99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3815
 
Introduced , by Rep. David Reis
 
SYNOPSIS AS INTRODUCED:



          
415 ILCS 60/9 from Ch. 5, par. 809
415 ILCS 60/10 from Ch. 5, par. 810
415 ILCS 60/11.1 from Ch. 5, par. 811.1
415 ILCS 60/12 from Ch. 5, par. 812
415 ILCS 60/13 from Ch. 5, par. 813

 Amends the Illinois Pesticide Act. Provides that a licensed commercial applicator shall maintain throughout the licensure period evidence of financial responsibility protecting persons who may suffer personal injury or property damage or both as a result of the pesticide operation of the applicant. Makes changes to license and registration fees. Makes changes to the license and registration terms.



LRB099 10702 MGM 30977 b


 
 
A BILL FOR
 


HB3815LRB099 10702 MGM 30977 b



1 AN ACT concerning safety.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Pesticide Act is amended by 
5changing Sections 9, 10, 11.1, 12, and 13 as follows:



6 (415 ILCS 60/9) (from Ch. 5, par. 809)



7 Sec. 9. Licenses and pesticide dealer registrations 
8requirements;
certification.

9 (1) Licenses and pesticide dealer registrations issued 
10pursuant to this Act as a result of certification attained in 
11calendar year 2016 or earlier
shall be valid for the calendar 
12one year in which they were issued, except
that private 
13applicator licenses shall be valid for the calendar year in 
14which it was issued plus 2 additional calendar years 3 years. 
15All licenses
and pesticide dealer registrations shall expire on 
16December 31 of the year
in which it is to expire. A
license or 
17pesticide dealer registration in effect on the 31st of 
18December,
for which renewal has been made
within 60 days 
19following the date of expiration, shall continue in full
force 
20and effect until the Director notifies the applicant that 
21renewal has
been approved and accepted or is to be denied in 
22accordance with this Act. The
Director shall not issue a 
23license or pesticide dealer registration to a
first time 
 
 
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1applicant or to a
person who has not made application for 
2renewal on or before March 1 following
the expiration date of 
3the license or pesticide dealer registration until
such 
4applicant or person
has been certified by the Director as

5having successfully demonstrated competence and knowledge 
6regarding
pesticide use.
The Director shall issue a license or 
7pesticide dealer registration to a
person that made application

8after March 1 and before April 15 if that application is 
9accompanied by a late
application fee.
A licensee or pesticide 
10dealer shall be required to be recertified for
competence and 
11knowledge regarding pesticide use at least once every 3
years 
12and at such other times as deemed necessary by the Director to 
13assure
a continued level of competence and ability. The 
14Director shall by
regulation specify the standard of 
15qualification for certification and the
manner of establishing 
16an applicant's competence and knowledge. A certification shall 
17remain valid only if an applicant attains licensure or 
18pesticide dealer registration during the calendar year in which 
19certification was granted and the licensure is maintained 
20throughout the 3-year certification period.

21 (2) Multi-year licenses and pesticide dealer registrations 
22issued pursuant to this Act as a result of certification 
23attained in calendar year 2017 or thereafter shall be valid for 
24the calendar year in which they were issued plus 2 additional 
25calendar years. All licenses and pesticide dealer 
26registrations shall expire on December 31 of the year in which 
 
 
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1they are to expire. A license or pesticide dealer registration 
2in effect on the 31st of December, for which recertification 
3and licensure has been made within 60 days following the date 
4of expiration, shall continue in full force and effect until 
5the Director notifies the applicant that recertification and 
6licensure has been approved and accepted or is to be denied in 
7accordance with this Act. A licensee or pesticide dealer shall 
8be recertified for competence and knowledge regarding 
9pesticide use at least once every 3 years and at such other 
10times as deemed necessary by the Director to assure a continued 
11level of competence and ability. The Director shall specify by 
12rule the standard of qualification for certification and the 
13manner of establishing an applicant's competence and 
14knowledge. A certification shall remain valid only if an 
15applicant attains licensure or pesticide dealer registration 
16during the calendar year in which certification was granted and 
17the licensure is maintained throughout the 3-year 
18certification period. 
19 (3) The Director may refuse to issue a license or pesticide 
20dealer
registration based upon the violation
history of the 
21applicant.

22(Source: P.A. 98-923, eff. 1-1-15.)





23 (415 ILCS 60/10) (from Ch. 5, par. 810)



24 Sec. 10. Commercial Applicator License. No commercial

25applicator
shall use or supervise the use of any pesticide 
 
 
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1without a commercial
license issued by the Director. For the 
2years preceding the year 2001, the
Director shall require an 
3annual
fee for commercial applicator license of $35.
For the 
4years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee 
5for a
commercial applicator license is $45. For the years 2007 
6and thereafter, the
annual fee for a commercial applicator 
7license is $60. Notwithstanding the other provisions of this 
8Section, beginning with the 2017 calendar year, the fee for a 
9multi-year commercial applicator license shall be $180. The 
10late application
fee for a
commercial applicator license shall 
11be $20 in
addition to the normal license fee. A commercial 
12applicator shall be assessed
a fee of $10 $5 for a duplicate 
13license.

14 1. Application for the commercial applicator license shall 
15be made
in writing on designated forms available from the 
16Director. Each
application shall contain information regarding 
17the applicants
qualifications, nature of the proposed 
18operation, classification of
license being sought, and shall 
19include the following:


20  A. The full name of the applicant.


21  B. The address of the applicant.


22  C. Any necessary information prescribed by the 
23 Director on the
designated application form.

24 2. An applicant for a license shall demonstrate competence 
25and
knowledge regarding pesticide use in accordance with 
26Section 9 of this Act.

 
 
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1 3. A licensed commercial applicator shall must provide to 
2the Director at
the time of original licensing and shall 
3maintain throughout the licensure period license renewal 
4evidence of financial
responsibility protecting persons who 
5may suffer personal injury or property
damage or both as a 
6result of the pesticide operation of the applicant in
either of 
7the following manners:


8  A. Evidence of responsibility may be provided in the 
9 form of a surety
bond for each licensed commercial 
10 applicator naming the licensed commercial
applicator as 
11 principal of the bond. The amount of the bond shall be not

12 less than $50,000 per year. It is permissible to provide 
13 two bonds; one
for $25,000 for bodily injury liability and 
14 the second for $25,000 for property
damage liability. The 
15 bond or bonds shall be made payable to the Director
of 
16 Agriculture, State of Illinois, for the benefit of the 
17 injured party
and shall be conditioned upon compliance with 
18 the provisions of this Act
by the principal, his or her 
19 officers, representatives and employees; or


20  B. Evidence of responsibility may be provided in the 
21 form of a
certificate of liability
insurance providing 
22 coverage for each licensed commercial applicator or

23 licensed entity in the amount of not less than $50,000 per 
24 person, $100,000
per occurrence bodily injury liability 
25 coverage, with an annual
aggregate of not less than 
26 $500,000, and $50,000 per occurrence property
damage 
 
 
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1 liability, with
an annual aggregate of not less than 
2 $50,000; or, in lieu thereof,
a combined single limit of 
3 not less than
$100,000 bodily injury and property damage 
4 liability combined, with an
annual aggregate of not less 
5 than $500,000.

6 4. Every insurance policy or bond shall contain a provision 
7that it
will not be cancelled or reduced by the principal or 
8insurance company,
except upon 30 days prior notice in writing 
9to the Director of the Department
at the Springfield, Illinois 
10office and the principal insured. A reduction
or cancellation 
11of policy shall not affect the liability accrued or which
may 
12accrue under such policy before the expiration of the 30 days. 
13The
notice shall contain the termination date. Upon said 
14reduction or
cancellation, the Director shall immediately 
15notify the licensee that his
or her license will be suspended 
16and the effective date until the minimum
bond or liability 
17insurance requirements are met by the licensee for the
current 
18license period.

19 5. Nothing in this Act shall be construed to relieve any 
20person from
liability for any damage to persons or property 
21caused by use of
pesticides even though such use conforms to 
22label instructions and
pertinent rules and regulations of this 
23State.

24 6. The Director may renew any applicant's license in the

25classifications for which such applicant is licensed, subject 
26to
requalification requirements imposed by the Director. 
 
 
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1Requalification
standards shall be prescribed by regulations 
2adopted pursuant to this
Act and are required to ensure that 
3the licensed commercial applicator
meets the requirements of 
4changing technology and to assure a continued
level of 
5competence and ability.

6 7. The Director may limit the license of an applicant to 
7allow only
the use of certain pesticides in a delimited 
8geographic area, or to the
use of certain application 
9techniques or equipment. If a license is not
issued as applied 
10for, the Director shall inform the applicant in
writing of the 
11reasons and extend an opportunity for the applicant to
complete 
12the requirements for the license desired.

13 8. For the purpose of uniformity, the Director may enter 
14into
agreements for accepting standards of qualification of 
15other states as a
basis for licensing commercial applicators.

16(Source: P.A. 89-94, eff. 7-6-95; 90-205, eff. 1-1-98.)





17 (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)



18 Sec. 11.1. Public and Commercial Not-for-Hire License. No 
19public or
commercial not-for-hire applicator shall use or 
20supervise the use of any
pesticide without a license issued by 
21the Director.
For the years 2011 and thereafter, the public or 
22commercial not-for-hire pesticide applicator license fee shall 
23be $20. Notwithstanding the other provisions of this Section, 
24beginning with the 2017 calendar year, the fee for a multi-year 
25public or commercial not-for hire pesticide applicator license 
 
 
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1shall be $60. The late application fee for a public or 
2commercial not-for-hire applicator
license shall be $20 in 
3addition to the normal license fees. A public or commercial 
4not-for-hire applicator shall be assessed
a fee of $10 $5 for a 
5duplicate license.

6 1. Application for certification as a commercial 
7not-for-hire pesticide
applicator shall be made in writing on 
8designated forms available from the
Director. Each application 
9shall contain information regarding the
qualifications
of the 
10applicant, classification of certification being sought, and 
11shall
include the following:


12  A. The full name of the applicant.


13  B. The name of the applicant's employer.


14  C. The address at the applicant's place of employment.


15  D. Any other information prescribed by the Director on 
16 the designated
form.

17 2. The Director shall not issue a certification to a 
18commercial not-for-hire
pesticide applicator until the 
19individual identified has demonstrated his
competence and 
20knowledge regarding pesticide use in accordance with
Section 9 
21of this Act. 

22 3. The Director shall not renew a certification as a 
23commercial not-for-hire
pesticide applicator until the 
24applicant
reestablishes his qualifications in accordance
with 
25Section 9 of this Act
or has met other requirements imposed by 
26regulation in order to ensure that
the applicant meets the 
 
 
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1requirements of changing technology and to assure
a continued 
2level of competence and ability.

3 4. Application for certification as a public pesticide 
4applicator shall
be made in writing on designated forms 
5available from the Director. Each
application shall contain 
6information regarding qualifications of applicant,

7classification of certification being sought, and shall 
8include the following:


9  A. The full name of the applicant.


10  B. The name of the applicant's employer.


11  C. Any other information prescribed by the Director on 
12 the designated
form.

13 5. The Director shall not issue a certificate to a public 
14pesticide
applicator
until the individual identified has 
15demonstrated his competence and knowledge
regarding pesticide 
16use in accordance with Section 9 of this Act. 

17 6. The Director shall not renew a certification as a public

18pesticide applicator
until the applicant reestablishes his

19qualifications in accordance with Section 9 of this Act or has 
20met other
requirements imposed by regulation in order to ensure 
21that the applicant
meets the requirements of changing 
22technology and to assure a continued
level of competence and 
23ability.

24 7. Persons applying general use pesticides, approved by the

25Inter-Agency Committee on the Use of Pesticides, to scrap tires 
26for the
control of mosquitoes shall be exempt from the license 
 
 
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1requirements of this
Section.

2(Source: P.A. 96-1310, eff. 7-27-10.)





3 (415 ILCS 60/12) (from Ch. 5, par. 812)



4 Sec. 12. Licensed Operator. No pesticide operator shall use 
5any pesticides
without a pesticide operator license issued by 
6the Director.

7 1. Application for an operator license shall be made in 
8writing on
designated
forms available from the Director. Each 
9application shall contain information
regarding the nature of 
10applicants pesticide use, his qualifications, and
such other 
11facts as prescribed on the form. The application shall also

12include the following:


13  A. The full name of applicant.


14  B. The address of the applicant.


15  C. The name of and license/certification number of the 
16 pesticide
applicator
under whom the applicant will work.

17 2. The Director shall not issue a pesticide operator 
18license until the
individual identified has demonstrated his 
19competence and knowledge regarding
pesticide use in accordance 
20with Section 9 of this Act. 

21 3. The Director shall not issue an operator license to any 
22person who
is unable to provide the name and 
23license/certification number of an applicator
under whom the 
24operator will work.

25 4. For the years preceding the year 2001, a licensed 
 
 
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1commercial operator working
for or under the supervision of a 
2certified
licensed commercial pesticide applicator shall pay 
3an annual fee of $25.
For the years 2001, 2002, and 2003, the 
4annual fee for a commercial operator
license is $30. For the 
5years 2004, 2005, and 2006, the annual fee for a
commercial 
6operator license is $35. For the years 2007 and thereafter, the

7annual fee for a commercial operator license is $40. 
8Notwithstanding the other provisions of this paragraph, 
9beginning with the 2017 calendar year, the fee for a multi-year 
10commercial operator license shall be $120.
The late application 
11fee for an operator license shall be $20 in
addition to the 
12normal license fee. A licensed operator shall be assessed a
fee 
13of $10 $5 for a duplicate license.

14 5. For the years 2011 and thereafter, the public or 
15commercial not-for-hire pesticide operator license fee shall 
16be $15. Notwithstanding the other provisions of this paragraph, 
17beginning with the 2017 calendar year, the fee for a multi-year 
18commercial not-for-hire pesticide operator license fee shall 
19be $45. The late application fee for a public or commercial 
20not-for-hire applicator license shall be $20 in addition to the 
21normal license fees. A public or commercial not-for-hire 
22operator shall be assessed a fee of $10 $5 for a duplicate 
23license. 
24(Source: P.A. 96-1310, eff. 7-27-10.)





25 (415 ILCS 60/13) (from Ch. 5, par. 813)



 
 
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1 Sec. 13. Pesticide dealers. Any pesticide dealer who sells 
2Restricted
Use pesticides shall be registered with the 
3Department on forms provided by
the Director. Beginning July 1, 
42005, any pesticide dealer that sells non-restricted use 
5pesticides for use in the production of an agricultural 
6commodity in containers with a capacity of 2.5 gallons or 
7greater or 10 pounds or greater must also register with the 
8Department on forms provided by the Director. Registration 
9shall consist of passing a required
examination and payment of 
10a $100 registration fee. Notwithstanding the other provisions 
11of this Section, beginning with the 2017 calendar year, the 
12pesticide dealer registration fee for a multi-year 
13registration period shall be $300.
The late application fee for 
14a pesticide dealer registration shall be $20 in
addition to the 
15normal pesticide dealer registration fee. A pesticide dealer

16shall be assessed a fee of $10 $5 for a duplicate registration.

17 Dealers who hold a Structural Pest Control license with the 
18Illinois
Department of Public Health or a Commercial 
19Applicator's
license with the Illinois Department of 
20Agriculture are exempt from the
registration fee but must 
21register with the Department.

22 Each place of business which sells restricted use 
23pesticides or non-restricted pesticides for use in the 
24production of an agricultural commodity in containers with a 
25capacity of 2.5 gallons or greater or 10 pounds or greater

26shall be considered a separate entity for the purpose of 
 
 
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1registration.
2 Registration as a pesticide dealer shall expire on December 
331 of the each
year in which it is to expire. Pesticide dealers 
4shall be certified in accordance with Section 9
of this Act.

5 The Director may prescribe, by rule, requirements for the 
6registration
and testing of any pesticide dealer selling other 
7than restricted use
pesticides and such rules shall include the 
8establishment of a
registration fee in an amount not to exceed 
9the pesticide dealer registration
fee.

10 The Department may refuse to issue or may suspend the 
11registration
of any person who fails to file a return, or to 
12pay the tax, penalty, or
interest shown in a filed return, or 
13to pay any final assessment of tax,
penalty, or interest, as 
14required by any tax Act administered by the
Illinois Department 
15of Revenue, until such time as the requirements of any
such tax 
16Act are satisfied.

17(Source: P.A. 94-60, eff. 6-20-05.)