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Public Act 100-0716
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| SB2864 Enrolled | LRB100 15829 SMS 30938 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing |
Section 4.29 and by adding Section 4.39 as follows:
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(5 ILCS 80/4.29) |
Sec. 4.29. Acts repealed on January 1, 2019 and December |
31, 2019. |
(a) The following Act is repealed on January 1, 2019: |
The Environmental Health Practitioner Licensing Act. |
(b) The following Act is Acts are repealed on December 31, |
2019: |
The Medical Practice Act of 1987. |
The Structural Pest Control Act.
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(Source: P.A. 100-429, eff. 8-25-17.)
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(5 ILCS 80/4.39 new) |
Sec. 4.39. Act repealed on December 31, 2029. The following |
Act is repealed on December 31, 2029: |
The Structural Pest Control Act.
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Section 10. The Structural Pest Control Act is amended by |
changing Sections 5, 6, 7, and 13 as follows:
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(225 ILCS 235/5) (from Ch. 111 1/2, par. 2205)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 5. Certification requirements. No individual shall |
apply any
general use or restricted pesticide while engaged in |
commercial structural
pest control in this State unless the |
individual is engaged in or has completed the training |
requirements prescribed by the Department and is unless |
certified, or supervised by someone who
is certified, by the |
Department in accordance with this Section.
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No individual shall apply any restricted pesticide while |
engaged in
non-commercial structural pest control in this State |
unless the individual is engaged in or has completed the |
training requirements prescribed by the Department and is |
unless certified, or
supervised by someone who is certified, by |
the Department in accordance
with this Section. In addition, |
any individual at any non-commercial
structural pest control |
location using general use pesticides shall comply
with the |
labeling requirements of the pesticides used at that location.
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Each commercial structural pest control location shall be |
required to
employ at least one certified technician at each |
location. In addition,
each non-commercial structural pest |
control location utilizing restricted
pesticides shall be |
required to employ at least one certified technician at
each |
location. Individuals who are not certified technicians may |
work
under the supervision of a certified technician employed |
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at the commercial
or non-commercial location who shall be |
responsible for their pest control
activities. Any technician |
providing supervision for the use of restricted
pesticides must |
be certified in the sub-category for which he is providing
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supervision.
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A. Any individual engaging in commercial structural pest |
control and
utilizing general use pesticides must shall meet |
the following requirements:
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1. be at least 18 years of age; |
2. hold 1. He has a high school diploma or a high |
school equivalency certificate; and
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3. have 2. He has filed an original application, paid |
the
fee required for examination, and have successfully |
passed the
General Standards examination.
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B. Any individual engaging in commercial or non-commercial |
structural
pest control and supervising the use of utilizing |
restricted pesticides in any one of the
sub-categories in |
Section 7 of this Act must shall meet the following |
requirements:
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1. be at least 18 years of age; |
2. hold 1. He has a high school diploma or a high |
school equivalency certificate; and
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3. have 2. He has:
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a. six months of practical experience in one or
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more sub-categories in structural pest control; or
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b. successfully completed a minimum of 16 semester |
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hours,
or their equivalent, in entomology or related |
fields from a
recognized college or university; or
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c. successfully completed a pest control course,
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approved by the Department, from a recognized |
educational
institution or other entity.
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Each applicant shall have filed an original application and |
paid the
fee required for examination. Every applicant who |
successfully passes the
General Standards examination and at |
least one sub-category examination
shall be certified in each |
sub-category which he has successfully passed.
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A certified technician who wishes to be certified in
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sub-categories for which he has not been previously certified
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may apply for any sub-category examination provided he meets |
the
requirements set forth in this Section, files an original |
application,
and pays the fee for examination.
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An applicant who fails to pass the General Standards |
examination
or any sub-category examination may reapply for |
that examination, provided
that he files an application and |
pays the fee required for an original
examination. |
Re-examination applications shall be on forms prescribed
by the |
Department.
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(Source: P.A. 98-718, eff. 1-1-15.)
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(225 ILCS 235/6) (from Ch. 111 1/2, par. 2206)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 6. Renewal of technician certification. |
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(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. A certificate may be
renewed |
by application upon a form prescribed by the Department,
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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, 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. |
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.
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(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 |
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direction of pest
control operations of the licensee or |
registrant.
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(c) A certified technician who has not renewed his or her |
certificate for
a period of not more than one year after its
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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. If a technician has not renewed
his or her certificate |
for a period of more than one year after its
expiration, the |
technician 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 supervisory pest control activities until the |
requirements of this Section have been met and a certificate |
has been issued by the Department.
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(Source: P.A. 93-922, eff. 1-1-05; reenacted by P.A. 95-786, |
eff. 8-7-08; 96-1362, eff. 7-28-10.)
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(225 ILCS 235/7) (from Ch. 111 1/2, par. 2207)
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(Section scheduled to be repealed on December 31, 2019)
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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 |
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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,
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 or its |
designee shall conduct
written examinations at least 4 times |
each year and may require a
practical demonstration by each |
applicant.
Written examinations The written examination shall |
be prepared from suggested study materials.
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(Source: P.A. 85-227; reenacted by P.A. 95-786, eff. 8-7-08; |
96-1362, eff. 7-28-10.)
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(225 ILCS 235/13) (from Ch. 111 1/2, par. 2213)
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(Section scheduled to be repealed on December 31, 2019)
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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:
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(a) Violation of this Act or any rule or regulation |
promulgated hereunder.
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(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.
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(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.
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(d) Performing structural pest control in a careless or |
negligent
manner so as to be detrimental to health.
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(e) Failing 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.
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(f) Fraudulent advertising or solicitations relating |
to structural pest control.
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(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.
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(h) Impersonating any federal, state, county, or city |
official.
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(i) Performing structural pest control, utilizing, or |
authorizing the use
or sale of, pesticides which are in |