HB3735 96TH GENERAL ASSEMBLY

LRB096 04700 ASK 14762 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3735

Introduced 2/25/2009, by Rep. Angelo Saviano

SYNOPSIS AS INTRODUCED:

225 ILCS 320/13.1
225 ILCS 320/16.2 new
225 ILCS 320/42

Amends the Illinois Plumbing License Law. Authorizes a municipality with a population of 500,000 or more to provide for the registration of plumbing contractors by local ordinance. Allows plumbing contractors registered either (i) by the municipality under such an ordinance or (ii) by the Department under the Act to engage in the business of plumbing contractor anywhere in this State. Requires the municipality to maintain a current record of registered plumbing contractors. Preempts home rule with regard to the registration of plumbing contractors. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Plumbing License Law is amended by changing Sections 13.1 and 42 and by adding Section 16.2 as follows:

(225 ILCS 320/13.1)

Sec. 13.1. Plumbing contractors; registration; applications.

(1) All On and after May 1, 2002, all persons or corporations desiring to engage in the business of plumbing contractor, other than any entity that maintains an audited net worth of shareholders' equity equal to or exceeding $100,000,000, shall register in accordance with either the provisions of this Section or an ordinance authorized under Section 16.2 Act.

(2) Application for registration shall be filed with the Department each year, on or before the last day of September, in writing and on forms prepared and furnished by the Department. All plumbing contractor registrations expire on the last day of September of each year.

(3) Applications shall contain the name, address, and telephone number of the person and the plumbing license of (i) the individual, if a sole proprietorship; (ii) the partner, if a partnership; or (iii) an officer, if a corporation. The application shall contain the business name, address, and telephone number, a current copy of the plumbing license, and any other information the Department may require by rule.

(4) Applicants shall submit an original certificate of insurance documenting that the contractor carries general liability insurance with a minimum of $100,000 per occurrence, a minimum of $300,000 aggregate for bodily injury, property damage insurance with a minimum of $50,000 or a minimum of $300,000 combined single limit, and workers compensation insurance with a minimum $500,000 employer's liability. No registration may be issued in the absence of this certificate. Certificates must be in force at all times for registration to remain valid.

(5) Applicants shall submit, on a form provided by the Department, an indemnification bond in the amount of $20,000 or a letter of credit in the same amount for work performed in accordance with this Act and the rules promulgated under this Act.

(6) All employees of a registered plumbing contractor who engage in plumbing work shall be licensed plumbers or apprentice plumbers in accordance with this Act.

(7) Plumbing contractors shall submit an annual registration fee in an amount to be established by rule.

(8) The Department shall be notified in advance of any changes in the business structure, name, or location or of the addition or deletion of the owner or officer who is the licensed plumber listed on the application. Failure to notify the Department of this information is grounds for suspension or revocation of the plumbing contractor's registration.

(9) In the event that the plumber's license on the application for registration of a plumbing contractor is a license issued by the City of Chicago, it shall be the responsibility of the applicant to forward a copy of the plumber's license to the Department, noting the name of the registered plumbing contractor, when it is renewed.

(10) The Department shall maintain a current record of plumbing contractors registered under this Section. The Department shall provide a copy of the record to any municipality that enacts an ordinance under Section 16.2, and shall advise the municipality of changes in the record at least once every 6 months.

(Source: P.A. 94-55, eff. 6-17-05; 94-258, eff. 7-19-05; 95-331, eff. 8-21-07.)

(225 ILCS 320/16.2 new)

Sec. 16.2. Local ordinances; plumbing contractors.

(a) Any municipality having a population of 500,000 or more, by an ordinance containing provisions substantially the same as those in this Act with respect to the registration of plumbing contractors, may provide for the registration of plumbing contractors within that municipality. Upon the effective date of the ordinance, the provisions of this Act relating to the registration of plumbing contractors shall not apply within that municipality except as otherwise provided in this Act.

(b) Any person registered as a plumbing contractor either (i) by the municipality under such an ordinance or (ii) by the Department under Section 13.1 may engage in the business of plumbing contractor anywhere in this State.

(c) A municipality enacting an ordinance under this Section shall maintain a current record of registered plumbing contractors similar to that required of the Department under Section 13.1, and shall provide the Department with a copy of the record. The Department shall be advised of changes in the record at least once every 6 months.

(225 ILCS 320/42)

Sec. 42. Home rule. Pursuant to paragraph (h) of Section 6 of Article VII of the Illinois Constitution of 1970 the power to regulate the licensing of plumbers, to promulgate the promulgation of a minimum plumbing code of standards, and the power to regulate the registration of irrigation contractors and plumbing contractors shall, except as may otherwise be provided within and pursuant to the provisions of Section 16, and Section 16.1, and Section 16.2 of this Act, be exercised by the State and may not be exercised by any unit of local government, including home rule units.

(Source: P.A. 91-678, eff. 1-26-00.)

Section 99. Effective date. This Act takes effect upon becoming law.