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91_HB0754ham001
LRB9103312ACcdam01
1 AMENDMENT TO HOUSE BILL 754
2 AMENDMENT NO. . Amend House Bill 754, on page 1,
3 immediately below line 5, by inserting the following:
4 "Section 5. Legislative purpose. It is hereby declared
5 to be the policy of this State that in order to ensure the
6 safety of buildings in which the citizens of this State work,
7 conduct business, or spend their leisure time, the practice
8 of building inspection is a matter affecting the public
9 interest and a building inspector who works on behalf of any
10 unit of local government as defined in Article VII of the
11 Illinois Constitution must be licensed as provided.
12 Section 10. Definitions. As used in this Act:
13 "Board" means the Building Inspector Board.
14 "Building" means any structure subject to inspection
15 under any local statute, regulation, ordinance, or rule.
16 "Building inspector" means a person employed by any unit
17 of local government to inspect the safety, structure, or any
18 other physical aspect of a building in its jurisdiction as
19 provided for by local statute, regulation, ordinance, or
20 rule.
21 "Department" means the Department of Professional
22 Regulation.
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1 "Director" means the Director of Professional Regulation.
2 "Licensure" means the act of obtaining or holding a
3 license issued by the Department as provided in this Act.
4 "Unit of local government" is defined as in Section 1 of
5 Article VII of the Illinois Constitution.
6 Section 15. Display of license number.
7 (a) Each State licensed building inspector shall affix
8 the license number of his or her license to all inspection
9 reports and related documents.
10 (b) Every holder of a license shall display it in a
11 conspicuous place in his or her principal office or place of
12 employment.
13 (c) A person who knowingly fails to display the license
14 number in any manner required by this Section is guilty of a
15 Class A misdemeanor with a fine of $1,000, and, in addition,
16 is subject to the administrative enforcement provisions of
17 this Act.
18 Section 20. Expiration of license.
19 (1) Licenses shall expire biennially at midnight on June
20 30 of each odd-numbered year.
21 (2) Failure to renew the license prior to the expiration
22 thereof shall cause the license to become nonrenewed and it
23 shall be unlawful thereafter for the licensee to practice,
24 offer to practice, or hold himself or herself out as
25 practicing as a building inspector under the license unless
26 and until the license is restored or reissued as defined by
27 rule.
28 Section 30. Public records.
29 (1) All information required by the Department of any
30 applicant for licensure shall be a public record, except
31 financial information.
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1 (2) If a licensee changes his or her name style, address
2 or employment from that which appears on his or her current
3 license, he or she shall notify the Department of the change
4 within 30 days after it occurs.
5 (3) All public records of the Department, when duly
6 certified by the Director, shall be received as prima facie
7 evidence in any State administrative or judicial proceedings.
8 Section 35. Licensure requirement.
9 (1) It is unlawful for any person to practice or act in
10 the capacity of or hold himself or herself out in any manner
11 as a building inspector without having been duly licensed
12 under the provisions of this Act.
13 (2) This Act shall not apply to any person privately
14 employed who inspects homes as part of a real estate
15 transaction.
16 Section 40. Grounds for disciplinary action. The
17 Department may refuse to issue or to renew, or may revoke,
18 suspend, place on probation, reprimand or take other
19 disciplinary action as the Department may deem proper,
20 including fines not to exceed $1,000 for each violation, with
21 regard to any license for any one or combination of the
22 following causes:
23 (a) filing a false or frivolous building inspection
24 report;
25 (b) issuing a false or frivolous building
26 inspection report;
27 (c) violation of this Act or its rules;
28 (d) conviction of any crime under the laws of any
29 U.S. jurisdiction which is a felony or which is a
30 misdemeanor, an essential element of which is dishonesty,
31 or of any crime which directly relates to the practice of
32 the profession;
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1 (e) making any misrepresentation for the purpose of
2 obtaining a license;
3 (f) professional incompetence or gross negligence
4 in the practice of roofing contracting;
5 (g) gross malpractice, prima facie evidence of
6 which may be a conviction or judgment of malpractice in
7 any court of competent jurisdiction;
8 (h) aiding or assisting another person in violating
9 any provision of this Act or rules;
10 (i) failing, within 60 days, to provide information
11 in response to a written request made by the Department
12 which has been sent by certified or registered mail to
13 the licensee's last known address;
14 (j) engaging in dishonorable, unethical, or
15 unprofessional conduct of a character likely to deceive,
16 defraud, or harm the public;
17 (k) habitual or excessive use or addiction to
18 alcohol, narcotics, stimulants or any other chemical
19 agent or drug which results in the inability to practice
20 with reasonable judgment, skill, or safety;
21 (l) discipline by another U.S. jurisdiction or
22 foreign nation, if at least one of the grounds for the
23 discipline is the same or substantially equivalent to
24 those set forth in this Section;
25 (m) directly or indirectly giving to or receiving
26 from any person, firm, corporation, partnership, or
27 association any fee, commission, rebate, or other form of
28 compensation for any professional services not actually
29 or personally rendered;
30 (n) a finding by the Department that the licensee,
31 after having his or her license placed on probationary
32 status has violated the terms of probation;
33 (o) conviction by any court of competent
34 jurisdiction, either within or without this State, of any
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1 violation of any law governing building inspection, if
2 the Department determines, after investigation, that the
3 person has not been sufficiently rehabilitated to warrant
4 the public trust;
5 (p) a finding that licensure has been applied for
6 or obtained by fraudulent means;
7 (q) practicing, attempting to practice, or
8 advertising under a name other than the full name as
9 shown on the license or any other legally authorized
10 name;
11 (r) gross and willful overcharging for professional
12 services including filing false statements for collection
13 of fees or monies for which services are not rendered;
14 (s) failure to file a return, or to pay the tax,
15 penalty or interest shown in a filed return, or to pay
16 any final assessment of tax, penalty or interest, as
17 required by any tax Act administered by the Illinois
18 Department of Revenue, until the requirements of the tax
19 Act are satisfied;
20 (t) the Department shall deny any license or
21 renewal under this Act to any person who has defaulted on
22 an educational loan guaranteed by the Illinois State
23 Scholarship Commission; however, the Department may issue
24 a license or renewal if the person in default has
25 established a satisfactory repayment record as determined
26 by the Illinois State Scholarship Commission;
27 (u) failure to continue to meet the requirements of
28 this Act shall be deemed a violation;
29 (v) physical or mental disability, including
30 deterioration through the aging process or loss of
31 abilities and skills that result in an inability to
32 practice the profession with reasonable judgment, skill,
33 or safety;
34 (w) material misstatement in furnishing information
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1 to the Department or to any other State agency;
2 (x) the determination by a court that a licensee is
3 subject to involuntary admission or judicial admission as
4 provided in the Mental Health and Developmental
5 Disabilities Code will result in an automatic suspension
6 of his or her license. The suspension will end upon a
7 finding by a court that the licensee is no longer subject
8 to involuntary admission or judicial admission, the
9 issuance of an order so finding and discharging the
10 patient, and the recommendation of the Board to the
11 Director that the licensee be allowed to resume
12 professional practice;
13 (y) advertising in any manner that is false,
14 misleading, or deceptive.
15 Section 45. Temporary suspension. The Director may
16 temporarily suspend the license of a building inspector
17 without a hearing, simultaneously with the institution of
18 proceedings for a hearing provided for in this Act, if the
19 Director finds that evidence in his or her possession
20 indicates that continuation in practice would constitute an
21 imminent danger to the public. In the event that the Director
22 temporarily suspends a license without a hearing, a hearing
23 by the Department shall be held within 30 days after the
24 suspension has occurred.
25 Section 50. Returned checks; fines. Any person who
26 delivers a check or other payment to the Department that is
27 returned to the Department unpaid by the financial
28 institution upon which it is drawn shall pay to the
29 Department, in addition to the amount already owed to the
30 Department, a fine of $50. If the check or other payment was
31 for a renewal or issuance fee and that person practices
32 without paying the renewal fee or issuance fee and the fine
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1 due, an additional fine of $100 shall be imposed. The fines
2 imposed by this Section are in addition to any other
3 discipline provided under this Act for unlicensed practice or
4 practice on a nonrenewed license. The Department shall notify
5 the person that payment of fees and fines shall be paid to
6 the Department by certified check or money order within 30
7 calendar days of the notification. If, after the expiration
8 of 30 days from the date of the notification, the person has
9 failed to submit the necessary remittance, the Department
10 shall automatically terminate the license or deny the
11 application, without hearing. If, after termination or
12 denial, the person seeks a license, he or she shall apply to
13 the Department for restoration or issuance of the license and
14 pay all fees and fines due to the Department. The Department
15 may establish a fee for the processing of an application for
16 restoration of a license to pay all expenses of processing
17 this application. The Director may waive the fines due under
18 this Section in individual cases where the Director finds
19 that the fines would be unreasonable or unnecessarily
20 burdensome.
21 Section 55. Investigation; notice; default. The
22 Department may investigate the actions of any applicant or
23 any person or persons holding or claiming to hold a license.
24 The Department shall, before suspending, revoking, placing on
25 probationary status, or taking any other disciplinary action
26 as the Department may deem proper with regard to any license,
27 at least 30 days prior to the date set for the hearing,
28 notify the accused in writing of any charges made and the
29 time and place for a hearing on the charges before the
30 hearing officer, direct him or her to file his written answer
31 with the hearing officer under oath within 30 days after the
32 service on him or her of such notice, and inform him or her
33 that if he or she fails to file such answer default will be
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1 taken against him or her and his or her license may be
2 suspended, revoked, placed on probationary status, or other
3 disciplinary action, including limiting the scope, nature or
4 extent of his or her practice, as the Department may deem
5 proper, taken. This written notice may be served by personal
6 delivery or certified or registered mail to the Department.
7 In case the person fails to file an answer after receiving
8 notice, his or her license may, in the discretion of the
9 Department, be suspended, revoked, or placed on probationary
10 status, or the Department may take whatever disciplinary
11 action deemed proper, including limiting the scope, nature,
12 or extent of the person's practice or the imposition of a
13 fine, without a hearing, if the act or acts charged
14 constitute sufficient grounds for such action under this Act.
15 At the time and place fixed in the notice, the Department
16 shall proceed to hear the charges and the parties or their
17 counsel shall be accorded ample opportunity to present such
18 statements, testimony, evidence and argument as may be
19 pertinent to the charges or to their defense. The Department
20 may continue such hearing from time to time. At the
21 discretion of the Director after having first received the
22 recommendation of the hearing officer, the accused person's
23 license may be suspended, revoked, placed on probationary
24 status, or other disciplinary action may be taken as the
25 Director may deem proper, including limiting the scope,
26 nature, or extent of said person's practice without a
27 hearing, if the act or acts charged constitute sufficient
28 grounds for such action under this Act.
29 Section 60. Enforcement; petition to court.
30 (1) If any person violates the provisions of this Act,
31 the Director through the Attorney General of Illinois, or the
32 State's Attorney of any county in which a violation is
33 alleged to exist, may in the name of the People of the State
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1 of Illinois petition for an order enjoining such violation or
2 for an order enforcing compliance with this Act. Upon the
3 filing of a verified petition in court, the court may issue a
4 temporary restraining order, without notice or bond, and may
5 preliminarily and permanently enjoin such violation, and if
6 it is established that the person has violated or is
7 violating the injunction, the Court may punish the offender
8 for contempt of court.
9 (2) If any person shall practice as a licensee or hold
10 himself or herself out as a licensee without being licensed
11 under the provisions of this Act, then any person licensed
12 under this Act, any interested party or any person injured
13 thereby may, in addition to those officers identified in
14 subsection (1) of this Section, petition for relief as
15 provided therein.
16 (3) Proceedings under this Section shall be in addition
17 to, and not in lieu of, all other remedies and penalties
18 which may be provided by law.
19 Section 65. Administration of Act. The Department may
20 promulgate any rules necessary for the administration and
21 enforcement of this Act.
22 Section 95. Amends the Regulatory Sunset Act by adding
23 Section 4.20 as follows:
24 (5 ILCS 80/4.20 new)
25 Sec. 4.20. Act repealed on January 1, 2010. The
26 following Act is repealed on January 1, 2010.
27 The Building Inspectors Licensure Act.".