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Public Act 096-1362


 

Public Act 1362 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1362
 
SB2602 EnrolledLRB096 16296 ASK 31554 b

    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    (Section scheduled to be repealed on December 31, 2019)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    (Section scheduled to be repealed on December 31, 2019)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
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    (Section scheduled to be repealed on December 31, 2019)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.
        (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