HB 4407 — STRUCTURAL PEST CONT-REENACT
Last action — Public Act . . . . . . . . . 95-0786
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2008. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
0 primary, 2 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Structural Pest Control Act. Provides for the continuation, validation, and re-enactment of the Act, which was inadvertently repealed on January 1, 2008. Amends the Regulatory Sunset Act to extend the repeal of the Structural Pest Control Act from January 1, 2008 to December 31, 2009. Effective immediately.
Bill Text
What changed in the latest version
48 added · 48 removedPlain-language change summary
The amendment to Bill HB 4407 involved the replacement of the term "Engrossed" with "Enrolled" in the document's title and across various lines. This change clarifies that the bill has completed its legislative process in one chamber and is now ready for final approval. It’s an important step that indicates the bill is closer to becoming law, thereby impacting the proposed regulations or changes it addresses.
HB4407 EngrossedEnrolled LRB095 16529 RAS 42560 b AN ACT concerning regulation.
HB4407 EngrossedEnrolled - 2 - LRB095 16529 RAS 42560 b (b) The following Act is repealed on December 31, 2009:
(4) The Structural Pest Control Act was originally HB4407 EngrossedEnrolled - 3 - LRB095 16529 RAS 42560 b enacted to protect, promote, and preserve the public health and general welfare.
It is not intended to supersede any amendment to the Act that is HB4407 EngrossedEnrolled - 4 - LRB095 16529 RAS 42560 b enacted by the 95th General Assembly.
It is declared that there exists and may in the future exist within the State of Illinois locations where pesticides are received, stored, formulated or prepared and subsequently used for the control of structural HB4407 EngrossedEnrolled - 5 - LRB095 16529 RAS 42560 b pests, and improper selection, formulation and application of pesticides may adversely affect the public health and general welfare.
It is also the purpose of this Act to reduce economic, HB4407 EngrossedEnrolled - 6 - LRB095 16529 RAS 42560 b health, and environmental risks by promoting the use of integrated pest management for structural pest control in schools and day care centers, by making guidelines on integrated pest management available to schools and day care centers.
82-725.) HB4407 EngrossedEnrolled - 7 - LRB095 16529 RAS 42560 b (225 ILCS 235/3.03) (from Ch.
"Licensee" means a person licensed in accordance HB4407 EngrossedEnrolled - 8 - LRB095 16529 RAS 42560 b with this Act.
"Structure" means any edifice, building or other constructed entity including the contents therein, any patio or terrace connected thereto and the land on which it is situated, and including any portion of land within the given HB4407 EngrossedEnrolled - 9 - LRB095 16529 RAS 42560 b proprietorship which might constitute a potential harborage for pests which could affect the edifice or building or its contents, any portion of land upon which work has begun for the erection of an edifice, any vehicle used as a common carrier, any dock, wharf, railroad siding or refuse area.
85-227.) HB4407 EngrossedEnrolled - 10 - LRB095 16529 RAS 42560 b (225 ILCS 235/3.11) (from Ch.
82-725.) HB4407 EngrossedEnrolled - 11 - LRB095 16529 RAS 42560 b (225 ILCS 235/3.14) (from Ch.
83-1452.) HB4407 EngrossedEnrolled - 12 - LRB095 16529 RAS 42560 b (225 ILCS 235/3.17) (from Ch.
83-825.) HB4407 EngrossedEnrolled - 13 - LRB095 16529 RAS 42560 b (225 ILCS 235/3.20) (from Ch.
"General Use Pesticide" means any substance or HB4407 EngrossedEnrolled - 14 - LRB095 16529 RAS 42560 b mixture of substances intended for preventing, destroying, repelling or mitigating any pest, as defined in Section 3.07 of this Act, the use of which has been categorized as general under subparagraph (B) of paragraph (l) of subsection (d) of Section 3 of FIFRA.
"Integrated pest management" is defined as a HB4407 EngrossedEnrolled - 15 - LRB095 16529 RAS 42560 b pest management system that includes the following elements:
"School" means any structure used as a public HB4407 EngrossedEnrolled - 16 - LRB095 16529 RAS 42560 b school in this State.
(b) It shall be unlawful for any person who owns or operates a non-commercial structural pest control location to engage in non-commercial structural pest control using restricted pesticides in this State after October 21, 1977, HB4407 EngrossedEnrolled - 17 - LRB095 16529 RAS 42560 b unless registered by the Department.
No individual shall apply any general use or restricted pesticide while engaged in HB4407 EngrossedEnrolled - 18 - LRB095 16529 RAS 42560 b commercial structural pest control in this State unless certified, or supervised by someone who is certified, by the Department in accordance with this Section.
HB4407 EngrossedEnrolled - 19 - LRB095 16529 RAS 42560 b 2.
A certified technician who wishes to be certified in sub-categories for which he has not been previously certified may apply for any sub-category examination provided he meets the requirements set forth in this Section, files an original HB4407 EngrossedEnrolled - 20 - LRB095 16529 RAS 42560 b application, and pays the fee for examination.
2205.02) HB4407 EngrossedEnrolled - 21 - LRB095 16529 RAS 42560 b (Section scheduled to be repealed on January 1, 2008) Sec.
Renewal applications shall be filed with the Department prior to HB4407 EngrossedEnrolled - 22 - LRB095 16529 RAS 42560 b December 1 preceding the date of expiration.
The written examination shall be prepared from suggested study HB4407 EngrossedEnrolled - 23 - LRB095 16529 RAS 42560 b materials.
and (h) Wood products pest control, which includes the application of restricted use wood treatment pesticides by individuals working for commercial wood treatment companies or non-commercial wood treatment plants using pressure, as well as HB4407 EngrossedEnrolled - 24 - LRB095 16529 RAS 42560 b nonpressure, treatment methods to control or prevent wood degradation by wood destroying organisms which include but are not limited to insects, and by fungi or bacteria which cause surface molding, surface staining, sap staining, brown rot, white rot and soft rot.
All structural pest control operations shall be suspended until HB4407 EngrossedEnrolled - 25 - LRB095 16529 RAS 42560 b such time that the licensee or registrant obtains the services of a certified technician.
Every application for an original license shall be accompanied by a certificate of insurance issued by an insurance company authorized to do business in the State of Illinois or by a risk retention or purchasing group formed pursuant to the federal HB4407 EngrossedEnrolled - 26 - LRB095 16529 RAS 42560 b Liability Risk Retention Act of 1986, which provides primary, first dollar public liability coverage of the applicant or licensee for personal injuries for not less than $100,000 per person, or $300,000 per occurrence, and, in addition, for not less than $50,000 per occurrence for property damage, resulting from structural pest control.
HB4407 EngrossedEnrolled - 27 - LRB095 16529 RAS 42560 b (a) To prescribe and furnish application forms, licenses, registrations, certificates and any other forms necessary under this Act;
(g) To conduct inspections, which may include planned use inspections, during business hours, the purpose of which shall be reduced to writing, to determine satisfactory compliance with this Act, after consent of the person, licensee or HB4407 EngrossedEnrolled - 28 - LRB095 16529 RAS 42560 b registrant has been obtained or after an order for such inspection has been issued by the court;
Their functions shall be to advise the Department in the preparation of rules necessary to carry out the provisions of the Act, offer suggestions for examination questions, provide suggestions for the efficient administration of the Act, develop criteria for issuance of HB4407 EngrossedEnrolled - 29 - LRB095 16529 RAS 42560 b administrative fines, and perform other duties as may be prescribed by the Director.
The term of office for each member of the council shall be 4 calendar years with no representative serving more than 2 HB4407 EngrossedEnrolled - 30 - LRB095 16529 RAS 42560 b consecutive terms.
In implementing an HB4407 EngrossedEnrolled - 31 - LRB095 16529 RAS 42560 b integrated pest management program, a school or day care center must assign a designated person to assume responsibility for the oversight of pest management practices in that school or day care center and for recordkeeping requirements.
The HB4407 EngrossedEnrolled - 32 - LRB095 16529 RAS 42560 b training course shall be approved by the Department in accordance with the minimum standards established by the Department under this Act.
HB4407 EngrossedEnrolled - 33 - LRB095 16529 RAS 42560 b (f) The requirements of this Section are subject to appropriation to the Department for the implementation of integrated pest management programs.
If such a situation arises, the appropriate school or day care center personnel must sign a statement describing the circumstances that gave rise to the health threat and ensure that written HB4407 EngrossedEnrolled - 34 - LRB095 16529 RAS 42560 b notice is provided as soon as practicable.
It is a violation of this Act and the Department may suspend, revoke or refuse to issue or renew any certificate, registration or license, in accordance with Section 14 of this Act, upon proof of any of HB4407 EngrossedEnrolled - 35 - LRB095 16529 RAS 42560 b the following:
HB4407 EngrossedEnrolled - 36 - LRB095 16529 RAS 42560 b (i) Performing structural pest control, utilizing or authorizing the use or sale of, pesticides which are in violation of the FIFRA, or the Illinois Pesticide Act.
and (5) be served upon the licensee, registrant or certified technician as the case may require, provided that HB4407 EngrossedEnrolled - 37 - LRB095 16529 RAS 42560 b such notice shall be deemed to have been properly served upon the person when a copy thereof has been sent by registered or certified mail to his last known address as furnished to the Department or when he has been served with such notice by any other method authorized by law.
In the case of revocation or suspension, the HB4407 EngrossedEnrolled - 38 - LRB095 16529 RAS 42560 b notice shall require the person to remove or abate the violation or objectionable condition specified in the notice within 5 days or within a longer period of time as the Department may allow.
The hearing shall be HB4407 EngrossedEnrolled - 39 - LRB095 16529 RAS 42560 b conducted by the Director, or a Hearing Officer designated in writing by the Director, to conduct the hearing.
In the cases of refusal of a witness to attend or testify, or to produce books or papers, concerning any matter upon which HB4407 EngrossedEnrolled - 40 - LRB095 16529 RAS 42560 b he might be lawfully examined, the circuit court of the county where the hearing is held, upon application of any party to the proceeding, may compel obedience by proceeding as for contempt.
Show all 48 changed lines (8 more)
Failure on the part of the plaintiff to make such deposit shall HB4407 EngrossedEnrolled - 41 - LRB095 16529 RAS 42560 b be grounds for dismissal of the action.
Any person who violates this Act or any rule or regulation adopted by the Department, or who violates any determination or order of the Department under this Act shall be guilty of a Class A misdemeanor and shall be fined a HB4407 EngrossedEnrolled - 42 - LRB095 16529 RAS 42560 b sum not less than $100.
HB4407 EngrossedEnrolled - 43 - LRB095 16529 RAS 42560 b (Source:
The term "Administrative HB4407 EngrossedEnrolled - 44 - LRB095 16529 RAS 42560 b decision" is defined as in Section 3-101 of the Code of Civil Procedure.
82-725.) HB4407 EngrossedEnrolled - 45 - LRB095 16529 RAS 42560 b (225 ILCS 235/25) (from Ch.
HB4407 EngrossedEnrolled - 46 - LRB095 16529 RAS 42560 b INDEX Statutes amended in order of appearance 5 ILCS 80/4.18 5 ILCS 80/4.19b 225 ILCS 235/26 new 225 ILCS 235/Act title Structural Pest Control Act.
2203.17 HB4407 EngrossedEnrolled - 47 - LRB095 16529 RAS 42560 b 225 ILCS 235/3.18 from Ch.
2215 HB4407 EngrossedEnrolled - 48 - LRB095 16529 RAS 42560 b 225 ILCS 235/16 from Ch.
Show all 48 changed rows (8 more)
Action History
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Public Act . . . . . . . . . 95-0786
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Effective Date August 7, 2008
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Passed; 057-000-000
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Placed on Calendar Order of 3rd Reading May 14, 2008
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Second Reading
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Placed on Calendar Order of 2nd Reading May 13, 2008
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Do Pass Licensed Activities; 008-000-000
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Assigned to Licensed Activities
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Added as Alternate Chief Co-Sponsor Sen. Susan Garrett
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Alternate Chief Sponsor Changed to Sen. Heather Steans
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Referred to Rules
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First Reading
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Added as Alternate Co-Sponsor Sen. James F. Clayborne, Jr.
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Chief Senate Sponsor Sen. Susan Garrett
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Placed on Calendar Order of First Reading February 28, 2008
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Arrive in Senate
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Third Reading - Short Debate - Passed 104-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Environmental Health Committee; 012-000-000
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Added Chief Co-Sponsor Rep. Arthur L. Turner
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Added Chief Co-Sponsor Rep. Michael Tryon
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Added Chief Co-Sponsor Rep. Karen May
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Assigned to Environmental Health Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Elizabeth Coulson
Sponsors
- Elizabeth Coulson · Cosponsor
- Jr. James F. Clayborne · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 2 co-sponsors · 181 not signed on
Sponsors (0)
None.
Co-sponsors (2)
- Elizabeth Coulson
- James F. Clayborne, Jr.
Not signed on (181)
181 members have not signed on to this bill.
Show all 181 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 47 | 0 | 0 | 2 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 57 | 0 | 0 | 2 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Halvorson | — | Yea |
| Hultgren | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Maloney | — | Yea |
| Meeks | — | Not Voting |
| Millner | — | Yea |
| Noland | — | Yea |
| Peterson | — | Yea |
| Radogno | — | Yea |
| Schoenberg | — | Yea |
| Brady | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Sullivan | — | Yea |
| Munoz | — | Yea |
| Trotter | — | Not Voting |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Cullerton | — | Yea |
| Watson | — | Yea |
| Jacobs | — | Yea |
| Jones, J. | — | Yea |
| Demuzio | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Kotowski | — | Yea |
| Pankau | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Luechtefeld | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 8 | 0 | 0 | 1 |
| Unaffiliated | 92 | 0 | 0 | 13 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 104 | 0 | 0 | 14 |
| % of votes cast | 88% | 0% | 0% | 12% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Myers | — | Yea |
| Jakobsson | — | Yea |
| Jefferies | — | Not Voting |
| Jefferson | — | Yea |
| Krause | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| Lindner | — | Yea |
| McAuliffe | — | Yea |
| Reitz | — | Yea |
| McCarthy | — | Yea |
| Mendoza | — | Yea |
| Lyons | — | Yea |
| Meyer | — | Yea |
| Moffitt | — | Yea |
| Schock | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| McGuire | — | Yea |
| Brady | — | Yea |
| Mitchell, Bill | — | Yea |
| Mitchell, Jerry | — | Yea |
| Burke | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Gordon | — | Yea |
| Graham | — | Yea |
| Granberg | — | Yea |
| Sullivan | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Madigan | — | Not Voting |
| May | — | Not Voting |
| Hernandez | — | Yea |
| Molaro | — | Not Voting |
| Mulligan | — | Yea |
| Munson | — | Yea |
| Howard | — | Yea |
| Nekritz | — | Yea |
| Patterson | — | Not Voting |
| Phelps | — | Yea |
| Davis, Monique | — | Yea |
| Bradley, John | — | Not Voting |
| Bradley, Richard | — | Not Voting |
| Scully | — | Not Voting |
| Watson | — | Not Voting |
| Tryon | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Younge | — | Not Voting |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Dunn | — | Not Voting |
| Golar | — | Not Voting |
| Hamos | — | Not Voting |
| Hassert | — | Yea |
| Holbrook | — | Yea |
| Kosel | — | Yea |
| Osmond | — | Yea |
| Osterman | — | Yea |
| Pihos | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Mathias | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Colvin | — | Yea |
| Coulson | — | Yea |
| Chapa LaVia | — | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Not Voting |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 4407 do?
- Amends the Structural Pest Control Act. Provides for the continuation, validation, and re-enactment of the Act, which was inadvertently repealed on January 1, 2008. Amends the Regulatory Sunset Act to extend the repeal of the Structural Pest Control Act from January 1, 2008 to December 31, 2009. Effective immediately.
- Who sponsors HB 4407?
- HB 4407 is sponsored by Elizabeth Coulson and James F. Clayborne, Jr..
- What is the current status of HB 4407?
- This bill has been enacted into law. Introduced January 11, 2008. Enacted.
- Where can I track HB 4407?
- Track HB 4407 free on One Click Politics — get push/email alerts when it moves.
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