Illinois General Assembly - Full Text of SB1695
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Full Text of SB1695  101st General Assembly

SB1695 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1695

 

Introduced 2/15/2019, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 5/16-30
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Creates the Fire Alarm Service Professional Licensing Act. Provides for the licensure of fire alarm contractors, installers, and technicians under the Department of Financial and Professional Regulation. Includes provisions concerning the powers and duties of the Department, licensing requirements, designated certified person requirements, and requirements for the installation, repair, inspection, and testing of fire alarm systems. Authorizes the Department to establish fees and continuing education requirements. Sets forth provisions for grounds for disciplinary action, criminal and civil penalties for violations of the Act, and administrative procedure. Provides that fines and fees collected under the Act shall be deposited into the Fire Prevention Fund. Preempts home rule powers. Amends the Criminal Code of 2012 and the Consumer Fraud and Deceptive Business Practices Act to make conforming changes.


LRB101 10371 SMS 55477 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1695LRB101 10371 SMS 55477 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Fire
5Alarm Service Professional Licensing Act.
 
6    Section 5. Legislative intent. It is declared that within
7the State of Illinois there are, and may continue to be,
8locations where the improper installation or repair of fire
9alarm and emergency communication signaling systems creates
10conditions that may adversely affect the public health and
11general welfare. Therefore, the purpose of this Act is to
12protect, promote, and preserve the public health and general
13welfare by providing for the establishment of minimum standards
14for licensure of fire alarm system contractors and technicians.
 
15    Section 7. Exemptions. A person or business engaged in the
16business of installing, inspecting, or repairing fire alarm
17systems in a municipality with a population greater than a
181,000,000 is exempt from the provisions of this Act.
 
19    Section 10. Definitions. As used in this Act, unless the
20context otherwise requires:
21    "Certified engineering technician" or "technician" means

 

 

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1an individual who has achieved NICET Level III or higher in the
2appropriate subfield and who has the knowledge, experience, and
3skills necessary to layout fire protection systems.
4    "Department" means the Department of Financial and
5Professional Regulation.
6    "Designated certified person" means an individual who has
7met the qualifications set forth under Section 25 of this Act.
8    "Fire alarm service professional" means a person who holds
9himself or herself to be in the business of or contracts with a
10person or firm to install, inspect, maintain, or repair a fire
11alarm system.
12    "Fire alarm system" means a system or portion of a
13combination system that consists of components and circuits
14arranged to monitor and annunciate the status of fire alarm or
15supervisory signal-initiating devices and to initiate the
16appropriate response to those signals. "Fire alarm system"
17includes, but is not limited to, a fire alarm system and
18emergency communications system in a residential, commercial,
19institutional, educational, public, or private occupancy.
20    "Fire alarm system layout documents" means layout
21drawings, catalog information on standard products, and other
22construction data that provide details on the location of fire
23alarm panels, initiating devices, notifications appliances,
24wiring methods, and power requirements in accordance with the
25National Fire Protection Association (NFPA) 72, National Fire
26Alarm and Signaling Code, as adopted by the applicable

 

 

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1jurisdiction. "Fire alarm system layout documents" serve as a
2guide for installation of a fire alarm system and shall be
3based upon applicable standards pursuant to Section 35 of this
4Act.
5    "Installer" means an individual or firm that provides the
6labor and materials to install fire alarm and emergency
7communication signaling systems.
8    "Licensed professional engineer" means a person who is
9licensed in accordance with the Professional Engineering
10Practice Act of 1989.
11    "Licensee" means a person or business organization
12licensed in accordance with this Act.
13    "NICET" means the National Institute for Certification in
14Engineering Technologies.
15    "Person" means an individual, group of individuals,
16association, trust, partnership, corporation, person doing
17business under an assumed name, the State of Illinois or a
18department thereof, other State-owned and operated
19institution, or other entity.
20    "Supervision" means the direction and management by a
21designated certified person of the activities of non-certified
22personnel in the installation, inspection, or repair of fire
23alarm systems.
24    "Technician" means an individual who performs any of the
25following key tasks:
26        (1) verifies that the initial fire alarm installation

 

 

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1    is installed and operating correctly per applicable
2    requirements;
3        (2) provides repair service work to existing systems;
4    or
5        (3) provides inspection, testing, and maintenance of
6    existing systems.
 
7    Section 15. License; enforcement; failure to pay tax. No
8person shall act as a fire alarm contractor, installer, or
9technician or advertise or assume to act as such, or use any
10title implying that such person is engaged in such practice or
11occupation unless licensed by the Department.
12    No firm, association, or corporation shall act as an agency
13licensed under this Act or advertise or assume to act as such
14or use any title implying that the firm, association, or
15corporation is engaged in such practice unless licensed by the
16Department.
17    The Department, in the name of the People and through the
18Attorney General, the State's Attorney of any county, any
19resident of the State, or any legal entity within the State,
20may apply for injunctive relief in any court to enjoin any
21person who has not been issued a license or whose license has
22been suspended, revoked, or not renewed from practicing a
23licensed activity. Upon the filing of a verified petition, the
24court, if satisfied by affidavit or otherwise, that such person
25is or has been practicing in violation of this Act, may enter a

 

 

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1temporary restraining order or preliminary injunction, without
2bond, enjoining the defendant from such further activity. A
3copy of the verified complaint shall be served upon the
4defendant and the proceedings shall thereafter be conducted as
5in other civil cases. If it is established that the defendant
6has been or is practicing in violation of this Act, the court
7may enter a judgment perpetually enjoining the defendant from
8such further activity. In case of violation of any injunctive
9order or judgment entered under the provisions of this Section,
10the court may summarily try and punish the offender for
11contempt of court. Such injunctive proceeding shall be in
12addition to all penalties and other remedies in this Act.
13    The Department may refuse to issue a license to or may
14suspend the license of any person who fails to file a return,
15to pay the tax, penalty, or interest shown in a filed return,
16or to pay any final assessment of tax, penalty, or interest as
17required by any tax Act administered by the Department of
18Revenue, until the requirements of the tax Act are satisfied.
 
19    Section 20. Licensing requirements.
20    (a) Beginning 6 months after the effective date of this
21Act, it shall be unlawful for any person or business to engage
22in, advertise, or hold itself out to be in the business of
23installing, inspecting, or repairing fire alarm systems in this
24State unless such person or business is licensed by the
25Department.

 

 

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1    (b) A licensed electrical contractor does not need to hold
2a fire alarm license if he or she holds a valid NICET Level II
3certification in Fire Protection Engineer Technology Fire
4Alarm System, or equivalent certification approved by the
5Department.
6    (c) In order to obtain a license, a person or business must
7submit an application to the Department on a form provided by
8the Department containing the information prescribed along
9with the application fee.
10    (d) A business applying for a license must have a
11designated certified person employed at the business location
12and the designated certified person shall be identified on the
13license application.
14    (e) A person or business applying for a license must show
15proof of having liability and property damage insurance in such
16amounts and under such circumstances as may be determined by
17the Department. The amount of liability and property damage
18insurance, however, shall not be less than the amount specified
19in Section 45 of this Act.
20    (f) A person or business applying for a license must show
21proof of having workers' compensation insurance covering its
22employees or be approved as a self-insurer of workers'
23compensation in accordance with the laws of this State.
24    (g) A person or business so licensed shall have a separate
25license for each business location within the State or outside
26the State when the business location is responsible for any

 

 

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1installation, inspection, or repair of fire alarm systems
2performed within the State.
3    (h) When an individual proposes to do business in his or
4her own name, a license, when granted, shall be issued only to
5that individual.
6    (i) If the applicant requesting licensure to engage in
7contracting is a business organization, such as a partnership,
8corporation, business trust, or other legal entity, the
9application shall state the name of the partnership and its
10partners, the name of the corporation and its officers and
11directors, the name of the business trust and its trustees, or
12the name of such other legal entity and its members and shall
13furnish evidence of statutory compliance if a fictitious name
14is used. Such application shall also show that the business
15entity employs a designated certified person as required under
16Section 25. The license, when issued upon application of a
17business organization, shall be in the name of the business
18organization and the name of the qualifying designated
19certified person shall be noted thereon.
20    (j) No license is required for a person or business that is
21engaged in the installation of self-contained smoke alarms and
22fire alarm systems in single-family residential dwellings.
23    (k) All fire alarm system layout documents, as defined in
24Section 10 of this Act, shall be prepared by: (1) a licensed
25professional engineer or (2) a holder of a valid NICET level
26III or higher certification in Fire Protection Engineer

 

 

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1Technology Fire Alarm System Layout, or an equivalent
2certification approved by the Department. Nothing in this Act
3shall prohibit a licensed professional engineer from
4performing verification of installation to ensure proper
5installation and operation of the system in accordance with the
6applicable requirements or testing the operation of the system
7to verify the operation and installation of the fire alarm
8system.
 
9    Section 25. Designated certified person requirements.
10    (a) A designated certified person must be a current
11professional engineer licensed under the Professional
12Engineering Practice Act of 1989, hold a valid NICET Level III
13or higher certification in the subfield of fire protection
14engineer technology or fire alarm system, or have completed an
15apprenticeship as a journeyman electrician or technician from
16an electrical apprenticeship and training program registered
17with the United States Department of Labor that includes fire
18alarm systems and received a certification of satisfactory
19completion.
20    (b) At least one member of every firm, association, or
21partnership or every corporation engaged in the installation of
22fire alarm systems must be a designated NICET Level II or
23higher person or have completed an apprenticeship as a
24journeyman electrician or technician from an electrical
25apprenticeship and training program registered with the United

 

 

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1States Department of Labor that includes fire alarm systems and
2received a certification of satisfactory completion.
3    (c) A designated certified person must be employed by the
4licensee at a business location with a valid license.
5    (d) A designated certified person must perform his or her
6normal duties at a business location with a valid license.
7    (e) A designated certified person may only be the
8designated certified person for one business location and one
9business entity.
10    (f) A designated certified person must be directly involved
11in supervision. The designated certified person does not,
12however, have to be at the site of the installation or repair
13of the fire alarm system at all times.
 
14    Section 30. Change of a designated certified person. When a
15licensee is without a designated certified person, the licensee
16shall notify the Department in writing within 30 days and shall
17employ a designated certified person no later than 180 days
18from the time the position of designated certified person
19becomes vacant. Failing to fill the vacant position shall cause
20the license of the person or of the business organization to
21expire without further operation of law.
 
22    Section 35. Requirements for the installation, repair,
23inspection, and initial acceptance testing of fire alarm
24systems.

 

 

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1    (a) Equipment shall be listed by a nationally recognized
2testing laboratory, such as Underwriters Laboratories, Inc. or
3Factory Mutual Laboratories, Inc., or shall comply with
4nationally accepted standards. The Department shall adopt by
5rule procedures for determining whether a laboratory is
6nationally recognized, taking into account the laboratory's
7facilities, procedures, use of nationally recognized
8standards, and any other criteria reasonably calculated to
9reach an informed determination.
10    (b) Equipment shall be installed in accordance with the
11applicable standards of the National Fire Protection
12Association and the manufacturer's specifications.
13    (c) The contractor shall furnish the user with operating
14instructions for all equipment installed, together with a
15diagram of the final installation.
16    (d) This licensing Act is not intended to require any
17additional fire inspections at the State level.
18    (e) Inspections, initial acceptance testing, annual
19testing, or repairing of existing fire alarm systems and
20equipment must be performed by a licensee or an individual
21employed or contracted by a licensee. Any individual who
22performs inspection and testing duties under this subsection
23(e) must possess proof of certification by a nationally
24recognized certification organization at an appropriate level,
25such as NICET Level II in Fire Protection Engineer Technology,
26Fire Alarm Systems.

 

 

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1    State employees who perform inspections and testing on
2behalf of State institutions and who meet all other
3requirements of this subsection (e) need not be licensed under
4this Act or employed by a licensee under this Act in order to
5perform inspection and testing duties under this subsection
6(e).
7    The requirements of this subsection (e) do not apply to
8individuals performing inspections or testing of fire alarm
9systems on behalf of a municipality, a county, a fire
10protection district, insurance interests, or the Office of the
11State Fire Marshal.
12    The requirements of this subsection (e) do not apply to
13cursory periodic tests and inspections of fire alarm system
14components conducted by property owners or management in
15accordance with the standards of the National Fire Protection
16Association (NFPA) if such inspections do not constitute the
17tests and inspections required to meet the minimum requirements
18of NFPA standards.
19    A copy of the inspection report for an inspection performed
20pursuant to this subsection (e) must be forwarded by the entity
21performing the inspection within 30 days to the local fire
22department or fire protection district in which the fire alarm
23system is located. The inspection report must include the NICET
24Level II Fire Protection Engineer Technology, Fire Alarm
25Systems certification number, or journeymen number of the
26person performing the inspection.
 

 

 

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1    Section 40. Application for building permit; identity
2theft. A person who knowingly, in the course of applying for a
3building permit with a unit of local government, provides the
4license number of a fire alarm contractor whom he or she does
5not intend to have perform the work on the fire alarm portion
6of the project, commits identity theft under paragraph (8) of
7subsection (a) of Section 16-30 of the Criminal Code of 2012.
 
8    Section 45. Fees, renewals, continuing education, and
9required insurance.
10    (a) The fees for an original license and each renewal and
11for duplicate copies of licenses shall be determined by the
12Department by rule.
13    (b) Each license must be renewed every 3 years. Each
14licensee must complete 45 hours of continuing education in the
153-year period following his or her renewal or initial
16licensure. Current licensure as a professional engineer, proof
17of current NICET certification in Level III for Fire Alarm
18Systems or higher, or a certification of completion of an
19approved apprenticeship referenced in subsections (a) and (b)
20of Section 25 shall satisfy this requirement for designated
21certified persons. Continuing education offered through
22nationally recognized building and fire code organizations and
23their affiliates, nationally recognized fire alarm
24organizations and their affiliates, institutions of higher

 

 

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1education, educational bodies specializing in fire alarm
2system technology, and other entities approved by the
3Department shall also be acceptable. All continuing education
4entities seeking approval shall apply to the Department and
5offer programs that:
6        (1) contribute to the advancement, extension, or
7    enhancement of the professional skills or technical
8    knowledge of the licensee in the practice of fire alarm
9    service; and
10        (2) are developed and presented by persons with
11    education or experience in the subject matter of the
12    program.
13    (c) Any person who fails to file a renewal application by
14the date of expiration of a license shall be assessed a late
15filing charge, which shall be determined by the Department by
16rule.
17    (d) All fees shall be paid by check or money order. Any fee
18required by this Act is not refundable if the original
19application or application for renewal is denied.
20    (e) Every application for an original license shall be
21accompanied by a certificate of insurance issued by an
22insurance company authorized to do business in the State or by
23a risk retention or purchasing group formed pursuant to the
24federal Liability Risk Retention Act of 1986, which provides
25primary, first dollar public liability coverage of the
26applicant or licensee for personal injuries for not less than

 

 

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1$500,000 per person or $1,000,000 per occurrence and, in
2addition, for not less than $1,000,000 per occurrence for
3property damage. The insurance policy shall be in effect at all
4times during the license year and a new certificate of
5insurance shall be filed with the Department within 30 days
6after the renewal of the insurance policy.
 
7    Section 50. Deposit of fines and fees; appropriation. All
8administrative civil fines and fees collected pursuant to the
9Act shall be deposited into the Fire Prevention Fund, a special
10fund in the State treasury. The General Assembly shall
11appropriate the amount annually collected as administrative
12civil fines and fees to the Department for the purposes of
13administering this Act.
 
14    Section 55. Home rule. A home rule unit may not regulate
15the installation, inspection, and repair of fire alarm systems
16in a manner less restrictive than the regulation by the State
17on the installation, inspection, and repair of fire alarm
18systems under this Act. This Section is a limitation under
19subsection (i) of Section 6 of Article VII of the Illinois
20Constitution on the concurrent exercise by home rule units of
21powers and functions exercised by the State.
 
22    Section 60. Powers and duties of the Department. The
23Department has the following powers and duties:

 

 

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1        (1) to prescribe and furnish application forms,
2    licenses, and any other forms necessary under this Act;
3        (2) to suspend, revoke, or refuse to issue or renew
4    licenses for cause;
5        (3) to conduct hearings concerning the suspension,
6    revocation, or refusal to issue or renew licenses;
7        (4) to levy and collect fines pursuant to this Act; and
8        (5) to adopt rules necessary for the administration of
9    this Act.
 
10    Section 65. Rules; public hearing. Subject to the
11requirement for public hearings as provided in this Section,
12the Department shall publish and adopt and may, from time to
13time, amend such rules as may be necessary for the enforcement
14of this Act and to protect the health and safety of the public.
15The Department shall hold a public hearing prior to the
16adoption or amendment of rules required under this Act. The
17Department may, when necessary, utilize the services of any
18other State agency to assist in carrying out the purposes of
19this Act.
 
20    Section 70. Grounds for disciplinary action. The following
21constitute grounds for disciplinary action by the Department:
22        (1) violation of any provision of this Act or of any
23    rule adopted under this Act;
24        (2) violation of the applicable building codes or laws

 

 

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1    of this State or any municipality or county thereof;
2        (3) diversion of funds or property received for
3    prosecution or completion of a specified construction
4    project or operation when, as a result of the diversion,
5    the contractor is or will be unable to fulfill the terms of
6    his or her obligation or contract;
7        (4) disciplinary action by any municipality or county,
8    which action shall be reviewed by the Department before
9    taking any disciplinary action;
10        (5) failure to supervise the installation of the fire
11    alarm system covered by the installation permit signed by
12    the contractor;
13        (6) rendering a fire alarm system inoperative, except
14    when the fire alarm system is being inspected, serviced,
15    tested, or repaired pursuant to court order;
16        (7) improperly servicing, repairing, testing, or
17    inspecting a fire alarm system;
18        (8) failing to provide proof of insurance to the
19    Department, or failing to maintain in force the insurance
20    coverage required by this Act;
21        (9) failing to obtain, retain, or maintain one or more
22    of the qualifications for a designated certified person as
23    specified in this Act;
24        (10) failing to confirm that all employees performing
25    fire alarm work or services hold the current certifications
26    required for their scope of work;

 

 

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1        (11) making a material misstatement or
2    misrepresentation or committing a fraud in obtaining or
3    attempting to obtain a license;
4        (12) failing to notify the Department, in writing,
5    within 30 days after a change of residence address,
6    principal business address, or name;
7        (13) failing to supply within a reasonable time, upon
8    request from the Department or its authorized
9    representative, accurate information regarding material
10    used, work performed, or other information essential to the
11    administration of this Act; or
12        (14) aiding or abetting a person to violate a provision
13    of this Act, conspiring with any person to violate a
14    provision of this Act, or allowing a license to be used by
15    another person.
 
16    Section 75. Notice; suspension; revocation; refusal to
17renew a license.
18    (a) Whenever the Department determines that there are
19reasonable grounds to believe that a licensee has violated a
20provision of this Act or the rules adopted under this Act, the
21Department shall give notice of the alleged violation to the
22person to whom the license was issued. The notice shall: (1) be
23in writing; (2) include a statement of the alleged violation
24that necessitates issuance of the notice; (3) contain an
25outline of remedial action that, if taken, will effect

 

 

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1compliance with the provisions of this Act and the rules
2adopted under this Act; (4) prescribe a reasonable time, as
3determined by the Department, for the performance of any action
4required by the notice; and (5) be served upon the licensee.
5The notice shall be deemed to have been properly served upon
6the person when a copy of the notice has been sent by
7registered or certified mail to his or her last known address,
8as furnished to the Department, or when he or she has been
9served the notice by any other method authorized by law.
10    (b) If the person to whom the notice is served does not
11comply with the terms of the notice within the time limitations
12specified in the notice, the Department may proceed with an
13action to suspend, revoke, or refuse to issue a license as
14provided in this Section.
15    (c) Other requirements of this Act notwithstanding, when
16the Department determines that reasonable grounds exist to
17indicate that a violation of this Act has been committed and
18the violation is the third separate violation by that person in
19an 18-month period, the notice requirement of subsection (a) of
20this Section shall be waived and the Department may proceed
21immediately with action to suspend, revoke, or refuse to issue
22a license.
23    (d) In any proceeding to suspend, revoke, or refuse to
24issue a license, the Department shall first serve or cause to
25be served upon the licensee a written notice of the
26Department's intent to take action. The notice shall specify

 

 

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1the way in which the person has failed to comply with this Act
2or any other rules or standards of the Department.
3    (e) In the case of revocation or suspension, the notice
4shall require the person to remove or abate the violation or
5objectionable condition specified in the notice within 5 days.
6The Department may specify a longer period of time as it deems
7necessary. If the person fails to comply with the terms and
8conditions of the revocation or suspension notice within the
9time specified by the Department, the Department may revoke or
10suspend the license.
11    (f) In the case of refusal to issue a license, if the
12person fails to comply with this Act or rules adopted under
13this Act, the Department may refuse to issue a license.
 
14    Section 80. Administrative hearing. The Department shall
15give written notice by certified or registered mail to an
16applicant or licensee of the Department's intent to suspend,
17revoke, or refuse to issue a license or to assess a fine. Such
18person has a right to a hearing before the Department. A
19written notice of a request for a hearing shall be served on
20the Department within 18 days of notice of the refusal,
21suspension, or revocation of a license or imposition of a fine.
22The hearing shall be conducted by the Department or a hearing
23officer designated in writing by the Department. A stenographic
24record shall be made of the hearing and cost of the hearing
25shall be borne by the Department. A transcript of the hearing

 

 

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1shall be made only upon request of the applicant or licensee
2and shall be transcribed at the cost of that person.
 
3    Section 85. Subpoena powers; administration of oath. The
4Department or hearing officer may compel by subpoena or
5subpoena duces tecum the attendance and testimony of witnesses
6and the production of books and papers. All subpoenas issued by
7the Department or hearing officer may be served as provided for
8in a civil action. The fees of witnesses for attendance and
9travel shall be the same as the fees for witnesses before the
10circuit court and shall be paid by the party at whose request
11the subpoena is issued. If such subpoena is issued at the
12request of the Department, the witness fee shall be paid as an
13administrative expense.
14    In the case of refusal of a witness to attend or testify,
15or to produce books or papers concerning any matter upon which
16he or she might be lawfully examined, the circuit court of the
17county where the hearing is being held, upon application of any
18party to the proceeding, may compel obedience by a proceeding
19for contempt.
20    The Department or hearing officer has the authority to
21administer oaths to witnesses.
 
22    Section 90. Deposition of witnesses; testimony at hearing
23recorded. In the event of the inability of any party or the
24Department to procure the attendance of witnesses to give

 

 

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1testimony or produce books and papers, the party or the
2Department may take the deposition of witnesses in accordance
3with the laws of this State. All testimony taken at a hearing
4shall be reduced to writing and all such testimony and other
5evidence introduced at the hearing shall be a part of the
6record of the hearing.
 
7    Section 95. Certification of record. The Department is not
8required to certify any record or file any answer or otherwise
9appear in any proceeding for judicial review unless the party
10filing the complaint deposits with the clerk of the court the
11sum of $1 per page representing the costs of the certification.
12Failure on the part of the plaintiff to make the deposit shall
13be grounds for dismissal of the action.
 
14    Section 100. Injunction. Faulty fire alarm installation
15and repair is declared a violation of this Act and inimical to
16the public health, welfare, and safety and a deceptive business
17practice. The Department, in the name of the People of the
18State, through the Attorney General or the State's Attorney of
19the county in which the violation occurs may, in addition to
20other remedies provided in this Act, bring an action for an
21injunction to restrain such violation or enjoin the future
22performance of the person who committed the violation until
23compliance with the provisions of this Act has been obtained.
 

 

 

SB1695- 22 -LRB101 10371 SMS 55477 b

1    Section 105. Penalty. Any person who violates this Act or
2any rule adopted by the Department or who violates any
3determination or order of the Department under this Act shall
4be guilty of a Class A misdemeanor and shall be fined a sum not
5less than $100. Each day's violation constitutes a separate
6offense. The State's Attorney of the county in which the
7violation occurred or the Attorney General shall bring such
8actions in the name of the People of the State of Illinois.
 
9    Section 110. Administrative civil fines. The Department is
10empowered to assess administrative civil fines against a
11licensee for violations of this Act or its rules. These fines
12shall not be greater than $1,000 for each offense. These fines
13shall be in addition to or in lieu of license suspensions and
14revocations. Rules to implement this Section shall be adopted
15by the Department within 6 months after the effective date of
16this Act.
17    The hearing officer shall, upon determination that a
18violation of the Act or rules has occurred, determine the
19amount of these fines. Any fine assessed and not paid within 60
20days after receiving notice of the fine from the Department may
21be submitted to the Attorney General's office for collection.
22Failure to pay a fine shall also be grounds for immediate
23suspension or revocation of a license issued under this Act.
 
24    Section 115. Judicial review of final administrative

 

 

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1decision. The Administrative Review Law and the rules adopted
2under the Administrative Review Law apply to and govern all
3proceedings for judicial review of final administrative
4decisions of the Department under this Act. Such judicial
5review shall be in the circuit court of the county in which the
6cause of the action arose. As used in this Section, the term
7"administrative decision" has the meaning set forth in Section
83-101 of the Code of Civil Procedure.
 
9    Section 120. Illinois Administrative Procedure Act. The
10provisions of the Illinois Administrative Procedure Act are
11hereby expressly adopted and shall apply to all administrative
12rules and procedures of the Department under this Act, except
13that, in the case of conflict between the Illinois
14Administrative Procedure Act and this Act, the provisions of
15this Act shall control, and except that Section 5-35 of the
16Illinois Administrative Procedure Act relating to procedures
17for rulemaking does not apply to the adoption of any rule
18required by federal law in connection with which the Department
19is precluded by law from exercising any discretion.
 
20    Section 125. Severability clause. If any part of this Act
21is judged invalid, such adjudication shall not affect the
22validity of the Act as a whole or of any other part.
 
23    Section 130. Grandfather clause. Any person or business

 

 

SB1695- 24 -LRB101 10371 SMS 55477 b

1that, on the effective date of this Act, is installing,
2acceptance testing, testing, inspecting, or repairing fire
3alarm systems in the State of Illinois and has a minimum of 3
4years of experience in initial acceptance testing, testing,
5inspecting, or repairing fire alarm systems has 2 years after
6the effective date of this Act before they must have a
7designated certified person as required in Section 25.
 
8    Section 900. The Criminal Code of 2012 is amended by
9changing Section 16-30 as follows:
 
10    (720 ILCS 5/16-30)
11    Sec. 16-30. Identity theft; aggravated identity theft.
12    (a) A person commits identity theft when he or she
13knowingly:
14        (1) uses any personal identifying information or
15    personal identification document of another person to
16    fraudulently obtain credit, money, goods, services, or
17    other property;
18        (2) uses any personal identification information or
19    personal identification document of another with intent to
20    commit any felony not set forth in paragraph (1) of this
21    subsection (a);
22        (3) obtains, records, possesses, sells, transfers,
23    purchases, or manufactures any personal identification
24    information or personal identification document of another

 

 

SB1695- 25 -LRB101 10371 SMS 55477 b

1    with intent to commit any felony;
2        (4) uses, obtains, records, possesses, sells,
3    transfers, purchases, or manufactures any personal
4    identification information or personal identification
5    document of another knowing that such personal
6    identification information or personal identification
7    documents were stolen or produced without lawful
8    authority;
9        (5) uses, transfers, or possesses document-making
10    implements to produce false identification or false
11    documents with knowledge that they will be used by the
12    person or another to commit any felony;
13        (6) uses any personal identification information or
14    personal identification document of another to portray
15    himself or herself as that person, or otherwise, for the
16    purpose of gaining access to any personal identification
17    information or personal identification document of that
18    person, without the prior express permission of that
19    person;
20        (7) uses any personal identification information or
21    personal identification document of another for the
22    purpose of gaining access to any record of the actions
23    taken, communications made or received, or other
24    activities or transactions of that person, without the
25    prior express permission of that person;
26        (7.5) uses, possesses, or transfers a radio frequency

 

 

SB1695- 26 -LRB101 10371 SMS 55477 b

1    identification device capable of obtaining or processing
2    personal identifying information from a radio frequency
3    identification (RFID) tag or transponder with knowledge
4    that the device will be used by the person or another to
5    commit a felony violation of State law or any violation of
6    this Article; or
7        (8) in the course of applying for a building permit
8    with a unit of local government, provides the license
9    number of a roofing, or fire sprinkler, or fire alarm
10    contractor whom he or she does not intend to have perform
11    the work on the roofing, or fire sprinkler, or fire alarm
12    portion of the project; it is an affirmative defense to
13    prosecution under this paragraph (8) that the building
14    permit applicant promptly informed the unit of local
15    government that issued the building permit of any change in
16    the roofing, or fire sprinkler, or fire alarm contractor.
17    (b) Aggravated identity theft. A person commits aggravated
18identity theft when he or she commits identity theft as set
19forth in subsection (a) of this Section:
20        (1) against a person 60 years of age or older or a
21    person with a disability; or
22        (2) in furtherance of the activities of an organized
23    gang.
24    A defense to aggravated identity theft does not exist
25merely because the accused reasonably believed the victim to be
26a person less than 60 years of age. For the purposes of this

 

 

SB1695- 27 -LRB101 10371 SMS 55477 b

1subsection, "organized gang" has the meaning ascribed in
2Section 10 of the Illinois Streetgang Terrorism Omnibus
3Prevention Act.
4    (c) Knowledge shall be determined by an evaluation of all
5circumstances surrounding the use of the other person's
6identifying information or document.
7    (d) When a charge of identity theft or aggravated identity
8theft of credit, money, goods, services, or other property
9exceeding a specified value is brought, the value of the
10credit, money, goods, services, or other property is an element
11of the offense to be resolved by the trier of fact as either
12exceeding or not exceeding the specified value.
13    (e) Sentence.
14        (1) Identity theft.
15            (A) A person convicted of identity theft in
16        violation of paragraph (1) of subsection (a) shall be
17        sentenced as follows:
18                (i) Identity theft of credit, money, goods,
19            services, or other property not exceeding $300 in
20            value is a Class 4 felony. A person who has been
21            previously convicted of identity theft of less
22            than $300 who is convicted of a second or
23            subsequent offense of identity theft of less than
24            $300 is guilty of a Class 3 felony. A person who
25            has been convicted of identity theft of less than
26            $300 who has been previously convicted of any type

 

 

SB1695- 28 -LRB101 10371 SMS 55477 b

1            of theft, robbery, armed robbery, burglary,
2            residential burglary, possession of burglary
3            tools, home invasion, home repair fraud,
4            aggravated home repair fraud, or financial
5            exploitation of an elderly person or person with a
6            disability is guilty of a Class 3 felony. Identity
7            theft of credit, money, goods, services, or other
8            property not exceeding $300 in value when the
9            victim of the identity theft is an active duty
10            member of the Armed Services or Reserve Forces of
11            the United States or of the Illinois National Guard
12            serving in a foreign country is a Class 3 felony. A
13            person who has been previously convicted of
14            identity theft of less than $300 who is convicted
15            of a second or subsequent offense of identity theft
16            of less than $300 when the victim of the identity
17            theft is an active duty member of the Armed
18            Services or Reserve Forces of the United States or
19            of the Illinois National Guard serving in a foreign
20            country is guilty of a Class 2 felony. A person who
21            has been convicted of identity theft of less than
22            $300 when the victim of the identity theft is an
23            active duty member of the Armed Services or Reserve
24            Forces of the United States or of the Illinois
25            National Guard serving in a foreign country who has
26            been previously convicted of any type of theft,

 

 

SB1695- 29 -LRB101 10371 SMS 55477 b

1            robbery, armed robbery, burglary, residential
2            burglary, possession of burglary tools, home
3            invasion, home repair fraud, aggravated home
4            repair fraud, or financial exploitation of an
5            elderly person or person with a disability is
6            guilty of a Class 2 felony.
7                (ii) Identity theft of credit, money, goods,
8            services, or other property exceeding $300 and not
9            exceeding $2,000 in value is a Class 3 felony.
10            Identity theft of credit, money, goods, services,
11            or other property exceeding $300 and not exceeding
12            $2,000 in value when the victim of the identity
13            theft is an active duty member of the Armed
14            Services or Reserve Forces of the United States or
15            of the Illinois National Guard serving in a foreign
16            country is a Class 2 felony.
17                (iii) Identity theft of credit, money, goods,
18            services, or other property exceeding $2,000 and
19            not exceeding $10,000 in value is a Class 2 felony.
20            Identity theft of credit, money, goods, services,
21            or other property exceeding $2,000 and not
22            exceeding $10,000 in value when the victim of the
23            identity theft is an active duty member of the
24            Armed Services or Reserve Forces of the United
25            States or of the Illinois National Guard serving in
26            a foreign country is a Class 1 felony.

 

 

SB1695- 30 -LRB101 10371 SMS 55477 b

1                (iv) Identity theft of credit, money, goods,
2            services, or other property exceeding $10,000 and
3            not exceeding $100,000 in value is a Class 1
4            felony. Identity theft of credit, money, goods,
5            services, or other property exceeding $10,000 and
6            not exceeding $100,000 in value when the victim of
7            the identity theft is an active duty member of the
8            Armed Services or Reserve Forces of the United
9            States or of the Illinois National Guard serving in
10            a foreign country is a Class X felony.
11                (v) Identity theft of credit, money, goods,
12            services, or other property exceeding $100,000 in
13            value is a Class X felony.
14            (B) A person convicted of any offense enumerated in
15        paragraphs (2) through (7.5) of subsection (a) is
16        guilty of a Class 3 felony. A person convicted of any
17        offense enumerated in paragraphs (2) through (7.5) of
18        subsection (a) when the victim of the identity theft is
19        an active duty member of the Armed Services or Reserve
20        Forces of the United States or of the Illinois National
21        Guard serving in a foreign country is guilty of a Class
22        2 felony.
23            (C) A person convicted of any offense enumerated in
24        paragraphs (2) through (5) and (7.5) of subsection (a)
25        a second or subsequent time is guilty of a Class 2
26        felony. A person convicted of any offense enumerated in

 

 

SB1695- 31 -LRB101 10371 SMS 55477 b

1        paragraphs (2) through (5) and (7.5) of subsection (a)
2        a second or subsequent time when the victim of the
3        identity theft is an active duty member of the Armed
4        Services or Reserve Forces of the United States or of
5        the Illinois National Guard serving in a foreign
6        country is guilty of a Class 1 felony.
7            (D) A person who, within a 12-month period, is
8        found in violation of any offense enumerated in
9        paragraphs (2) through (7.5) of subsection (a) with
10        respect to the identifiers of, or other information
11        relating to, 3 or more separate individuals, at the
12        same time or consecutively, is guilty of a Class 2
13        felony. A person who, within a 12-month period, is
14        found in violation of any offense enumerated in
15        paragraphs (2) through (7.5) of subsection (a) with
16        respect to the identifiers of, or other information
17        relating to, 3 or more separate individuals, at the
18        same time or consecutively, when the victim of the
19        identity theft is an active duty member of the Armed
20        Services or Reserve Forces of the United States or of
21        the Illinois National Guard serving in a foreign
22        country is guilty of a Class 1 felony.
23            (E) A person convicted of identity theft in
24        violation of paragraph (2) of subsection (a) who uses
25        any personal identification information or personal
26        identification document of another to purchase

 

 

SB1695- 32 -LRB101 10371 SMS 55477 b

1        methamphetamine manufacturing material as defined in
2        Section 10 of the Methamphetamine Control and
3        Community Protection Act with the intent to unlawfully
4        manufacture methamphetamine is guilty of a Class 2
5        felony for a first offense and a Class 1 felony for a
6        second or subsequent offense. A person convicted of
7        identity theft in violation of paragraph (2) of
8        subsection (a) who uses any personal identification
9        information or personal identification document of
10        another to purchase methamphetamine manufacturing
11        material as defined in Section 10 of the
12        Methamphetamine Control and Community Protection Act
13        with the intent to unlawfully manufacture
14        methamphetamine when the victim of the identity theft
15        is an active duty member of the Armed Services or
16        Reserve Forces of the United States or of the Illinois
17        National Guard serving in a foreign country is guilty
18        of a Class 1 felony for a first offense and a Class X
19        felony for a second or subsequent offense.
20            (F) A person convicted of identity theft in
21        violation of paragraph (8) of subsection (a) of this
22        Section is guilty of a Class 4 felony.
23        (2) Aggravated identity theft.
24            (A) Aggravated identity theft of credit, money,
25        goods, services, or other property not exceeding $300
26        in value is a Class 3 felony.

 

 

SB1695- 33 -LRB101 10371 SMS 55477 b

1            (B) Aggravated identity theft of credit, money,
2        goods, services, or other property exceeding $300 and
3        not exceeding $10,000 in value is a Class 2 felony.
4            (C) Aggravated identity theft of credit, money,
5        goods, services, or other property exceeding $10,000
6        in value and not exceeding $100,000 in value is a Class
7        1 felony.
8            (D) Aggravated identity theft of credit, money,
9        goods, services, or other property exceeding $100,000
10        in value is a Class X felony.
11            (E) Aggravated identity theft for a violation of
12        any offense enumerated in paragraphs (2) through (7.5)
13        of subsection (a) of this Section is a Class 2 felony.
14            (F) Aggravated identity theft when a person who,
15        within a 12-month period, is found in violation of any
16        offense enumerated in paragraphs (2) through (7.5) of
17        subsection (a) of this Section with identifiers of, or
18        other information relating to, 3 or more separate
19        individuals, at the same time or consecutively, is a
20        Class 1 felony.
21            (G) A person who has been previously convicted of
22        aggravated identity theft regardless of the value of
23        the property involved who is convicted of a second or
24        subsequent offense of aggravated identity theft
25        regardless of the value of the property involved is
26        guilty of a Class X felony.

 

 

SB1695- 34 -LRB101 10371 SMS 55477 b

1(Source: P.A. 99-143, eff. 7-27-15.)
 
2    Section 905. The Consumer Fraud and Deceptive Business
3Practices Act is amended by changing Section 2Z as follows:
 
4    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
5    Sec. 2Z. Violations of other Acts. Any person who knowingly
6violates the Automotive Repair Act, the Automotive Collision
7Repair Act, the Home Repair and Remodeling Act, the Dance
8Studio Act, the Physical Fitness Services Act, the Hearing
9Instrument Consumer Protection Act, the Illinois Union Label
10Act, the Installment Sales Contract Act, the Job Referral and
11Job Listing Services Consumer Protection Act, the Travel
12Promotion Consumer Protection Act, the Credit Services
13Organizations Act, the Automatic Telephone Dialers Act, the
14Pay-Per-Call Services Consumer Protection Act, the Telephone
15Solicitations Act, the Illinois Funeral or Burial Funds Act,
16the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
17Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the
18High Risk Home Loan Act, the Payday Loan Reform Act, the
19Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
203-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
213-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
22Internet Caller Identification Act, paragraph (6) of
23subsection (k) of Section 6-305 of the Illinois Vehicle Code,
24Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,

 

 

SB1695- 35 -LRB101 10371 SMS 55477 b

1or 18d-153 of the Illinois Vehicle Code, Article 3 of the
2Residential Real Property Disclosure Act, the Automatic
3Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
4the Youth Mental Health Protection Act, the Personal
5Information Protection Act, or the Student Online Personal
6Protection Act, or Section 100 of the Fire Alarm Service
7Professional Licensing Act commits an unlawful practice within
8the meaning of this Act.
9(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
10eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
11100-863, eff. 8-14-18.)