Full Text of HB0691 102nd General Assembly
HB0691eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.32 and by adding Section 4.41 as follows: | 6 | | (5 ILCS 80/4.32) | 7 | | Sec. 4.32. Acts repealed on January 1, 2022. The following | 8 | | Acts are repealed on January 1, 2022: | 9 | | The Boxing and Full-contact Martial Arts Act. | 10 | | The Cemetery Oversight Act. | 11 | | The Collateral Recovery Act. | 12 | | The Community Association Manager Licensing and | 13 | | Disciplinary Act. | 14 | | The Crematory Regulation Act. | 15 | | The Detection of Deception Examiners Act.
| 16 | | The Home Inspector License Act.
| 17 | | The Illinois Health Information Exchange and Technology | 18 | | Act. | 19 | | The Medical Practice Act of 1987. | 20 | | The Registered Interior Designers Act.
| 21 | | The Massage Licensing Act.
| 22 | | The Petroleum Equipment Contractors Licensing Act.
| 23 | | The Radiation Protection Act of 1990. |
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| 1 | | The Real Estate Appraiser Licensing Act of 2002. | 2 | | The Water Well and Pump Installation Contractor's License | 3 | | Act. | 4 | | (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; | 5 | | 101-614, eff. 12-20-19; 101-639, eff. 6-12-20.) | 6 | | (5 ILCS 80/4.41 new) | 7 | | Sec. 4.41. Act repealed on January 1, 2032. The following | 8 | | Act is repealed on January 1, 2032: | 9 | | The Petroleum Equipment Contractors Licensing Act. | 10 | | Section 10. The Petroleum Equipment Contractors Licensing | 11 | | Act is amended by changing Sections 35, 45, 60, and 65 and by | 12 | | adding Section 73 as follows:
| 13 | | (225 ILCS 729/35)
| 14 | | (Section scheduled to be repealed on January 1, 2022)
| 15 | | Sec. 35. Licensure qualifications and fees.
| 16 | | (a) Applicants for a license must submit to the Office all | 17 | | of the following:
| 18 | | (1) fees as established by the Office;
| 19 | | (2) evidence of current registration as an Illinois | 20 | | corporation or other business entity and, when applicable, | 21 | | evidence of
compliance with the Assumed Business Name Act ; | 22 | | if the corporation or business entity does not have | 23 | | evidence of current registration, such as a Secretary of |
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| 1 | | State issued Certificate of Good Standing, the Office has | 2 | | the authority to deny or revoke the license of such a | 3 | | corporation or business entity ;
| 4 | | (3) evidence of financial responsibility in a minimum | 5 | | amount of $1,000,000
through liability insurance, | 6 | | self-insurance, group insurance, group
self-insurance, or | 7 | | risk retention groups that must
include completed | 8 | | operations and environmental impairment; and
| 9 | | (4) evidence of compliance with the qualifications and | 10 | | standards
established by the Office.
| 11 | | (b) The contractor must possess a license
from the Office | 12 | | to perform the following
types of activity:
| 13 | | (1) installation of underground storage tanks;
| 14 | | (2) repair of USTs, which shall include retrofitting | 15 | | and installation of
cathodic protection systems;
| 16 | | (3) decommissioning of USTs including abandonment in | 17 | | place;
| 18 | | (4) relining of USTs;
| 19 | | (5) tank and piping tightness testing;
| 20 | | (6) testing of cathodic protection systems; and
| 21 | | (7) any other category established by the Office of | 22 | | the State Fire
Marshal.
| 23 | | (c) (Blank).
| 24 | | (Source: P.A. 97-428, eff. 8-16-11.)
| 25 | | (225 ILCS 729/45)
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| 1 | | (Section scheduled to be repealed on January 1, 2022)
| 2 | | Sec. 45. Issuance of license; renewal.
| 3 | | (a) The State Fire Marshal shall, upon the applicant's | 4 | | satisfactory
completion
of
the requirements authorized under | 5 | | this Act, and upon receipt of the requisite
fees, issue
the | 6 | | appropriate license showing the name and business location
of | 7 | | the
licensee and the dates of issuance and expiration.
| 8 | | (b) Each licensee may apply for renewal of his or her | 9 | | license upon payment
of the
requisite
fee. The expiration date | 10 | | and renewal period for each license issued under this
Act | 11 | | shall
be set by rule. Failure to renew by the expiration date | 12 | | shall cause the
license to lapse.
A lapsed license may not be | 13 | | reinstated until an a written application is filed,
the | 14 | | renewal fee
is paid, and a $50 reinstatement fee is paid. The | 15 | | renewal and reinstatement
fees shall be
waived for persons who | 16 | | did not renew while on active duty in the military and
who file
| 17 | | for renewal or restoration within one year after discharge | 18 | | from the active duty
service.
| 19 | | (c) All fees paid pursuant to this Act are non-refundable. | 20 | | This shall not preclude the State Fire Marshal from refunding | 21 | | accidental overpayment of fees.
| 22 | | (Source: P.A. 97-428, eff. 8-16-11.)
| 23 | | (225 ILCS 729/60)
| 24 | | (Section scheduled to be repealed on January 1, 2022)
| 25 | | Sec. 60. License renewal; display of license; inspection.
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| 1 | | (a) As a condition of renewal of a license, the State Fire | 2 | | Marshal may
require
the
licensee to report information | 3 | | pertaining to his or her practice that the State
Fire
Marshal
| 4 | | determines to be in the interest of public safety.
| 5 | | (b) A licensee shall report a change in home or office | 6 | | address within 10
days.
| 7 | | (c) Each licensee shall prominently display his or her | 8 | | license to practice
at
each
place from which the practice is | 9 | | being performed. If more than one location is
used,
branch | 10 | | office certificates shall be issued upon payment of the fees | 11 | | to be
established by
the State Fire Marshal.
| 12 | | (d) If a license or certificate is lost, a duplicate shall | 13 | | be issued upon
payment of
the required fee to be established by | 14 | | the State Fire Marshal. If a licensee
wishes to
change his or | 15 | | her name, the State Fire Marshal shall issue a license in the | 16 | | new
name
upon
payment of the required fee and upon receipt of | 17 | | satisfactory proof that the
change was
done in accordance with | 18 | | law.
| 19 | | (e) Each licensee shall permit his or her facilities to be | 20 | | inspected by
representatives of
the Office of the State Fire | 21 | | Marshal.
| 22 | | (Source: P.A. 97-428, eff. 8-16-11.)
| 23 | | (225 ILCS 729/65)
| 24 | | (Section scheduled to be repealed on January 1, 2022)
| 25 | | Sec. 65. Disciplinary actions. Licensees shall be subject |
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| 1 | | to
disciplinary
action for any of the following:
| 2 | | (1) obtaining or renewing a license by the use of | 3 | | fraud or material
deception;
| 4 | | (2) being professionally incompetent as manifested by | 5 | | poor standards of
service;
| 6 | | (3) engaging in dishonorable, unethical, or | 7 | | unprofessional conduct of a
character likely to deceive, | 8 | | defraud, or harm the public in the course of
professional
| 9 | | services or activities;
| 10 | | (4) being convicted of a crime that has a substantial | 11 | | relationship to his
or
her
practice
or an essential | 12 | | element of which is misstatement, fraud, or dishonesty,
| 13 | | being convicted in this
or another state of any crime that | 14 | | is a felony under the laws of Illinois or of
that state, or | 15 | | being convicted
of
a felony in a federal court, unless the | 16 | | licensee demonstrates that he or she
has been
sufficiently
| 17 | | rehabilitated to warrant the public trust;
| 18 | | (5) performing any service in a grossly negligent | 19 | | manner or permitting
any licensed employee to perform | 20 | | services in a grossly negligent manner,
regardless of
| 21 | | whether actual damage or damage to the public is | 22 | | established;
| 23 | | (6) (blank); being a habitual drunk or having a | 24 | | habitual addiction to the use of
morphine,
cocaine, | 25 | | controlled substances, or other habit-forming drugs;
| 26 | | (7) willfully receiving compensation, directly or |
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| 1 | | indirectly, for any
professional service not actually | 2 | | rendered;
| 3 | | (8) having disciplinary action taken against his or | 4 | | her license in another
State;
| 5 | | (9) contracting or assisting unlicensed persons to | 6 | | perform services for
which a license is required under | 7 | | this Act;
| 8 | | (10) permitting the use of his or her license to | 9 | | enable an unlicensed
person or agency to operate as a | 10 | | licensee;
| 11 | | (11) performing and charging for services without | 12 | | having authorization to
do so from the member of the | 13 | | public being served; or
| 14 | | (12) failing to comply with any provision of this Act | 15 | | or the rules
adopted under this Act.
| 16 | | (Source: P.A. 92-618, eff. 7-11-02 .)
| 17 | | (225 ILCS 729/73 new) | 18 | | Sec. 73. Citations. | 19 | | (a) The Office of the State Fire Marshal may adopt rules to | 20 | | permit the issuance of citations for certain violations of | 21 | | this Act or the rules adopted under this Act. The citation | 22 | | shall be issued to the licensee and shall contain the | 23 | | licensee's name and address, the licensee's license number, a | 24 | | brief factual statement, the Sections of the law or rules | 25 | | allegedly violated, and the penalty imposed. The citation must |
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| 1 | | clearly state that the licensee may choose, in lieu of | 2 | | accepting the citation, to request a hearing to appeal the | 3 | | citation. If the licensee does not file a written appeal of the | 4 | | citation with the Office of the State Fire Marshal within 15 | 5 | | days after the citation is served, then the citation shall | 6 | | become a final order imposing a monetary penalty. The penalty | 7 | | shall be a monetary civil fine. In the event of a timely | 8 | | written appeal, the Office of the State Fire Marshal shall | 9 | | conduct an administrative hearing governed by the Illinois | 10 | | Administrative Procedure Act and enter an order to sustain, | 11 | | modify, or revoke such citation. Any appeal from such hearing | 12 | | order shall be to the circuit court of the county in which the | 13 | | violation took place and shall be governed by the | 14 | | Administrative Review Law. | 15 | | (b) The Office of the State Fire Marshal shall adopt rules | 16 | | designating violations for which a citation may be issued, | 17 | | which may specify separate hearing procedures for appeals of | 18 | | such citations so long as the hearing procedures are not | 19 | | inconsistent with the Illinois Administrative Procedure Act. | 20 | | (c) Service of a citation may be made by personal service | 21 | | or certified mail to the licensee at the licensee's last known | 22 | | address as listed with the Office of the State Fire Marshal.
| 23 | | Section 99. Effective date. This Act takes effect January | 24 | | 1, 2022, except that this Section and Section 5 take effect | 25 | | upon becoming law.
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