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91_HB3172
LRB9111234ACtm
1 AN ACT creating the Petroleum Equipment Contractors
2 Licensing Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Petroleum Equipment Contractors Licensing Act.
7 Section 5. Definitions. For the purposes of this Act:
8 "Board" means the Petroleum Equipment Contractors
9 Advisory Board.
10 "Employee" means a licensee or a person who is currently
11 employed by a contractor licensed under this Act whose full
12 or part-time duties include installing, repairing, or
13 removing underground storage tanks.
14 "Person" means a natural person or any company,
15 corporation or other business entity.
16 "Petroleum equipment contractor" means a person, company
17 or corporation that installs, repairs, or removes underground
18 storage tanks.
19 Section 10. Licensure requirement; injunction.
20 Beginning 6 months after the effective date of this Act, no
21 person, firm, association, or corporation shall act as a
22 petroleum equipment contractor or employee, advertise or
23 assume to act as a petroleum equipment contractor or
24 employee, or use any title implying that the person, firm,
25 association, or corporation is engaged in such practice or
26 occupation, unless licensed by the State Fire Marshal.
27 The State Fire Marshal, in the name of the People,
28 through the Attorney General, the State's Attorney of any
29 county, any resident of the State, or any legal entity within
30 the State may apply for injunctive relief in any court to
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1 enjoin any person who has not been issued a license or whose
2 license has been suspended, revoked, or not renewed, from
3 practicing as a petroleum equipment contractor, and, upon the
4 filing of a verified petition, the court, if satisfied by
5 affidavit or otherwise that the person is or has been
6 practicing in violation of this Act, may enter a temporary
7 restraining order or preliminary injunction, without bond,
8 enjoining the defendant from further activity. A copy of the
9 verified complaint shall be served upon the defendant and the
10 proceedings shall thereafter be conducted as in other civil
11 cases. If it is established that the defendant has been, or
12 is practicing in violation of this Act, the court may enter a
13 judgment perpetually enjoining the defendant from such
14 further activity. In the case of violation of any injunctive
15 order or judgment entered under the provisions of this
16 Section, the court may summarily try and punish the offender
17 for contempt of court. Such injunctive proceeding shall be
18 in addition to all penalties and other remedies in this Act.
19 Section 15. Deposit of fees. All fees collected
20 pursuant to this Act shall be deposited into the Fire
21 Prevention Fund.
22 Section 20. Petroleum Equipment Contractors Advisory
23 Board. There is created the Petroleum Equipment Contractors
24 Advisory Board consisting of 5 members to be appointed by the
25 State Fire Marshal, one of whom represents of the Illinois
26 Petroleum Council, one of whom represents the Illinois
27 Petroleum Marketers Association, one of whom represents the
28 Illinois Chemical Industry Council, and 2 of whom represent
29 the Illinois Petroleum Equipment Contractors Association.
30 The State Fire Marshal shall be an ex officio member of the
31 Board. Each member shall be a resident of Illinois. In
32 making Board appointments, the State Fire Marshal shall give
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1 consideration to the recommendations by members of the
2 profession and by organizations therein. The membership
3 shall reasonably reflect representation from geographic areas
4 in this State.
5 Board members shall serve 4-year terms and may serve
6 until their successors are appointed and qualified. However,
7 in making initial appointments, 2 members shall be appointed
8 to serve for 2 years, 2 members shall be appointed to serve
9 for 3 years, and one member shall be appointed to serve for 4
10 years. Appointments to fill vacancies shall be made in the
11 same manner as original appointments for the unexpired
12 portion of the vacated term.
13 A member of the Board may be removed from office for just
14 cause. A member subject to formal disciplinary proceedings
15 shall disqualify himself from Board business until the charge
16 is resolved. A member also shall disqualify himself from any
17 matter on which the member may not objectively make a
18 decision.
19 Board members shall receive no compensation but shall be
20 reimbursed for expenses incurred in connection with their
21 duties as board members.
22 A majority of Board members then appointed shall
23 constitute a quorum. A majority vote of the quorum is
24 required for a Board decision.
25 The Board shall elect from its membership a chairman and
26 other officers as it may deem necessary.
27 Board members shall not be liable for any of their acts,
28 omissions, decisions, or any other conduct in connection with
29 their duties on the Board, except those involving willful,
30 wanton, or intentional misconduct.
31 The Board may have such powers as may be granted by the
32 State Fire Marshal to carry out the provisions of this Act.
33 Section 25. Rules; report.
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1 (a) The State Fire Marshal shall promulgate rules
2 consistent with the provisions of this Act for the
3 administration and enforcement thereof and may prescribe
4 forms that shall be issued in connection therewith. The
5 rules shall include standards and criteria for registration,
6 professional conduct, and discipline. The State Fire Marshal
7 shall consult with the Board in promulgating all rules under
8 this Act.
9 (b) The Board shall propose to the State Fire Marshal
10 additions or modifications to administrative rules whenever a
11 majority of the members believes such rules are deficient for
12 the proper administration of this Act.
13 (c) The State Fire Marshal may solicit the advice and
14 expert knowledge of the Board on any matter relating to the
15 administration and enforcement of this Act.
16 (d) The State Fire Marshal may provide by rule for an
17 examination to be completed by applicants for a petroleum
18 equipment contractors license.
19 (e) The State Fire Marshal shall issue to the Board
20 prior to each Board meeting, but not less than quarterly, a
21 report of the status of all convictions related to the
22 profession received by the State Fire Marshal.
23 Section 30. Investigators. The State Fire Marshal may
24 employ, in conformity with the Personnel Code, such
25 professional, technical, investigative, or clerical help as
26 may be necessary for the enforcement of this Act. Each
27 investigator shall have a minimum of 2 years investigative
28 experience out of the preceding 5 years.
29 An investigator may not hold an active license issued
30 pursuant to this Act or have any fiduciary interest in any
31 business licensed under this Act. This prohibition however
32 does not prohibit the investigator from holding stock in a
33 publicly traded business licensed or regulated under this
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1 Act, provided that the investigator does not hold more than
2 5% of the stock of the business.
3 Section 35. Qualifications for licensure. In order to
4 qualify for a petroleum equipment contractor license, the
5 applicant must provide the following to the Office of the
6 State Fire Marshal:
7 (1) an annual license fee of $100;
8 (2) evidence of registration as an Illinois
9 corporation or evidence of compliance with the Assumed
10 Business Name Act;
11 (3) evidence of financial responsibility in a
12 minimum amount of $300,000 through liability insurance,
13 self-insurance, group insurance, group self-insurance, or
14 risk retention groups;
15 (4) evidence of owning, leasing, renting, or having
16 access to proper testing equipment that is in compliance
17 with the standards adopted by the State Fire Marshal for
18 the maintenance and operation of such testing tools; and
19 (5) evidence of compliance with all other
20 requirements, as determined by the Office of the State
21 Fire Marshal.
22 Section 40. Application. Each application for a license
23 to practice under this Act shall be in writing and signed by
24 the applicant on forms provided by the Office of the State
25 Fire Marshal.
26 Section 45. Issuance of license; renewal.
27 (a) The State Fire Marshal shall, upon the applicant's
28 satisfactory completion of the requirements authorized under
29 this Act, and upon receipt of the requisite fees, issue the
30 appropriate license and wallet card showing the name and
31 business location of the licensee, the dates of issuance and
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1 expiration, and shall contain a photograph of the licensee
2 provided to the State Fire Marshal.
3 (b) Each licensee may apply for renewal of his license
4 upon payment of the $200 fee. The expiration date and
5 renewal period for each license issued under this Act shall
6 be set by rule. Failure to renew within 60 days of the date
7 shall cause the license to lapse. A lapsed license may not be
8 reinstated until a written application is filed, the renewal
9 fee is paid, and a $50 reinstatement fee is paid. The
10 renewal and reinstatement fees shall be waived for persons
11 who did not renew while on active duty in the military and
12 who file for renewal or restoration within one year after
13 discharge from such service.
14 (c) All fees paid pursuant to this Act are
15 non-refundable.
16 Section 50. Returned checks. Any person who on 2
17 occasions issues or delivers a check or other order to the
18 State Fire Marshal that is not honored by the financial
19 institution upon which it is drawn because of insufficient
20 funds on his or her account, shall pay to the State Fire
21 Marshal, in addition to the amount owing upon the check or
22 other order, a fee of $50. If the check or other order was
23 issued or delivered in payment of a renewal fee and the
24 licensee whose license has lapsed continues to practice
25 without paying the renewal fee and the $50 fee required under
26 this Section, an additional fee of $100 shall be imposed for
27 practicing without a current license. The State Fire Marshal
28 shall notify the licensee whose license has lapsed within 30
29 days after the discovery by the State Fire Marshal that the
30 licensee is practicing without a current license, that the
31 person is acting as a petroleum equipment contractor or
32 employee, as the case may be, without a license, and the
33 amount due to the State Fire Marshal, which shall include the
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1 lapsed renewal fee and all other fees required by this
2 Section. If after the expiration of 30 days from the date of
3 such notification, the licensee whose license has lapsed
4 seeks a current license, he shall thereafter apply to the
5 State Fire Marshal for reinstatement of the license and pay
6 all fees due to the State Fire Marshal. The State Fire
7 Marshal may establish a fee for the processing of an
8 application for reinstatement of a license that allows the
9 State Fire Marshal to pay all costs and expenses incident to
10 the processing of this application. The State Fire Marshal
11 may waive the fees due under this Section in individual cases
12 where he finds that such fees would be unreasonable or
13 unnecessarily burdensome.
14 Section 55. Physical examination. The State Fire
15 Marshal may order a licensee to submit to a reasonable
16 physical examination if his physical capacity to practice
17 safely is at issue in a disciplinary proceeding. Failure to
18 comply with a State Fire Marshal order to submit to a
19 physical examination shall be grounds for summary suspension.
20 Section 60. License renewal; display of license;
21 inspection.
22 (a) As a condition of renewal of a license, the State
23 Fire Marshal may require the licensee to report information
24 pertaining to his practice that the State Fire Marshal
25 determines to be in the interest of public safety.
26 (b) A licensee shall report a change in home or office
27 address within 10 days.
28 (c) Each licensee shall prominently display his or her
29 license to practice at each place from which the practice is
30 being performed. If more than one location is used, branch
31 office certificates shall be issued upon payment of the fees
32 to be established by the State Fire Marshal. Each employee
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1 shall carry on his person a wallet card issued by the State
2 Fire Marshal.
3 (d) If a license or certificate is lost, a duplicate
4 shall be issued upon payment of the required fee to be
5 established by the State Fire Marshal. If a licensee wishes
6 to change his name, the State Fire Marshal shall issue a
7 license in the new name upon payment of the required fee and
8 upon receipt of satisfactory proof that such change was done
9 in accordance with law.
10 (e) Each licensee shall permit his facilities to be
11 inspected by representatives of the Office of the State Fire
12 Marshal.
13 Section 65. Disciplinary actions. Licensees shall be
14 subject to disciplinary action for any of the following:
15 (1) fraud or material deception in obtaining or
16 renewing a license;
17 (2) professional incompetence as manifested by poor
18 standards of service;
19 (3) engaging in dishonorable, unethical, or
20 unprofessional conduct of a character likely to deceive,
21 defraud, or harm the public in the course of professional
22 services or activities;
23 (4) conviction of a crime that has a substantial
24 relationship to his practice or an essential element of
25 which is misstatement, fraud, or dishonesty, conviction
26 in this or another state of any crime which is a felony
27 under the laws of Illinois, or conviction of a felony in
28 a federal court, unless the licensee demonstrates that he
29 has been sufficiently rehabilitated to warrant the public
30 trust;
31 (5) performing any services in a grossly negligent
32 manner or permitting any licensed employees to perform
33 services in a grossly negligent manner, regardless of
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1 whether actual damage or damage to the public is
2 established;
3 (6) habitual drunkenness or habitual addiction to
4 the use of morphine, cocaine, controlled substances, or
5 other habit-forming drugs;
6 (7) willfully receiving compensation, directly or
7 indirectly, for any professional services not actually
8 rendered;
9 (8) having disciplinary action taken against his or
10 her license in another state;
11 (9) contracting or assisting unlicensed persons to
12 perform services for which a license is required under
13 this Act;
14 (10) permitting the use of his or her license to
15 enable any unlicensed person or agency to operate as a
16 licensee;
17 (11) performing and charging for services without
18 having authorization to do so from the member of the
19 public being served;
20 (12) failure to comply with any provision of this
21 Act or the rules promulgated pursuant thereto.
22 Section 70. Complaints. All complaints concerning
23 violations regarding licensees or unlicensed activity shall
24 be received and logged by the State Fire Marshal and reported
25 to the Board.
26 Section 75. Formal charges; hearings.
27 (a) Following the investigative process, the State Fire
28 Marshal may file formal charges against the licensee. Such
29 formal charges shall, at a minimum, inform the licensee of
30 the facts that comprise the basis of the charge and that are
31 specific enough to enable the licensee to defend himself.
32 (b) Each licensee whose conduct is the subject of a
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1 formal charge that seeks to impose disciplinary action
2 against the licensee shall be served notice of the formal
3 charge at least 30 days before the date of the hearing, which
4 shall be presided over by a hearing officer authorized by the
5 State Fire Marshal. Service shall be considered to have been
6 given if the notice was personally received by the licensee
7 or if the notice was sent by certified mail, return receipt
8 requested, to the licensee at the licensee's last known
9 address as listed with the State Fire Marshal.
10 (c) The notice of formal charges shall inform the
11 licensee (i) of the time, date, and place of the hearing,
12 (ii) that the licensee shall appear personally at the hearing
13 and may be represented by counsel, (iii) that the licensee
14 shall have the right to produce witnesses and evidence in his
15 behalf and shall have the right to cross-examine witnesses
16 and examine evidence produced against him, (iv) that the
17 hearing could result in disciplinary action being taken
18 against his or her license; (v) that rules for the conduct of
19 these hearings exist and it may be in the licensee's best
20 interest to obtain a copy, (vi) that a hearing officer
21 authorized by the State Fire Marshal shall preside at the
22 hearing and following the conclusion of the hearing shall
23 make findings of fact, conclusions of law, and
24 recommendations to the State Fire Marshal as to what
25 disciplinary action, if any, should be imposed on the
26 licensee, and (vii) that the State Fire Marshal may continue
27 the hearing.
28 (d) The hearing officer authorized by the State Fire
29 Marshal shall hear evidence produced in support of the formal
30 charges and contrary evidence produced by the licensee, if
31 any. At the conclusion of the hearing, the hearing officer
32 shall make findings of fact, conclusions of law, and
33 recommendations and submit them to the State Fire Marshal and
34 to all parties to the proceeding. Submission to the licensee
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1 shall be considered as having been made if done in a similar
2 fashion as service of the notice of formal charges. Within
3 20 days after such service, any party to the proceeding may
4 present to the State Fire Marshal a motion, in writing, for a
5 rehearing that specifies the grounds for rehearing.
6 (e) The State Fire Marshal, following the time allowed
7 for filing a motion for rehearing, shall review the hearing
8 officer's findings of fact, conclusions of law, and
9 recommendations and any motions filed subsequent thereto.
10 After review of this information, the State Fire Marshal may
11 hear oral arguments and thereafter shall issue an order. The
12 report of findings of fact, conclusions of law, and
13 recommendations of the hearing officer shall be the basis for
14 the State Fire Marshal's order.
15 If the State Fire Marshal finds that substantial justice
16 was not done, he may issue an order in contravention to the
17 findings of fact, conclusions of law, and recommendations of
18 the hearing officer. The State Fire Marshal shall provide
19 the Board with written explanation of any such deviation, and
20 shall specify with particularity the reasons for the action.
21 The finding is not admissible in evidence against the person
22 in a criminal prosecution brought for the violation of this
23 Act.
24 (f) All proceedings pursuant to this Section are matters
25 of public record and shall be preserved.
26 Section 80. Sanctions.
27 (a) The State Fire Marshal shall impose any of the
28 following sanctions, singly or in combination, when it finds
29 that a licensee is guilty of any offense described in Section
30 65:
31 (1) revocation;
32 (2) suspension for any period of time;
33 (3) reprimand or censure;
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1 (4) placement on probationary status and
2 requirement that the licensee submit of any of the
3 following:
4 (A) report regularly to the Board or State
5 Fire Marshal upon matters which are the basis of the
6 probation;
7 (B) continue or renew professional education
8 until a satisfactory degree of skill has been
9 attained in those areas which are the basis of the
10 probation; or
11 (C) such other reasonable requirements or
12 restrictions as are proper;
13 (5) refusal to issue, renew, or restore;
14 (6) revocation of probation which has been granted
15 and imposition of any other discipline in this subsection
16 (a) when the requirements of probation have not been
17 fulfilled or have been violated.
18 (b) The State Fire Marshal may summarily suspend a
19 license under this Act, without a hearing, simultaneously
20 with the filing of a formal complaint and notice for a
21 hearing, if the State Fire Marshal finds that the continued
22 operations of the individual would constitute an immediate
23 danger to the public. In the event the State Fire Marshal
24 suspends a license under this subsection, a hearing by the
25 hearing officer designated by the State Fire Marshal shall
26 begin within 20 days after such suspension begins, unless
27 continued at the request of the licensee.
28 (c) Disposition may be made of any formal complaint by
29 consent order between the State Fire Marshal and the
30 licensee, but the Board must be apprised of the full consent
31 order in a timely way.
32 (d) The State Fire Marshal shall reinstate any license
33 to good standing under this Act, upon recommendation to the
34 State Fire Marshal, after a hearing before the hearing
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1 officer authorized by the State Fire Marshal. The State Fire
2 Marshal shall be satisfied that the applicant's renewed
3 practice is not contrary to the public interest.
4 (e) The State Fire Marshal may conduct hearings and
5 issue cease and desist orders to persons who engage in
6 activities prohibited by this Act without having a valid
7 license, certificate, or registration. Any person in
8 violation of a cease and desist order entered by the State
9 Fire Marshal shall be subject to all of the remedies provided
10 by law and, in addition, shall be subject to a civil penalty
11 payable to the party injured by the violation.
12 (f) The State Fire Marshal shall seek to achieve
13 consistency in the application of the foregoing sanctions and
14 consent orders and significant departure from prior decisions
15 involving similar conduct shall be explained in the State
16 Fire Marshal's orders.
17 (g) Upon the suspension or revocation of a license
18 issued under this Act, a licensee shall surrender the license
19 to the State Fire Marshal and, upon failure to do so, the
20 State Fire Marshal shall seize the same.
21 (h) The State Fire Marshal may refuse to issue or may
22 suspend the license of any person who fails to file a return,
23 or to pay the tax, penalty or interest shown in a filed
24 return, or to pay any final assessment of tax, penalty or
25 interest, as required by any tax Act administered by the
26 Illinois Department of Revenue, until such time as the
27 requirements of any such tax Act are satisfied.
28 Section 85. Depositions; witnesses; judicial review.
29 (a) The State Fire Marshal has the power to subpoena and
30 bring before it any person in this State and to take
31 testimony either orally or by deposition, or both, with the
32 same fees and mileage and in the same manner as is prescribed
33 by law for judicial proceedings in civil cases. The State
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1 Fire Marshal and the hearing officer approved by the State
2 Fire Marshal have the power to administer oaths at any
3 hearing that the State Fire Marshal is authorized to conduct.
4 (b) A circuit court, upon the application of the
5 licensee or the State Fire Marshal, may order the attendance
6 of witnesses and the production of relevant books and papers
7 in any hearing pursuant to this Act. The court may compel
8 obedience to its order by proceedings for contempt.
9 (c) The State Fire Marshal, at its expense, shall
10 provide a stenographer or a mechanical recording device to
11 record the testimony and preserve a record of all proceedings
12 at the hearing of any case wherein a license may be revoked,
13 suspended, placed on probationary status, or other
14 disciplinary action taken with regard thereto. The notice of
15 hearing, complaint and all other documents in the nature of
16 pleadings and written motions filed in the proceedings, the
17 transcript of testimony, the report of the hearing officer,
18 and the orders of the State Fire Marshal constitute the
19 record of such proceedings. The State Fire Marshal shall
20 furnish a transcript of the record to any interested person
21 upon payment of the costs of copying and transmitting the
22 record.
23 (d) All final administrative decisions of the State Fire
24 Marshal are subject to judicial review pursuant to the
25 provisions of the Administrative Review Law and the rules
26 adopted pursuant thereto. Proceedings for judicial review
27 shall be commenced in the Circuit Court of the county in
28 which the party applying for review resides. If party
29 applying for review is not a resident of Illinois, the venue
30 shall be in Sangamon County. The State Fire Marshal shall not
31 be required to certify any record to the court or file any
32 answer in court or otherwise appear in any court in a
33 judicial review proceeding, unless there is filed in the
34 court with the complaint a receipt from the State Fire
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1 Marshal acknowledging payment of the costs of furnishing and
2 certifying the record, which costs shall be computed at the
3 cost of preparing such record. Exhibits shall be certified
4 without cost. Failure on the part of the licensee to file
5 the receipt in court shall be grounds for dismissal of the
6 action.
7 During all judicial proceedings incident to disciplinary
8 action, the sanctions imposed upon the accused by the State
9 Fire Marshal shall remain in effect, unless the court feels
10 justice requires a stay of the Order.
11 Section 90. Order; prima facie proof. An order or a
12 certified copy thereof, over the seal of the State Fire
13 Marshal and purporting to be signed by the State Fire
14 Marshal, is prima facie proof that:
15 (1) the signature is that of the State Fire
16 Marshal;
17 (2) the State Fire Marshal is qualified to act; and
18 (3) the hearing officer is qualified to act on
19 behalf of the State Fire Marshal.
20 Such proof may be rebutted.
21 Section 95. Publication of records. The State Fire
22 Marshal shall, upon request, publish a list of the names and
23 addresses of all licensees under the provisions of this Act.
24 The State Fire Marshal shall publish an annual list of all
25 persons whose licenses have been disciplined within the prior
26 year and a quarterly list of each individual who was denied
27 employment status because of a criminal history, together
28 with such other information as it may deem of interest to
29 the public.
30 Section 100. Criminal penalties. A person who violates
31 any of the provisions of this Act shall be guilty of a Class
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1 A misdemeanor for the first offense and shall be guilty of a
2 Class 4 felony for a second or subsequent offense.
3 Section 105. Home rule. The regulation and licensing of
4 petroleum equipment contractors are exclusive powers and
5 functions of the State. A home rule unit may not regulate or
6 license petroleum equipment contractors. This Section is a
7 denial and limitation of home rule powers and functions under
8 subsection (h) of Section 6 of Article VII of the Illinois
9 Constitution.
10 Section 900. The Regulatory Sunset Act is amended by
11 adding Section 4.21 as follows:
12 (5 ILCS 80/4.21 new)
13 Sec. 4.21. Act repealed on January 1, 2011. The
14 following Act is repealed on January 1, 2011:
15 The Petroleum Equipment Contractors Licensing Act.
16 Section 999. Effective date. This Act takes effect upon
17 becoming law.