Illinois General Assembly - Full Text of Public Act 100-0716
Illinois General Assembly

Previous General Assemblies

Public Act 100-0716


 

Public Act 0716 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0716
 
SB2864 EnrolledLRB100 15829 SMS 30938 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.29 and by adding Section 4.39 as follows:
 
    (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 Acts repealed on January 1, 2019 and December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    (a) The following Act is repealed on January 1, 2019: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    (b) The following Act is Acts are repealed on December 31,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.
(Source: P.A. 100-429, eff. 8-25-17.)
 
    (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 Act repealed on December 31, 2029.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Act is repealed on December 31, 2029: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.
 
    Section 10. The Structural Pest Control Act is amended by
changing Sections 5, 6, 7, and 13 as follows:
 
    (225 ILCS 235/5)  (from Ch. 111 1/2, par. 2205)
    (Section scheduled to be repealed on December 31, 2019)
    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.
    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.
    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
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
supervision.
    A. Any individual engaging in commercial structural pest
control and utilizing general use pesticides must shall meet
the following requirements:
        1. be at least 18 years of age;
        2. hold 1. He has a high school diploma or a high
    school equivalency certificate; and
        3. have 2. He has filed an original application, paid
    the fee required for examination, and have successfully
    passed the General Standards examination.
    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:
        1. be at least 18 years of age;
        2. hold 1. He has a high school diploma or a high
    school equivalency certificate; and
        3. have 2. He has:
            a. six months of practical experience in one or
        more sub-categories in structural pest control; or
            b. successfully completed a minimum of 16 semester
        hours, or their equivalent, in entomology or related
        fields from a recognized college or university; or
            c. successfully completed a pest control course,
        approved by the Department, from a recognized
        educational institution or other entity.
    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.
    A certified technician who wishes to be certified in
sub-categories for which he has not been previously certified
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.
    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.
(Source: P.A. 98-718, eff. 1-1-15.)
 
    (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.
    (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,
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.
    (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. 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.
(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.)
 
    (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, 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.
(Source: P.A. 85-227; reenacted by P.A. 95-786, eff. 8-7-08;
96-1362, eff. 7-28-10.)
 
    (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) 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.
        (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.
        (k) Failing to pay any civil penalty or fine assessed
    by the Department.
(Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08;
96-1362, eff. 7-28-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/3/2018