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92_HB2148ham001 LRB9204190LBgcam01 1 AMENDMENT TO HOUSE BILL 2148 2 AMENDMENT NO. . Amend House Bill 2148 as follows: 3 on page 1, by replacing line 5 with "by changing Sections 1, 4 2, 3, 8, 20, 29.5, and 30 and by adding"; and 5 on page 2, line 1, before "plumbing", by inserting 6 "registration of"; and 7 on page 5, line 9, by replacing "licensed" with "registered"; 8 and 9 on page 8, line 24, by replacing "may" with "mayto"; and 10 on page 11, line 31, by replacing "licensed" with 11 "registered"; and 12 on page 12, by replacing lines 18 through 33 with the 13 following: 14 "Sec. 13.1. Plumbing contractors; registration; 15 applications. 16 (1) After May 1, 2002 all persons or corporations 17 desiring to engage in the business of plumbing contractor 18 shall register in accordance with the provisions of this 19 Act. 20 (2) Application for registration shall be filed with 21 the Department each year, on the day before the first day -2- LRB9204190LBgcam01 1 of the month of May, in writing and on forms prepared and 2 furnished by the Department. All plumbing contractor 3 registrations expire on the last day of April of each 4 year. 5 (3) Applications shall contain the name, address, 6 and telephone number of the person and the plumbing 7 license of (i) the individual, if a sole proprietorship; 8 (ii) the partner, if a partnership; or (iii) an officer, 9 if a corporation. The application shall contain the 10 business name, address, and telephone number, a current 11 copy of the plumbing license, and any other information 12 the Department may require by rule. 13 (4) Applicants shall submit an original certificate 14 of insurance documenting that the contractor carries 15 general liability insurance with a minimum of $100,000 16 per occurrence, bodily injury insurance with a minimum of 17 $300,000 per occurrence, property damage insurance with a 18 minimum of $50,000, and workers compensation insurance 19 with a minimum $500,000. No registration may be issued 20 in the absence of this certificate. Certificates must be 21 in force at all times for registration to remain valid. 22 (5) Applicants shall submit, on a form provided by 23 the Department, an indemnification bond in the amount of 24 $20,000 or a letter of credit in the same amount for work 25 performed in accordance with this Act and the rules 26 promulgated under this Act. 27 (6) At least one owner or officer of every 28 registered plumbing contractor shall be licensed as a 29 plumber in accordance with this Act. All employees of a 30 licensed plumbing contractor who engage in plumbing work 31 shall be licensed plumbers or apprentice plumbers in 32 accordance with this Act. 33 (7) Plumbing contractors shall submit an annual 34 registration fee in an amount to be established by rule. -3- LRB9204190LBgcam01 1 (8) Plumbing contractor registration shall be 2 renewed annually upon submission, 30 days prior to 3 expiration of the current license, of the registration 4 fee, registration application, indemnification bond, and 5 the certificate of insurance. 6 (9) The Department shall be notified in advance of 7 any changes in the business structure, name, or location 8 or of the addition or deletion of the owner or officer 9 who is the licensed plumber listed on the application. 10 Failure to notify the Department of this information is 11 grounds for suspension or revocation of the plumbing 12 contractor's registration. 13 (10) In the event that the plumber's license on the 14 application for registration of a plumbing contractor is 15 a license issued by City of Chicago, it shall be the 16 responsibility of the applicant to forward a copy of the 17 plumber's license to the Department, noting the name of 18 the registered plumbing contractor, when it is renewed."; 19 and 20 on page 13, by deleting lines 1 through 33; and 21 on page 14, by deleting lines 1 through 34; and 22 on page 15, by deleting lines 1 through 34; and 23 on page 16, by deleting lines 1 through 20; and 24 on page 16, line 23, after "license", by inserting "or 25 registration"; and 26 on page 16, line 25, after "licensee", by inserting "or 27 registrant"; and 28 on page 16, line 26, after "license", by inserting "or 29 registration"; and 30 on page 16, line 30, after "licensee", by inserting "or -4- LRB9204190LBgcam01 1 registrant"; and 2 on page 16 line 32, by replacing "licensed" with 3 "registered"; and 4 on page 17, line 3, after "licensee", by inserting "or 5 registrant"; and 6 on page 17, line 5, after "licensee", by inserting "or 7 registrant"; and 8 on page 17, after line 8, by inserting the following: 9 "(f) That the owner or officer of a registered 10 plumbing contractor failed to maintain a valid plumbing 11 license. 12 (g) That the registered plumbing contractor used a 13 plumbing license without the permission of the 14 licensee."; and 15 on page 17, after line 20, by inserting the following: 16 "(225 ILCS 320/29.5) 17 Sec. 29.5. Unlicensed and unregistered practice; 18 violation; civil penalty. 19 (a) A person who practices, offers to practice, attempts 20 to practice, or holds himself or herself out to practice as a 21 plumber or plumbing contractor without being licensed or 22 registered under this Act, or as an irrigation contractor 23 without being registered under this Act, shall, in addition 24 to any other penalty provided by law, pay a civil penalty to 25 the Department in an amount not to exceed $5,000 for each 26 offense as determined by the Department. The civil penalty 27 shall be assessed by the Department after a hearing is held 28 in accordance with the provisions set forth in this Act 29 regarding the provision of a hearing for the discipline of a 30 licensee or registrant. 31 (b) The Department has the authority and power to -5- LRB9204190LBgcam01 1 investigate any person who practices, offers to practice, 2 attempts to practice, or holds himself or herself out to 3 practice as a plumber or plumbing contractor without being 4 licensed or registered under this Act, or as an irrigation 5 contractor without being registered under this Act. 6 (c) The civil penalty shall be paid within 60 days after 7 the effective date of the order imposing the civil penalty. 8 The order shall constitute a judgment and may be filed and 9 execution had on the judgment in the same manner as a 10 judgment from a court of record. All fines and penalties 11 collected by the Department under this Section of the Act and 12 accrued interest shall be deposited into the Plumbing 13 Licensure and Program Fund for use by the Department in 14 performing activities relating to the administration and 15 enforcement of this Act. 16 (Source: P.A. 90-714, eff. 8-7-98; 91-678, eff. 1-26-00.) 17 (225 ILCS 320/30) (from Ch. 111, par. 1129) 18 Sec. 30. (1) The Department shall, by rule, establish a 19 schedule of fees for examination, registration, and licensure 20 and registration sufficient to offset a portion of the costs 21 of administration and enforcement of this Act. 22 (2) The Department may, by rule, establish a schedule of 23 fees for the publication and mailing of the Illinois State 24 Plumbing Code. 25 (Source: P.A. 91-678, eff. 1-26-00.)".