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91_HB0264ham001
LRB9100633ACtmam01
1 AMENDMENT TO HOUSE BILL 264
2 AMENDMENT NO. ___. Amend House Bill 264, on page 1, line
3 23, by replacing "Section 5" with "Sections 2 and 5"; and
4 on page 1, immediately below line 23, by inserting the
5 following:
6 "(225 ILCS 320/2) (from Ch. 111, par. 1102)
7 Sec. 2. When used in this Act:
8 "Agent" means a person designated by a sponsor as
9 responsible for supervision of an apprentice plumber and who
10 is also an Illinois licensed plumber.
11 "Apprentice plumber" means any licensed person who is
12 learning and performing plumbing under the supervision of a
13 sponsor or his agent in accordance with the provisions of
14 this Act.
15 "Approved apprenticeship program" means an apprenticeship
16 program approved by the U.S. Department of Labor's Bureau of
17 Apprenticeship and Training and the Department under rules.
18 "Board" means the Illinois State Board of Plumbing
19 Examiners.
20 "Building drain" means that part of the lowest horizontal
21 piping of a drainage system that receives the discharge from
22 soil, waste, and other drainage pipes inside the walls of a
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1 building and conveys it to 5 feet beyond the foundation walls
2 where it is connected to the building sewer.
3 "Building sewer" means that part of the horizontal piping
4 of a drainage system that extends from the end of the
5 building drain, receives the discharge of the building drain
6 and conveys it to a public sewer or private sewage disposal
7 system.
8 "Department" means the Illinois Department of Public
9 Health.
10 "Director" means the Director of the Illinois Department
11 of Public Health.
12 "Governmental unit" means a city, village, incorporated
13 town, county, or sanitary or water district.
14 "Lawn sprinkler system" means any irrigation system of
15 lawn, shrubbery and other vegetation from any potable water
16 sources; and from any water sources, whether or not potable,
17 in: (i) any county with a population of 3,000,000 or more;
18 (ii) any county with a population of 275,000 or more which is
19 contiguous in whole or in part to a county with a population
20 of 3,000,000 or more; and (iii) any county with a population
21 of 37,000 or more but less than 150,000 which is contiguous
22 to 2 or more counties with respective populations in excess
23 of 275,000. Such system includes without limitation the water
24 supply piping, valves and sprinkler heads or other irrigation
25 outlets. Lawn sprinkler system does not include an
26 irrigation system used primarily for agricultural purposes.
27 "Person" means any natural person, firm, corporation,
28 partnership, or association.
29 "Plumber" means any licensed person authorized to perform
30 plumbing as defined in this Act, but does not include retired
31 plumbers as defined in this Act.
32 "Plumbing" means the actual installation, repair,
33 maintenance, alteration or extension of a plumbing system by
34 any person.
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1 Plumbing includes all piping, fixtures, appurtenances and
2 appliances for a supply of water for all purposes, including
3 without limitation lawn sprinkler systems, from the source of
4 a private water supply on the premises or from the main in
5 the street, alley or at the curb to, within and about any
6 building or buildings where a person or persons live, work or
7 assemble.
8 Plumbing includes all piping, from discharge of pumping
9 units to and including pressure tanks in water supply
10 systems.
11 Plumbing includes all piping, fixtures, appurtenances,
12 and appliances for a building drain and a sanitary drainage
13 and related ventilation system of any building or buildings
14 where a person or persons live, work or assemble from the
15 point of connection of such building drain to the building
16 sewer or private sewage disposal system 5 feet beyond the
17 foundation walls.
18 Plumbing does not mean or include the trade of
19 drain-laying, the trade of drilling water wells which
20 constitute the sources of private water supplies, and of
21 making connections between such wells and pumping units in
22 the water supply systems of buildings served by such private
23 water supplies, or the business of installing water softening
24 equipment and of maintaining and servicing the same, or the
25 business of manufacturing or selling plumbing fixtures,
26 appliances, equipment or hardware, or to the installation and
27 servicing of electrical equipment sold by a not-for-profit
28 corporation providing electrification on a cooperative basis,
29 that either on or before January 1, 1971, is or has been
30 financed in whole or in part under the federal "Rural
31 Electrification Act of 1936" and the Acts amendatory thereof
32 and supplementary thereto, to its members for use on farms
33 owned by individuals or operated by individuals, nor does it
34 mean or include minor repairs which do not require changes in
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1 the piping to or from plumbing fixtures or involve the
2 removal, replacement, installation or re-installation of any
3 pipe or plumbing fixtures. Plumbing does not include the
4 installation, repair, maintenance, alteration or extension of
5 building sewers.
6 "Plumbing fixtures" means installed receptacles, devices
7 or appliances that are supplied with water or that receive or
8 discharge liquids or liquid borne wastes, with or without
9 discharge into the drainage system with which they may be
10 directly or indirectly connected.
11 "Plumbing system" means the water service, water supply
12 and distribution pipes; plumbing fixtures and traps; soil,
13 waste and vent pipes; building drains; including their
14 respective connections, devices and appurtenances. Plumbing
15 system does not include building sewers as defined in this
16 Act.
17 "Retired plumber" means any licensed plumber in good
18 standing who meets the requirements of this Act and the
19 requirements prescribed by Department rule to be licensed as
20 a retired plumber and voluntarily surrenders his plumber's
21 license to the Department, in exchange for a retired
22 plumber's license. Retired plumbers cannot perform plumbing
23 as defined in this Act, cannot sponsor or supervise
24 apprentice plumbers, and cannot inspect plumbing under this
25 Act. A retired plumber cannot fulfill the requirements of
26 subsection (3) of Section 3 of this Act.
27 "Supervision" with respect to first and second year
28 licensed apprentice plumbers means that such apprentices must
29 perform all designing and planning of plumbing systems and
30 all plumbing as defined in this Act under the direct personal
31 supervision of the sponsor or his or her agent who must also
32 be an Illinois licensed plumber, except for maintenance and
33 repair work on existing plumbing systems done by second year
34 apprentice plumbers; provided that before performing any
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1 maintenance and repair work without such supervision, such
2 apprentice has received the minimum number of hours of annual
3 classroom instruction recommended by the United States
4 Department of Labor's Bureau of Apprenticeship and Training
5 for apprentice plumbers in a Bureau of Apprenticeship and
6 Training approved plumber apprenticeship program or its
7 equivalent. "Supervision" with respect to all other
8 apprentice plumbers means that, except for maintenance and
9 repair work on existing plumbing systems, any plumbing done
10 by such apprentices must be inspected daily, after initial
11 rough-in and after completion by the sponsor or his or her
12 agent who is also an Illinois licensed plumber. In addition,
13 all repair and maintenance work done by a licensed apprentice
14 plumber on an existing plumbing system must be approved by
15 the sponsor or his or her agent who is also an Illinois
16 licensed plumber.
17 "Sponsor" is an Illinois licensed plumber or an approved
18 apprenticeship program that has accepted an individual as an
19 Illinois licensed apprentice plumber for education and
20 training in the field of plumbing and whose name and license
21 number or apprenticeship program number shall appear on the
22 individual's application for an apprentice plumber's license.
23 "Sponsored" means that each Illinois licensed apprentice
24 plumber has been accepted by an Illinois licensed plumber or
25 an approved apprenticeship program for apprenticeship
26 training.
27 "Telecommunications carrier" means a telecommunications
28 carrier as defined in the Public Utilities Act.
29 (Source: P.A. 89-665, eff. 8-14-96.)"; and
30 on page 3, by replacing lines 2 through 32 with the
31 following:
32 "(b.10) In addition to, and not in lieu of, the penalties
33 and remedies provided for in this Section and Sections 19,
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1 20, and 29 of this Act, and after notice and an opportunity
2 for hearing as provided for in this subsection and Section 19
3 of this Act, the Department may issue an Order Of Correction
4 to the telecommunications carrier furnishing service to any
5 telephone number contained in a printed advertisement for
6 plumbing services that is found to be in violation of the
7 provisions of this subsection. The Order of Correction shall
8 be limited to the telephone number contained in the unlawful
9 advertisement. The Order of Correction shall notify the
10 telecommunications carrier to disconnect the telephone
11 service furnished to any telephone number contained in the
12 unlawful advertisement and that subsequent calls to that
13 number shall not be referred by the telecommunications
14 carrier to any new telephone number obtained by or any
15 existing number registered to the person.
16 If, upon investigation, the Department has probable cause
17 to believe that a person has placed an advertisement with a
18 telecommunications carrier that: (i) contains a false license
19 number, (ii) contains a license number of a person other than
20 the person designated under subsection (a), or (iii) is
21 placed or circulated by a person who is not properly licensed
22 under this Act, the Department shall provide notice to the
23 person of the Department's intent to issue an Order of
24 Correction to the telecommunications carrier to disconnect
25 the telephone service furnished to any telephone number
26 contained in the unlawful advertisement, and that subsequent
27 calls to that number shall not be referred by the
28 telecommunications carrier to any new telephone number
29 obtained by or any existing number registered to the person.
30 Notice shall be provided by certified mail or by personal
31 service setting forth the particular reasons for the proposed
32 action and fixing a date, not less than 20 days from the date
33 of the mailing or service, within which time the person must
34 request a hearing in writing. Failure to serve upon the
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1 Department a written request for hearing within the time
2 provided in the notice shall constitute a waiver of the
3 person's right to an administrative hearing. The hearing,
4 findings, and conclusions shall be in accordance with the
5 provisions contained in Section 19 of this Act and the
6 Department's Rules of Practice and Procedure in
7 Administrative Hearings (77 Ill. Admin. Code 100), which are
8 incorporated by reference herein.
9 Upon a finding that the person has violated the
10 provisions of this subsection, the Department shall issue the
11 Order of Correction to the telecommunications carrier. If the
12 telecommunications carrier fails to comply with the Order of
13 Correction within 20 days after the order is final, the
14 Department shall inform the Illinois Commerce Commission of
15 the failure to comply and the Illinois Commerce Commission
16 shall require the telecommunications carrier furnishing
17 services to that person to disconnect the telephone service
18 furnished to the telephone number contained in the unlawful
19 advertisement and direct that subsequent calls to that number
20 shall not be referred by the telecommunications carrier to
21 any new telephone number obtained by or any existing number
22 registered to the person.
23 A person may have his or her telephone services restored,
24 after a an Order of Correction has been issued, upon a
25 showing, to the satisfaction of the Department, that he or
26 she is in compliance with the provisions of this Act.".