SB2918 EnrolledLRB099 15940 MGM 40257 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pesticide Act is amended by
5changing Sections 4, 9, 10, 11.1, 12, and 13 as follows:
 
6    (415 ILCS 60/4)  (from Ch. 5, par. 804)
7    Sec. 4. Definitions. As used in this Act:
8    1. "Director" means Director of the Illinois Department of
9Agriculture or his authorized representative.
10    2. "Active Ingredient" means any ingredient which will
11prevent, destroy, repel, control or mitigate a pest or which
12will act as a plant regulator, defoliant or desiccant.
13    3. "Adulterated" shall apply to any pesticide if the
14strength or purity is not within the standard of quality
15expressed on the labeling under which it is sold, distributed
16or used, including any substance which has been substituted
17wholly or in part for the pesticide as specified on the
18labeling under which it is sold, distributed or used, or if any
19valuable constituent of the pesticide has been wholly or in
20part abstracted.
21    4. "Agricultural Commodity" means produce of the land
22including but not limited to plants and plant parts, livestock
23and poultry and livestock or poultry products, seeds, sod,

 

 

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1shrubs and other products of agricultural origin including the
2premises necessary to and used directly in agricultural
3production. Agricultural commodity also includes aquatic
4products as defined in the Aquaculture Development Act.
5    5. "Animal" means all vertebrate and invertebrate species
6including, but not limited to, man and other mammals, bird,
7fish, and shellfish.
8    6. "Beneficial Insects" means those insects which during
9their life cycle are effective pollinators of plants, predators
10of pests or are otherwise beneficial.
11    7. "Certified applicator".
12        A. "Certified applicator" means any individual who is
13    certified under this Act to purchase, use, or supervise the
14    use of pesticides which are classified for restricted use.
15        B. "Private applicator" means a certified applicator
16    who purchases, uses, or supervises the use of any pesticide
17    classified for restricted use, for the purpose of producing
18    any agricultural commodity on property owned, rented, or
19    otherwise controlled by him or his employer, or applied to
20    other property if done without compensation other than
21    trading of personal services between no more than 2
22    producers of agricultural commodities.
23        C. "Licensed Commercial Applicator" means a certified
24    applicator, whether or not he is a private applicator with
25    respect to some uses, who owns or manages a business that
26    is engaged in applying pesticides, whether classified for

 

 

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1    general or restricted use, for hire. The term also applies
2    to a certified applicator who uses or supervises the use of
3    pesticides, whether classified for general or restricted
4    use, for any purpose or on property of others excluding
5    those specified by subparagraphs 7 (B), (D), (E) of Section
6    4 of this Act.
7        D. "Commercial Not For Hire Applicator" means a
8    certified applicator who uses or supervises the use of
9    pesticides classified for general or restricted use for any
10    purpose on property of an employer when such activity is a
11    requirement of the terms of employment and such application
12    of pesticides under this certification is limited to
13    property under the control of the employer only and
14    includes, but is not limited to, the use or supervision of
15    the use of pesticides in a greenhouse setting. "Commercial
16    Not For Hire Applicator" also includes a certified
17    applicator who uses or supervises the use of pesticides
18    classified for general or restricted use as an employee of
19    a state agency, municipality, or other duly constituted
20    governmental agency or unit.
21        E. "Licensed Public Applicator" means a certified
22    applicator who uses or supervises the use of pesticides
23    classified for general or restricted use as an employee of
24    a state agency, municipality, or other duly constituted
25    governmental agency or unit.
26    8. "Defoliant" means any substance or combination of

 

 

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1substances which cause leaves or foliage to drop from a plant
2with or without causing abscission.
3    9. "Desiccant" means any substance or combination of
4substances intended for artificially accelerating the drying
5of plant tissue.
6    10. "Device" means any instrument or contrivance, other
7than a firearm or equipment for application of pesticides when
8sold separately from pesticides, which is intended for
9trapping, repelling, destroying, or mitigating any pest, other
10than bacteria, virus, or other microorganisms on or living in
11man or other living animals.
12    11. "Distribute" means offer or hold for sale, sell,
13barter, ship, deliver for shipment, receive and then deliver,
14or offer to deliver pesticides, within the State.
15    12. "Environment" includes water, air, land, and all plants
16and animals including man, living therein and the
17interrelationships which exist among these.
18    13. "Equipment" means any type of instruments and
19contrivances using motorized, mechanical or pressure power
20which is used to apply any pesticide, excluding pressurized
21hand-size household apparatus containing dilute ready to apply
22pesticide or used to apply household pesticides.
23    14. "FIFRA" means the "Federal Insecticide Fungicide
24Rodenticide Act", as amended.
25    15. "Fungi" means any non-chlorophyll bearing
26thallophytes, any non-chlorophyll bearing plant of a lower

 

 

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1order than mosses or liverworts, as for example rust, smut,
2mildew, mold, yeast and bacteria, except those on or in living
3animals including man and those on or in processed foods,
4beverages or pharmaceuticals.
5    16. "Household Substance" means any pesticide customarily
6produced and distributed for use by individuals in or about the
7household.
8    17. "Imminent Hazard" means a situation which exists when
9continued use of a pesticide would likely result in
10unreasonable adverse effect on the environment or will involve
11unreasonable hazard to the survival of a species declared
12endangered by the U.S. Secretary of the Interior or to species
13declared to be protected by the Illinois Department of Natural
14Resources.
15    18. "Inert Ingredient" means an ingredient which is not an
16active ingredient.
17    19. "Ingredient Statement" means a statement of the name
18and percentage of each active ingredient together with the
19total percentage of inert ingredients in a pesticide and for
20pesticides containing arsenic in any form, the ingredient
21statement shall include percentage of total and water soluble
22arsenic, each calculated as elemental arsenic. In the case of
23spray adjuvants the ingredient statement need contain only the
24names of the functioning agents and the total percent of those
25constituents ineffective as spray adjuvants.
26    20. "Insect" means any of the numerous small invertebrate

 

 

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1animals generally having the body more or less obviously
2segmented for the most part belonging to the class Insects,
3comprised of six-legged, usually winged forms, as for example
4beetles, caterpillars, and flies. This definition encompasses
5other allied classes of arthropods whose members are wingless
6and usually have more than 6 legs as for example spiders,
7mites, ticks, centipedes, and millipedes.
8    21. "Label" means the written, printed or graphic matter on
9or attached to the pesticide or device or any of its containers
10or wrappings.
11    22. "Labeling" means the label and all other written,
12printed or graphic matter: (a) on the pesticide or device or
13any of its containers or wrappings, (b) accompanying the
14pesticide or device or referring to it in any other media used
15to disseminate information to the public, (c) to which
16reference is made to the pesticide or device except when
17references are made to current official publications of the U.
18S. Environmental Protection Agency, Departments of
19Agriculture, Health, Education and Welfare or other Federal
20Government institutions, the state experiment station or
21colleges of agriculture or other similar state institution
22authorized to conduct research in the field of pesticides.
23    23. "Land" means all land and water area including
24airspace, and all plants, animals, structures, buildings,
25contrivances, and machinery appurtenant thereto or situated
26thereon, fixed or mobile, including any used for

 

 

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1transportation.
2    24. "Licensed Operator" means a person employed to apply
3pesticides to the lands of others under the direction of a
4"licensed commercial applicator" or a "licensed public
5applicator" or a "licensed commercial not-for-hire
6applicator".
7    25. "Nematode" means invertebrate animals of the phylum
8nemathelminthes and class nematoda, also referred to as nemas
9or eelworms, which are unsegmented roundworms with elongated
10fusiform or sac-like bodies covered with cuticle and inhabiting
11soil, water, plants or plant parts.
12    26. "Permit" means a written statement issued by the
13Director or his authorized agent, authorizing certain acts of
14pesticide purchase or of pesticide use or application on an
15interim basis prior to normal certification, registration, or
16licensing.
17    27. "Person" means any individual, partnership,
18association, fiduciary, corporation, or any organized group of
19persons whether incorporated or not.
20    28. "Pest" means (a) any insect, rodent, nematode, fungus,
21weed, or (b) any other form of terrestrial or aquatic plant or
22animal life or virus, bacteria, or other microorganism,
23excluding virus, bacteria, or other microorganism on or in
24living animals including man, which the Director declares to be
25a pest.
26    29. "Pesticide" means any substance or mixture of

 

 

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1substances intended for preventing, destroying, repelling, or
2mitigating any pest or any substance or mixture of substances
3intended for use as a plant regulator, defoliant or desiccant.
4    30. "Pesticide Dealer" means any person who distributes
5registered pesticides to the user.
6    31. "Plant Regulator" means any substance or mixture of
7substances intended through physiological action to affect the
8rate of growth or maturation or otherwise alter the behavior of
9ornamental or crop plants or the produce thereof. This does not
10include substances which are not intended as plant nutrient
11trace elements, nutritional chemicals, plant or seed
12inoculants or soil conditioners or amendments.
13    32. "Protect Health and Environment" means to guard against
14any unreasonable adverse effects on the environment.
15    33. "Registrant" means person who has registered any
16pesticide pursuant to the provision of FIFRA and this Act.
17    34. "Restricted Use Pesticide" means any pesticide with one
18or more of its uses classified as restricted by order of the
19Administrator of USEPA.
20    35. "SLN Registration" means registration of a pesticide
21for use under conditions of special local need as defined by
22FIFRA.
23    36. "State Restricted Pesticide Use" means any pesticide
24use which the Director determines, subsequent to public
25hearing, that an additional restriction for that use is needed
26to prevent unreasonable adverse effects.

 

 

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1    37. "Structural Pest" means any pests which attack and
2destroy buildings and other structures or which attack
3clothing, stored food, commodities stored at food
4manufacturing and processing facilities or manufactured and
5processed goods.
6    38. "Unreasonable Adverse Effects on the Environment"
7means the unreasonable risk to the environment, including man,
8from the use of any pesticide, when taking into account accrued
9benefits of as well as the economic, social, and environmental
10costs of its use.
11    39. "USEPA" means United States Environmental Protection
12Agency.
13    40. "Use inconsistent with the label" means to use a
14pesticide in a manner not consistent with the label
15instruction, the definition adopted in FIFRA as interpreted by
16USEPA shall apply in Illinois.
17    41. "Weed" means any plant growing in a place where it is
18not wanted.
19    42. "Wildlife" means all living things, not human,
20domestic, or pests.
21    43. "Bulk pesticide" means any registered pesticide which
22is transported or held in an individual container in undivided
23quantities of greater than 55 U.S. gallons liquid measure or
24100 pounds net dry weight.
25    44. "Bulk repackaging" means the transfer of a registered
26pesticide from one bulk container (containing undivided

 

 

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1quantities of greater than 100 U.S. gallons liquid measure or
2100 pounds net dry weight) to another bulk container
3(containing undivided quantities of greater than 100 U.S.
4gallons liquid measure or 100 pounds net dry weight) in an
5unaltered state in preparation for sale or distribution to
6another person.
7    45. "Business" means any individual, partnership,
8corporation or association engaged in a business operation for
9the purpose of selling or distributing pesticides or providing
10the service of application of pesticides in this State.
11    46. "Facility" means any building or structure and all real
12property contiguous thereto, including all equipment fixed
13thereon used for the operation of the business.
14    47. "Chemigation" means the application of a pesticide
15through the systems or equipment employed for the primary
16purpose of irrigation of land and crops.
17    48. "Use" means any activity covered by the pesticide label
18including but not limited to application of pesticide, mixing
19and loading, storage of pesticides or pesticide containers,
20disposal of pesticides and pesticide containers and reentry
21into treated sites or areas.
22(Source: P.A. 98-756, eff. 7-16-14.)
 
23    (415 ILCS 60/9)  (from Ch. 5, par. 809)
24    Sec. 9. Licenses and pesticide dealer registrations
25requirements; certification.

 

 

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1        (a) Licenses and pesticide dealer registrations issued
2    pursuant to this Act as a result of certification attained
3    in calendar year 2017 or earlier shall be valid for the
4    calendar one year in which they were issued, except that
5    private applicator licenses shall be valid for the calendar
6    year in which they were issued plus 2 additional calendar 3
7    years. All licenses and pesticide dealer registrations
8    shall expire on December 31 of the year in which it is to
9    expire. A license or pesticide dealer registration in
10    effect on the 31st of December, for which renewal has been
11    made within 60 days following the date of expiration, shall
12    continue in full force and effect until the Director
13    notifies the applicant that renewal has been approved and
14    accepted or is to be denied in accordance with this Act.
15    The Director shall not issue a license or pesticide dealer
16    registration to a first time applicant or to a person who
17    has not made application for renewal on or before March 1
18    following the expiration date of the license or pesticide
19    dealer registration until such applicant or person has been
20    certified by the Director as having successfully
21    demonstrated competence and knowledge regarding pesticide
22    use. The Director shall issue a license or pesticide dealer
23    registration to a person that made application after March
24    1 and before April 15 if that application is accompanied by
25    a late application fee. A licensee or pesticide dealer
26    shall be required to be recertified for competence and

 

 

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1    knowledge regarding pesticide use at least once every 3
2    years and at such other times as deemed necessary by the
3    Director to assure a continued level of competence and
4    ability. The Director shall by regulation specify the
5    standard of qualification for certification and the manner
6    of establishing an applicant's competence and knowledge. A
7    certification shall remain valid only if an applicant
8    attains licensure or pesticide dealer registration during
9    the calendar year in which certification was granted and
10    the licensure is maintained throughout the 3-year
11    certification period.
12        (b) Multi-year licenses and pesticide dealer
13    registrations issued pursuant to this Act as a result of
14    certification attained in calendar year 2018 or thereafter
15    shall be valid for the calendar year in which they were
16    issued plus 2 additional calendar years. All licenses and
17    pesticide dealer registrations shall expire on December 31
18    of the year in which they are to expire. A license or
19    pesticide dealer registration in effect on the 31st of
20    December, for which recertification and licensure has been
21    made within 60 days following the date of expiration, shall
22    continue in full force and effect until the Director
23    notifies the applicant that recertification and licensure
24    has been approved and accepted or is to be denied in
25    accordance with this Act. A licensee or pesticide dealer
26    shall be required to be recertified for competence and

 

 

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1    knowledge regarding pesticide use at least once every 3
2    years and at such other times as deemed necessary by the
3    Director to assure a continued level of competence and
4    ability. The Director shall by rule specify the standard of
5    qualification for certification and the manner of
6    establishing the applicant's competence and knowledge. A
7    certification shall remain valid only if an applicant
8    attains licensure or pesticide dealer registration during
9    the calendar year in which certification was granted and
10    the licensure is maintained throughout the 3-year
11    certification period. Notwithstanding the other provisions
12    of this subsection (b), the employer of a pesticide
13    applicator or operator licensee may notify the Director
14    that the licensee's employment has been terminated. If the
15    employer submits that notification, the employer shall
16    return to the Director the licensee's pesticide applicator
17    or operator license card and may request that the unused
18    portion of the terminated licensee's pesticide applicator
19    or operator license term be transferred to a newly
20    certified or re-certified individual, and the Director may
21    issue the appropriate pesticide applicator or operator
22    license to the newly certified or re-certified individual
23    with an expiration date equal to the original license after
24    payment of a $10 transfer fee.
25        (c) The Director may refuse to issue a license or
26    pesticide dealer registration based upon the violation

 

 

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1    history of the applicant.
2(Source: P.A. 98-923, eff. 1-1-15.)
 
3    (415 ILCS 60/10)  (from Ch. 5, par. 810)
4    Sec. 10. Commercial Applicator License. No commercial
5applicator shall use or supervise the use of any pesticide
6without a commercial license issued by the Director. For the
7years preceding the year 2001, the Director shall require an
8annual fee for commercial applicator license of $35. For the
9years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee
10for a commercial applicator license is $45. For the years 2007
11through 2017 and thereafter, the annual fee for a commercial
12applicator license is $60. For the years 2018 and thereafter,
13the fee for a multi-year commercial applicator license is $180.
14The late application fee for a commercial applicator license
15shall be $20 in addition to the normal license fee. A
16commercial applicator shall be assessed a fee of $10 $5 for a
17duplicate license.
18    1. Application for the commercial applicator license shall
19be made in writing on designated forms available from the
20Director. Each application shall contain information regarding
21the applicants qualifications, nature of the proposed
22operation, classification of license being sought, and shall
23include the following:
24        A. The full name of the applicant.
25        B. The address of the applicant.

 

 

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

 

 

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

 

 

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

 

 

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1the Director. For the years 2011 through 2017 and thereafter,
2the public or commercial not-for-hire pesticide applicator
3license fee shall be $20. For the years 2018 and thereafter,
4the fee for a multi-year commercial not-for-hire pesticide
5applicator license is $60. The late application fee for a
6public or commercial not-for-hire applicator license shall be
7$20 in addition to the normal license fees. A public or
8commercial not-for-hire applicator shall be assessed a fee of
9$10 $5 for a duplicate license.
10    1. Application for certification as a commercial
11not-for-hire pesticide applicator shall be made in writing on
12designated forms available from the Director. Each application
13shall contain information regarding the qualifications of the
14applicant, classification of certification being sought, and
15shall include the following:
16        A. The full name of the applicant.
17        B. The name of the applicant's employer.
18        C. The address at the applicant's place of employment.
19        D. Any other information prescribed by the Director on
20    the designated form.
21    2. The Director shall not issue a certification to a
22commercial not-for-hire pesticide applicator until the
23individual identified has demonstrated his competence and
24knowledge regarding pesticide use in accordance with Section 9
25of this Act.
26    3. The Director shall not renew a certification as a

 

 

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

 

 

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

 

 

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1person who is unable to provide the name and
2license/certification number of an applicator under whom the
3operator will work.
4    4. For the years preceding the year 2001, a licensed
5commercial operator working for or under the supervision of a
6certified licensed commercial pesticide applicator shall pay
7an annual fee of $25. For the years 2001, 2002, and 2003, the
8annual fee for a commercial operator license is $30. For the
9years 2004, 2005, and 2006, the annual fee for a commercial
10operator license is $35. For the years 2007 through 2017 and
11thereafter, the annual fee for a commercial operator license is
12$40. For the years 2018 and thereafter, the fee for a
13multi-year commercial applicator license is $120. The late
14application fee for an operator license shall be $20 in
15addition to the normal license fee. A licensed operator shall
16be assessed a fee of $10 $5 for a duplicate license.
17    5. For the years 2011 through 2017 and thereafter, the
18public or commercial not-for-hire pesticide operator license
19fee shall be $15. For the years 2018 and thereafter, the fee
20for a multi-year commercial not-for-hire pesticide applicator
21license is $45. The late application fee for a public or
22commercial not-for-hire applicator license shall be $20 in
23addition to the normal license fees. A public or commercial
24not-for-hire operator shall be assessed a fee of $10 $5 for a
25duplicate license.
26(Source: P.A. 96-1310, eff. 7-27-10.)
 

 

 

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1    (415 ILCS 60/13)  (from Ch. 5, par. 813)
2    Sec. 13. Pesticide dealers. Any pesticide dealer who sells
3Restricted Use pesticides shall be registered with the
4Department on forms provided by the Director. Beginning July 1,
52005, any pesticide dealer that sells non-restricted use
6pesticides for use in the production of an agricultural
7commodity in containers with a capacity of 2.5 gallons or
8greater or 10 pounds or greater must also register with the
9Department on forms provided by the Director. Through 2017,
10registration Registration shall consist of passing a required
11examination and payment of a $100 registration fee. For the
12years 2018 and thereafter, the pesticide dealer registration
13fee for a multi-year registration period is $300. The late
14application fee for a pesticide dealer registration shall be
15$20 in addition to the normal pesticide dealer registration
16fee. A pesticide dealer shall be assessed a fee of $10 $5 for a
17duplicate registration.
18    Dealers who hold a Structural Pest Control license with the
19Illinois Department of Public Health or a Commercial
20Applicator's license with the Illinois Department of
21Agriculture are exempt from the registration fee but must
22register with the Department.
23    Each place of business which sells restricted use
24pesticides or non-restricted pesticides for use in the
25production of an agricultural commodity in containers with a

 

 

SB2918 Enrolled- 23 -LRB099 15940 MGM 40257 b

1capacity of 2.5 gallons or greater or 10 pounds or greater
2shall be considered a separate entity for the purpose of
3registration.
4    Registration as a pesticide dealer shall expire on December
531 of the each year in which it is to expire. Pesticide dealers
6shall be certified in accordance with Section 9 of this Act.
7    The Director may prescribe, by rule, requirements for the
8registration and testing of any pesticide dealer selling other
9than restricted use pesticides and such rules shall include the
10establishment of a registration fee in an amount not to exceed
11the pesticide dealer registration fee.
12    The Department may refuse to issue or may suspend the
13registration of any person who fails to file a return, or to
14pay the tax, penalty, or interest shown in a filed return, or
15to pay any final assessment of tax, penalty, or interest, as
16required by any tax Act administered by the Illinois Department
17of Revenue, until such time as the requirements of any such tax
18Act are satisfied.
19(Source: P.A. 94-60, eff. 6-20-05.)