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92_SB1225eng SB1225 Engrossed LRB9204309LBgc 1 AN ACT in relation to the regulation of professions. 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 anotherin 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 engage23in a commercial pest control business in Illinois from any24location outside this State unless such person is licensed by25this 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 Stateafter October 21, 1977, SB1225 Engrossed -2- LRB9204309LBgc 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 Actbe surrenderedand, upon receipt, a replacement will 13 be issued by the Departmentfor 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 renewalmakingapplicationon aform as 20 prescribed by regulation andthe Department and by payingthe 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 renewalrequired by this Act.Renewal28applications shall be filed with the Department prior to29December 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. SB1225 Engrossed -3- LRB9204309LBgc 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. 4Certificate renewal).Acertifiedtechnician'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 third10year.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, in increments of 3 hours or more, of training at 23 Department-approved pest control training seminars. 24 (3) The required fee as prescribed in Section 9 of 25 this Act.furnishes evidence that he has attended, during26the 3 year period at least one training seminar and any27additional approved seminar on structural pest control28required by any rule promulgated under this Act and pays29the fee required by this Act. Renewal applications shall30be filed with the Department prior to December 131preceding the date of expiration.32 Certified technician's certificates are not transferable 33 from one person to another person, and no licensee or SB1225 Engrossed -4- LRB9204309LBgc 1 registrant shall use the certificate of a certified 2 technician to secure or hold a license or registration unless 3 the holder of such certificate is actively engaged in the 4 direction of pest control operations of the licensee or 5 registrant. 6 A certified technician who has not renewed ahis7 certificate for a period of not more than one year after its 8 expiration may secure a renewal upon payment of the renewal 9 fee, late filing charge and the furnishing of evidence of 10 training in accordance with item (2) of this Sectionas may11be required by the Department. If a technician has not 12 renewed thehiscertificate for a period of more than one 13 year after its expiration, the technicianheshall file an 14 original application for examination, pay all required fees 15 including, but not limited to, renewal examination fees or 16 late filing fees, and successfully pass the examination 17 before his certificate is renewed. 18 Any individual who fails to renew a certification by the 19 date of expiration shall suspend the performance of all pest 20 control activities under this Act until the requirements of 21 this Section have been met and a certificate is issued by the 22 Department. 23 (Source: P.A. 83-825.) 24 (225 ILCS 235/9) (from Ch. 111 1/2, par. 2209) 25 Sec. 9. Fees and required insurance. 26 (a) The fees required by this Act are as follows: 27 (1) The fee for an original commercial structural 28 pest control business license is $250, and the fee for 29 each renewal of the commercial structural pest control 30 business license is $150. 31 (2) The fee for an original non-commercial 32 structural pest control business registration is $200, 33 and the fee for each renewal of the non-commercial SB1225 Engrossed -5- LRB9204309LBgc 1 structural pest control registration is $125. 2 (3) The fee for an application for examination as a 3 certified technician including an original certificate is 4 $75, and the fee for each renewal of the certified 5 technician license is $75. 6 (4) The fee for an application for examination in 7 sub-categories not previously examined or for 8 reexamination as a certified technician in areas 9 previously failed is $50. 10 (5) The fee for replacement of licenses, 11 registrations, or certifications is $25. 12 (6) The fee for late filing for any license, 13 registration, or certification is $75. 14 (7) The fee for multiple copies of this Act and the 15 rules adopted under this Act or for any category or 16 sub-category of training materials is $5 per copy of 17 each. 18(a) For an original license and each renewal -19$100.20(b) For an original registration and each renewal -21$50.22(c) For each certificate renewal - $40.23(d) For an application for examination including an24original certificate - $40.25(e) Any person who fails to file a renewal26application by the date of expiration of a license,27certification or registration shall be assessed a late28filing charge of $75.29(f) For duplicate copies of certificates, licenses30or registrations - $10.31 All fees shall be paid by check or money order. Any fee 32 required by this Act is not refundable in the event that the 33 original application or application for renewal is denied. 34 (b) Every application for an original commercial SB1225 Engrossed -6- LRB9204309LBgc 1 structural pest control business location license shall be 2 accompanied by a certificate of insurance issued by an 3 insurance company authorized to do business in the State of 4 Illinois or by a risk retention or purchasing group formed 5 pursuant to the federal Liability Risk Retention Act of 1986, 6 which provides primary, first dollar public liability 7 coverage of the applicant or licensee for personal injuries 8 for not less than $100,000 per person, or $300,000 per 9 occurrence, and, in addition, for not less than $50,000 per 10 occurrence for property damage, resulting from structural 11 pest control. The insurance policy shall be in effect at all 12 times during the license year and a new certificate of 13 insurance shall be filed with the Department within 30 days 14 after the renewal of the insurance policy. Each application 15 for renewal of a commercial structural pest control location 16 license shall also include a certificate of insurance as 17 detailed above unless a valid certificate of insurance is 18 already on file with the Department. Applicants for 19 registration or registration renewal shall not be required to 20 provide evidence of public liability insurance coverage. 21 All administrative civil fines and fees collected 22 pursuant to this Act shall be deposited into the Pesticide 23 Control Fund established pursuant to the Illinois Pesticide 24 Act. The amount annually collected as administrative civil 25 fines and fees shall be appropriated by the General Assembly 26 to the Department for the purposes of conducting a public 27 education program on the proper use of pesticides and for 28 other activities related to enforcement of this Act and the 29 Illinois Pesticide Act. 30 (Source: P.A. 87-703.) 31 (225 ILCS 235/22) (from Ch. 111 1/2, par. 2222) 32 Sec. 22. Scope of Act). The provisions of this Act 33 apply to any structural pest control operations performed by SB1225 Engrossed -7- LRB9204309LBgc 1 the State or agency thereof. However, the State Health 2 Departmentor agency thereofor any local health department 3unit of local governmentshall not be required to pay any 4 fees, nor shall the employees thereof engaged in pest control 5 activities in their official capacity be required to pay any 6 fees for examination, certification or renewal of 7 certificationin the sub-categories of either (f) or (g)8specified in Section 7 of this Act. 9 This Act does not apply to any person certified by the 10 Illinois Department of Agriculture to use restricted 11 pesticides in structures on his own individual property. 12 (Source: P.A. 82-725.)