100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3130

 

Introduced , by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 60/6  from Ch. 5, par. 806
415 ILCS 60/12  from Ch. 5, par. 812

    Amends the Illinois Pesticide Act. Changes the product registration fee to $600 per 2-year registration period (currently, $300 per product per year). Changes the business registration fee to $800 per 2-year registration period (currently, $400 per year). Changes the penalty for late registration to $100 per product in addition to the regular product registration fee (currently, $400 per product in lieu of the normal registration fee). Makes other changes. Effective immediately.


LRB100 10470 MJP 20683 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3130LRB100 10470 MJP 20683 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 6 and 12 as follows:
 
6    (415 ILCS 60/6)  (from Ch. 5, par. 806)
7    Sec. 6. Registration.
8    1. Every pesticide which is distributed, sold, offered for
9sale within this State, delivered for transportation or
10transported in interstate commerce or between points within the
11State through any point outside the State, shall be registered
12with the Director or his designated agent, subject to
13provisions of this Act. Such registration shall be for a period
14determined under item 1.5 of this Section and shall expire on
15December 31st. Registration is not required if a pesticide is
16shipped from one plant or warehouse to another plant or
17warehouse by the same person and is used solely at such plant
18or warehouse as a constituent part to make a pesticide which is
19registered under provisions of this Act and FIFRA.
20    1.5. In order to stagger product registrations, the
21Department shall, for the 2011 registration year, register half
22of the applicants and their products for one year and the other
23half for 2 years. Thereafter, a business registration and

 

 

HB3130- 2 -LRB100 10470 MJP 20683 b

1product registration shall be for 2 years.
2    2. Registration applicant shall file a statement with the
3Director which shall include:
4        A. The name and address of the applicant and the name
5    and address of the person whose name will appear on the
6    label if different from the applicant's.
7        B. The name of the pesticide.
8        C. A copy of the labeling accompanying the pesticide
9    under customary conditions of distribution, sale and use,
10    including ingredient statement, direction for use, use
11    classification, and precautionary or warning statements.
12    3. The Director may require the submission of complete
13formula data.
14    4. The Director may require a full description of tests
15made and the results thereof, upon which the claims are based,
16for any pesticide not registered pursuant to FIFRA, or on any
17pesticide under consideration to be classified for restricted
18use.
19        A. The Director will not consider data he required of
20    the initial registrant of a pesticide in support of another
21    applicants' registration unless the subsequent applicant
22    has obtained written permission to use such data.
23        B. In the case of renewal registration, the Director
24    may accept a statement only with respect to information
25    which is different from that furnished previously.
26    5. The Director may prescribe other requirements to support

 

 

HB3130- 3 -LRB100 10470 MJP 20683 b

1a pesticide registration by regulation.
2    6. For the years preceding the year 2004, any registrant
3desiring to register a pesticide product at any time during one
4year shall pay the annual registration fee of $100 per product
5registered for that applicant. For the years 2004 through 2010,
6the annual product registration fee is $200 per product. For
7the years 2011 and thereafter, the product registration fee
8shall be $600 per product per 2-year registration period $300
9per product per year and shall be paid at the time of
10registration.
11    In addition, for the years preceding the year 2004 any
12business registering a pesticide product at any time during one
13year shall pay the annual business registration fee of $250.
14For the years 2004 through 2010, the annual business
15registration fee shall be $400. For the years 2011 and
16thereafter, the business registration fee shall be $800 per
172-year registration period $400 per year and shall be paid at
18the time of registration. Each legal entity of the business
19shall pay the business registration fee.
20    For the years preceding the year 2004, any applicant
21requesting an experimental use permit shall pay the annual fee
22of $100 per permit and all special local need pesticide
23registration applicants shall pay an annual fee of $100 per
24product. For the years 2004 through 2010, the annual
25experimental use permit fee and special local need pesticide
26registration fee is $200 per permit. For the years 2011 and

 

 

HB3130- 4 -LRB100 10470 MJP 20683 b

1thereafter, the annual experimental use permit and special
2local need pesticide registration fee shall be $300 per
3product. Subsequent SLN registrations for a pesticide already
4registered shall be exempted from the registration fee.
5        A. All registration accepted and approved by the
6    Director shall expire on the 31st day of December in any
7    one year unless cancelled. Registration for a special local
8    need may be granted for a specific period of time with the
9    approval date and expiration date specified.
10        B. If a registration for special local need granted by
11    the Director does not receive approval of the Administrator
12    of USEPA, the registration shall expire on the date of the
13    Administrator's disapproval.
14    7. Registrations approved and accepted by the Director and
15in effect on the 31st day of December, for which renewal
16application is made, shall continue in full force and effect
17until the Director notifies the registrant that the renewal has
18been approved and accepted or the registration is denied under
19this Act. Renewal registration forms will be provided to
20applicants by the Director.
21    8. If the renewal of a pesticide registration is not filed
22within 30 days of the date of expiration, a penalty late
23registration assessment of $100 per product shall apply in
24addition to the regular product registration fee $400 per
25product shall apply in lieu of the normal annual product
26registration fee. The late registration assessment shall not

 

 

HB3130- 5 -LRB100 10470 MJP 20683 b

1apply if the applicant furnishes an affidavit certifying that
2no unregulated pesticide was distributed or sold during the
3period of registration. The late assessment is not a bar to
4prosecution for doing business without proper registry.
5    9. The Director may prescribe by regulation to allow
6pesticide use for a special local need, pursuant to FIFRA.
7    10. The Director may prescribe by regulation the provisions
8for and requirements of registering a pesticide intended for
9experimental use.
10    11. The Director shall not make any lack of essentiality a
11criterion for denial of registration of any pesticide. Where 2
12pesticides meet the requirements, one should not be registered
13in preference to the other.
14    12. It shall be the duty of the pesticide registrant to
15properly dispose of any pesticide the registration of which has
16been suspended, revoked or cancelled or which is otherwise not
17properly registered in the State.
18(Source: P.A. 96-1310, eff. 7-27-10.)
 
19    (415 ILCS 60/12)  (from Ch. 5, par. 812)
20    Sec. 12. Licensed operator. No pesticide operator shall use
21any pesticides without a pesticide operator license issued by
22the Director.
23    1. Application for an operator license shall be made in
24writing on designated forms available from the Director. Each
25application shall contain information regarding the nature of

 

 

HB3130- 6 -LRB100 10470 MJP 20683 b

1applicants pesticide use, his qualifications, and such other
2facts as prescribed on the form. The application shall also
3include the following:
4        A. The full name of applicant.
5        B. The address of the applicant.
6        C. The name of and license/certification number of the
7    pesticide applicator under whom the applicant will work.
8    2. The Director shall not issue a pesticide operator
9license until the individual identified has demonstrated his
10competence and knowledge regarding pesticide use in accordance
11with Section 9 of this Act.
12    3. The Director shall not issue an operator license to any
13person who is unable to provide the name and
14license/certification number of an applicator under whom the
15operator will work.
16    4. For the years preceding the year 2001, a licensed
17commercial operator working for or under the supervision of a
18certified licensed commercial pesticide applicator shall pay
19an annual fee of $25. For the years 2001, 2002, and 2003, the
20annual fee for a commercial operator license is $30. For the
21years 2004, 2005, and 2006, the annual fee for a commercial
22operator license is $35. For the years 2007 through 2017, the
23annual fee for a commercial operator license is $40. For the
24years 2018 and thereafter, the fee for a multi-year commercial
25operator applicator license is $120. The late application fee
26for an operator license shall be $20 in addition to the normal

 

 

HB3130- 7 -LRB100 10470 MJP 20683 b

1license fee. A licensed operator shall be assessed a fee of $10
2for a duplicate license.
3    5. For the years 2011 through 2017, the commercial
4not-for-hire pesticide operator license fee shall be $15. For
5the years 2018 and thereafter, the fee for a multi-year
6commercial not-for-hire pesticide operator applicator license
7is $45. The late application fee for a public or commercial
8not-for-hire operator applicator license shall be $20 in
9addition to the normal license fee fees. A commercial
10not-for-hire operator shall be assessed a fee of $10 for a
11duplicate license.
12(Source: P.A. 99-540, eff. 1-1-17.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.