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92_SB1091
LRB9208176LBgc
1 AN ACT concerning professional regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Structural Pest Control Act is amended by
5 changing Sections 3.11, 4, 6, 9, and 22 as follows:
6 (225 ILCS 235/3.11) (from Ch. 111 1/2, par. 2203.11)
7 Sec. 3.11. "Commercial Structural Pest Control Business"
8 means any business in the course of which any person
9 performs, advertises, or contracts to perform structural pest
10 control services on property under the ownership or control
11 of another in exchange for any consideration.
12 (Source: P.A. 82-725.)
13 (225 ILCS 235/4) (from Ch. 111 1/2, par. 2204)
14 Sec. 4. Licensing and registration location
15 requirements).
16 (a) It shall be unlawful for any person to engage in a
17 commercial structural pest control business at any location
18 in this State or within Illinois from any location outside
19 this State, after October 21, 1977, unless such person is
20 licensed by the Department. A person shall have a separate
21 license for each commercial structural pest control business
22 location. It shall also be unlawful for any person to engage
23 in a commercial pest control business in Illinois from any
24 location outside this State unless such person is licensed by
25 this Department. The licensee may use its state
26 identification number in all forms of advertising.
27 (b) It shall be unlawful for any person who owns or
28 operates a non-commercial structural pest control location to
29 engage in non-commercial structural pest control using
30 restricted pesticides in this State after October 21, 1977,
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1 unless registered as a non-commercial structural pest control
2 location by the Department.
3 (c) No person shall be licensed or registered as a
4 commercial or non-commercial structural pest control business
5 at any location without complying with the certification
6 requirements as prescribed in Section 5 of this Act.
7 (d) If a licensee or registrant changes its location of
8 operation during the year of issuance, the Department shall
9 be notified in writing of the new location within 15 days.
10 The old license or registration shall accompany the
11 notification along with the fee as prescribed in Section 9 of
12 this Act be surrendered and, upon receipt, a replacement will
13 be issued by the Department for a fee of $10.
14 (e) All licenses and registrations issued under this Act
15 shall expire on December 31 of the year issued, except that
16 an original license or registration issued after October 1
17 and before December 31 shall expire on December 31 of the
18 following year. A license or registration may be renewed by
19 filing a completed renewal making application on a form as
20 prescribed by regulation and the Department and by paying the
21 fee prescribed in Section 9 with the Department no later than
22 December 1 preceding the date of expiration. Applications
23 received by the Department postmarked after December 1 but
24 before December 31 shall be accompanied by the required late
25 filing fee as prescribed in Section 9. License or
26 registration applications postmarked after December 31 will
27 not be eligible for renewal required by this Act. Renewal
28 applications shall be filed with the Department prior to
29 December 1 of each year.
30 (f) No license or registration shall be transferable
31 from one person to another.
32 (g) No person shall be licensed as a commercial pest
33 control business location without complying with the
34 insurance requirements of Section 9 of this Act.
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1 (Source: P.A. 83-825.)
2 (225 ILCS 235/6) (from Ch. 111 1/2, par. 2206)
3 Sec. 6. Renewal of technician certification.
4 Certificate renewal). A certified technician's certificate
5 shall be valid for a period of 3 years expiring on December
6 31 of the third year, except that an original certificate
7 issued between October 1 and December 31 shall expire on
8 December 31 of the third full calendar year following
9 issuance. and must be renewed by January 1 of each third
10 year. A certificate may be renewed by application upon a
11 form prescribed by the Department, provided that the
12 certified technician provides the following:
13 (1) A renewal application filed with the Department
14 and postmarked no later than the December 1 preceding the
15 date of expiration. Applications received by the
16 Department after December 1 shall be accompanied by the
17 required late filing charge prescribed in Section 9 of
18 this Act.
19 (2) Evidence attached to the renewal application or
20 on file with the Department of acquiring, during the
21 certification period, a minimum of 9 classroom contact
22 hours of training in areas covered by the technician's
23 certificate at the Department approved pest control
24 training seminars.
25 (3) The required fee as prescribed in Section 9 of
26 this Act. furnishes evidence that he has attended, during
27 the 3 year period at least one training seminar and any
28 additional approved seminar on structural pest control
29 required by any rule promulgated under this Act and pays
30 the fee required by this Act. Renewal applications shall
31 be filed with the Department prior to December 1
32 preceding the date of expiration.
33 Certified technician's certificates are not transferable
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1 from one person to another person, and no licensee or
2 registrant shall use the certificate of a certified
3 technician to secure or hold a license or registration unless
4 the holder of such certificate is actively engaged in the
5 direction of pest control operations of the licensee or
6 registrant.
7 A certified technician who has not renewed a his
8 certificate for a period of not more than one year after its
9 expiration may secure a renewal upon payment of the renewal
10 fee, late filing charge and the furnishing of evidence of
11 training in accordance with item (2) of this Section as may
12 be required by the Department. If a technician has not
13 renewed the his certificate for a period of more than one
14 year after its expiration, the technician he shall file an
15 original application for examination, pay all required fees
16 including, but not limited to, renewal examination fees or
17 late filing fees, and successfully pass the examination
18 before his certificate is renewed.
19 Any individual who fails to renew a certification by the
20 date of expiration shall suspend the performance of all pest
21 control activities under this Act until the requirements of
22 this Section have been met and a certificate is issued by the
23 Department.
24 (Source: P.A. 83-825.)
25 (225 ILCS 235/9) (from Ch. 111 1/2, par. 2209)
26 Sec. 9. Fees and required insurance.
27 (a) The fees required by this Act are as follows:
28 (1) The fee for an original commercial structural
29 pest control business license is $250, and the fee for
30 each renewal of the commercial structural pest control
31 business license is $150.
32 (2) The fee for an original non-commercial
33 structural pest control business registration is $200,
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1 and the fee for each renewal of the non-commercial
2 structural pest control registration is $125.
3 (3) The fee for an application for examination as a
4 certified technician including an original certificate is
5 $75, and the fee for each renewal of the certified
6 technician license is $75.
7 (4) The fee for an application for examination in
8 sub-categories not previously examined of for
9 reexamination as a certified technician in areas
10 previously failed is $50.
11 (5) The fee for replacement of licenses,
12 registrations, or certifications is $25.
13 (6) The fee for late filing for any license,
14 registration, or certification is $75.
15 (7) The fee for multiple copies of this Act and the
16 rules adopted under this Act or for any category or
17 sub-category of training materials is $5 per copy of
18 each.
19 (a) For an original license and each renewal -
20 $100.
21 (b) For an original registration and each renewal -
22 $50.
23 (c) For each certificate renewal - $40.
24 (d) For an application for examination including an
25 original certificate - $40.
26 (e) Any person who fails to file a renewal
27 application by the date of expiration of a license,
28 certification or registration shall be assessed a late
29 filing charge of $75.
30 (f) For duplicate copies of certificates, licenses
31 or registrations - $10.
32 All fees shall be paid by check or money order. Any fee
33 required by this Act is not refundable in the event that the
34 original application or application for renewal is denied.
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1 (b) Every application for an original commercial
2 structural pest control business location license shall be
3 accompanied by a certificate of insurance issued by an
4 insurance company authorized to do business in the State of
5 Illinois or by a risk retention or purchasing group formed
6 pursuant to the federal Liability Risk Retention Act of 1986,
7 which provides primary, first dollar public liability
8 coverage of the applicant or licensee for personal injuries
9 for not less than $100,000 per person, or $300,000 per
10 occurrence, and, in addition, for not less than $50,000 per
11 occurrence for property damage, resulting from structural
12 pest control. The insurance policy shall be in effect at all
13 times during the license year and a new certificate of
14 insurance shall be filed with the Department within 30 days
15 after the renewal of the insurance policy. Each application
16 for renewal of a commercial structural pest control location
17 license shall also include a certificate of insurance as
18 detailed above unless a valid certificate of insurance is
19 already on file with the Department. Applicants for
20 registration or registration renewal shall not be required to
21 provide evidence of public liability insurance coverage.
22 All administrative civil fines and fees collected
23 pursuant to this Act shall be deposited into the Pesticide
24 Control Fund established pursuant to the Illinois Pesticide
25 Act. The amount annually collected as administrative civil
26 fines and fees shall be appropriated by the General Assembly
27 to the Department for the purposes of conducting a public
28 education program on the proper use of pesticides and for
29 other activities related to enforcement of this Act and the
30 Illinois Pesticide Act.
31 (Source: P.A. 87-703.)
32 (225 ILCS 235/22) (from Ch. 111 1/2, par. 2222)
33 Sec. 22. Scope of Act). The provisions of this Act
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1 apply to any structural pest control operations performed by
2 the State or agency thereof. However, the Department State
3 or agency thereof or any local health department unit of
4 local government shall not be required to pay any fees, nor
5 shall the employees thereof engaged in pest control
6 activities in their official capacity be required to pay any
7 fees for examination, certification or renewal of
8 certification in the sub-categories of either (f) or (g)
9 specified in Section 7 of this Act.
10 This Act does not apply to any person certified by the
11 Illinois Department of Agriculture to use restricted
12 pesticides in structures on his own individual property.
13 (Source: P.A. 82-725.)