Public Act 099-0540
 
SB2918 EnrolledLRB099 15940 MGM 40257 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pesticide Act is amended by
changing Sections 4, 9, 10, 11.1, 12, and 13 as follows:
 
    (415 ILCS 60/4)  (from Ch. 5, par. 804)
    Sec. 4. Definitions. As used in this Act:
    1. "Director" means Director of the Illinois Department of
Agriculture or his authorized representative.
    2. "Active Ingredient" means any ingredient which will
prevent, destroy, repel, control or mitigate a pest or which
will act as a plant regulator, defoliant or desiccant.
    3. "Adulterated" shall apply to any pesticide if the
strength or purity is not within the standard of quality
expressed on the labeling under which it is sold, distributed
or used, including any substance which has been substituted
wholly or in part for the pesticide as specified on the
labeling under which it is sold, distributed or used, or if any
valuable constituent of the pesticide has been wholly or in
part abstracted.
    4. "Agricultural Commodity" means produce of the land
including but not limited to plants and plant parts, livestock
and poultry and livestock or poultry products, seeds, sod,
shrubs and other products of agricultural origin including the
premises necessary to and used directly in agricultural
production. Agricultural commodity also includes aquatic
products as defined in the Aquaculture Development Act.
    5. "Animal" means all vertebrate and invertebrate species
including, but not limited to, man and other mammals, bird,
fish, and shellfish.
    6. "Beneficial Insects" means those insects which during
their life cycle are effective pollinators of plants, predators
of pests or are otherwise beneficial.
    7. "Certified applicator".
        A. "Certified applicator" means any individual who is
    certified under this Act to purchase, use, or supervise the
    use of pesticides which are classified for restricted use.
        B. "Private applicator" means a certified applicator
    who purchases, uses, or supervises the use of any pesticide
    classified for restricted use, for the purpose of producing
    any agricultural commodity on property owned, rented, or
    otherwise controlled by him or his employer, or applied to
    other property if done without compensation other than
    trading of personal services between no more than 2
    producers of agricultural commodities.
        C. "Licensed Commercial Applicator" means a certified
    applicator, whether or not he is a private applicator with
    respect to some uses, who owns or manages a business that
    is engaged in applying pesticides, whether classified for
    general or restricted use, for hire. The term also applies
    to a certified applicator who uses or supervises the use of
    pesticides, whether classified for general or restricted
    use, for any purpose or on property of others excluding
    those specified by subparagraphs 7 (B), (D), (E) of Section
    4 of this Act.
        D. "Commercial Not For Hire Applicator" means a
    certified applicator who uses or supervises the use of
    pesticides classified for general or restricted use for any
    purpose on property of an employer when such activity is a
    requirement of the terms of employment and such application
    of pesticides under this certification is limited to
    property under the control of the employer only and
    includes, but is not limited to, the use or supervision of
    the use of pesticides in a greenhouse setting. "Commercial
    Not For Hire Applicator" also includes a certified
    applicator who uses or supervises the use of pesticides
    classified for general or restricted use as an employee of
    a state agency, municipality, or other duly constituted
    governmental agency or unit.
        E. "Licensed Public Applicator" means a certified
    applicator who uses or supervises the use of pesticides
    classified for general or restricted use as an employee of
    a state agency, municipality, or other duly constituted
    governmental agency or unit.
    8. "Defoliant" means any substance or combination of
substances which cause leaves or foliage to drop from a plant
with or without causing abscission.
    9. "Desiccant" means any substance or combination of
substances intended for artificially accelerating the drying
of plant tissue.
    10. "Device" means any instrument or contrivance, other
than a firearm or equipment for application of pesticides when
sold separately from pesticides, which is intended for
trapping, repelling, destroying, or mitigating any pest, other
than bacteria, virus, or other microorganisms on or living in
man or other living animals.
    11. "Distribute" means offer or hold for sale, sell,
barter, ship, deliver for shipment, receive and then deliver,
or offer to deliver pesticides, within the State.
    12. "Environment" includes water, air, land, and all plants
and animals including man, living therein and the
interrelationships which exist among these.
    13. "Equipment" means any type of instruments and
contrivances using motorized, mechanical or pressure power
which is used to apply any pesticide, excluding pressurized
hand-size household apparatus containing dilute ready to apply
pesticide or used to apply household pesticides.
    14. "FIFRA" means the "Federal Insecticide Fungicide
Rodenticide Act", as amended.
    15. "Fungi" means any non-chlorophyll bearing
thallophytes, any non-chlorophyll bearing plant of a lower
order than mosses or liverworts, as for example rust, smut,
mildew, mold, yeast and bacteria, except those on or in living
animals including man and those on or in processed foods,
beverages or pharmaceuticals.
    16. "Household Substance" means any pesticide customarily
produced and distributed for use by individuals in or about the
household.
    17. "Imminent Hazard" means a situation which exists when
continued use of a pesticide would likely result in
unreasonable adverse effect on the environment or will involve
unreasonable hazard to the survival of a species declared
endangered by the U.S. Secretary of the Interior or to species
declared to be protected by the Illinois Department of Natural
Resources.
    18. "Inert Ingredient" means an ingredient which is not an
active ingredient.
    19. "Ingredient Statement" means a statement of the name
and percentage of each active ingredient together with the
total percentage of inert ingredients in a pesticide and for
pesticides containing arsenic in any form, the ingredient
statement shall include percentage of total and water soluble
arsenic, each calculated as elemental arsenic. In the case of
spray adjuvants the ingredient statement need contain only the
names of the functioning agents and the total percent of those
constituents ineffective as spray adjuvants.
    20. "Insect" means any of the numerous small invertebrate
animals generally having the body more or less obviously
segmented for the most part belonging to the class Insects,
comprised of six-legged, usually winged forms, as for example
beetles, caterpillars, and flies. This definition encompasses
other allied classes of arthropods whose members are wingless
and usually have more than 6 legs as for example spiders,
mites, ticks, centipedes, and millipedes.
    21. "Label" means the written, printed or graphic matter on
or attached to the pesticide or device or any of its containers
or wrappings.
    22. "Labeling" means the label and all other written,
printed or graphic matter: (a) on the pesticide or device or
any of its containers or wrappings, (b) accompanying the
pesticide or device or referring to it in any other media used
to disseminate information to the public, (c) to which
reference is made to the pesticide or device except when
references are made to current official publications of the U.
S. Environmental Protection Agency, Departments of
Agriculture, Health, Education and Welfare or other Federal
Government institutions, the state experiment station or
colleges of agriculture or other similar state institution
authorized to conduct research in the field of pesticides.
    23. "Land" means all land and water area including
airspace, and all plants, animals, structures, buildings,
contrivances, and machinery appurtenant thereto or situated
thereon, fixed or mobile, including any used for
transportation.
    24. "Licensed Operator" means a person employed to apply
pesticides to the lands of others under the direction of a
"licensed commercial applicator" or a "licensed public
applicator" or a "licensed commercial not-for-hire
applicator".
    25. "Nematode" means invertebrate animals of the phylum
nemathelminthes and class nematoda, also referred to as nemas
or eelworms, which are unsegmented roundworms with elongated
fusiform or sac-like bodies covered with cuticle and inhabiting
soil, water, plants or plant parts.
    26. "Permit" means a written statement issued by the
Director or his authorized agent, authorizing certain acts of
pesticide purchase or of pesticide use or application on an
interim basis prior to normal certification, registration, or
licensing.
    27. "Person" means any individual, partnership,
association, fiduciary, corporation, or any organized group of
persons whether incorporated or not.
    28. "Pest" means (a) any insect, rodent, nematode, fungus,
weed, or (b) any other form of terrestrial or aquatic plant or
animal life or virus, bacteria, or other microorganism,
excluding virus, bacteria, or other microorganism on or in
living animals including man, which the Director declares to be
a pest.
    29. "Pesticide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating any pest or any substance or mixture of substances
intended for use as a plant regulator, defoliant or desiccant.
    30. "Pesticide Dealer" means any person who distributes
registered pesticides to the user.
    31. "Plant Regulator" means any substance or mixture of
substances intended through physiological action to affect the
rate of growth or maturation or otherwise alter the behavior of
ornamental or crop plants or the produce thereof. This does not
include substances which are not intended as plant nutrient
trace elements, nutritional chemicals, plant or seed
inoculants or soil conditioners or amendments.
    32. "Protect Health and Environment" means to guard against
any unreasonable adverse effects on the environment.
    33. "Registrant" means person who has registered any
pesticide pursuant to the provision of FIFRA and this Act.
    34. "Restricted Use Pesticide" means any pesticide with one
or more of its uses classified as restricted by order of the
Administrator of USEPA.
    35. "SLN Registration" means registration of a pesticide
for use under conditions of special local need as defined by
FIFRA.
    36. "State Restricted Pesticide Use" means any pesticide
use which the Director determines, subsequent to public
hearing, that an additional restriction for that use is needed
to prevent unreasonable adverse effects.
    37. "Structural Pest" means any pests which attack and
destroy buildings and other structures or which attack
clothing, stored food, commodities stored at food
manufacturing and processing facilities or manufactured and
processed goods.
    38. "Unreasonable Adverse Effects on the Environment"
means the unreasonable risk to the environment, including man,
from the use of any pesticide, when taking into account accrued
benefits of as well as the economic, social, and environmental
costs of its use.
    39. "USEPA" means United States Environmental Protection
Agency.
    40. "Use inconsistent with the label" means to use a
pesticide in a manner not consistent with the label
instruction, the definition adopted in FIFRA as interpreted by
USEPA shall apply in Illinois.
    41. "Weed" means any plant growing in a place where it is
not wanted.
    42. "Wildlife" means all living things, not human,
domestic, or pests.
    43. "Bulk pesticide" means any registered pesticide which
is transported or held in an individual container in undivided
quantities of greater than 55 U.S. gallons liquid measure or
100 pounds net dry weight.
    44. "Bulk repackaging" means the transfer of a registered
pesticide from one bulk container (containing undivided
quantities of greater than 100 U.S. gallons liquid measure or
100 pounds net dry weight) to another bulk container
(containing undivided quantities of greater than 100 U.S.
gallons liquid measure or 100 pounds net dry weight) in an
unaltered state in preparation for sale or distribution to
another person.
    45. "Business" means any individual, partnership,
corporation or association engaged in a business operation for
the purpose of selling or distributing pesticides or providing
the service of application of pesticides in this State.
    46. "Facility" means any building or structure and all real
property contiguous thereto, including all equipment fixed
thereon used for the operation of the business.
    47. "Chemigation" means the application of a pesticide
through the systems or equipment employed for the primary
purpose of irrigation of land and crops.
    48. "Use" means any activity covered by the pesticide label
including but not limited to application of pesticide, mixing
and loading, storage of pesticides or pesticide containers,
disposal of pesticides and pesticide containers and reentry
into treated sites or areas.
(Source: P.A. 98-756, eff. 7-16-14.)
 
    (415 ILCS 60/9)  (from Ch. 5, par. 809)
    Sec. 9. Licenses and pesticide dealer registrations
requirements; certification.
        (a) Licenses and pesticide dealer registrations issued
    pursuant to this Act as a result of certification attained
    in calendar year 2017 or earlier shall be valid for the
    calendar one year in which they were issued, except that
    private applicator licenses shall be valid for the calendar
    year in which they were issued plus 2 additional calendar 3
    years. All licenses and pesticide dealer registrations
    shall expire on December 31 of the year in which it is to
    expire. A license or pesticide dealer registration in
    effect on the 31st of December, for which renewal has been
    made within 60 days following the date of expiration, shall
    continue in full force and effect until the Director
    notifies the applicant that renewal has been approved and
    accepted or is to be denied in accordance with this Act.
    The Director shall not issue a license or pesticide dealer
    registration to a first time applicant or to a person who
    has not made application for renewal on or before March 1
    following the expiration date of the license or pesticide
    dealer registration until such applicant or person has been
    certified by the Director as having successfully
    demonstrated competence and knowledge regarding pesticide
    use. The Director shall issue a license or pesticide dealer
    registration to a person that made application after March
    1 and before April 15 if that application is accompanied by
    a late application fee. A licensee or pesticide dealer
    shall be required to be recertified for competence and
    knowledge regarding pesticide use at least once every 3
    years and at such other times as deemed necessary by the
    Director to assure a continued level of competence and
    ability. The Director shall by regulation specify the
    standard of qualification for certification and the manner
    of establishing an applicant's competence and knowledge. A
    certification shall remain valid only if an applicant
    attains licensure or pesticide dealer registration during
    the calendar year in which certification was granted and
    the licensure is maintained throughout the 3-year
    certification period.
        (b) Multi-year licenses and pesticide dealer
    registrations issued pursuant to this Act as a result of
    certification attained in calendar year 2018 or thereafter
    shall be valid for the calendar year in which they were
    issued plus 2 additional calendar years. All licenses and
    pesticide dealer registrations shall expire on December 31
    of the year in which they are to expire. A license or
    pesticide dealer registration in effect on the 31st of
    December, for which recertification and licensure has been
    made within 60 days following the date of expiration, shall
    continue in full force and effect until the Director
    notifies the applicant that recertification and licensure
    has been approved and accepted or is to be denied in
    accordance with this Act. A licensee or pesticide dealer
    shall be required to be recertified for competence and
    knowledge regarding pesticide use at least once every 3
    years and at such other times as deemed necessary by the
    Director to assure a continued level of competence and
    ability. The Director shall by rule specify the standard of
    qualification for certification and the manner of
    establishing the applicant's competence and knowledge. A
    certification shall remain valid only if an applicant
    attains licensure or pesticide dealer registration during
    the calendar year in which certification was granted and
    the licensure is maintained throughout the 3-year
    certification period. Notwithstanding the other provisions
    of this subsection (b), the employer of a pesticide
    applicator or operator licensee may notify the Director
    that the licensee's employment has been terminated. If the
    employer submits that notification, the employer shall
    return to the Director the licensee's pesticide applicator
    or operator license card and may request that the unused
    portion of the terminated licensee's pesticide applicator
    or operator license term be transferred to a newly
    certified or re-certified individual, and the Director may
    issue the appropriate pesticide applicator or operator
    license to the newly certified or re-certified individual
    with an expiration date equal to the original license after
    payment of a $10 transfer fee.
        (c) The Director may refuse to issue a license or
    pesticide dealer registration based upon the violation
    history of the applicant.
(Source: P.A. 98-923, eff. 1-1-15.)
 
    (415 ILCS 60/10)  (from Ch. 5, par. 810)
    Sec. 10. Commercial Applicator License. No commercial
applicator shall use or supervise the use of any pesticide
without a commercial license issued by the Director. For the
years preceding the year 2001, the Director shall require an
annual fee for commercial applicator license of $35. For the
years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee
for a commercial applicator license is $45. For the years 2007
through 2017 and thereafter, the annual fee for a commercial
applicator license is $60. For the years 2018 and thereafter,
the fee for a multi-year commercial applicator license is $180.
The late application fee for a commercial applicator license
shall be $20 in addition to the normal license fee. A
commercial applicator shall be assessed a fee of $10 $5 for a
duplicate license.
    1. Application for the commercial applicator license shall
be made in writing on designated forms available from the
Director. Each application shall contain information regarding
the applicants qualifications, nature of the proposed
operation, classification of license being sought, and shall
include the following:
        A. The full name of the applicant.
        B. The address of the applicant.
        C. Any necessary information prescribed by the
    Director on the designated application form.
    2. An applicant for a license shall demonstrate competence
and knowledge regarding pesticide use in accordance with
Section 9 of this Act.
    3. A licensed commercial applicator must provide to the
Director at the time of original licensing and must maintain
throughout the licensure period license renewal 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 in either of the following
manners:
        A. Evidence of responsibility may be provided in the
    form of a surety bond for each licensed commercial
    applicator naming the licensed commercial applicator as
    principal of the bond. The amount of the bond shall be not
    less than $50,000 per year. It is permissible to provide
    two bonds; one for $25,000 for bodily injury liability and
    the second for $25,000 for property damage liability. The
    bond or bonds shall be made payable to the Director of
    Agriculture, State of Illinois, for the benefit of the
    injured party and shall be conditioned upon compliance with
    the provisions of this Act by the principal, his or her
    officers, representatives and employees; or
        B. Evidence of responsibility may be provided in the
    form of a certificate of liability insurance providing
    coverage for each licensed commercial applicator or
    licensed entity in the amount of not less than $50,000 per
    person, $100,000 per occurrence bodily injury liability
    coverage, with an annual aggregate of not less than
    $500,000, and $50,000 per occurrence property damage
    liability, with an annual aggregate of not less than
    $50,000; or, in lieu thereof, a combined single limit of
    not less than $100,000 bodily injury and property damage
    liability combined, with an annual aggregate of not less
    than $500,000.
    4. Every insurance policy or bond shall contain a provision
that it will not be cancelled or reduced by the principal or
insurance company, except upon 30 days prior notice in writing
to the Director of the Department at the Springfield, Illinois
office and the principal insured. A reduction or cancellation
of policy shall not affect the liability accrued or which may
accrue under such policy before the expiration of the 30 days.
The notice shall contain the termination date. Upon said
reduction or cancellation, the Director shall immediately
notify the licensee that his or her license will be suspended
and the effective date until the minimum bond or liability
insurance requirements are met by the licensee for the current
license period.
    5. Nothing in this Act shall be construed to relieve any
person from liability for any damage to persons or property
caused by use of pesticides even though such use conforms to
label instructions and pertinent rules and regulations of this
State.
    6. The Director may renew any applicant's license in the
classifications for which such applicant is licensed, subject
to requalification requirements imposed by the Director.
Requalification standards shall be prescribed by regulations
adopted pursuant to this Act and are required to ensure that
the licensed commercial applicator meets the requirements of
changing technology and to assure a continued level of
competence and ability.
    7. The Director may limit the license of an applicant to
allow only the use of certain pesticides in a delimited
geographic area, or to the use of certain application
techniques or equipment. If a license is not issued as applied
for, the Director shall inform the applicant in writing of the
reasons and extend an opportunity for the applicant to complete
the requirements for the license desired.
    8. For the purpose of uniformity, the Director may enter
into agreements for accepting standards of qualification of
other states as a basis for licensing commercial applicators.
(Source: P.A. 89-94, eff. 7-6-95; 90-205, eff. 1-1-98.)
 
    (415 ILCS 60/11.1)  (from Ch. 5, par. 811.1)
    Sec. 11.1. Public and Commercial Not-for-Hire License. No
public or commercial not-for-hire applicator shall use or
supervise the use of any pesticide without a license issued by
the Director. For the years 2011 through 2017 and thereafter,
the public or commercial not-for-hire pesticide applicator
license fee shall be $20. For the years 2018 and thereafter,
the fee for a multi-year commercial not-for-hire pesticide
applicator license is $60. The late application fee for a
public or commercial not-for-hire applicator license shall be
$20 in addition to the normal license fees. A public or
commercial not-for-hire applicator shall be assessed a fee of
$10 $5 for a duplicate license.
    1. Application for certification as a commercial
not-for-hire pesticide applicator shall be made in writing on
designated forms available from the Director. Each application
shall contain information regarding the qualifications of the
applicant, classification of certification being sought, and
shall include the following:
        A. The full name of the applicant.
        B. The name of the applicant's employer.
        C. The address at the applicant's place of employment.
        D. Any other information prescribed by the Director on
    the designated form.
    2. The Director shall not issue a certification to a
commercial not-for-hire pesticide applicator until the
individual identified has demonstrated his competence and
knowledge regarding pesticide use in accordance with Section 9
of this Act.
    3. The Director shall not renew a certification as a
commercial not-for-hire pesticide applicator until the
applicant reestablishes his qualifications in accordance with
Section 9 of this Act or has met other requirements imposed by
regulation in order to ensure that the applicant meets the
requirements of changing technology and to assure a continued
level of competence and ability.
    4. (Blank). Application for certification as a public
pesticide applicator shall be made in writing on designated
forms available from the Director. Each application shall
contain information regarding qualifications of applicant,
classification of certification being sought, and shall
include the following:
        A. The full name of the applicant.
        B. The name of the applicant's employer.
        C. Any other information prescribed by the Director on
    the designated form.
    5. (Blank). The Director shall not issue a certificate to a
public pesticide applicator until the individual identified
has demonstrated his competence and knowledge regarding
pesticide use in accordance with Section 9 of this Act.
    6. (Blank). The Director shall not renew a certification as
a public pesticide applicator until the applicant
reestablishes his qualifications in accordance with Section 9
of this Act or has met other requirements imposed by regulation
in order to ensure that the applicant meets the requirements of
changing technology and to assure a continued level of
competence and ability.
    7. Persons applying general use pesticides, approved by the
Inter-Agency Committee on the Use of Pesticides, to scrap tires
for the control of mosquitoes shall be exempt from the license
requirements of this Section.
(Source: P.A. 96-1310, eff. 7-27-10.)
 
    (415 ILCS 60/12)  (from Ch. 5, par. 812)
    Sec. 12. Licensed Operator. No pesticide operator shall use
any pesticides without a pesticide operator license issued by
the Director.
    1. Application for an operator license shall be made in
writing on designated forms available from the Director. Each
application shall contain information regarding the nature of
applicants pesticide use, his qualifications, and such other
facts as prescribed on the form. The application shall also
include the following:
        A. The full name of applicant.
        B. The address of the applicant.
        C. The name of and license/certification number of the
    pesticide applicator under whom the applicant will work.
    2. The Director shall not issue a pesticide operator
license until the individual identified has demonstrated his
competence and knowledge regarding pesticide use in accordance
with Section 9 of this Act.
    3. The Director shall not issue an operator license to any
person who is unable to provide the name and
license/certification number of an applicator under whom the
operator will work.
    4. For the years preceding the year 2001, a licensed
commercial operator working for or under the supervision of a
certified licensed commercial pesticide applicator shall pay
an annual fee of $25. For the years 2001, 2002, and 2003, the
annual fee for a commercial operator license is $30. For the
years 2004, 2005, and 2006, the annual fee for a commercial
operator license is $35. For the years 2007 through 2017 and
thereafter, the annual fee for a commercial operator license is
$40. For the years 2018 and thereafter, the fee for a
multi-year commercial applicator license is $120. The late
application fee for an operator license shall be $20 in
addition to the normal license fee. A licensed operator shall
be assessed a fee of $10 $5 for a duplicate license.
    5. For the years 2011 through 2017 and thereafter, the
public or commercial not-for-hire pesticide operator license
fee shall be $15. For the years 2018 and thereafter, the fee
for a multi-year commercial not-for-hire pesticide applicator
license is $45. The late application fee for a public or
commercial not-for-hire applicator license shall be $20 in
addition to the normal license fees. A public or commercial
not-for-hire operator shall be assessed a fee of $10 $5 for a
duplicate license.
(Source: P.A. 96-1310, eff. 7-27-10.)
 
    (415 ILCS 60/13)  (from Ch. 5, par. 813)
    Sec. 13. Pesticide dealers. Any pesticide dealer who sells
Restricted Use pesticides shall be registered with the
Department on forms provided by the Director. Beginning July 1,
2005, any pesticide dealer that sells non-restricted use
pesticides for use in the production of an agricultural
commodity in containers with a capacity of 2.5 gallons or
greater or 10 pounds or greater must also register with the
Department on forms provided by the Director. Through 2017,
registration Registration shall consist of passing a required
examination and payment of a $100 registration fee. For the
years 2018 and thereafter, the pesticide dealer registration
fee for a multi-year registration period is $300. The late
application fee for a pesticide dealer registration shall be
$20 in addition to the normal pesticide dealer registration
fee. A pesticide dealer shall be assessed a fee of $10 $5 for a
duplicate registration.
    Dealers who hold a Structural Pest Control license with the
Illinois Department of Public Health or a Commercial
Applicator's license with the Illinois Department of
Agriculture are exempt from the registration fee but must
register with the Department.
    Each place of business which sells restricted use
pesticides or non-restricted pesticides for use in the
production of an agricultural commodity in containers with a
capacity of 2.5 gallons or greater or 10 pounds or greater
shall be considered a separate entity for the purpose of
registration.
    Registration as a pesticide dealer shall expire on December
31 of the each year in which it is to expire. Pesticide dealers
shall be certified in accordance with Section 9 of this Act.
    The Director may prescribe, by rule, requirements for the
registration and testing of any pesticide dealer selling other
than restricted use pesticides and such rules shall include the
establishment of a registration fee in an amount not to exceed
the pesticide dealer registration fee.
    The Department may refuse to issue or may suspend the
registration of any person who fails to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of any such tax
Act are satisfied.
(Source: P.A. 94-60, eff. 6-20-05.)