Full Text of SB2864 100th General Assembly
SB2864eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Sections 4.29 and 4.33 as follows: | 6 | | (5 ILCS 80/4.29) | 7 | | Sec. 4.29. Acts repealed on January 1, 2019 and December | 8 | | 31, 2019. | 9 | | (a) The following Act is repealed on January 1, 2019: | 10 | | The Environmental Health Practitioner Licensing Act. | 11 | | (b) The following Act is Acts are repealed on December 31, | 12 | | 2019: | 13 | | The Medical Practice Act of 1987. | 14 | | The Structural Pest Control Act.
| 15 | | (Source: P.A. 100-429, eff. 8-25-17.) | 16 | | (5 ILCS 80/4.33) | 17 | | Sec. 4.33. Acts repealed on January 1,
2023. | 18 | | (a) The following Acts are
repealed on January 1, 2023: | 19 | | The Dietitian Nutritionist Practice Act. | 20 | | The Elevator Safety and Regulation Act.
| 21 | | The Fire Equipment Distributor and Employee Regulation | 22 | | Act of 2011. |
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| 1 | | The Funeral Directors and Embalmers Licensing Code. | 2 | | The Naprapathic Practice Act. | 3 | | The Professional Counselor and Clinical Professional | 4 | | Counselor
Licensing and Practice Act. | 5 | | The Wholesale Drug Distribution Licensing Act. | 6 | | (b) The following Act is repealed on December 31, 2023: | 7 | | The Structural Pest Control Act. | 8 | | (Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12; | 9 | | 97-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff. | 10 | | 8-22-12; 97-1130, eff. 8-28-12; 97-1141, eff. 12-28-12.) | 11 | | Section 10. The Structural Pest Control Act is amended by | 12 | | changing Sections 5, 6, 7, and 13 as follows:
| 13 | | (225 ILCS 235/5) (from Ch. 111 1/2, par. 2205)
| 14 | | (Section scheduled to be repealed on December 31, 2019)
| 15 | | Sec. 5. Certification requirements. No individual shall | 16 | | apply any
general use or restricted pesticide while engaged in | 17 | | commercial structural
pest control in this State unless the | 18 | | individual is engaged in or has completed the training | 19 | | requirements prescribed by the Department and is unless | 20 | | certified, or supervised by someone who
is certified, by the | 21 | | Department in accordance with this Section.
| 22 | | No individual shall apply any restricted pesticide while | 23 | | engaged in
non-commercial structural pest control in this State | 24 | | unless the individual is engaged in or has completed the |
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| 1 | | training requirements prescribed by the Department and is | 2 | | unless certified , or
supervised by someone who is certified , by | 3 | | the Department in accordance
with this Section. In addition, | 4 | | any individual at any non-commercial
structural pest control | 5 | | location using general use pesticides shall comply
with the | 6 | | labeling requirements of the pesticides used at that location.
| 7 | | Each commercial structural pest control location shall be | 8 | | required to
employ at least one certified technician at each | 9 | | location. In addition,
each non-commercial structural pest | 10 | | control location utilizing restricted
pesticides shall be | 11 | | required to employ at least one certified technician at
each | 12 | | location. Individuals who are not certified technicians may | 13 | | work
under the supervision of a certified technician employed | 14 | | at the commercial
or non-commercial location who shall be | 15 | | responsible for their pest control
activities. Any technician | 16 | | providing supervision for the use of restricted
pesticides must | 17 | | be certified in the sub-category for which he is providing
| 18 | | supervision.
| 19 | | A. Any individual engaging in commercial structural pest | 20 | | control and
utilizing general use pesticides must shall meet | 21 | | the following requirements :
| 22 | | 1. be at least 18 years of age; | 23 | | 2. hold 1. He has a high school diploma or a high | 24 | | school equivalency certificate; and
| 25 | | 3. have 2. He has filed an original application, paid | 26 | | the
fee required for examination, and have successfully |
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| 1 | | passed the
General Standards examination.
| 2 | | B. Any individual engaging in commercial or non-commercial | 3 | | structural
pest control and supervising the use of utilizing | 4 | | restricted pesticides in any one of the
sub-categories in | 5 | | Section 7 of this Act must shall meet the following | 6 | | requirements :
| 7 | | 1. be at least 18 years of age; | 8 | | 2. hold 1. He has a high school diploma or a high | 9 | | school equivalency certificate; and
| 10 | | 3. have 2. He has :
| 11 | | a. six months of practical experience in one or
| 12 | | more sub-categories in structural pest control; or
| 13 | | b. successfully completed a minimum of 16 semester | 14 | | hours,
or their equivalent, in entomology or related | 15 | | fields from a
recognized college or university; or
| 16 | | c. successfully completed a pest control course,
| 17 | | approved by the Department, from a recognized | 18 | | educational
institution or other entity.
| 19 | | Each applicant shall have filed an original application and | 20 | | paid the
fee required for examination. Every applicant who | 21 | | successfully passes the
General Standards examination and at | 22 | | least one sub-category examination
shall be certified in each | 23 | | sub-category which he has successfully passed.
| 24 | | A certified technician who wishes to be certified in
| 25 | | sub-categories for which he has not been previously certified
| 26 | | may apply for any sub-category examination provided he meets |
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| 1 | | the
requirements set forth in this Section, files an original | 2 | | application,
and pays the fee for examination.
| 3 | | An applicant who fails to pass the General Standards | 4 | | examination
or any sub-category examination may reapply for | 5 | | that examination, provided
that he files an application and | 6 | | pays the fee required for an original
examination. | 7 | | Re-examination applications shall be on forms prescribed
by the | 8 | | Department.
| 9 | | (Source: P.A. 98-718, eff. 1-1-15 .)
| 10 | | (225 ILCS 235/6) (from Ch. 111 1/2, par. 2206)
| 11 | | (Section scheduled to be repealed on December 31, 2019)
| 12 | | Sec. 6. Renewal of technician certification. | 13 | | (a) A certified technician's
certificate shall be valid for | 14 | | a period of 3 years expiring on December 31 of the third year, | 15 | | except that an original certificate issued between October 1 | 16 | | and December 31 shall expire on December 31 of the third full | 17 | | calendar year following issuance. A certificate may be
renewed | 18 | | by application upon a form prescribed by the Department,
| 19 | | provided that the certified technician furnishes the | 20 | | following: | 21 | | (1) a renewal application filed with the Department | 22 | | postmarked no later than December 1 preceding the date of | 23 | | expiration; | 24 | | (2) evidence attached to the renewal, or on file with | 25 | | the Department, of acquiring, during the 3 year period,
a |
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| 1 | | minimum of 9 classroom hours, in increments of 3 hours or | 2 | | more, of training at Department approved pest control | 3 | | training seminars; and | 4 | | (3) the required fee as prescribed in Section 9 of this | 5 | | Act. | 6 | | Applications received by the Department postmarked after | 7 | | December 1 shall be accompanied by the required late filing | 8 | | charge as prescribed in Section 9 of this Act.
| 9 | | (b) Certified technician's certificates are not | 10 | | transferable from
one person to another person, and no licensee | 11 | | or registrant
shall use the certificate of a certified | 12 | | technician to secure
or hold a license or registration unless | 13 | | the holder of such
certificate is actively engaged in the | 14 | | direction of pest
control operations of the licensee or | 15 | | registrant.
| 16 | | (c) A certified technician who has not renewed his or her | 17 | | certificate for
a period of not more than one year after its
| 18 | | expiration may secure a renewal upon payment of the renewal fee | 19 | | and late filing charge
and the furnishing of evidence of | 20 | | training in accordance with item (2) of subsection (a) of this | 21 | | Section. If a technician has not renewed
his or her certificate | 22 | | for a period of more than one year after its
expiration, the | 23 | | technician shall file an original application for examination, | 24 | | pay
all required fees, which may include renewal, examination, | 25 | | and late filing charges, and successfully pass the examination | 26 | | before
his or her certificate is renewed. Any individual who |
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| 1 | | fails to renew a certification by the date of expiration shall | 2 | | not perform any supervisory pest control activities until the | 3 | | requirements of this Section have been met and a certificate | 4 | | has been issued by the Department.
| 5 | | (Source: P.A. 93-922, eff. 1-1-05; reenacted by P.A. 95-786, | 6 | | eff. 8-7-08; 96-1362, eff. 7-28-10.)
| 7 | | (225 ILCS 235/7) (from Ch. 111 1/2, par. 2207)
| 8 | | (Section scheduled to be repealed on December 31, 2019)
| 9 | | Sec. 7. Written examination required. The Department shall | 10 | | adopt rules for any examinations required for the proper | 11 | | administration of this Act, including any category or | 12 | | sub-category examination involving the use of general or | 13 | | restricted use pesticides and any examination which may be | 14 | | required under Category 7, Industrial, Institutional, | 15 | | Structural, and Health Related Pest Control, or Category 8, | 16 | | Public Health Pest Control (excluding Mosquito Pest Control), | 17 | | in the rules adopted by the Department of Agriculture in | 18 | | Section 250.120 of Title 8 of the Illinois Administrative Code. | 19 | | Applications for examination
shall be in the form prescribed by | 20 | | the Department,
accompanied by the required fee as prescribed | 21 | | in Section 9 of this Act, and received by the Department at | 22 | | least 15 days prior to an examination. The Department or its | 23 | | designee shall conduct
written examinations at least 4 times | 24 | | each year and may require a
practical demonstration by each | 25 | | applicant.
Written examinations The written examination shall |
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| 1 | | be prepared from suggested study materials.
| 2 | | (Source: P.A. 85-227; reenacted by P.A. 95-786, eff. 8-7-08; | 3 | | 96-1362, eff. 7-28-10.)
| 4 | | (225 ILCS 235/13) (from Ch. 111 1/2, par. 2213)
| 5 | | (Section scheduled to be repealed on December 31, 2019)
| 6 | | Sec. 13. Violations of the Act. It is a violation of this | 7 | | Act and the
Department may suspend, revoke, or refuse to issue | 8 | | or renew any certificate,
registration, or license, in | 9 | | accordance with Section 14 of this Act, upon
proof of any of | 10 | | the following:
| 11 | | (a) Violation of this Act or any rule or regulation | 12 | | promulgated hereunder.
| 13 | | (b) Conviction of a certified technician, registrant, | 14 | | or licensee of a
violation of any provision of this Act or | 15 | | of pest control laws in any other
state, or any other laws | 16 | | or rules and regulations adopted thereto relating
to | 17 | | pesticides.
| 18 | | (c) Knowingly making false or fraudulent claims, | 19 | | misrepresenting the effects
of materials or methods or | 20 | | failing to use methods or materials suitable
for structural | 21 | | pest control.
| 22 | | (d) Performing structural pest control in a careless or | 23 | | negligent
manner so as to be detrimental to health.
| 24 | | (e) Failing Failure to supply within a reasonable time, | 25 | | upon request from the
Department or its authorized |
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| 1 | | representative, true information regarding
methods and | 2 | | materials used, work performed, or other information | 3 | | essential
to the administration of this Act.
| 4 | | (f) Fraudulent advertising or solicitations relating | 5 | | to structural pest control.
| 6 | | (g) Aiding or abetting a person to evade any provision | 7 | | of this Act,
conspiring with any person to evade provisions | 8 | | of this Act or allowing a
license, permit, certification, | 9 | | or registration to be used by another person.
| 10 | | (h) Impersonating any federal, state, county, or city | 11 | | official.
| 12 | | (i) Performing structural pest control, utilizing, or | 13 | | authorizing the use
or sale of, pesticides which are in | 14 | | violation of the FIFRA, or the Illinois
Pesticide Act.
| 15 | | (j) Failing to comply with a written Department notice | 16 | | or lawful order of the Director. | 17 | | (k) Failing to pay any civil penalty or fine assessed | 18 | | by the Department. | 19 | | (Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08; | 20 | | 96-1362, eff. 7-28-10.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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