093_HB2370

 
                                     LRB093 07632 LRD 11272 b

 1        AN ACT concerning plumbers.

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

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

 6        (225 ILCS 320/5) (from Ch. 111, par. 1104)
 7        Sec. 5.  Advertising.
 8        (a)  Persons  who  advertise  plumbing services shall, at
 9    their place of business, display  the  registration  licensed
10    plumber's  license  of  at  least  one member of the firm or,
11    partnership or officer of the corporation who  is  registered
12    as  a  plumbing  contractor  and  shall  maintain  a register
13    listing  the  names  and  license  numbers  of  all  licensed
14    plumbers  and  all  licensed  apprentice  plumbers  currently
15    employed by them. The number of the registration  license  so
16    displayed   shall   also   be   included  with  the  plumbing
17    identification on vehicles.
18        (b)  No  person  who  provides  plumbing   services   may
19    advertise  those  services unless that person includes in the
20    advertisement  the  registration  license  number   that   is
21    required  to  be  displayed  under  subsection  (a).  Nothing
22    contained  in  this  subsection  requires  the  publisher  of
23    advertising  for  plumbing  services to investigate or verify
24    the accuracy of the registration license number  provided  by
25    the advertiser.
26        (b.5)  Any  person  who  advertises plumbing services (i)
27    who fails to display the registration license number required
28    by subsection (a) in all manners required by that subsection,
29    (ii) who fails to provide a publisher with the correct number
30    under subsection (b), or (iii) who provides a publisher  with
31    a false registration license number or a registration license
 
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 1    number  of  a  person  other than the person designated under
 2    subsection  (a),  or  any  person  who  allows  his  or   her
 3    registration  license number to be displayed or used in order
 4    to allow any other person to  circumvent  any  provisions  of
 5    this  Section  is guilty of a Class A misdemeanor with a fine
 6    of  $1,000,  which  shall  be  subject  to  the   enforcement
 7    provisions  of Section 29 of this Act. Each day that a person
 8    fails to display  the  required  registration  license  under
 9    subsection  (a)  and  each  day that an advertisement runs or
10    each day that a person allows his or her registration license
11    to  be  displayed  or  used  in  violation  of  this  Section
12    constitutes a separate offense.
13        In addition to, and not in lieu  of,  the  penalties  and
14    remedies  provided for in this Section and Section 29 of this
15    Act, any person licensed or registered  under  this  Act  who
16    violates  any  provision  of this Section shall be subject to
17    suspension  or  revocation  of  his   or   her   license   or
18    registration under Section 19 of this Act.
19        (b.10)  In addition to, and not in lieu of, the penalties
20    and  remedies  provided  for in this Section and Sections 19,
21    20, and 29 of this Act, and after notice and  an  opportunity
22    for hearing as provided for in this subsection and Section 19
23    of  this Act, the Department may issue an Order Of Correction
24    to the telecommunications carrier furnishing service  to  any
25    telephone  number  contained  in  a printed advertisement for
26    plumbing services that is found to be  in  violation  of  the
27    provisions  of this subsection. The Order of Correction shall
28    be limited to the telephone number contained in the  unlawful
29    advertisement.   The  Order  of  Correction  shall notify the
30    telecommunications  carrier  to  disconnect   the   telephone
31    service  furnished  to  any telephone number contained in the
32    unlawful advertisement and  that  subsequent  calls  to  that
33    number  shall  not  be  referred  by  the  telecommunications
34    carrier  to  any  new  telephone  number  obtained  by or any
 
                            -3-      LRB093 07632 LRD 11272 b
 1    existing number registered to the person.
 2        If, upon investigation, the Department has probable cause
 3    to believe that a person has placed an advertisement  with  a
 4    telecommunications   carrier   that:  (i)  contains  a  false
 5    registration license number,  (ii)  contains  a  registration
 6    license  number  of a person other than the person designated
 7    under subsection (a), or (iii) is placed or circulated  by  a
 8    person  who  is  not  properly registered licensed under this
 9    Act, the Department shall provide notice to the person of the
10    Department's intent to issue an Order of  Correction  to  the
11    telecommunications   carrier   to  disconnect  the  telephone
12    service furnished to any telephone number  contained  in  the
13    unlawful  advertisement,  and  that  subsequent calls to that
14    number  shall  not  be  referred  by  the  telecommunications
15    carrier to any  new  telephone  number  obtained  by  or  any
16    existing number registered to the person.
17        Notice shall be provided by certified mail or by personal
18    service setting forth the particular reasons for the proposed
19    action and fixing a date, not less than 20 days from the date
20    of  the mailing or service, within which time the person must
21    request a hearing in  writing.  Failure  to  serve  upon  the
22    Department  a  written  request  for  hearing within the time
23    provided in the notice  shall  constitute  a  waiver  of  the
24    person's  right  to  an  administrative hearing. The hearing,
25    findings, and conclusions shall be  in  accordance  with  the
26    provisions  contained  in  Section  19  of  this  Act and the
27    Department's   Rules   of   Practice   and    Procedure    in
28    Administrative  Hearings (77 Ill. Admin. Code 100), which are
29    incorporated by reference herein.
30        Upon  a  finding  that  the  person  has   violated   the
31    provisions of this subsection, the Department shall issue the
32    Order of Correction to the telecommunications carrier. If the
33    telecommunications  carrier fails to comply with the Order of
34    Correction within 20 days  after  the  order  is  final,  the
 
                            -4-      LRB093 07632 LRD 11272 b
 1    Department  shall  inform the Illinois Commerce Commission of
 2    the failure to comply and the  Illinois  Commerce  Commission
 3    shall   require  the  telecommunications  carrier  furnishing
 4    services to that person to disconnect the  telephone  service
 5    furnished  to  the telephone number contained in the unlawful
 6    advertisement and direct that subsequent calls to that number
 7    shall not be referred by the  telecommunications  carrier  to
 8    any  new  telephone number obtained by or any existing number
 9    registered to the person.
10        A person may have his or her telephone services restored,
11    after an Order of Correction has been issued, upon a showing,
12    to the satisfaction of the Department, that he or she  is  in
13    compliance with the provisions of this Act.
14        (c)  The  Department  may  require by rule and regulation
15    additional  information  concerning  licensed  plumbers   and
16    licensed apprentice plumbers maintained in the register.  The
17    Department  shall  have  the  right  to  examine  the payroll
18    records of such persons to  determine  compliance  with  this
19    provision.  The Department's right to examine payroll records
20    is limited solely to those records and does not extend to any
21    other business records.
22    (Source: P.A. 91-184, eff. 1-1-00.)

23        (225 ILCS 320/13.1)
24        Sec.    13.1.     Plumbing   contractors;   registration;
25    applications.
26        (1)  On  and  after  May  1,   2002,   all   persons   or
27    corporations  desiring  to engage in the business of plumbing
28    contractor, other than any entity that maintains  an  audited
29    net  worth  of  shareholders'  equity  equal  to or exceeding
30    $100,000,000,  shall  register   in   accordance   with   the
31    provisions of this Act.
32        (2)  Application for registration shall be filed with the
33    Department  each year, on or before the last day of September
 
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 1    April, in writing and on forms prepared and furnished by  the
 2    Department.   All plumbing contractor registrations expire on
 3    the last day of September April of each year.
 4        (3)  Applications shall contain the  name,  address,  and
 5    telephone  number  of  the person and the plumbing license of
 6    (i) the  individual,  if  a  sole  proprietorship;  (ii)  the
 7    partner,  if  a  partnership;  or  (iii)  an  officer,  if  a
 8    corporation.   The  application  shall  contain  the business
 9    name, address, and telephone number, a current  copy  of  the
10    plumbing  license,  and  any other information the Department
11    may require by rule.
12        (4)  Applicants shall submit an original  certificate  of
13    insurance  documenting  that  the  contractor carries general
14    liability  insurance  with  a   minimum   of   $100,000   per
15    occurrence,   bodily  injury  insurance  with  a  minimum  of
16    $300,000 per occurrence, property  damage  insurance  with  a
17    minimum of $50,000, and workers compensation insurance with a
18    minimum  $500,000.   No  registration  may  be  issued in the
19    absence of this certificate.  Certificates must be  in  force
20    at all times for registration to remain valid.
21        (5)  Applicants  shall  submit, on a form provided by the
22    Department, an indemnification bond in the amount of  $20,000
23    or  a  letter of credit in the same amount for work performed
24    in accordance with this Act and the rules  promulgated  under
25    this Act.
26        (6)  All  employees  of  a registered plumbing contractor
27    who engage in plumbing work shall  be  licensed  plumbers  or
28    apprentice plumbers in accordance with this Act.
29        (7)  Plumbing   contractors   shall   submit   an  annual
30    registration fee in an amount to be established by rule.
31        (8)  The Department shall be notified in advance  of  any
32    changes  in  the  business structure, name, or location or of
33    the addition or deletion of the owner or officer who  is  the
34    licensed  plumber  listed  on  the  application.   Failure to
 
                            -6-      LRB093 07632 LRD 11272 b
 1    notify the Department of  this  information  is  grounds  for
 2    suspension   or   revocation  of  the  plumbing  contractor's
 3    registration.
 4        (9)  In the event  that  the  plumber's  license  on  the
 5    application  for  registration  of a plumbing contractor is a
 6    license issued by the  City  of  Chicago,  it  shall  be  the
 7    responsibility  of  the  applicant  to  forward a copy of the
 8    plumber's license to the Department, noting the name  of  the
 9    registered plumbing contractor, when it is renewed.
10    (Source: P.A. 92-338, eff. 8-10-01.)

11        (225 ILCS 320/42)
12        Sec. 42.  Home rule. Pursuant to paragraph (h) of Section
13    6  of  Article  VII  of the Illinois Constitution of 1970 the
14    power to regulate the licensing of  plumbers,  to  promulgate
15    the promulgation of a minimum plumbing code of standards, and
16    the   power   to  regulate  the  registration  of  irrigation
17    contractors and plumbing contractors  shall,  except  as  may
18    otherwise  be  provided within and pursuant to the provisions
19    of Section 16 and Section 16.1 of this Act, be  exercised  by
20    the  State  and  may  not  be  exercised by any unit of local
21    government, including home rule units.
22    (Source: P.A. 91-678, eff. 1-26-00.)