093_SB0852ham001

 










                                     LRB093 03047 LRD 16917 a

 1                    AMENDMENT TO SENATE BILL 852

 2        AMENDMENT NO.     .  Amend Senate Bill 852  by  replacing
 3    the title with the following:
 4        "AN ACT concerning local government."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Illinois Plumbing License Law is amended
 8    by changing Sections 13.1, 18, 37, and 42 as follows:

 9        (225 ILCS 320/13.1)
10        Sec.   13.1.    Plumbing    contractors;    registration;
11    applications.
12        (1)  On   and   after   May   1,  2002,  all  persons  or
13    corporations desiring to engage in the business  of  plumbing
14    contractor,  other  than any entity that maintains an audited
15    net worth of  shareholders'  equity  equal  to  or  exceeding
16    $100,000,000,   shall   register   in   accordance  with  the
17    provisions of this Act.
18        (2)  Application for registration shall be filed with the
19    Department each year, on or before the last day of  September
20    April,  in writing and on forms prepared and furnished by the
21    Department.  All plumbing contractor registrations expire  on
 
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 1    the last day of September April of each year.
 2        (3)  Applications  shall  contain  the name, address, and
 3    telephone number of the person and the  plumbing  license  of
 4    (i)  the  individual,  if  a  sole  proprietorship;  (ii) the
 5    partner,  if  a  partnership;  or  (iii)  an  officer,  if  a
 6    corporation.  The  application  shall  contain  the  business
 7    name,  address,  and  telephone number, a current copy of the
 8    plumbing license, and any other  information  the  Department
 9    may require by rule.
10        (4)  Applicants  shall  submit an original certificate of
11    insurance documenting that  the  contractor  carries  general
12    liability   insurance   with   a   minimum  of  $100,000  per
13    occurrence,  bodily  injury  insurance  with  a  minimum   of
14    $300,000 aggregate for bodily injury per occurrence, property
15    damage  insurance  with  a minimum of $50,000 or a minimum of
16    $300,000 combined  single  limit,  and  workers  compensation
17    insurance  with  a minimum $500,000 employer's liability.  No
18    registration  may  be  issued  in   the   absence   of   this
19    certificate.   Certificates must be in force at all times for
20    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
 
                            -3-      LRB093 03047 LRD 16917 a
 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 320/18) (from Ch. 111, par. 1117)
12        Sec. 18.  Local regulation; Department standards.
13        (1)  It is hereby declared to be the policy of this State
14    that each city, town, village,  township  or  county  with  a
15    water  supply system or sewage disposal system or both should
16    so soon after the enactment of this Act as practicable,  with
17    the  advice of the State Department of Public Health, provide
18    by  ordinance,  bylaws  or  rules  and  regulations  for  the
19    materials, construction, alteration, and  inspection  of  all
20    plumbing  placed in or in connection with any building in any
21    such city, town, village, township, or county and to  provide
22    for  and  appoint  a  competent Plumbing Inspector or more as
23    required. The Department  may  by  rule  establish  voluntary
24    standards  for  the  content  and  conduct  of local plumbing
25    regulation and  inspection  programs  and  may  evaluate  and
26    certify  local  programs  that  are  in  compliance  with the
27    voluntary standards. The Department  may  by  rule  establish
28    voluntary  education,  training, and experience standards for
29    Plumbing Inspectors and may certify Plumbing  Inspectors  who
30    are  in  compliance  with  the  voluntary  standards. Nothing
31    contained in this Act shall prohibit any city, town, village,
32    township or county from providing for a Plumbing Inspector or
33    from requiring permits for the  installation  and  repair  of
 
                            -4-      LRB093 03047 LRD 16917 a
 1    plumbing  and  collecting  a  fee therefor, but a city, town,
 2    village, township, or  county  that  requires  a  permit  for
 3    installation and repair of plumbing may not issue that permit
 4    without  verification that the applicant has a valid plumbing
 5    license or that the applicant is  the  owner  occupant  of  a
 6    single  family  residence  that is the subject of the permit.
 7    For the purpose of this Section, the term "occupant" has  the
 8    same  meaning  as in subsection (2) of Section 3 of this Act.
 9    No person shall be appointed as a Plumbing Inspector  who  is
10    not  a  licensed  plumber  under  this Act, including persons
11    employed as Plumbing Inspectors in home rule units.
12        (2)  The  Department  of  Public  Health  shall   conduct
13    inquiry in any city, town, village, township, or county or at
14    any other place in the State when reasonably necessary in the
15    judgment  of  the Director of the Department of Public Health
16    to safeguard the health of any  person  or  persons  in  this
17    State,  on account of piping or appurtenant appliances within
18    any building, or outside, when such piping and appliances are
19    for the use of plumbing as defined in this Act  and  for  the
20    use of carrying sewage or waste within or from any building.
21        The   Department   of  Public  Health  may  conduct  such
22    inquiries in any city, town, village, township or  county  in
23    this State by directing the Plumbing Inspector thereof to aid
24    in  or conduct such inquiry or investigation in behalf of the
25    Department of Public  Health  or  the  Department  of  Public
26    Health  may designate some other person or persons to conduct
27    such investigation.
28    (Source: P.A. 90-714, eff. 8-7-98.)

29        (225 ILCS 320/37) (from Ch. 111, par. 1135)
30        Sec. 37.  Each governmental unit which is  authorized  to
31    adopt  and has adopted any ordinance or resolution regulating
32    plumbing may provide for its administration  and  enforcement
33    by  requiring  permits  for any plumbing system installation,
 
                            -5-      LRB093 03047 LRD 16917 a
 1    the inspection of plumbing system installations by inspectors
 2    who are licensed as plumbers in accordance with the  Illinois
 3    Plumbing  License  Law,  and  the  issue  of  certificates of
 4    approval  or  compliance  which  shall  be  evidence  that  a
 5    plumbing system has been installed  in  compliance  with  the
 6    Code of standards so adopted.
 7        In  any  municipality  in a county with a population over
 8    500,000, a letter  of  intent  shall  be  included  with  all
 9    plumbing permit applications.  The letter shall be written on
10    the  licensed  plumber  of  record's  personal stationary and
11    shall include the license holder's  signature  and  corporate
12    seal.   A  home  rule unit in a county with a population over
13    500,000 may not  regulate  the  information  required  to  be
14    included  with  an  application  for  a  plumbing permit in a
15    manner less restrictive than this Section.  This Section is a
16    limitation under subsection (i) of Section 6 of  Article  VII
17    of  the  Illinois  Constitution on the concurrent exercise by
18    home rule units of powers  and  functions  exercised  by  the
19    State.
20        A  governmental unit authorized to adopt regulations may,
21    by ordinance or resolution, prescribe reasonable fees for the
22    issue  of  permits  for  installation  work,  the  issue   of
23    certificates   of   compliance   or  approval,  and  for  the
24    inspection of plumbing installations.
25    (Source: P.A. 79-1000.)

26        (225 ILCS 320/42)
27        Sec. 42.  Home rule. Pursuant to paragraph (h) of Section
28    6 of Article VII of the Illinois  Constitution  of  1970  the
29    power  to  regulate  the licensing of plumbers, to promulgate
30    the promulgation of a minimum plumbing code of standards, and
31    the  power  to  regulate  the  registration   of   irrigation
32    contractors  and  plumbing  contractors  shall, except as may
33    otherwise be provided within and pursuant to  the  provisions
 
                            -6-      LRB093 03047 LRD 16917 a
 1    of  Section  16 and Section 16.1 of this Act, be exercised by
 2    the State and may not be  exercised  by  any  unit  of  local
 3    government, including home rule units.
 4    (Source: P.A. 91-678, eff. 1-26-00.)

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