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    (Section scheduled to be repealed on December 31, 2019)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    (Section scheduled to be repealed on December 31, 2019)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    (Section scheduled to be repealed on December 31, 2019)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