Sen. David Koehler

Filed: 5/6/2025

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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    50. "License transfer" means the transfer of an existing
16license or certification by the Department from one certified
17applicator or operator to another certified applicator or
18operator for the period of time remaining on the license
19before renewal.    
20(Source: P.A. 102-555, eff. 1-1-22; 102-916, eff. 1-1-23;
21103-154, eff. 6-30-23.)
22    (415 ILCS 60/6)    (from Ch. 5, par. 806)
23    Sec. 6. Registration.
24    1. Every pesticide which is distributed, sold, offered for
25sale within this State, delivered for transportation or

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1transported in interstate commerce or between points within
2the State through any point outside the State, shall be
3registered with the Director or his designated agent, subject
4to provisions of this Act. Such registration shall be for a
5period determined under item 1.5 of this Section and shall
6expire on December 31st. Registration is not required if a
7pesticide is shipped from one plant or warehouse to another
8plant or warehouse by the same person and is used solely at
9such plant or warehouse as a constituent part to make a
10pesticide which is registered under provisions of this Act and
11FIFRA.
12    1.5. In order to stagger product registrations, the
13Department shall, for the 2011 registration year, register
14half of the applicants and their products for one year and the
15other half for 2 years. Thereafter, a business registration
16and product registration shall be for 2 years.
17    2. Registration applicant shall file a statement with the
18Director which shall include:
19        A. The name and address of the applicant and the name
20 and address of the person whose name will appear on the
21 label if different from the applicant's.
22        B. The name of the pesticide.
23        C. A copy of the labeling accompanying the pesticide
24 under customary conditions of distribution, sale and use,
25 including ingredient statement, direction for use, use
26 classification, and precautionary or warning statements.

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1    3. The Director may require the submission of complete
2formula data.
3    4. The Director may require a full description of tests
4made and the results thereof, upon which the claims are based,
5for any pesticide not registered pursuant to FIFRA, or on any
6pesticide under consideration to be classified for restricted
7use.
8        A. The Director will not consider data he required of
9 the initial registrant of a pesticide in support of
10 another applicants' registration unless the subsequent
11 applicant has obtained written permission to use such
12 data.
13        B. In the case of renewal registration, the Director
14 may accept a statement only with respect to information
15 which is different from that furnished previously.
16    5. The Director may prescribe other requirements to
17support a pesticide registration by regulation.
18    6. For the years preceding the year 2004, any registrant
19desiring to register a pesticide product at any time during
20one year shall pay the annual registration fee of $100 per
21product registered for that applicant. For the years 2004
22through 2010, the annual product registration fee is $200 per
23product. For the years 2011 through 2023, the product
24registration fee shall be $600 per product per 2-year
25registration period and shall be paid at the time of
26registration. For the years 2024 through 2025 and thereafter,

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1the product registration fee shall be $800 per product per
22-year registration period and shall be paid at the time of
3registration. For the year 2026 and for each year thereafter,
4the product registration fee shall be $850 per product per
52-year registration period and shall be paid at the time of
6registration.    
7    In addition, for the years preceding the year 2004 any
8business registering a pesticide product at any time during
9one year shall pay the annual business registration fee of
10$250. For the years 2004 through 2010, the annual business
11registration fee shall be $400. For the years 2011 through
122023, the business registration fee shall be $800 per 2-year
13registration period and shall be paid at the time of
14registration. For the years 2024 through 2025 and thereafter,
15the business registration fee shall be $1000 per 2-year
16registration period and shall be paid at the time of
17registration. For the year 2026 and for each year thereafter,
18the business registration fee shall be $1,050 per 2-year
19registration period and shall be paid at the time of
20registration. Each legal entity of the business shall pay the
21business registration fee.
22    For the years preceding the year 2004, any applicant
23requesting an experimental use permit shall pay the annual fee
24of $100 per permit and all special local need pesticide
25registration applicants shall pay an annual fee of $100 per
26product. For the years 2004 through 2010, the annual

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1experimental use permit fee and special local need pesticide
2registration fee is $200 per permit. For the years 2011 and
3thereafter, the annual experimental use permit and special
4local need pesticide registration fee shall be $300 per
5product. Subsequent SLN registrations for a pesticide already
6registered shall be exempted from the registration fee.
7        A. All registration accepted and approved by the
8 Director shall expire on the 31st day of December in any
9 one year unless cancelled. Registration for a special
10 local need may be granted for a specific period of time
11 with the approval date and expiration date specified.
12        B. If a registration for special local need granted by
13 the Director does not receive approval of the
14 Administrator of USEPA, the registration shall expire on
15 the date of the Administrator's disapproval.
16    7. Registrations approved and accepted by the Director and
17in effect on the 31st day of December, for which renewal
18application is made, shall continue in full force and effect
19until the Director notifies the registrant that the renewal
20has been approved and accepted or the registration is denied
21under this Act. Renewal registration forms will be provided to
22applicants by the Director.
23    8. If the renewal of a pesticide registration is not filed
24within 30 days of the date of expiration, a penalty late
25registration assessment of $100 per product shall apply in
26addition to the regular product registration fee. The late

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1registration assessment shall not apply if the applicant
2furnishes an affidavit certifying that no unregulated
3pesticide was distributed or sold during the period of
4registration. The late assessment is not a bar to prosecution
5for doing business without proper registry.
6    9. The Director may prescribe by regulation to allow
7pesticide use for a special local need, pursuant to FIFRA.
8    10. The Director may prescribe by regulation the
9provisions for and requirements of registering a pesticide
10intended for experimental use.
11    11. The Director shall not make any lack of essentiality a
12criterion for denial of registration of any pesticide. Where 2
13pesticides meet the requirements, one should not be registered
14in preference to the other.
15    12. It shall be the duty of the pesticide registrant to
16properly dispose of any pesticide the registration of which
17has been suspended, revoked or cancelled or which is otherwise
18not properly registered in the State.
19(Source: P.A. 103-441, eff. 1-1-24.)
20    (415 ILCS 60/10)    (from Ch. 5, par. 810)
21    Sec. 10. Commercial applicator license. No commercial
22applicator shall use or supervise the use of any pesticide
23without a commercial license issued by the Director. For the
24years preceding the year 2001, the Director shall require an
25annual fee for commercial applicator license of $35. For the

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1years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee
2for a commercial applicator license is $45. For the years 2007
3through 2017, the annual fee for a commercial applicator
4license is $60. For the years 2018 through 2023, the fee for a
5multi-year commercial applicator license is $180. For the
6years 2024 through 2025 and thereafter, the fee for a
7multi-year commercial applicator license is $240. For the year
82026 and for each year thereafter, the fee for a multi-year
9commercial applicator license is $300 The late application fee
10for a commercial applicator license shall be $20 in addition
11to the normal license fee. A commercial applicator shall be
12assessed a fee of $25 $10 for a duplicate license or license
13transfer.
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 must provide to the
2Director at the time of original licensing and must maintain
3throughout the licensure period evidence of financial
4responsibility protecting persons who may suffer personal
5injury or property damage or both as a result of the pesticide
6operation of the applicant in either of the following manners:
7        A. Evidence of responsibility may be provided in the
8 form of a surety bond for each licensed commercial
9 applicator naming the licensed commercial applicator as
10 principal of the bond. The amount of the bond shall be not
11 less than $50,000 per year. It is permissible to provide
12 two bonds; one for $25,000 for bodily injury liability and
13 the second for $25,000 for property damage liability. The
14 bond or bonds shall be made payable to the Director of
15 Agriculture, State of Illinois, for the benefit of the
16 injured party and shall be conditioned upon compliance
17 with the provisions of this Act by the principal, his or
18 her officers, representatives and employees; or
19        B. Evidence of responsibility may be provided in the
20 form of a certificate of liability insurance providing
21 coverage for each licensed commercial applicator or
22 licensed entity in the amount of not less than $50,000 per
23 person, $100,000 per occurrence bodily injury liability
24 coverage, with an annual aggregate of not less than
25 $500,000, and $50,000 per occurrence property damage
26 liability, with an annual aggregate of not less than

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1 $50,000; or, in lieu thereof, a combined single limit of
2 not less than $100,000 bodily injury and property damage
3 liability combined, with an annual aggregate of not less
4 than $500,000.
5    4. Every insurance policy or bond shall contain a
6provision that it will not be cancelled or reduced by the
7principal or insurance company, except upon 30 days prior
8notice in writing to the Director of the Department at the
9Springfield, Illinois office and the principal insured. A
10reduction or cancellation of policy shall not affect the
11liability accrued or which may accrue under such policy before
12the expiration of the 30 days. The notice shall contain the
13termination date. Upon said reduction or cancellation, the
14Director shall immediately notify the licensee that his or her
15license will be suspended and the effective date until the
16minimum bond or liability insurance requirements are met by
17the licensee for the current license period.
18    5. Nothing in this Act shall be construed to relieve any
19person from liability for any damage to persons or property
20caused by use of pesticides even though such use conforms to
21label instructions and pertinent rules and regulations of this
22State.
23    6. The Director may renew any applicant's license in the
24classifications for which such applicant is licensed, subject
25to requalification requirements imposed by the Director.
26Requalification standards shall be prescribed by regulations

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1adopted pursuant to this Act and are required to ensure that
2the licensed commercial applicator meets the requirements of
3changing technology and to assure a continued level of
4competence and ability.
5    7. The Director may limit the license of an applicant to
6allow only the use of certain pesticides in a delimited
7geographic area, or to the use of certain application
8techniques or equipment. If a license is not issued as applied
9for, the Director shall inform the applicant in writing of the
10reasons and extend an opportunity for the applicant to
11complete the requirements for the license desired.
12    8. For the purpose of uniformity, the Director may enter
13into agreements for accepting standards of qualification of
14other states as a basis for licensing commercial applicators.
15(Source: P.A. 103-441, eff. 1-1-24.)
16    (415 ILCS 60/11)    (from Ch. 5, par. 811)
17    Sec. 11. Certified pesticide applicators and private
18applicators. No person shall use or supervise the use of
19pesticides classified for restricted use without a license
20issued by the Director. Persons licensed or desiring to be
21licensed as certified pesticide applicators shall comply with
22the certification requirements as set forth in Section 9 of
23this Act in order to protect public health and the
24environment, including injury to the applicator or other
25persons using these pesticides.

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1    An applicant for certification as a private pesticide
2applicator shall meet qualification requirements prescribed by
3regulation. Certification shall be valid for the calendar year
4in which the certification is issued plus 2 additional
5calendar years, expiring on December 31st. The application for
6certification shall be made in writing to the Director, on
7forms available from the Director or the local county
8agricultural extension adviser's office and be accompanied by
9payment of a $10 license fee in the years preceding the year
102001. During the years 2001, 2002, 2003, 2004, 2005, and 2006,
11the private pesticide applicator license fee shall be $15.
12During the years 2007 through 2010, the private pesticide
13applicator license fee shall be $20. For the years 2011
14through 2023, the private pesticide applicator license fee
15shall be $30. For the years 2024 through 2025 and thereafter,
16the private pesticide applicator license fee shall be $60. For
17the year 2026 and for each year thereafter, the private
18pesticide applicator license fee shall be $90. A private
19pesticide applicator shall be assessed a fee of $5 for a
20duplicate license or license transfer. Such application shall
21include:
22        A. The full name of the applicant.
23        B. The mailing address of the applicant.
24        C. The documents required as evidence of competence
25 and knowledge regarding the use of pesticides.
26    Certification, as a private pesticide applicator, issued

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1by the Director shall be valid for a period prescribed by
2regulation. The Director shall develop regulatory standards to
3ensure that certified private pesticide applicators continue
4to meet the requirements of a changing technology and assure a
5continued level of competence and ability.
6(Source: P.A. 103-441, eff. 1-1-24.)
7    (415 ILCS 60/11.1)    (from Ch. 5, par. 811.1)
8    Sec. 11.1. Commercial not-for-hire license. No commercial
9not-for-hire applicator shall use or supervise the use of any
10pesticide without a license issued by the Director. For the
11years 2011 through 2017, the commercial not-for-hire pesticide
12applicator license fee shall be $20. For the years 2018
13through 2023, the fee for a multi-year commercial not-for-hire
14pesticide applicator license is $60. For the years 2024
15through 2025 and thereafter, the fee for a multi-year
16commercial not-for-hire pesticide applicator license is $120.
17For the year 2026 and for each year thereafter, the fee for a
18multi-year commercial not-for-hire pesticide applicator
19license is $180 The late application fee for a public or
20commercial not-for-hire applicator license shall be $20 in
21addition to the normal license fees. A commercial not-for-hire
22applicator shall be assessed a fee of $20 $10 for a duplicate
23license or license transfer.
24    1. Application for certification as a commercial
25not-for-hire pesticide applicator shall be made in writing on

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1designated forms available from the Director. Each application
2shall contain information regarding the qualifications of the
3applicant, classification of certification being sought, and
4shall include the following:
5        A. The full name of the applicant.
6        B. The name of the applicant's employer.
7        C. The address at the applicant's place of employment.
8        D. Any other information prescribed by the Director on
9 the designated form.
10    2. The Director shall not issue a certification to a
11commercial not-for-hire pesticide applicator until the
12individual identified has demonstrated his competence and
13knowledge regarding pesticide use in accordance with Section 9
14of this Act.
15    3. The Director shall not renew a certification as a
16commercial not-for-hire pesticide applicator until the
17applicant reestablishes his qualifications in accordance with
18Section 9 of this Act or has met other requirements imposed by
19regulation in order to ensure that the applicant meets the
20requirements of changing technology and to assure a continued
21level of competence and ability.
22    4. (Blank).
23    5. (Blank).
24    6. (Blank).
25    7. Persons applying general use pesticides, approved by
26the Inter-Agency Committee on the Use of Pesticides, to scrap

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1tires for the control of mosquitoes shall be exempt from the
2license requirements of this Section.
3(Source: P.A. 103-441, eff. 1-1-24.)
4    (415 ILCS 60/11.5 new)
5    Sec. 11.5. Operator permit and certified applicator and
6dealer license renewal.    
7    1. Subject to appropriation, sufficient available
8education courses, and successful procurement and
9implementation of any requisite tracking software, certified
10applicators, licensed operators, or registered pesticide
11dealers may elect to take education courses or an examination
12to meet the requirements for the renewal of certifications,
13licenses, permits, or registrations under this Act.
14    2. Before renewing a certification, license, permit, or
15registration under this Act, a certified applicator, licensed
16operator, or registered pesticide dealer must demonstrate
17competence and ability in the use of pesticides and an
18understanding of the requirements of this Act by either (i)
19successfully completing an examination administered by the
20Department or its designee every 3 years or (ii) successfully
21completing 15 hours of Department-approved education courses
22every 3 years.
23    3. In approving education courses and the providers of
24education courses, the Department may consult with other
25agencies and non-State entities with interests affected by the

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1Act. However, the Department shall have ultimate
2decision-making authority with respect to the approval of
3education courses.
4        A. To be approved by the Department, an education
5 course must be offered by an entity with significant
6 familiarity and understanding of the Act and with
7 pesticide application in Illinois.
8        B. Presentations or classes advocating for specific
9 products, services, or the sale or use of specific
10 products or services shall not be approved. This
11 restriction shall not apply to courses that are offered by
12 a person subject to this Section and intended to cover the
13 proper use of the person's product, so long as the course
14 provider does not advocate for or attempt to persuade the
15 attendee to use that specific product.
16    4. Any education course used to meet the requirements for
17certification, license, permit, or registration renewal shall
18include all topics, laws, and rules that are contained in the
19examination for that certification, license, permit, or
20registration as provided for in the Department's
21administrative rules.
22    5. Any person choosing to meet renewal requirements by
23attending education courses under this Section shall be
24responsible for tracking the number of hours of education
25courses completed. Failure to attend the required number of
26hours of education courses will result in the person having to

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1take the examination.
2    6. The Department may adopt rules to implement and
3administer this Section, including administrative rules
4related to education courses and their content, provider
5restrictions and requirements, and any related topic that the
6Department deems necessary or appropriate to implement and
7maintain the education course program described in this
8Section.
9    (415 ILCS 60/12)    (from Ch. 5, par. 812)
10    Sec. 12. Licensed operator. No pesticide operator shall
11use any pesticides without a pesticide operator license issued
12by the Director.
13    1. Application for an operator license shall be made in
14writing on designated forms available from the Director. Each
15application shall contain information regarding the nature of
16applicants pesticide use, his qualifications, and such other
17facts as prescribed on the form. The application shall also
18include the following:
19        A. The full name of applicant.
20        B. The address of the applicant.
21        C. The name of and license/certification number of the
22 pesticide applicator under whom the applicant will work.
23    2. The Director shall not issue a pesticide operator
24license until the individual identified has demonstrated his
25competence and knowledge regarding pesticide use in accordance

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1with Section 9 of this Act.
2    3. The Director shall not issue an operator license to any
3person who is unable to provide the name and
4license/certification number of an applicator under whom the
5operator will work.
6    4. For the years preceding the year 2001, a licensed
7commercial operator working for or under the supervision of a
8certified licensed commercial pesticide applicator shall pay
9an annual fee of $25. For the years 2001, 2002, and 2003, the
10annual fee for a commercial operator license is $30. For the
11years 2004, 2005, and 2006, the annual fee for a commercial
12operator license is $35. For the years 2007 through 2017, the
13annual fee for a commercial operator license is $40. For the
14years 2018 through 2023, the fee for a multi-year commercial
15operator license is $120. For the years 2024 through 2025 and
16thereafter, the fee for a multi-year commercial operator
17license is $180. For the year 2026 and for each year
18thereafter, the fee for a multi-year commercial operator
19license is $240 The late application fee for an operator
20license shall be $20 in addition to the normal license fee. A
21licensed operator shall be assessed a fee of $20 $10 for a
22duplicate license or license transfer.
23    5. For the years 2011 through 2017, the commercial
24not-for-hire pesticide operator license fee shall be $15. For
25the years 2018 through 2023, the fee for a multi-year
26commercial not-for-hire pesticide operator license is $45. For

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1the years 2024 through 2025 and thereafter, the fee for a
2multi-year commercial not-for-hire pesticide operator license
3is $90. For the year 2026 and for each year thereafter, the fee
4for a multi-year commercial not-for-hire-pesticide operator
5license is $150 The late application fee for a commercial
6not-for-hire operator license shall be $20 in addition to the
7normal license fee. A commercial not-for-hire operator shall
8be assessed a fee of $15 $10 for a duplicate license.
9(Source: P.A. 103-441, eff. 1-1-24.)
10    (415 ILCS 60/13)    (from Ch. 5, par. 813)
11    Sec. 13. Pesticide dealers. Any pesticide dealer who sells
12Restricted Use pesticides shall be registered with the
13Department on forms provided by the Director. Beginning July
141, 2005, any pesticide dealer that sells non-restricted use
15pesticides for use in the production of an agricultural
16commodity in containers with a capacity of 2.5 gallons or
17greater or 10 pounds or greater must also register with the
18Department on forms provided by the Director. Through 2017,
19registration shall consist of passing a required examination
20and payment of a $100 registration fee. For the years 2018
21through 2023, the pesticide dealer registration fee for a
22multi-year registration period is $300. For the years 2024
23through 2025 and thereafter, the pesticide dealer registration
24fee for a multi-year registration period is $350. For the year
252026 and for each year thereafter, the pesticide dealer

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1registration fee for a multi-year registration period is $360    
2The late application fee for a pesticide dealer registration
3shall be $20 in addition to the normal pesticide dealer
4registration fee. A pesticide dealer shall be assessed a fee
5of $30 $10 for a duplicate registration or license transfer.
6    Dealers who hold a Structural Pest Control license with
7the Illinois Department of Public Health or a Commercial
8Applicator's license with the Illinois Department of
9Agriculture are exempt from the registration fee but must
10register with the Department.
11    Each place of business which sells restricted use
12pesticides or non-restricted pesticides for use in the
13production of an agricultural commodity in containers with a
14capacity of 2.5 gallons or greater or 10 pounds or greater
15shall be considered a separate entity for the purpose of
16registration.
17    Registration as a pesticide dealer shall expire on
18December 31 of the year in which it is to expire. Pesticide
19dealers shall be certified in accordance with Section 9 of
20this Act.
21    The Director may prescribe, by rule, requirements for the
22registration and testing of any pesticide dealer selling other
23than restricted use pesticides and such rules shall include
24the establishment of a registration fee in an amount not to
25exceed the pesticide dealer registration fee.
26    The Department may refuse to issue or may suspend the

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1registration of any person who fails to file a return, or to
2pay the tax, penalty, or interest shown in a filed return, or
3to pay any final assessment of tax, penalty, or interest, as
4required by any tax Act administered by the Illinois
5Department of Revenue, until such time as the requirements of
6any such tax Act are satisfied.
7(Source: P.A. 103-441, eff. 1-1-24.)".