and, in | addition, for not less than $50,000 per occurrence for property
| damage, resulting from structural pest control. The insurance | policy shall
be in effect at all times during the license year | and a new certificate of
insurance shall be filed with the | Department within 30 days after the
renewal of the insurance | policy. Each application for renewal of a commercial structural | pest control location license shall also include a certificate | of insurance as detailed above unless a valid certificate of | insurance is already on file with the Department. Applicants | for registration or
registration renewal shall not be required | to provide evidence of public
liability insurance coverage.
| All administrative civil fines and fees collected pursuant |
| to this
Act shall be deposited into the Pesticide Control Fund | established pursuant
to the Illinois Pesticide Act. The amount | annually collected as
administrative civil fines and fees shall | be appropriated by the
General Assembly to the Department for | the purposes of conducting a public
education program on the | proper use of pesticides and for other activities
related to | enforcement of this Act and the Illinois Pesticide Act.
| (Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08.)
| (225 ILCS 235/10.3)
| (Section scheduled to be repealed on December 31, 2019) | Sec. 10.3. Notification. School districts and day care | centers must
maintain a registry of
parents and guardians of | students and employees who have registered to receive
written | or telephonic
notification prior to application of pesticides | to school property or day
care centers or provide
written or | telephonic notification to all parents and guardians of | students before such
pesticide application. Written | notification may be included in newsletters,
bulletins, | calendars, or other correspondence currently published by the | school
district or day care center. The written or telephonic | notification must be given at
least 2 business days
before | application of the pesticide application and should identify | the
intended date of the application of the pesticide and the | name and telephone
contact number for the school or day care | center personnel
responsible for
the pesticide
application |
| program. Prior written notice shall not be required if there is | an
imminent threat to health or property. If such a situation | arises, the
appropriate school or day care center personnel | must sign a statement
describing the circumstances
that gave | rise to the health threat and ensure that written or telephonic | notice is provided
as soon as practicable. For purposes of this | Section, pesticides subject to
notification requirements shall | not include (i) an antimicrobial agent, such as
disinfectant, | sanitizer, or deodorizer, or (ii) insecticide baits and
| rodenticide
baits.
| (Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786, | eff. 8-7-08.)
| (225 ILCS 235/13) (from Ch. 111 1/2, par. 2213)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 13. Violations of the Act. It is a violation of this | Act and the
Department may suspend, revoke, or refuse to issue | or renew any certificate,
registration, or license, in | accordance with Section 14 of this Act, upon
proof of any of | the following:
| (a) Violation of this Act or any rule or regulation | promulgated hereunder.
| (b) Conviction of a certified technician, registrant, or | licensee of a
violation of any provision of this Act or of pest | control laws in any other
state, or any other laws or rules and | regulations adopted thereto relating
to pesticides.
|
| (c) Knowingly making false or fraudulent claims, | misrepresenting the effects
of materials or methods or failing | to use methods or materials suitable
for structural pest | control.
| (d) Performing structural pest control in a careless or | negligent
manner so as to be detrimental to health.
| (e) Failure to supply within a reasonable time, upon | request from the
Department or its authorized representative, | true information regarding
methods and materials used, work | performed, or other information essential
to the | administration of this Act.
| (f) Fraudulent advertising or solicitations relating to | structural pest control.
| (g) Aiding or abetting a person to evade any provision of | this Act,
conspiring with any person to evade provisions of | this Act or allowing a
license, permit, certification, or | registration to be used by another person.
| (h) Impersonating any federal, state, county, or city | official.
| (i) Performing structural pest control, utilizing, or | authorizing the use
or sale of, pesticides which are in | violation of the FIFRA, or the Illinois
Pesticide Act.
| (j) Failing to comply with a written Department notice or | lawful order of the Director. | (Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08.)
|
| (225 ILCS 235/21) (from Ch. 111 1/2, par. 2221)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 21. Penalty). Any person who violates this Act or any | rule or regulation
adopted by the Department, or who violates | any determination or order of the
Department under this Act | shall be guilty of a Class A misdemeanor and shall be
fined a | sum of not more less than $2,500, serve a jail term of up to 1 | day less than 1 year in jail, or both $100.
| Each day's violation constitutes a separate offense. The | State's Attorney
of the county in which the violation occurred | or the Attorney General shall bring
such actions in the name of | the people of the State of Illinois.
| (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
| (225 ILCS 235/21.1) (from Ch. 111 1/2, par. 2221.1)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 21.1. Administrative Civil Fines. The Department is | empowered to
assess administrative civil fines in accordance | with Section 15 of this Act against a licensee, registrant, or
| certified technician, person, public school, licensed day care | center, or other entity for violations of this Act or its rules | and
regulations. These fines shall be established by the | Department by rule and
may be assessed in addition to, or in | lieu of, license, registration, or
certification suspensions | and revocations. Rules to implement this Section
shall be | proposed by the Department by January 1, 1993.
|
| The amount of these fines shall be determined by the | hearing officer upon
determination that a violation or | violations of the Act or rules has
occurred. Any fine assessed | and not paid within 60 days after receiving of notice from the
| Department may be submitted to the Attorney General's Office, | or any other public or private agency, for
collection of the | amounts owed plus any fees and costs incurred during the | collection process. Failure to pay a fine shall also be grounds | for immediate
suspension or revocation of a license, | registration, or certification
issued under this Act.
| (Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08.)
| (225 ILCS 235/22) (from Ch. 111 1/2, par. 2222)
| (Section scheduled to be repealed on December 31, 2019)
| Sec. 22. Scope of Act). The provisions of this Act apply to | any
structural pest control operations performed by the State | or agency
thereof. However, the State or agency thereof or any | unit of local
government shall not be required to pay any fees, | nor shall the employees
thereof engaged in pest control | activities in their official capacity be required to pay any | fees for examination, certification, or renewal
of | certification in the sub-categories of either (f) or (g) | specified in
Section 7 of this Act.
| This Act does not apply to any person certified by the | Illinois
Department of Agriculture to use restricted | pesticides in structures on
his own individual property.
|
| (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
| (225 ILCS 235/5.02 rep.) | Section 10. The Structural Pest Control Act is amended by | repealing Section 5.02.
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/28/2010
|
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