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| Public Act 100-0716 | ||||
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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 Regulatory Sunset Act is amended by changing | ||||
Section 4.29 and by adding Section 4.39 as follows: | ||||
(5 ILCS 80/4.29) | ||||
Sec. 4.29. Acts repealed on January 1, 2019 and December | ||||
31, 2019. | ||||
(a) The following Act is repealed on January 1, 2019: | ||||
The Environmental Health Practitioner Licensing Act. | ||||
(b) The following Act is Acts are repealed on December 31, | ||||
2019: | ||||
The Medical Practice Act of 1987. | ||||
The Structural Pest Control Act.
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(Source: P.A. 100-429, eff. 8-25-17.) | ||||
(5 ILCS 80/4.39 new) | ||||
Sec. 4.39. Act repealed on December 31, 2029. The following | ||||
Act is repealed on December 31, 2029: | ||||
The Structural Pest Control Act. | ||||
Section 10. The Structural Pest Control Act is amended by | ||||
changing Sections 5, 6, 7, and 13 as follows:
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(225 ILCS 235/5) (from Ch. 111 1/2, par. 2205)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 5. Certification requirements. No individual shall | ||
apply any
general use or restricted pesticide while engaged in | ||
commercial structural
pest control in this State unless the | ||
individual is engaged in or has completed the training | ||
requirements prescribed by the Department and is unless | ||
certified, or supervised by someone who
is certified, by the | ||
Department in accordance with this Section.
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No individual shall apply any restricted pesticide while | ||
engaged in
non-commercial structural pest control in this State | ||
unless the individual is engaged in or has completed the | ||
training requirements prescribed by the Department and is | ||
unless certified, or
supervised by someone who is certified, by | ||
the Department in accordance
with this Section. In addition, | ||
any individual at any non-commercial
structural pest control | ||
location using general use pesticides shall comply
with the | ||
labeling requirements of the pesticides used at that location.
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Each commercial structural pest control location shall be | ||
required to
employ at least one certified technician at each | ||
location. In addition,
each non-commercial structural pest | ||
control location utilizing restricted
pesticides shall be | ||
required to employ at least one certified technician at
each | ||
location. Individuals who are not certified technicians may | ||
work
under the supervision of a certified technician employed | ||
at the commercial
or non-commercial location who shall be | ||
responsible for their pest control
activities. Any technician | ||
providing supervision for the use of restricted
pesticides must | ||
be certified in the sub-category for which he is providing
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supervision.
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A. Any individual engaging in commercial structural pest | ||
control and
utilizing general use pesticides must shall meet | ||
the following requirements:
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1. be at least 18 years of age; | ||
2. hold 1. He has a high school diploma or a high | ||
school equivalency certificate; and
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3. have 2. He has filed an original application, paid | ||
the
fee required for examination, and have successfully | ||
passed the
General Standards examination.
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B. Any individual engaging in commercial or non-commercial | ||
structural
pest control and supervising the use of utilizing | ||
restricted pesticides in any one of the
sub-categories in | ||
Section 7 of this Act must shall meet the following | ||
requirements:
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1. be at least 18 years of age; | ||
2. hold 1. He has a high school diploma or a high | ||
school equivalency certificate; and
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3. have 2. He has:
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a. six months of practical experience in one or
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more sub-categories in structural pest control; or
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b. successfully completed a minimum of 16 semester | ||
hours,
or their equivalent, in entomology or related | ||
fields from a
recognized college or university; or
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c. successfully completed a pest control course,
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approved by the Department, from a recognized | ||
educational
institution or other entity.
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Each applicant shall have filed an original application and | ||
paid the
fee required for examination. Every applicant who | ||
successfully passes the
General Standards examination and at | ||
least one sub-category examination
shall be certified in each | ||
sub-category which he has successfully passed.
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A certified technician who wishes to be certified in
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sub-categories for which he has not been previously certified
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may apply for any sub-category examination provided he meets | ||
the
requirements set forth in this Section, files an original | ||
application,
and pays the fee for examination.
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An applicant who fails to pass the General Standards | ||
examination
or any sub-category examination may reapply for | ||
that examination, provided
that he files an application and | ||
pays the fee required for an original
examination. | ||
Re-examination applications shall be on forms prescribed
by the | ||
Department.
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(Source: P.A. 98-718, eff. 1-1-15.)
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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. | ||
(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. A certificate may be
renewed | ||
by application upon a form prescribed by the Department,
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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, 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. | ||
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.
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(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.
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(c) A certified technician who has not renewed his or her | ||
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 | ||
and late filing charge
and the furnishing of evidence of | ||
training in accordance with item (2) of subsection (a) of this | ||
Section. If a technician has not renewed
his or her certificate | ||
for a period of more than one year after its
expiration, the | ||
technician 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 supervisory pest control activities until the | ||
requirements of this Section have been met and a certificate | ||
has been issued by the Department.
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(Source: P.A. 93-922, eff. 1-1-05; reenacted by P.A. 95-786, | ||
eff. 8-7-08; 96-1362, eff. 7-28-10.)
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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 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,
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 or its | ||
designee shall conduct
written examinations at least 4 times | ||
each year and may require a
practical demonstration by each | ||
applicant.
Written examinations The written examination shall | ||
be prepared from suggested study materials.
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(Source: P.A. 85-227; reenacted by P.A. 95-786, eff. 8-7-08; | ||
96-1362, eff. 7-28-10.)
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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 | ||
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:
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(a) Violation of this Act or any rule or regulation | ||
promulgated hereunder.
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(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.
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(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.
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(d) Performing structural pest control in a careless or | ||
negligent
manner so as to be detrimental to health.
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(e) Failing 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.
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(f) Fraudulent advertising or solicitations relating | ||
to structural pest control.
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(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.
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(h) Impersonating any federal, state, county, or city | ||
official.
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(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.
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(j) Failing to comply with a written Department notice | ||
or lawful order of the Director. | ||
(k) Failing to pay any civil penalty or fine assessed | ||
by the Department. | ||
(Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08; | ||
96-1362, eff. 7-28-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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