Rep. Marcus C. Evans, Jr.

Filed: 3/6/2023

 

 


 

 


 
10300HB2145ham001LRB103 28765 SPS 58583 a

1
AMENDMENT TO HOUSE BILL 2145

2    AMENDMENT NO. ______. Amend House Bill 2145 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Sections 2105-15 and 2105-207 as follows:
 
7    (20 ILCS 2105/2105-15)
8    Sec. 2105-15. General powers and duties.
9    (a) The Department has, subject to the provisions of the
10Civil Administrative Code of Illinois, the following powers
11and duties:
12        (1) To authorize examinations in English to ascertain
13    the qualifications and fitness of applicants to exercise
14    the profession, trade, or occupation for which the
15    examination is held.
16        (2) To prescribe rules and regulations for a fair and

 

 

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1    wholly impartial method of examination of candidates to
2    exercise the respective professions, trades, or
3    occupations.
4        (3) To pass upon the qualifications of applicants for
5    licenses, certificates, and authorities, whether by
6    examination, by reciprocity, or by endorsement.
7        (4) To prescribe rules and regulations defining, for
8    the respective professions, trades, and occupations, what
9    shall constitute a school, college, or university, or
10    department of a university, or other institution,
11    reputable and in good standing, and to determine the
12    reputability and good standing of a school, college, or
13    university, or department of a university, or other
14    institution, reputable and in good standing, by reference
15    to a compliance with those rules and regulations;
16    provided, that no school, college, or university, or
17    department of a university, or other institution that
18    refuses admittance to applicants solely on account of
19    race, color, creed, sex, sexual orientation, or national
20    origin shall be considered reputable and in good standing.
21        (5) To conduct hearings on proceedings to revoke,
22    suspend, refuse to renew, place on probationary status, or
23    take other disciplinary action as authorized in any
24    licensing Act administered by the Department with regard
25    to licenses, certificates, or authorities of persons
26    exercising the respective professions, trades, or

 

 

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1    occupations and to revoke, suspend, refuse to renew, place
2    on probationary status, or take other disciplinary action
3    as authorized in any licensing Act administered by the
4    Department with regard to those licenses, certificates, or
5    authorities.
6        The Department shall issue a monthly disciplinary
7    report.
8        The Department shall refuse to issue or renew a
9    license to, or shall suspend or revoke a license of, any
10    person who, after receiving notice, fails to comply with a
11    subpoena or warrant relating to a paternity or child
12    support proceeding. However, the Department may issue a
13    license or renewal upon compliance with the subpoena or
14    warrant.
15        The Department, without further process or hearings,
16    shall revoke, suspend, or deny any license or renewal
17    authorized by the Civil Administrative Code of Illinois to
18    a person who is certified by the Department of Healthcare
19    and Family Services (formerly Illinois Department of
20    Public Aid) as being more than 30 days delinquent in
21    complying with a child support order or who is certified
22    by a court as being in violation of the Non-Support
23    Punishment Act for more than 60 days. The Department may,
24    however, issue a license or renewal if the person has
25    established a satisfactory repayment record as determined
26    by the Department of Healthcare and Family Services

 

 

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1    (formerly Illinois Department of Public Aid) or if the
2    person is determined by the court to be in compliance with
3    the Non-Support Punishment Act. The Department may
4    implement this paragraph as added by Public Act 89-6
5    through the use of emergency rules in accordance with
6    Section 5-45 of the Illinois Administrative Procedure Act.
7    For purposes of the Illinois Administrative Procedure Act,
8    the adoption of rules to implement this paragraph shall be
9    considered an emergency and necessary for the public
10    interest, safety, and welfare.
11        (6) To transfer jurisdiction of any realty under the
12    control of the Department to any other department of the
13    State Government or to acquire or accept federal lands
14    when the transfer, acquisition, or acceptance is
15    advantageous to the State and is approved in writing by
16    the Governor.
17        (7) To formulate rules and regulations necessary for
18    the enforcement of any Act administered by the Department.
19        (8) To exchange with the Department of Healthcare and
20    Family Services information that may be necessary for the
21    enforcement of child support orders entered pursuant to
22    the Illinois Public Aid Code, the Illinois Marriage and
23    Dissolution of Marriage Act, the Non-Support of Spouse and
24    Children Act, the Non-Support Punishment Act, the Revised
25    Uniform Reciprocal Enforcement of Support Act, the Uniform
26    Interstate Family Support Act, the Illinois Parentage Act

 

 

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1    of 1984, or the Illinois Parentage Act of 2015.
2    Notwithstanding any provisions in this Code to the
3    contrary, the Department of Professional Regulation shall
4    not be liable under any federal or State law to any person
5    for any disclosure of information to the Department of
6    Healthcare and Family Services (formerly Illinois
7    Department of Public Aid) under this paragraph (8) or for
8    any other action taken in good faith to comply with the
9    requirements of this paragraph (8).
10        (8.3) To exchange information with the Department of
11    Human Rights regarding recommendations received under
12    paragraph (B) of Section 8-109 of the Illinois Human
13    Rights Act regarding a licensee or candidate for licensure
14    who has committed a civil rights violation that may lead
15    to the refusal, suspension, or revocation of a license
16    from the Department.
17        (8.5) To accept continuing education credit for
18    mandated reporter training on how to recognize and report
19    child abuse offered by the Department of Children and
20    Family Services and completed by any person who holds a
21    professional license issued by the Department and who is a
22    mandated reporter under the Abused and Neglected Child
23    Reporting Act. The Department shall adopt any rules
24    necessary to implement this paragraph.
25        (9) To perform other duties prescribed by law.
26    (a-5) Except in cases involving delinquency in complying

 

 

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1with a child support order or violation of the Non-Support
2Punishment Act and notwithstanding anything that may appear in
3any individual licensing Act or administrative rule, no person
4or entity whose license, certificate, or authority has been
5revoked as authorized in any licensing Act administered by the
6Department may apply for restoration of that license,
7certification, or authority until 3 years after the effective
8date of the revocation.
9    (b) (Blank).
10    (c) For the purpose of securing and preparing evidence,
11and for the purchase of controlled substances, professional
12services, and equipment necessary for enforcement activities,
13recoupment of investigative costs, and other activities
14directed at suppressing the misuse and abuse of controlled
15substances, including those activities set forth in Sections
16504 and 508 of the Illinois Controlled Substances Act, the
17Director and agents appointed and authorized by the Director
18may expend sums from the Professional Regulation Evidence Fund
19that the Director deems necessary from the amounts
20appropriated for that purpose. Those sums may be advanced to
21the agent when the Director deems that procedure to be in the
22public interest. Sums for the purchase of controlled
23substances, professional services, and equipment necessary for
24enforcement activities and other activities as set forth in
25this Section shall be advanced to the agent who is to make the
26purchase from the Professional Regulation Evidence Fund on

 

 

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1vouchers signed by the Director. The Director and those agents
2are authorized to maintain one or more commercial checking
3accounts with any State banking corporation or corporations
4organized under or subject to the Illinois Banking Act for the
5deposit and withdrawal of moneys to be used for the purposes
6set forth in this Section; provided, that no check may be
7written nor any withdrawal made from any such account except
8upon the written signatures of 2 persons designated by the
9Director to write those checks and make those withdrawals.
10Vouchers for those expenditures must be signed by the
11Director. All such expenditures shall be audited by the
12Director, and the audit shall be submitted to the Department
13of Central Management Services for approval.
14    (d) Whenever the Department is authorized or required by
15law to consider some aspect of criminal history record
16information for the purpose of carrying out its statutory
17powers and responsibilities, then, upon request and payment of
18fees in conformance with the requirements of Section 2605-400
19of the Illinois State Police Law, the Illinois State Police is
20authorized to furnish, pursuant to positive identification,
21the information contained in State files that is necessary to
22fulfill the request.
23    (e) The provisions of this Section do not apply to private
24business and vocational schools as defined by Section 15 of
25the Private Business and Vocational Schools Act of 2012.
26    (f) (Blank).

 

 

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1    (f-5) Notwithstanding anything that may appear in any
2individual licensing statute or administrative rule, the
3Department shall allow an applicant to provide his or her
4individual taxpayer identification number as an alternative to
5providing a social security number when applying for a
6license.
7    (g) Notwithstanding anything that may appear in any
8individual licensing statute or administrative rule, the
9Department shall deny any license application or renewal
10authorized under any licensing Act administered by the
11Department to any person who has failed to file a return, or to
12pay the tax, penalty, or interest shown in a filed return, or
13to pay any final assessment of tax, penalty, or interest, as
14required by any tax Act administered by the Illinois
15Department of Revenue, until such time as the requirement of
16any such tax Act are satisfied; however, the Department may
17issue a license or renewal if the person has established a
18satisfactory repayment record as determined by the Illinois
19Department of Revenue. For the purpose of this Section,
20"satisfactory repayment record" shall be defined by rule.
21    In addition, a complaint filed with the Department by the
22Illinois Department of Revenue that includes a certification,
23signed by its Director or designee, attesting to the amount of
24the unpaid tax liability or the years for which a return was
25not filed, or both, is prima facie evidence of the licensee's
26failure to comply with the tax laws administered by the

 

 

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1Illinois Department of Revenue. Upon receipt of that
2certification, the Department shall, without a hearing,
3immediately suspend all licenses held by the licensee.
4Enforcement of the Department's order shall be stayed for 60
5days. The Department shall provide notice of the suspension to
6the licensee by mailing a copy of the Department's order to the
7licensee's address of record or emailing a copy of the order to
8the licensee's email address of record. The notice shall
9advise the licensee that the suspension shall be effective 60
10days after the issuance of the Department's order unless the
11Department receives, from the licensee, a request for a
12hearing before the Department to dispute the matters contained
13in the order.
14    Any suspension imposed under this subsection (g) shall be
15terminated by the Department upon notification from the
16Illinois Department of Revenue that the licensee is in
17compliance with all tax laws administered by the Illinois
18Department of Revenue.
19    The Department may promulgate rules for the administration
20of this subsection (g).
21    (g-5) Notwithstanding anything that may appear in any
22individual licensing statute or administrative rule, the
23Department shall refuse the issuance or renewal of a license
24to, or suspend or revoke the license of, any individual,
25corporation, partnership, or other business entity that has
26been found by the Illinois Workers' Compensation Commission or

 

 

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1the Department of Insurance to have failed to (i) secure
2workers' compensation obligations in the manner required by
3subsections (a) and (b) of Section 4 of the Workers'
4Compensation Act, (ii) pay in full a fine or penalty imposed
5due to a failure to secure workers' compensation obligations
6in the manner required by subsections (a) and (b) of Section 4
7of the Workers' Compensation Act, or (iii) fulfill all
8obligations assumed pursuant to a settlement reached with the
9Illinois Workers' Compensation Commission or the Department of
10Insurance relating to a failure to secure workers'
11compensation obligations in the manner required by subsections
12(a) and (b) of Section 4 of the Workers' Compensation Act. No
13initial or renewal license shall be issued, and no suspended
14license shall be reinstated, until such time that the
15Department is notified by the Illinois Workers' Compensation
16Commission or the Department of Insurance that the licensee's
17or applicant's failure to comply with subsections (a) and (b)
18of Section 4 of the Workers' Compensation Act has been
19corrected or otherwise resolved to satisfaction of the
20Illinois Workers' Compensation Commission or the Department of
21Insurance.
22    In addition, a complaint filed with the Department by the
23Illinois Workers' Compensation Commission or the Department of
24Insurance that includes a certification, signed by its
25Director or Chairman, or the Director or Chairman's designee,
26attesting to a finding of the failure to secure workers'

 

 

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1compensation obligations in the manner required by subsections
2(a) and (b) of Section 4 of the Workers' Compensation Act or
3the failure to pay any fines or penalties or to discharge any
4obligation under a settlement relating to the failure to
5secure workers' compensation obligations in the manner
6required by subsections (a) and (b) of Section 4 of the
7Workers' Compensation Act is prima facie evidence of the
8licensee's or applicant's failure to comply with subsections
9(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
10receipt of that certification, the Department shall, without a
11hearing, immediately suspend all licenses held by the licensee
12or the processing of any application from the applicant.
13Enforcement of the Department's order shall be stayed for 60
14days. The Department shall provide notice of the suspension to
15the licensee by mailing a copy of the Department's order to the
16licensee's address of record or emailing a copy of the order to
17the licensee's email address of record. The notice shall
18advise the licensee that the suspension shall be effective 60
19days after the issuance of the Department's order unless the
20Department receives from the licensee or applicant a request
21for a hearing before the Department to dispute the matters
22contained in the order.
23    Any suspension imposed under this subsection shall be
24terminated by the Department upon notification from the
25Illinois Workers' Compensation Commission or the Department of
26Insurance that the licensee's or applicant's failure to comply

 

 

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1with subsections (a) and (b) of Section 4 of the Workers'
2Compensation Act has been corrected or otherwise resolved to
3the satisfaction of the Illinois Workers' Compensation
4Commissions or the Department of Insurance.
5    No license shall be suspended or revoked until after the
6licensee is afforded any due process protection guaranteed by
7statute or rule adopted by the Workers' Compensation
8Commission or the Department of Insurance.
9    The Department may adopt rules for the administration of
10this subsection.
11    (h) The Department may grant the title "Retired", to be
12used immediately adjacent to the title of a profession
13regulated by the Department, to eligible retirees. For
14individuals licensed under the Medical Practice Act of 1987,
15the title "Retired" may be used in the profile required by the
16Patients' Right to Know Act. The use of the title "Retired"
17shall not constitute representation of current licensure,
18registration, or certification. Any person without an active
19license, registration, or certificate in a profession that
20requires licensure, registration, or certification shall not
21be permitted to practice that profession.
22    (i) The Department shall make available on its website
23general information explaining how the Department utilizes
24criminal history information in making licensure application
25decisions, including a list of enumerated offenses that serve
26as a statutory bar to licensure.

 

 

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1(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
2102-538, eff. 8-20-21.)
 
3    (20 ILCS 2105/2105-207)
4    Sec. 2105-207. Records of Department actions.
5    (a) Any licensee subject to a licensing Act administered
6by the Department Division of Professional Regulation and who
7has been subject to disciplinary action by the Department may
8file an application with the Department on forms provided by
9the Department, along with the required fee of $175, to have
10the records classified as confidential, not for public
11release, and considered expunged for reporting purposes if:
12        (1) the application is submitted more than 3 years
13    after the disciplinary offense or offenses occurred or
14    after restoration of the license, whichever is later;
15        (2) the licensee has had no incidents of discipline
16    under the licensing Act since the disciplinary offense or
17    offenses identified in the application occurred;
18        (3) the Department has no pending investigations
19    against the licensee; and
20        (4) the licensee is not currently in a disciplinary
21    status.
22    (b) An application to make disciplinary records
23confidential shall only be considered by the Department for an
24offense or action relating to:
25        (1) failure to pay taxes;

 

 

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1        (2) continuing education;
2        (3) failure to renew a license on time;
3        (4) failure to obtain or renew a certificate of
4    registration or ancillary license;
5        (5) advertising;
6        (5.1) discipline based on criminal charges or
7    convictions:
8            (A) that did not arise from the licensed activity
9        and was unrelated to the licensed activity; or
10            (B) that were dismissed or for which records have
11        been sealed or expunged;
12        (5.2) past probationary status of a license issued to
13    new applicants on the sole or partial basis of prior
14    convictions; or
15        (6) any grounds for discipline removed from the
16    licensing Act; .
17        (7) failure to comply with workers' compensation
18    requirements; or
19        (8) reprimand of a licensee.
20    (c) An application shall be submitted to and considered by
21the Director of the Division of Professional Regulation upon
22submission of an application and the required non-refundable
23fee. The Department may establish additional requirements by
24rule. The Department is not required to report the removal of
25any disciplinary record to any national database. Nothing in
26this Section shall prohibit the Department from using a

 

 

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1previous discipline for any regulatory purpose or from
2releasing records of a previous discipline upon request from
3law enforcement, or other governmental body as permitted by
4law. Classification of records as confidential shall result in
5removal of records of discipline from records kept pursuant to
6Sections 2105-200 and 2105-205 of this Act.
7    (d) Any applicant for licensure or a licensee whose
8petition for review is granted by the Department pursuant to
9subsection (a-1) of Section 2105-165 of this Law may file an
10application with the Department on forms provided by the
11Department to have records relating to his or her permanent
12denial or permanent revocation classified as confidential and
13not for public release and considered expunged for reporting
14purposes in the same manner and under the same terms as is
15provided in this Section for the offenses listed in subsection
16(b) of this Section, except that the requirements of a 3-year
177-year waiting period and the $175 $200 application fee do not
18apply.
19(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
20100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)
 
21    Section 10. The Asbestos Abatement Act is amended by
22changing Section 10a as follows:
 
23    (105 ILCS 105/10a)  (from Ch. 122, par. 1410a)
24    Sec. 10a. Licensing. No inspector, management planner,

 

 

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1project designer, project manager, air sampling professional,
2asbestos abatement contractor, worker or project supervisor
3may be employed as a response action contractor unless that
4individual or entity is licensed by the Department. Those
5individuals and entities wishing to be licensed shall make
6application on forms prescribed and furnished by the
7Department. A license shall expire annually according to a
8schedule determined by the Department. Applications for
9renewal of licenses shall be filed with the Department at
10least 30 days before the expiration date. When a licensure
11examination is required, the application for licensure shall
12be submitted to the Department at least 30 days prior to the
13date of the scheduled examination. The Department shall
14evaluate each application based on its minimum standards for
15licensure, promulgated as rules, and render a decision. Such
16standards may include a requirement for the successful
17completion of a course of training approved by the Department.
18If the Department denies the application, the applicant may
19appeal such decision pursuant to the provisions of the
20"Administrative Review Law".
21    The Department, upon notification by the Illinois Workers'
22Compensation Commission or the Department of Insurance, shall
23refuse the issuance or renewal of a license to, or suspend or
24revoke the license of, any individual, corporation,
25partnership, or other business entity that has been found by
26the Illinois Workers' Compensation Commission or the

 

 

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1Department of Insurance to have failed:
2        (a) to secure workers' compensation obligations in the
3    manner required by subsections (a) and (b) of Section 4 of
4    the Workers' Compensation Act;
5        (b) to pay in full a fine or penalty imposed by the
6    Illinois Workers' Compensation Commission or the
7    Department of Insurance due to a failure to secure
8    workers' compensation obligations in the manner required
9    by subsections (a) and (b) of Section 4 of the Workers'
10    Compensation Act; or
11        (c) to fulfill all obligations assumed pursuant to any
12    settlement reached with the Illinois Workers' Compensation
13    Commission or the Department of Insurance due to a failure
14    to secure workers' compensation obligations in the manner
15    required by subsections (a) and (b) of Section 4 of the
16    Workers' Compensation Act.
17    A complaint filed with the Department by the Illinois
18Workers' Compensation Commission or the Department of
19Insurance that includes a certification, signed by its
20Director or Chairman, or the Director or Chairman's designee,
21attesting to a finding of the failure to secure workers'
22compensation obligations in the manner required by subsections
23(a) and (b) of Section 4 of the Workers' Compensation Act or
24the failure to pay any fines or penalties or to discharge any
25obligation under a settlement relating to the failure to
26secure workers' compensation obligations in the manner

 

 

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1required by subsections (a) and (b) of Section 4 of the
2Workers' Compensation Act is prima facie evidence of the
3licensee's or applicant's failure to comply with subsections
4(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
5receipt of that certification, the Department shall, without a
6hearing, immediately suspend all licenses held by the licensee
7or the processing of any application from the applicant.
8Enforcement of the Department's order shall be stayed for 60
9days. The Department shall provide notice of the suspension to
10the licensee by mailing a copy of the Department's order to the
11licensee's or applicant's address of record or emailing a copy
12of the order to the licensee's or applicant's email address of
13record. The notice shall advise the licensee or applicant that
14the suspension shall be effective 60 days after the issuance
15of the order unless the Department receives, from the licensee
16or applicant, a request for a hearing before the Department to
17dispute the matters contained in the order.
18    Upon receiving notice from the Illinois Workers'
19Compensation Commission or the Department of Insurance that
20the violation has been corrected or otherwise resolved, the
21Department shall vacate the order suspending a licensee's
22license or the processing of an applicant's application.
23    No license shall be suspended or revoked until after the
24licensee is afforded any due process protection guaranteed by
25statute or rule adopted by the Workers' Compensation
26Commission or the Department of Insurance.

 

 

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1(Source: P.A. 86-416.)
 
2    Section 15. The Lead Poisoning Prevention Act is amended
3by changing Section 8.1 as follows:
 
4    (410 ILCS 45/8.1)  (from Ch. 111 1/2, par. 1308.1)
5    Sec. 8.1. Licensing of lead inspectors and lead risk
6assessors.
7    (a) The Department shall establish standards and licensing
8procedures for lead inspectors and lead risk assessors. An
9integral element of these procedures shall be an education and
10training program prescribed by the Department which shall
11include but not be limited to scientific sampling, chemistry,
12and construction techniques. No person shall make inspections
13or risk assessments without first being licensed by the
14Department. The penalty for inspection or risk assessment
15without a license shall be a Class A misdemeanor and an
16administrative fine.
17    (b) The Department shall charge licensed lead inspectors
18and lead risk assessors reasonable license fees and the fees
19shall be placed in the Lead Poisoning Screening, Prevention,
20and Abatement Fund and used to fund the Department's licensing
21of lead inspectors and lead risk assessors and any other
22activities prescribed by this Act. A licensed lead inspector
23or lead risk assessor employed by the Department or its
24delegate agency shall not be charged a license fee.

 

 

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1    (c) The Department, upon notification by the Illinois
2Workers' Compensation Commission or the Department of
3Insurance, shall refuse the issuance or renewal of a license
4to, or suspend or revoke the license of, of any individual,
5corporation, partnership, or other business entity that has
6been found by the Illinois Workers' Compensation Commission or
7the Department of Insurance to have failed:
8        (1) to secure workers' compensation obligations in the
9    manner required by subsections (a) and (b) of Section 4 of
10    the Workers' Compensation Act;
11        (2) to pay in full a fine or penalty imposed by the
12    Illinois Workers' Compensation Commission or the
13    Department of Insurance due to a failure to secure
14    workers' compensation obligations in the manner required
15    by subsections (a) and (b) of Section 4 of the Workers'
16    Compensation Act; or
17        (3) to fulfill all obligations assumed pursuant to any
18    settlement reached with the Illinois Workers' Compensation
19    Commission or the Department of Insurance due to a failure
20    to secure workers' compensation obligations in the manner
21    required by subsections (a) and (b) of Section 4 of the
22    Workers' Compensation Act.
23    A complaint filed with the Department by the Illinois
24Workers' Compensation Commission or the Department of
25Insurance that includes a certification, signed by its
26Director or Chairman or designee, attesting to a finding of

 

 

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1the failure to secure workers' compensation obligations in the
2manner required by subsections (a) and (b) of Section 4 of the
3Workers' Compensation Act or the failure to pay any fines or
4penalties or to discharge any obligation under a settlement
5relating to the failure to secure workers' compensation
6obligations in the manner required by subsections (a) and (b)
7of Section 4 of the Workers' Compensation Act is prima facie
8evidence of the licensee's or applicant's failure to comply
9with subsections (a) and (b) of Section 4 of the Workers'
10Compensation Act. Upon receipt of that certification, the
11Department shall, without a hearing, immediately suspend all
12licenses held by the licensee or the processing of any
13application from the applicant. Enforcement of the
14Department's order shall be stayed for 60 days. The Department
15shall provide notice of the suspension to the licensee by
16mailing a copy of the Department's order to the licensee's or
17applicant's address of record or emailing a copy of the order
18to the licensee's or applicant's email address of record. The
19notice shall advise the licensee or applicant that the
20suspension shall be effective 60 days after the issuance of
21the order unless the Department receives, from the licensee or
22applicant, a request for a hearing before the Department to
23dispute the matters contained in the order.
24    Upon receiving notice from the Illinois Workers'
25Compensation Commission or the Department of Insurance that
26the violation has been corrected or otherwise resolved, the

 

 

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1Department shall vacate the order suspending a licensee's
2license or the processing of an applicant's application.
3    No license shall be suspended or revoked until after the
4licensee is afforded any due process protection guaranteed by
5statute or rule adopted by the Workers' Compensation
6Commission or the Department of Insurance.
7(Source: P.A. 98-690, eff. 1-1-15.)
 
8    Section 20. The Illinois Plumbing License Law is amended
9by changing Section 13.1 as follows:
 
10    (225 ILCS 320/13.1)
11    Sec. 13.1. Plumbing contractors; registration;
12applications.
13    (1) On and after May 1, 2002, all persons or corporations
14desiring to engage in the business of plumbing contractor,
15other than any entity that maintains an audited net worth of
16shareholders' equity equal to or exceeding $100,000,000, shall
17register in accordance with the provisions of this Act.
18    (2) Application for registration shall be filed with the
19Department each year, on or before the last day of September,
20in writing and on forms prepared and furnished by the
21Department. All plumbing contractor registrations expire on
22the last day of September of each year.
23    (3) Applications shall contain the name, address, and
24telephone number of the person and the plumbing license of (i)

 

 

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1the individual, if a sole proprietorship; (ii) the partner, if
2a partnership; or (iii) an officer, if a corporation. The
3application shall contain the business name, address, and
4telephone number, a current copy of the plumbing license, and
5any other information the Department may require by rule.
6    (4) Applicants shall submit an original certificate of
7insurance documenting that the contractor carries general
8liability insurance with a minimum of $100,000 per occurrence,
9a minimum of $300,000 aggregate for bodily injury, property
10damage insurance with a minimum of $50,000 or a minimum of
11$300,000 combined single limit, and workers compensation
12insurance with a minimum $500,000 employer's liability. No
13registration may be issued in the absence of this certificate.
14Certificates must be in force at all times for registration to
15remain valid.
16    (5) Applicants shall submit, on a form provided by the
17Department, an indemnification bond in the amount of $20,000
18or a letter of credit in the same amount for work performed in
19accordance with this Act and the rules promulgated under this
20Act.
21    (5.5) The Department, upon notification by the Illinois
22Workers' Compensation Commission or the Department of
23Insurance, shall refuse the issuance or renewal of a license
24to, or suspend or revoke the license of, any individual,
25corporation, partnership, or other business entity that has
26been found by the Illinois Workers' Compensation Commission or

 

 

10300HB2145ham001- 24 -LRB103 28765 SPS 58583 a

1the Department of Insurance to have failed:
2        (a) to secure workers' compensation obligations in the
3    manner required by subsections (a) and (b) of Section 4 of
4    the Workers' Compensation Act;
5        (b) to pay in full a fine or penalty imposed by the
6    Illinois Workers' Compensation Commission or the
7    Department of Insurance due to a failure to secure
8    workers' compensation obligations in the manner required
9    by subsections (a) and (b) of Section 4 of the Workers'
10    Compensation Act; or
11        (c) to fulfill all obligations assumed pursuant to any
12    settlement reached with the Illinois Workers' Compensation
13    Commission or the Department of Insurance due to a failure
14    to secure workers' compensation obligations in the manner
15    required by subsections (a) and (b) of Section 4 of the
16    Workers' Compensation Act.
17    A complaint filed with the Department by the Illinois
18Workers' Compensation Commission or the Department of
19Insurance that includes a certification, signed by its
20Director or Chairman or designee, attesting to a finding of
21the failure to secure workers' compensation obligations in the
22manner required by subsections (a) and (b) of Section 4 of the
23Workers' Compensation Act or the failure to pay any fines or
24penalties or to discharge any obligation under a settlement
25relating to the failure to secure workers' compensation
26obligations in the manner required by subsections (a) and (b)

 

 

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1of Section 4 of the Workers' Compensation Act is prima facie
2evidence of the licensee's or applicant's failure to comply
3with subsections (a) and (b) of Section 4 of the Workers'
4Compensation Act. Upon receipt of that certification, the
5Department shall, without a hearing, immediately suspend all
6licenses held by the licensee or the processing of any
7application from the applicant. Enforcement of the
8Department's order shall be stayed for 60 days. The Department
9shall provide notice of the suspension to the licensee by
10mailing a copy of the Department's order to the licensee's or
11applicant's address of record or emailing a copy of the order
12to the licensee's or applicant's email address of record. The
13notice shall advise the licensee or applicant that the
14suspension shall be effective 60 days after the issuance of
15the order unless the Department receives, from the licensee or
16applicant, a request for a hearing before the Department to
17dispute the matters contained in the order.
18    Upon receiving notice from the Illinois Workers'
19Compensation Commission or the Department of Insurance that
20the violation has been corrected or otherwise resolved, the
21Department shall vacate the order suspending a licensee's
22license or the processing of an applicant's application.
23    No license shall be suspended or revoked until after the
24licensee is afforded any due process protection guaranteed by
25statute or rule adopted by the Workers' Compensation
26Commission or the Department of Insurance.

 

 

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1    (6) All employees of a registered plumbing contractor who
2engage in plumbing work shall be licensed plumbers or
3apprentice plumbers in accordance with this Act.
4    (7) Plumbing contractors shall submit an annual
5registration fee in an amount to be established by rule.
6    (8) The Department shall be notified in advance of any
7changes in the business structure, name, or location or of the
8addition or deletion of the owner or officer who is the
9licensed plumber listed on the application. Failure to notify
10the Department of this information is grounds for suspension
11or revocation of the plumbing contractor's registration.
12    (9) In the event that the plumber's license on the
13application for registration of a plumbing contractor is a
14license issued by the City of Chicago, it shall be the
15responsibility of the applicant to forward a copy of the
16plumber's license to the Department, noting the name of the
17registered plumbing contractor, when it is renewed. In the
18event that the plumbing contractor's registration is suspended
19or revoked, the Department shall notify the City of Chicago
20and any corresponding plumbing contractor's license issued by
21the City of Chicago shall be suspended or revoked.
22(Source: P.A. 97-365, eff. 1-1-12.)
 
23    Section 99. Effective date. This Act takes effect January
241, 2024.".