[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
91_HB0264
LRB9100633ACsbA
1 AN ACT concerning plumbers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Public Utilities Act is amended by adding
5 Section 13-709 as follows:
6 (220 ILCS 5/13-709 new)
7 Sec. 13-709. Orders of correction.
8 (a) A telecommunications carrier shall comply with
9 orders of correction issued by the Department of Public
10 Health under Section 5 of the Illinois Plumbing License Law.
11 (b) Upon receiving notification from the Department of
12 Public Health that a telecommunications carrier has failed to
13 comply with an order of correction, the Illinois Commerce
14 Commission shall enforce the order.
15 (c) The good faith compliance by a telecommunications
16 carrier with an order of the Department of Public Health or
17 Illinois Commerce Commission to terminate service pursuant to
18 Section 5 of the Illinois Plumbing License Law shall
19 constitute a complete defense to any civil action brought
20 against the telecommunications carrier arising from the
21 termination of service.
22 Section 10. The Illinois Plumbing License Law is amended
23 by changing Section 5 as follows:
24 (225 ILCS 320/5) (from Ch. 111, par. 1104)
25 Sec. 5. Advertising.
26 (a) Persons who advertise plumbing services shall, at
27 their place of business, display the licensed plumber's
28 license of at least one member of the firm, partnership or
29 officer of the corporation and shall maintain a register
-2- LRB9100633ACsbA
1 listing the names and license numbers of all licensed
2 plumbers and all licensed apprentice plumbers currently
3 employed by them. The number of the license so displayed
4 shall also be included with the plumbing identification on
5 vehicles.
6 (b) No person who provides plumbing services may
7 advertise those services unless that person includes in the
8 advertisement the license number that is required to be
9 displayed under subsection (a). Nothing contained in this
10 subsection requires the publisher of advertising for plumbing
11 services to investigate or verify the accuracy of the license
12 number provided by the advertiser.
13 (b.5) Any person who advertises plumbing services (i)
14 who fails to display the license number required by
15 subsection (a) in all manners required by that subsection,
16 (ii) who fails to provide a publisher with the correct number
17 under subsection (b), or (iii) who provides a publisher with
18 a false license number or a license number of a person other
19 than the person designated under subsection (a), or any
20 person who allows his or her license number to be displayed
21 or used in order to allow any other person to circumvent any
22 provisions of this Section is guilty of a Class A misdemeanor
23 with a fine of $1,000, which shall be subject to the
24 enforcement provisions of Section 29 of this Act. Each day
25 that a person fails to display the required license under
26 subsection (a) and each day that an advertisement runs or
27 each day that a person allows his or her license to be
28 displayed or used in violation of this Section constitutes a
29 separate offense.
30 In addition to, and not in lieu of, the penalties and
31 remedies provided for in this Section and Section 29 of this
32 Act, any person licensed under this Act who violates any
33 provision of this Section shall be subject to suspension or
34 revocation of his or her license under Section 19 of this
-3- LRB9100633ACsbA
1 Act.
2 (b.10) In addition to, and not in lieu of, the penalties
3 provided for in this Section and Section 29 of this Act, and
4 after an opportunity for a hearing as provided for in this
5 subsection, the Department may issue an order of correction
6 to the telecommunications carrier furnishing service to any
7 telephone number contained in a printed advertisement for
8 plumbing services which contains a false license number or a
9 license number of a person other than the person designated
10 under subsection (a) or which is placed or circulated by a
11 person who is not properly licensed under this Act. The
12 order of correction shall notify the telecommunications
13 carrier to disconnect the telephone service furnished to the
14 telephone number in the advertisement and that subsequent
15 calls to that number shall not be referred by the
16 telecommunications carrier to any new telephone number
17 obtained by the advertiser. The order of correction issued
18 by the Department is final, unless the advertiser requests a
19 hearing within 10 days after receiving notification that the
20 order has been issued. The Department must provide a hearing
21 within 30 days after receiving the request for a hearing.
22 The Department must inform the advertiser of its decision
23 within 30 days after the hearing. If the advertiser is found
24 to have violated this subsection, a final order of correction
25 shall be sent to the telecommunications carrier. If the
26 telecommunications carrier fails to comply with the order of
27 correction after the order is final, the Department shall
28 inform the Illinois Commerce Commission of the failure to
29 comply, and the Illinois Commerce Commission shall require
30 the telecommunications carrier furnishing services to that
31 person to disconnect the telephone service furnished to the
32 telephone number contained in the advertisement.
33 (c) The Department may require by rule and regulation
34 additional information concerning licensed plumbers and
-4- LRB9100633ACsbA
1 licensed apprentice plumbers maintained in the register. The
2 Department shall have the right to examine the payroll
3 records of such persons to determine compliance with this
4 provision. The Department's right to examine payroll records
5 is limited solely to those records and does not extend to any
6 other business records.
7 (Source: P.A. 87-593; 88-501.)
8 Section 99. Effective date. This Act takes effect on
9 January 1, 2000.