Sen. David Koehler
Filed: 4/4/2025
 
 
 




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1
AMENDMENT TO SENATE BILL 783


2    AMENDMENT NO. ______. Amend Senate Bill 783 by replacing 
3everything after the enacting clause with the following:

4    "Section 5. The Illinois Pesticide Act is amended by 
5changing Sections 4, 6, 10, 11, 11.1, 12, and 13 and by adding 
6Section 11.5 as follows:

7    (415 ILCS 60/4)    (from Ch. 5, par. 804)
8    Sec. 4. Definitions. As used in this Act:
9    1. "Director" means Director of the Illinois Department of 
10Agriculture or his authorized representative.
11    2. "Active Ingredient" means any ingredient which will 
12prevent, destroy, repel, control or mitigate a pest or which 
13will act as a plant regulator, defoliant or desiccant.
14    3. "Adulterated" shall apply to any pesticide if the 
15strength or purity is not within the standard of quality 
16expressed on the labeling under which it is sold, distributed 
 
 
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1or used, including any substance which has been substituted 
2wholly or in part for the pesticide as specified on the 
3labeling under which it is sold, distributed or used, or if any 
4valuable constituent of the pesticide has been wholly or in 
5part abstracted.
6    4. "Agricultural Commodity" means produce of the land, 
7including, but not limited to, plants and plant parts, 
8livestock and poultry and livestock or poultry products, 
9seeds, sod, shrubs and other products of agricultural origin 
10including the premises necessary to and used directly in 
11agricultural production. Agricultural commodity also includes 
12aquatic products, including any aquatic plants and animals or 
13their by-products that are produced, grown, managed, harvested 
14and marketed on an annual, semi-annual, biennial or short-term 
15basis, in permitted aquaculture facilities.
16    5. "Animal" means all vertebrate and invertebrate species 
17including, but not limited to, man and other mammals, birds, 
18fish, and shellfish.
19    5.5. "Barrier mosquitocide" means a pesticide that is 
20formulated to kill adult mosquitoes and that is applied so as 
21to leave a residual mosquitocidal coating on natural or 
22manmade surfaces. "Barrier mosquitocide" does not include a 
23product that is exempt from registration under the Federal 
24Insecticide, Fungicide, and Rodenticide Act, or rules adopted 
25pursuant to that Act.
26    5.6. "Barrier mosquitocide treatment" means application of 
 
 
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1a barrier mosquitocide to a natural or manmade surface. 
2    6. "Beneficial Insects" means those insects which during 
3their life cycle are effective pollinators of plants, 
4predators of pests or are otherwise beneficial.
5    7. "Certified applicator".
6        A. "Certified applicator" means any individual who is 
7 certified under this Act to purchase, use, or supervise 
8 the use of pesticides which are classified for restricted 
9 use.
10        B. "Private applicator" means a certified applicator 
11 who purchases, uses, or supervises the use of any 
12 pesticide classified for restricted use, for the purpose 
13 of producing any agricultural commodity on property owned, 
14 rented, or otherwise controlled by him or his employer, or 
15 applied to other property if done without compensation 
16 other than trading of personal services between no more 
17 than 2 producers of agricultural commodities.
18        C. "Licensed Commercial Applicator" means a certified 
19 applicator, whether or not he is a private applicator with 
20 respect to some uses, who owns or manages a business that 
21 is engaged in applying pesticides, whether classified for 
22 general or restricted use, for hire. The term also applies 
23 to a certified applicator who uses or supervises the use 
24 of pesticides, whether classified for general or 
25 restricted use, for any purpose or on property of others 
26 excluding those specified by subparagraphs 7 (B), (D), (E) 
 
 
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1 of Section 4 of this Act.
2        D. "Commercial Not For Hire Applicator" means a 
3 certified applicator who uses or supervises the use of 
4 pesticides classified for general or restricted use for 
5 any purpose on property of an employer when such activity 
6 is a requirement of the terms of employment and such 
7 application of pesticides under this certification is 
8 limited to property under the control of the employer only 
9 and includes, but is not limited to, the use or 
10 supervision of the use of pesticides in a greenhouse 
11 setting. "Commercial Not For Hire Applicator" also 
12 includes a certified applicator who uses or supervises the 
13 use of pesticides classified for general or restricted use 
14 as an employee of a state agency, municipality, or other 
15 duly constituted governmental agency or unit.
16    8. "Defoliant" means any substance or combination of 
17substances which cause leaves or foliage to drop from a plant 
18with or without causing abscission.
19    9. "Desiccant" means any substance or combination of 
20substances intended for artificially accelerating the drying 
21of plant tissue.
22    10. "Device" means any instrument or contrivance, other 
23than a firearm or equipment for application of pesticides when 
24sold separately from pesticides, which is intended for 
25trapping, repelling, destroying, or mitigating any pest, other 
26than bacteria, virus, or other microorganisms on or living in 
 
 
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1man or other living animals.
2    11. "Distribute" means offer or hold for sale, sell, 
3barter, ship, deliver for shipment, receive and then deliver, 
4or offer to deliver pesticides, within the State.
5    12. "Environment" includes water, air, land, and all 
6plants and animals including man, living therein and the 
7interrelationships which exist among these.
8    13. "Equipment" means any type of instruments and 
9contrivances using motorized, mechanical or pressure power 
10which is used to apply any pesticide, excluding pressurized 
11hand-size household apparatus containing dilute ready to apply 
12pesticide or used to apply household pesticides.
13    14. "FIFRA" means the Federal Insecticide, Fungicide, and 
14Rodenticide Act, as amended.
15    15. "Fungi" means any non-chlorophyll bearing 
16thallophytes, any non-chlorophyll bearing plant of a lower 
17order than mosses or liverworts, as for example rust, smut, 
18mildew, mold, yeast and bacteria, except those on or in living 
19animals including man and those on or in processed foods, 
20beverages or pharmaceuticals.
21    16. "Household Substance" means any pesticide customarily 
22produced and distributed for use by individuals in or about 
23the household.
24    17. "Imminent Hazard" means a situation which exists when 
25continued use of a pesticide would likely result in 
26unreasonable adverse effects on the environment or will 
 
 
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1involve unreasonable hazard to the survival of a species 
2declared endangered by the U.S. Secretary of the Interior or 
3to species declared to be protected by the Illinois Department 
4of Natural Resources.
5    18. "Inert Ingredient" means an ingredient which is not an 
6active ingredient.
7    19. "Ingredient Statement" means a statement of the name 
8and percentage of each active ingredient together with the 
9total percentage of inert ingredients in a pesticide and for 
10pesticides containing arsenic in any form, the ingredient 
11statement shall include percentage of total and water soluble 
12arsenic, each calculated as elemental arsenic. In the case of 
13spray adjuvants the ingredient statement need contain only the 
14names of the functioning agents and the total percent of those 
15constituents ineffective as spray adjuvants.
16    20. "Insect" means any of the numerous small invertebrate 
17animals generally having the body more or less obviously 
18segmented for the most part belonging to the class Insects, 
19comprised of six-legged, usually winged forms, as for example 
20beetles, caterpillars, and flies. This definition encompasses 
21other allied classes of arthropods whose members are wingless 
22and usually have more than 6 legs as for example spiders, 
23mites, ticks, centipedes, and millipedes.
24    21. "Label" means the written, printed or graphic matter 
25on or attached to the pesticide or device or any of its 
26containers or wrappings.
 
 
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1    22. "Labeling" means the label and all other written, 
2printed or graphic matter: (a) on the pesticide or device or 
3any of its containers or wrappings, (b) accompanying the 
4pesticide or device or referring to it in any other media used 
5to disseminate information to the public, (c) to which 
6reference is made to the pesticide or device except when 
7references are made to current official publications of the U. 
8S. Environmental Protection Agency, Departments of 
9Agriculture, Health, Education and Welfare or other Federal 
10Government institutions, the state experiment station or 
11colleges of agriculture or other similar state institution 
12authorized to conduct research in the field of pesticides.
13    23. "Land" means all land and water area including 
14airspace, and all plants, animals, structures, buildings, 
15contrivances, and machinery appurtenant thereto or situated 
16thereon, fixed or mobile, including any used for 
17transportation.
18    24. "Licensed Operator" means a person employed to apply 
19pesticides to the lands of others under the direction of a 
20"licensed commercial applicator" or a "licensed commercial 
21not-for-hire applicator".
22    25. "Nematode" means invertebrate animals of the phylum 
23nemathelminthes and class nematoda, also referred to as nemas 
24or eelworms, which are unsegmented roundworms with elongated 
25fusiform or sac-like bodies covered with cuticle and 
26inhabiting soil, water, plants or plant parts.
 
 
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1    26. "Permit" means a written statement issued by the 
2Director or his authorized agent, authorizing certain acts of 
3pesticide purchase or of pesticide use or application on an 
4interim basis prior to normal certification, registration, or 
5licensing.
6    27. "Person" means any individual, partnership, 
7association, fiduciary, corporation, or any organized group of 
8persons whether incorporated or not.
9    28. "Pest" means (a) any insect, rodent, nematode, fungus, 
10weed, or (b) any other form of terrestrial or aquatic plant or 
11animal life or virus, bacteria, or other microorganism, 
12excluding virus, bacteria, or other microorganism on or in 
13living animals including man, which the Director declares to 
14be a pest.
15    29. "Pesticide" means any substance or mixture of 
16substances intended for preventing, destroying, repelling, or 
17mitigating any pest or any substance or mixture of substances 
18intended for use as a plant regulator, defoliant or desiccant.
19    30. "Pesticide Dealer" means any person who distributes 
20registered pesticides to the user.
21    31. "Plant Regulator" means any substance or mixture of 
22substances intended through physiological action to affect the 
23rate of growth or maturation or otherwise alter the behavior 
24of ornamental or crop plants or the produce thereof. This does 
25not include substances which are not intended as plant 
26nutrient trace elements, nutritional chemicals, plant or seed 
 
 
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1inoculants or soil conditioners or amendments.
2    32. "Protect Health and Environment" means to guard 
3against any unreasonable adverse effects on the environment.
4    33. "Registrant" means a person who has registered any 
5pesticide pursuant to the provision of FIFRA and this Act.
6    34. "Restricted Use Pesticide" means any pesticide with 
7one or more of its uses classified as restricted by order of 
8the Administrator of USEPA.
9    35. "SLN Registration" means registration of a pesticide 
10for use under conditions of special local need as defined by 
11FIFRA.
12    36. "State Restricted Pesticide Use" means any pesticide 
13use which the Director determines, subsequent to public 
14hearing, that an additional restriction for that use is needed 
15to prevent unreasonable adverse effects.
16    37. "Structural Pest" means any pests which attack and 
17destroy buildings and other structures or which attack 
18clothing, stored food, commodities stored at food 
19manufacturing and processing facilities or manufactured and 
20processed goods.
21    38. "Unreasonable Adverse Effects on the Environment" 
22means the unreasonable risk to the environment, including man, 
23from the use of any pesticide, when taking into account 
24accrued benefits of as well as the economic, social, and 
25environmental costs of its use.
26    39. "USEPA" means United States Environmental Protection 
 
 
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1Agency.
2    40. "Use inconsistent with the label" means to use a 
3pesticide in a manner not consistent with the label 
4instruction, the definition adopted in FIFRA as interpreted by 
5USEPA shall apply in Illinois.
6    41. "Weed" means any plant growing in a place where it is 
7not wanted.
8    42. "Wildlife" means all living things, not human, 
9domestic, or pests.
10    43. "Bulk pesticide" means any registered pesticide which 
11is transported or held in an individual container in undivided 
12quantities of greater than 55 U.S. gallons liquid measure or 
13100 pounds net dry weight.
14    44. "Bulk repackaging" means the transfer of a registered 
15pesticide from one bulk container (containing undivided 
16quantities of greater than 100 U.S. gallons liquid measure or 
17100 pounds net dry weight) to another bulk container 
18(containing undivided quantities of greater than 100 U.S. 
19gallons liquid measure or 100 pounds net dry weight) in an 
20unaltered state in preparation for sale or distribution to 
21another person.
22    45. "Business" means any individual, partnership, 
23corporation or association engaged in a business operation for 
24the purpose of selling or distributing pesticides or providing 
25the service of application of pesticides in this State.
26    46. "Facility" means any building or structure and all 
 
 
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1real property contiguous thereto, including all equipment 
2fixed thereon used for the operation of the business.
3    47. "Chemigation" means the application of a pesticide 
4through the systems or equipment employed for the primary 
5purpose of irrigation of land and crops.
6    48. "Use" means any activity covered by the pesticide 
7label, including, but not limited to, application of 
8pesticide, mixing and loading, storage of pesticides or 
9pesticide containers, disposal of pesticides and pesticide 
10containers and reentry into treated sites or areas.
11    49. "Education course" means a course approved by the 
12Department of Agriculture that may be used by a certified 
13applicator, licensed operator, or registered pesticide dealer 
14to meet renewal requirements under the Act.    
15(Source: P.A. 102-555, eff. 1-1-22; 102-916, eff. 1-1-23; 
16103-154, eff. 6-30-23.)

17    (415 ILCS 60/6)    (from Ch. 5, par. 806)
18    Sec. 6. Registration. 
19    1. Every pesticide which is distributed, sold, offered for 
20sale within this State, delivered for transportation or 
21transported in interstate commerce or between points within 
22the State through any point outside the State, shall be 
23registered with the Director or his designated agent, subject 
24to provisions of this Act. Such registration shall be for a 
25period determined under item 1.5 of this Section and shall 
 
 
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1expire on December 31st. Registration is not required if a 
2pesticide is shipped from one plant or warehouse to another 
3plant or warehouse by the same person and is used solely at 
4such plant or warehouse as a constituent part to make a 
5pesticide which is registered under provisions of this Act and 
6FIFRA.
7    1.5. In order to stagger product registrations, the 
8Department shall, for the 2011 registration year, register 
9half of the applicants and their products for one year and the 
10other half for 2 years. Thereafter, a business registration 
11and product registration shall be for 2 years. 
12    2. Registration applicant shall file a statement with the 
13Director which shall include:
14        A. The name and address of the applicant and the name 
15 and address of the person whose name will appear on the 
16 label if different from the applicant's.
17        B. The name of the pesticide.
18        C. A copy of the labeling accompanying the pesticide 
19 under customary conditions of distribution, sale and use, 
20 including ingredient statement, direction for use, use 
21 classification, and precautionary or warning statements.
22    3. The Director may require the submission of complete 
23formula data.
24    4. The Director may require a full description of tests 
25made and the results thereof, upon which the claims are based, 
26for any pesticide not registered pursuant to FIFRA, or on any 
 
 
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1pesticide under consideration to be classified for restricted 
2use.
3        A. The Director will not consider data he required of 
4 the initial registrant of a pesticide in support of 
5 another applicants' registration unless the subsequent 
6 applicant has obtained written permission to use such 
7 data.
8        B. In the case of renewal registration, the Director 
9 may accept a statement only with respect to information 
10 which is different from that furnished previously.
11    5. The Director may prescribe other requirements to 
12support a pesticide registration by regulation.
13    6. For the years preceding the year 2004, any registrant 
14desiring to register a pesticide product at any time during 
15one year shall pay the annual registration fee of $100 per 
16product registered for that applicant. For the years 2004 
17through 2010, the annual product registration fee is $200 per 
18product. For the years 2011 through 2023, the product 
19registration fee shall be $600 per product per 2-year 
20registration period and shall be paid at the time of 
21registration. For the years 2024 through 2025 and thereafter, 
22the product registration fee shall be $800 per product per 
232-year registration period and shall be paid at the time of 
24registration. For the year 2026 and for each year thereafter, 
25the product registration fee shall be $850 per product per 
262-year registration period and shall be paid at the time of 
 
 
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1registration.    
2    In addition, for the years preceding the year 2004 any 
3business registering a pesticide product at any time during 
4one year shall pay the annual business registration fee of 
5$250. For the years 2004 through 2010, the annual business 
6registration fee shall be $400. For the years 2011 through 
72023, the business registration fee shall be $800 per 2-year 
8registration period and shall be paid at the time of 
9registration. For the years 2024 through 2025 and thereafter, 
10the business registration fee shall be $1000 per 2-year 
11registration period and shall be paid at the time of 
12registration. For the year 2026 and for each year thereafter, 
13the business registration fee shall be $1,050 per 2-year 
14registration period and shall be paid at the time of 
15registration. Each legal entity of the business shall pay the 
16business registration fee.
17    For the years preceding the year 2004, any applicant 
18requesting an experimental use permit shall pay the annual fee 
19of $100 per permit and all special local need pesticide 
20registration applicants shall pay an annual fee of $100 per 
21product. For the years 2004 through 2010, the annual 
22experimental use permit fee and special local need pesticide 
23registration fee is $200 per permit. For the years 2011 and 
24thereafter, the annual experimental use permit and special 
25local need pesticide registration fee shall be $300 per 
26product. Subsequent SLN registrations for a pesticide already 
 
 
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1registered shall be exempted from the registration fee.
2        A. All registration accepted and approved by the 
3 Director shall expire on the 31st day of December in any 
4 one year unless cancelled. Registration for a special 
5 local need may be granted for a specific period of time 
6 with the approval date and expiration date specified.
7        B. If a registration for special local need granted by 
8 the Director does not receive approval of the 
9 Administrator of USEPA, the registration shall expire on 
10 the date of the Administrator's disapproval.
11    7. Registrations approved and accepted by the Director and 
12in effect on the 31st day of December, for which renewal 
13application is made, shall continue in full force and effect 
14until the Director notifies the registrant that the renewal 
15has been approved and accepted or the registration is denied 
16under this Act. Renewal registration forms will be provided to 
17applicants by the Director.
18    8. If the renewal of a pesticide registration is not filed 
19within 30 days of the date of expiration, a penalty late 
20registration assessment of $100 per product shall apply in 
21addition to the regular product registration fee. The late 
22registration assessment shall not apply if the applicant 
23furnishes an affidavit certifying that no unregulated 
24pesticide was distributed or sold during the period of 
25registration. The late assessment is not a bar to prosecution 
26for doing business without proper registry.
 
 
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1    9. The Director may prescribe by regulation to allow 
2pesticide use for a special local need, pursuant to FIFRA. 
3    10. The Director may prescribe by regulation the 
4provisions for and requirements of registering a pesticide 
5intended for experimental use.
6    11. The Director shall not make any lack of essentiality a 
7criterion for denial of registration of any pesticide. Where 2 
8pesticides meet the requirements, one should not be registered 
9in preference to the other.
10    12. It shall be the duty of the pesticide registrant to 
11properly dispose of any pesticide the registration of which 
12has been suspended, revoked or cancelled or which is otherwise 
13not properly registered in the State.
14(Source: P.A. 103-441, eff. 1-1-24.)

15    (415 ILCS 60/10)    (from Ch. 5, par. 810)
16    Sec. 10. Commercial applicator license. No commercial 
17applicator shall use or supervise the use of any pesticide 
18without a commercial license issued by the Director. For the 
19years preceding the year 2001, the Director shall require an 
20annual fee for commercial applicator license of $35. For the 
21years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee 
22for a commercial applicator license is $45. For the years 2007 
23through 2017, the annual fee for a commercial applicator 
24license is $60. For the years 2018 through 2023, the fee for a 
25multi-year commercial applicator license is $180. For the 
 
 
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1years 2024 through 2025 and thereafter, the fee for a 
2multi-year commercial applicator license is $240. For the year 
32026 and for each year thereafter, the fee for a multi-year 
4commercial applicator license is $300 The late application fee 
5for a commercial applicator license shall be $20 in addition 
6to the normal license fee. A commercial applicator shall be 
7assessed a fee of $25 $10 for a duplicate license.
8    1. Application for the commercial applicator license shall 
9be made in writing on designated forms available from the 
10Director. Each application shall contain information regarding 
11the applicants qualifications, nature of the proposed 
12operation, classification of license being sought, and shall 
13include the following:
14        A. The full name of the applicant.
15        B. The address of the applicant.
16        C. Any necessary information prescribed by the 
17 Director on the designated application form.
18    2. An applicant for a license shall demonstrate competence 
19and knowledge regarding pesticide use in accordance with 
20Section 9 of this Act.
21    3. A licensed commercial applicator must provide to the 
22Director at the time of original licensing and must maintain 
23throughout the licensure period evidence of financial 
24responsibility protecting persons who may suffer personal 
25injury or property damage or both as a result of the pesticide 
26operation of the applicant in either of the following manners:
 
 
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1        A. Evidence of responsibility may be provided in the 
2 form of a surety bond for each licensed commercial 
3 applicator naming the licensed commercial applicator as 
4 principal of the bond. The amount of the bond shall be not 
5 less than $50,000 per year. It is permissible to provide 
6 two bonds; one for $25,000 for bodily injury liability and 
7 the second for $25,000 for property damage liability. The 
8 bond or bonds shall be made payable to the Director of 
9 Agriculture, State of Illinois, for the benefit of the 
10 injured party and shall be conditioned upon compliance 
11 with the provisions of this Act by the principal, his or 
12 her officers, representatives and employees; or
13        B. Evidence of responsibility may be provided in the 
14 form of a certificate of liability insurance providing 
15 coverage for each licensed commercial applicator or 
16 licensed entity in the amount of not less than $50,000 per 
17 person, $100,000 per occurrence bodily injury liability 
18 coverage, with an annual aggregate of not less than 
19 $500,000, and $50,000 per occurrence property damage 
20 liability, with an annual aggregate of not less than 
21 $50,000; or, in lieu thereof, a combined single limit of 
22 not less than $100,000 bodily injury and property damage 
23 liability combined, with an annual aggregate of not less 
24 than $500,000.
25    4. Every insurance policy or bond shall contain a 
26provision that it will not be cancelled or reduced by the 
 
 
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1principal or insurance company, except upon 30 days prior 
2notice in writing to the Director of the Department at the 
3Springfield, Illinois office and the principal insured. A 
4reduction or cancellation of policy shall not affect the 
5liability accrued or which may accrue under such policy before 
6the expiration of the 30 days. The notice shall contain the 
7termination date. Upon said reduction or cancellation, the 
8Director shall immediately notify the licensee that his or her 
9license will be suspended and the effective date until the 
10minimum bond or liability insurance requirements are met by 
11the licensee for the current license period.
12    5. Nothing in this Act shall be construed to relieve any 
13person from liability for any damage to persons or property 
14caused by use of pesticides even though such use conforms to 
15label instructions and pertinent rules and regulations of this 
16State.
17    6. The Director may renew any applicant's license in the 
18classifications for which such applicant is licensed, subject 
19to requalification requirements imposed by the Director. 
20Requalification standards shall be prescribed by regulations 
21adopted pursuant to this Act and are required to ensure that 
22the licensed commercial applicator meets the requirements of 
23changing technology and to assure a continued level of 
24competence and ability.
25    7. The Director may limit the license of an applicant to 
26allow only the use of certain pesticides in a delimited 
 
 
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1geographic area, or to the use of certain application 
2techniques or equipment. If a license is not issued as applied 
3for, the Director shall inform the applicant in writing of the 
4reasons and extend an opportunity for the applicant to 
5complete the requirements for the license desired.
6    8. For the purpose of uniformity, the Director may enter 
7into agreements for accepting standards of qualification of 
8other states as a basis for licensing commercial applicators.
9(Source: P.A. 103-441, eff. 1-1-24.)

10    (415 ILCS 60/11)    (from Ch. 5, par. 811)
11    Sec. 11. Certified pesticide applicators and private 
12applicators. No person shall use or supervise the use of 
13pesticides classified for restricted use without a license 
14issued by the Director. Persons licensed or desiring to be 
15licensed as certified pesticide applicators shall comply with 
16the certification requirements as set forth in Section 9 of 
17this Act in order to protect public health and the 
18environment, including injury to the applicator or other 
19persons using these pesticides.
20    An applicant for certification as a private pesticide 
21applicator shall meet qualification requirements prescribed by 
22regulation. Certification shall be valid for the calendar year 
23in which the certification is issued plus 2 additional 
24calendar years, expiring on December 31st. The application for 
25certification shall be made in writing to the Director, on 
 
 
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1forms available from the Director or the local county 
2agricultural extension adviser's office and be accompanied by 
3payment of a $10 license fee in the years preceding the year 
42001. During the years 2001, 2002, 2003, 2004, 2005, and 2006, 
5the private pesticide applicator license fee shall be $15. 
6During the years 2007 through 2010, the private pesticide 
7applicator license fee shall be $20. For the years 2011 
8through 2023, the private pesticide applicator license fee 
9shall be $30. For the years 2024 through 2025 and thereafter, 
10the private pesticide applicator license fee shall be $60. For 
11the year 2026 and for each year thereafter, the private 
12pesticide applicator license fee shall be $90. A private 
13pesticide applicator shall be assessed a fee of $5 for a 
14duplicate license. Such application shall include:
15        A. The full name of the applicant.
16        B. The mailing address of the applicant.
17        C. The documents required as evidence of competence 
18 and knowledge regarding the use of pesticides.
19    Certification, as a private pesticide applicator, issued 
20by the Director shall be valid for a period prescribed by 
21regulation. The Director shall develop regulatory standards to 
22ensure that certified private pesticide applicators continue 
23to meet the requirements of a changing technology and assure a 
24continued level of competence and ability.
25(Source: P.A. 103-441, eff. 1-1-24.)

 
 
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1    (415 ILCS 60/11.1)    (from Ch. 5, par. 811.1)
2    Sec. 11.1. Commercial not-for-hire license. No commercial 
3not-for-hire applicator shall use or supervise the use of any 
4pesticide without a license issued by the Director. For the 
5years 2011 through 2017, the commercial not-for-hire pesticide 
6applicator license fee shall be $20. For the years 2018 
7through 2023, the fee for a multi-year commercial not-for-hire 
8pesticide applicator license is $60. For the years 2024 
9through 2025 and thereafter, the fee for a multi-year 
10commercial not-for-hire pesticide applicator license is $120. 
11For the year 2026 and for each year thereafter, the fee for a 
12multi-year commercial not-for-hire pesticide applicator 
13license is $180 The late application fee for a public or 
14commercial not-for-hire applicator license shall be $20 in 
15addition to the normal license fees. A commercial not-for-hire 
16applicator shall be assessed a fee of $20 $10 for a duplicate 
17license.
18    1. Application for certification as a commercial 
19not-for-hire pesticide applicator shall be made in writing on 
20designated forms available from the Director. Each application 
21shall contain information regarding the qualifications of the 
22applicant, classification of certification being sought, and 
23shall include the following:
24        A. The full name of the applicant.
25        B. The name of the applicant's employer.
26        C. The address at the applicant's place of employment.
 
 
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1        D. Any other information prescribed by the Director on 
2 the designated form.
3    2. The Director shall not issue a certification to a 
4commercial not-for-hire pesticide applicator until the 
5individual identified has demonstrated his competence and 
6knowledge regarding pesticide use in accordance with Section 9 
7of this Act.
8    3. The Director shall not renew a certification as a 
9commercial not-for-hire pesticide applicator until the 
10applicant reestablishes his qualifications in accordance with 
11Section 9 of this Act or has met other requirements imposed by 
12regulation in order to ensure that the applicant meets the 
13requirements of changing technology and to assure a continued 
14level of competence and ability.
15    4. (Blank).
16    5. (Blank).
17    6. (Blank).
18    7. Persons applying general use pesticides, approved by 
19the Inter-Agency Committee on the Use of Pesticides, to scrap 
20tires for the control of mosquitoes shall be exempt from the 
21license requirements of this Section.
22(Source: P.A. 103-441, eff. 1-1-24.)

23    (415 ILCS 60/11.5 new)
24    Sec. 11.5. Operator permit and certified applicator and 
25dealer license renewal.    
 
 
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1    1. Subject to appropriation, sufficient available 
2education courses, and successful procurement and 
3implementation of any requisite tracking software, certified 
4applicators, licensed operators, or registered pesticide 
5dealers may elect to take education courses or an examination 
6to meet the requirements for the renewal of certifications, 
7licenses, permits, or registrations under this Act.
8    2. Before renewing a certification, license, permit, or 
9registration under this Act, a certified applicator, licensed 
10operator, or registered pesticide dealer must demonstrate 
11competence and ability in the use of pesticides and an 
12understanding of the requirements of this Act by either (i) 
13successfully completing an examination administered by the 
14Department or its designee every 3 years or (ii) successfully 
15completing 15 hours of Department-approved education courses 
16every 3 years, including 5 hours completed every year.
17    3. In approving education courses and the providers of 
18education courses, the Department may consult with other 
19agencies and non-State entities with interests affected by the 
20Act. However, the Department shall have ultimate 
21decision-making authority with respect to the approval of 
22education courses.
23        A. To be approved by the Department, an education 
24 course must be offered by an entity with significant 
25 familiarity and understanding of the Act and with 
26 pesticide application in Illinois.
 
 
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1        B. Presentations or classes advocating for specific 
2 products, services, or the sale or use of specific 
3 products or services shall not be approved. This 
4 restriction shall not apply to courses that are offered by 
5 a person subject to this Section and intended to cover the 
6 proper use of the person's product, so long as the course 
7 provider does not advocate for or attempt to persuade the 
8 attendee to use that specific product.
9    4. Any education course used to meet the requirements for 
10certification, license, permit, or registration renewal shall 
11include all topics, laws, and rules that are contained in the 
12examination for that certification, license, permit, or 
13registration as provided for in the Department's 
14administrative rules.
15    5. Any person choosing to meet renewal requirements by 
16attending education courses under this Section shall be 
17responsible for tracking the number of hours of education 
18courses completed. Failure to attend the required number of 
19hours of education courses will result in the person having to 
20take the examination.
21    6. The Department may adopt rules to implement and 
22administer this Section, including administrative rules 
23related to education courses and their content, provider 
24restrictions and requirements, and any related topic that the 
25Department deems necessary or appropriate to implement and 
26maintain the education course program described in this 
 
 
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1Section.

2    (415 ILCS 60/12)    (from Ch. 5, par. 812)
3    Sec. 12. Licensed operator. No pesticide operator shall 
4use any pesticides without a pesticide operator license issued 
5by the Director.
6    1. Application for an operator license shall be made in 
7writing on designated forms available from the Director. Each 
8application shall contain information regarding the nature of 
9applicants pesticide use, his qualifications, and such other 
10facts as prescribed on the form. The application shall also 
11include the following:
12        A. The full name of applicant.
13        B. The address of the applicant.
14        C. The name of and license/certification number of the 
15 pesticide applicator under whom the applicant will work.
16    2. The Director shall not issue a pesticide operator 
17license until the individual identified has demonstrated his 
18competence and knowledge regarding pesticide use in accordance 
19with Section 9 of this Act.
20    3. The Director shall not issue an operator license to any 
21person who is unable to provide the name and 
22license/certification number of an applicator under whom the 
23operator will work.
24    4. For the years preceding the year 2001, a licensed 
25commercial operator working for or under the supervision of a 
 
 
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1certified licensed commercial pesticide applicator shall pay 
2an annual fee of $25. For the years 2001, 2002, and 2003, the 
3annual fee for a commercial operator license is $30. For the 
4years 2004, 2005, and 2006, the annual fee for a commercial 
5operator license is $35. For the years 2007 through 2017, the 
6annual fee for a commercial operator license is $40. For the 
7years 2018 through 2023, the fee for a multi-year commercial 
8operator license is $120. For the years 2024 through 2025 and 
9thereafter, the fee for a multi-year commercial operator 
10license is $180. For the year 2026 and for each year 
11thereafter, the fee for a multi-year commercial operator 
12license is $240 The late application fee for an operator 
13license shall be $20 in addition to the normal license fee. A 
14licensed operator shall be assessed a fee of $20 $10 for a 
15duplicate license.
16    5. For the years 2011 through 2017, the commercial 
17not-for-hire pesticide operator license fee shall be $15. For 
18the years 2018 through 2023, the fee for a multi-year 
19commercial not-for-hire pesticide operator license is $45. For 
20the years 2024 through 2025 and thereafter, the fee for a 
21multi-year commercial not-for-hire pesticide operator license 
22is $90. For the year 2026 and for each year thereafter, the fee 
23for a multi-year commercial not-for-hire-pesticide operator 
24license is $150 The late application fee for a commercial 
25not-for-hire operator license shall be $20 in addition to the 
26normal license fee. A commercial not-for-hire operator shall 
 
 
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1be assessed a fee of $15 $10 for a duplicate license.
2(Source: P.A. 103-441, eff. 1-1-24.)

3    (415 ILCS 60/13)    (from Ch. 5, par. 813)
4    Sec. 13. Pesticide dealers. Any pesticide dealer who sells 
5Restricted Use pesticides shall be registered with the 
6Department on forms provided by the Director. Beginning July 
71, 2005, any pesticide dealer that sells non-restricted use 
8pesticides for use in the production of an agricultural 
9commodity in containers with a capacity of 2.5 gallons or 
10greater or 10 pounds or greater must also register with the 
11Department on forms provided by the Director. Through 2017, 
12registration shall consist of passing a required examination 
13and payment of a $100 registration fee. For the years 2018 
14through 2023, the pesticide dealer registration fee for a 
15multi-year registration period is $300. For the years 2024 
16through 2025 and thereafter, the pesticide dealer registration 
17fee for a multi-year registration period is $350. For the year 
182026 and for each year thereafter, the pesticide dealer 
19registration fee for a multi-year registration period is $360    
20The late application fee for a pesticide dealer registration 
21shall be $20 in addition to the normal pesticide dealer 
22registration fee. A pesticide dealer shall be assessed a fee 
23of $30 $10 for a duplicate registration.
24    Dealers who hold a Structural Pest Control license with 
25the Illinois Department of Public Health or a Commercial 
 
 
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1Applicator's license with the Illinois Department of 
2Agriculture are exempt from the registration fee but must 
3register with the Department.
4    Each place of business which sells restricted use 
5pesticides or non-restricted pesticides for use in the 
6production of an agricultural commodity in containers with a 
7capacity of 2.5 gallons or greater or 10 pounds or greater 
8shall be considered a separate entity for the purpose of 
9registration.
10    Registration as a pesticide dealer shall expire on 
11December 31 of the year in which it is to expire. Pesticide 
12dealers shall be certified in accordance with Section 9 of 
13this Act.
14    The Director may prescribe, by rule, requirements for the 
15registration and testing of any pesticide dealer selling other 
16than restricted use pesticides and such rules shall include 
17the establishment of a registration fee in an amount not to 
18exceed the pesticide dealer registration fee.
19    The Department may refuse to issue or may suspend the 
20registration of any person who fails to file a return, or to 
21pay the tax, penalty, or interest shown in a filed return, or 
22to pay any final assessment of tax, penalty, or interest, as 
23required by any tax Act administered by the Illinois 
24Department of Revenue, until such time as the requirements of 
25any such tax Act are satisfied.
26(Source: P.A. 103-441, eff. 1-1-24.)".