State of Illinois
92nd General Assembly
Legislation

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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 "may to"; 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.)".

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