| ||||
| Public Act 097-0428 | ||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Petroleum Equipment Contractors Licensing | ||||
Act is amended by changing Sections 5, 25, 30, 35, 40, 45, and | ||||
60 as follows:
| ||||
(225 ILCS 729/5)
| ||||
(Section scheduled to be repealed on January 1, 2012)
| ||||
Sec. 5. Definitions. For the purposes of this Act:
| ||||
"Employee" means a licensee or a person who is currently | ||||
employed by a
contractor licensed under this Act whose full or | ||||
part-time duties include
any activity specified in Section 35 | ||||
of this Act.
| ||||
"Licensee" means a person or business organization | ||||
licensed in accordance with this Act. | ||||
"Person" means a natural person or any company, | ||||
corporation, or other
business
entity.
| ||||
"Petroleum equipment contractor" or "contractor" means a | ||||
person, company, or corporation that
installs, repairs, or | ||||
removes underground storage tanks.
| ||||
(Source: P.A. 92-618, eff. 7-11-02.)
| ||||
(225 ILCS 729/25)
| ||||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 25. Rules; report. The State Fire Marshal shall | ||
promulgate rules
consistent with the
provisions of
this Act for | ||
the administration and enforcement of this Act and may | ||
prescribe
forms that
shall be issued in connection with the | ||
rules promulgated under this Act. The
rules shall include | ||
standards and
criteria for licensure
registration, | ||
professional conduct, and discipline.
| ||
(Source: P.A. 92-618, eff. 7-11-02.)
| ||
(225 ILCS 729/30)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 30. Investigators. The State Fire Marshal may employ, | ||
in conformity
with the Personnel Code, the professional, | ||
technical, investigative, or
clerical help that
may be | ||
necessary for the enforcement of this Act. Each investigator | ||
shall have
a
minimum of 2 years investigative experience out of | ||
the preceding 5 years.
| ||
An investigator may not hold an active license issued | ||
pursuant to this Act or
have
any fiduciary interest in any | ||
business licensed under this Act. This
prohibition
does not | ||
prohibit the investigator from holding stock in a publicly | ||
traded
business
licensed or regulated under this Act, provided | ||
that the investigator does not
hold more
than 5% of a publicly | ||
traded corporation the stock of the business.
| ||
(Source: P.A. 92-618, eff. 7-11-02.)
| ||
(225 ILCS 729/35)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 35. Licensure qualifications and fees.
| ||
(a) Applicants for a license must submit to the Office all | ||
of the following:
| ||
(1) fees as established by the Office;
| ||
(2) evidence of registration as an Illinois | ||
corporation or other business entity and, when applicable, | ||
evidence of
compliance with the Assumed Business Name Act;
| ||
(3) evidence of financial responsibility in a minimum | ||
amount of $1,000,000
through liability insurance, | ||
self-insurance, group insurance, group
self-insurance, or | ||
risk retention groups that must
include completed | ||
operations and environmental impairment; and
| ||
(4) evidence of compliance with the qualifications and | ||
standards
established by the Office.
| ||
(b) The contractor must possess a license
from the Office | ||
to perform the following
types of activity:
| ||
(1) installation of underground storage tanks;
| ||
(2) repair of USTs, which shall include retrofitting | ||
and installation of
cathodic protection systems;
| ||
(3) decommissioning of USTs including abandonment in | ||
place;
| ||
(4) relining of USTs;
| ||
(5) tank and piping tightness testing;
| ||
(6) testing of cathodic protection systems; and
| ||
(7) any other category established by the Office of the | ||
State Fire
Marshal.
| ||
(c) (Blank). The Office of the Fire Marshal shall adopt | ||
rules
outlining the minimum
amount of training required for | ||
personnel engaged in Underground Storage Tank
activity | ||
regulated under this Act.
| ||
(Source: P.A. 92-618, eff. 7-11-02.)
| ||
(225 ILCS 729/40)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 40. Application. Each application for a license to | ||
practice under
this Act
shall be electronically submitted or in | ||
writing and signed by the applicant on forms provided by the | ||
Office
of the
State Fire Marshal.
| ||
(Source: P.A. 92-618, eff. 7-11-02.)
| ||
(225 ILCS 729/45)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 45. Issuance of license; renewal.
| ||
(a) The State Fire Marshal shall, upon the applicant's | ||
satisfactory
completion
of
the requirements authorized under | ||
this Act, and upon receipt of the requisite
fees, issue
the | ||
appropriate license and wallet card showing the name and | ||
business location
of the
licensee, and the dates of issuance | ||
and expiration, and shall contain a photograph
of the
licensee | ||
provided to the State Fire Marshal.
| ||
(b) Each licensee may apply for renewal of his or her | ||
license upon payment
of the
requisite
fee. The expiration date | ||
and renewal period for each license issued under this
Act shall
| ||
be set by rule. Failure to renew by the expiration date within | ||
60 days of the date shall cause the
license to lapse.
A lapsed | ||
license may not be reinstated until a written application is | ||
filed,
the renewal fee
is paid, and a $50 reinstatement fee is | ||
paid. The renewal and reinstatement
fees shall be
waived for | ||
persons who did not renew while on active duty in the military | ||
and
who file
for renewal or restoration within one year after | ||
discharge from the active duty
service.
| ||
(c) All fees paid pursuant to this Act are non-refundable. | ||
This shall not preclude the State Fire Marshal from refunding | ||
accidental overpayment of fees.
| ||
(Source: P.A. 92-618, eff. 7-11-02.)
| ||
(225 ILCS 729/60)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 60. License renewal; display of license; inspection.
| ||
(a) As a condition of renewal of a license, the State Fire | ||
Marshal may
require
the
licensee to report information | ||
pertaining to his or her practice that the State
Fire
Marshal
| ||
determines to be in the interest of public safety.
| ||
(b) A licensee shall report a change in home or office | ||
address within 10
days.
| ||
(c) Each licensee shall prominently display his or her | ||
license to practice
at
each
place from which the practice is | ||
being performed. If more than one location is
used,
branch | ||
office certificates shall be issued upon payment of the fees to | ||
be
established by
the State Fire Marshal. Each employee shall | ||
carry on his or her person a
wallet card
issued by the State | ||
Fire Marshal.
| ||
(d) If a license or certificate is lost, a duplicate shall | ||
be issued upon
payment of
the required fee to be established by | ||
the State Fire Marshal. If a licensee
wishes to
change his or | ||
her name, the State Fire Marshal shall issue a license in the | ||
new
name
upon
payment of the required fee and upon receipt of | ||
satisfactory proof that the
change was
done in accordance with | ||
law.
| ||
(e) Each licensee shall permit his or her facilities to be | ||
inspected by
representatives of
the Office of the State Fire | ||
Marshal.
| ||
(Source: P.A. 92-618, eff. 7-11-02.)
| ||
Section 90. The Regulatory Sunset Act is amended by | ||
changing Section 4.22 and by adding Section 4.32 as follows:
| ||
(5 ILCS 80/4.22)
| ||
Sec. 4.22. Acts repealed on January 1, 2012. The following
| ||
Acts are repealed on January 1, 2012:
| ||
The Detection of Deception Examiners Act.
| ||
The Home Inspector License Act.
| ||
The Interior Design Title Act.
| ||
The Massage Licensing Act.
| ||
The Petroleum Equipment Contractors Licensing Act.
| ||
The Professional Boxing Act.
| ||
The Real Estate Appraiser Licensing Act of 2002.
| ||
The Water Well and Pump Installation Contractor's License | ||
Act.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(5 ILCS 80/4.32 new) | ||
Sec. 4.32. Act repealed on January 1, 2022. The following | ||
Act is repealed on January 1, 2022: | ||
The Petroleum Equipment Contractors Licensing Act.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||