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Public Act 103-0026

 

Public Act 0026 103RD GENERAL ASSEMBLY

  
  
  
 

 
Public Act 103-0026
 
HB2145 EnrolledLRB103 28765 AMQ 55148 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Department of Professional Regulation Law 
of the
Civil Administrative Code of Illinois is amended  by 
changing Sections 2105-15 and 2105-207 as follows:
 

    (20 ILCS 2105/2105-15)

   
    Sec. 2105-15. General powers and duties. 

    (a) The Department has, subject to the provisions of the 
Civil
Administrative Code of Illinois, the following powers 
and duties:

        (1) To authorize examinations in English to ascertain 
    the qualifications
and fitness of applicants to exercise 
    the profession, trade, or occupation for
which the 
    examination is held.

        (2) To prescribe rules and regulations for a fair and 
    wholly
impartial method of examination of candidates to 
    exercise the respective
professions, trades, or 
    occupations.

        (3) To pass upon the qualifications of applicants for 
    licenses,
certificates, and authorities, whether by 
    examination, by reciprocity, or by
endorsement.

        (4) To prescribe rules and regulations defining, for 
    the
respective
professions, trades, and occupations, what 
    shall constitute a school,
college, or university, or 
    department of a university, or other
institution, 
    reputable and in good standing, and to determine the

    reputability and good standing of a school, college, or 
    university, or
department of a university, or other 
    institution, reputable and in good
standing, by reference 
    to a compliance with those rules and regulations;

    provided, that no school, college, or university, or 
    department of a
university, or other institution that 
    refuses admittance to applicants
solely on account of 
    race, color, creed, sex, sexual orientation, or national 
    origin shall be
considered reputable and in good standing.

        (5) To conduct hearings on proceedings to revoke, 
    suspend, refuse to
renew, place on probationary status, or 
    take other disciplinary action
as authorized in any 
    licensing Act administered by the Department
with regard 
    to licenses, certificates, or authorities of persons

    exercising the respective professions, trades, or 
    occupations and to
revoke, suspend, refuse to renew, place 
    on probationary status, or take
other disciplinary action 
    as authorized in any licensing Act
administered by the 
    Department with regard to those licenses,
certificates, or 
    authorities.  
        The Department shall issue a monthly
disciplinary 
    report.  
        The Department shall refuse to issue or renew a 
    license to,
or shall suspend or revoke a license of, any 
    person who, after receiving
notice, fails to comply with a 
    subpoena or warrant relating to a paternity or
child 
    support proceeding.  However, the Department may issue a 
    license or
renewal upon compliance with the subpoena or 
    warrant.

        The Department, without further process or hearings, 
    shall revoke, suspend,
or deny any license or renewal 
    authorized by the Civil Administrative Code of
Illinois to 
    a person who is certified by the Department of Healthcare 
    and Family Services (formerly Illinois Department of 
    Public Aid)
as being more than 30 days delinquent in 
    complying with a child support order
or who is certified 
    by a court as being in violation of the Non-Support

    Punishment Act for more than 60 days.  The Department may, 
    however, issue a
license or renewal if the person has 
    established a satisfactory repayment
record as determined 
    by the Department of Healthcare and Family Services 
    (formerly
Illinois Department of Public Aid) or if the 
    person
is determined by the court to be in compliance with 
    the Non-Support Punishment
Act.  The Department may 
    implement this paragraph as added by Public Act 89-6

    through the use of emergency rules in accordance with 
    Section 5-45 of the
Illinois Administrative Procedure Act.  
    For purposes of the Illinois
Administrative Procedure Act, 
    the adoption of rules to implement this
paragraph shall be 
    considered an emergency and necessary for the public

    interest, safety, and welfare.

        (6) To transfer jurisdiction of any realty under the 
    control of the
Department to any other department of the 
    State Government or to acquire
or accept federal lands 
    when the transfer, acquisition, or acceptance is

    advantageous to the State and is approved in writing by 
    the Governor.

        (7) To formulate rules and regulations necessary for 
    the enforcement of
any Act administered by the Department.

        (8) To exchange with the Department of Healthcare and 
    Family Services information
that may be necessary for the 
    enforcement of child support orders entered
pursuant to 
    the Illinois Public Aid Code, the Illinois Marriage and 
    Dissolution
of Marriage Act, the Non-Support of Spouse and 
    Children Act, the Non-Support
Punishment Act, the Revised 
    Uniform Reciprocal Enforcement of Support Act, the
Uniform 
    Interstate Family Support Act, the Illinois Parentage Act 
    of 1984, or the Illinois Parentage Act of 2015.

    Notwithstanding any provisions in this Code to the 
    contrary, the Department of
Professional Regulation shall 
    not be liable under any federal or State law to
any person 
    for any disclosure of information to the Department of 
    Healthcare and Family Services (formerly Illinois 
    Department of
Public Aid)
under this paragraph (8) or for 
    any other action taken in good faith
to comply with the 
    requirements of this paragraph (8).

        (8.3)   To exchange information with the Department of 
    Human Rights regarding recommendations received under 
    paragraph (B) of Section 8-109 of the Illinois Human 
    Rights Act regarding a licensee or candidate for licensure 
    who has committed a civil rights violation that may lead 
    to the refusal, suspension, or revocation of a license 
    from the Department. 
        (8.5) To accept continuing education credit for 
    mandated reporter training on how to recognize and report 
    child abuse offered by the Department of Children and 
    Family Services and completed by any person who holds a 
    professional license issued by the Department and who is a  
    mandated reporter under the Abused and Neglected Child 
    Reporting Act.   The Department shall adopt any rules 
    necessary to implement this paragraph. 
        (9) To perform other duties prescribed
by law.

    (a-5) Except in cases involving delinquency in complying 
with a child support order or violation of the Non-Support 
Punishment Act and notwithstanding anything that may appear in 
any individual licensing Act or administrative rule, no person 
or entity whose license, certificate, or authority has been 
revoked as authorized in any licensing Act administered by the 
Department may apply for restoration of that license, 
certification, or authority until 3 years after the effective 
date of the revocation. 
    (b) (Blank).

    (c) For the purpose of securing and preparing evidence, 
and for the purchase
of controlled substances, professional 
services, and equipment necessary for
enforcement activities, 
recoupment of investigative costs, and other activities

directed at suppressing the misuse and abuse of controlled 
substances,
including those activities set forth in Sections 
504 and 508 of the Illinois
Controlled Substances Act, the 
Director and agents appointed and authorized by
the Director 
may expend sums from the Professional Regulation Evidence Fund

that the Director deems necessary from the amounts 
appropriated for that
purpose.  Those sums may be advanced to 
the agent when the Director deems that
procedure to be in the 
public interest.  Sums for the purchase of controlled

substances, professional services, and equipment necessary for 
enforcement
activities and other activities as set forth in 
this Section shall be advanced
to the agent who is to make the 
purchase from the Professional Regulation
Evidence Fund on 
vouchers signed by the Director.  The Director and those
agents 
are authorized to maintain one or more commercial checking 
accounts with
any State banking corporation or corporations 
organized under or subject to the
Illinois Banking Act for the 
deposit and withdrawal of moneys to be used for
the purposes 
set forth in this Section; provided, that no check may be 
written
nor any withdrawal made from any such account except 
upon the written
signatures of 2 persons designated by the 
Director to write those checks and
make those withdrawals.  
Vouchers for those expenditures must be signed by the

Director.  All such expenditures shall be audited by the 
Director, and the
audit shall be submitted to the Department 
of Central Management Services for
approval.

    (d) Whenever the Department is authorized or required by 
law to consider
some aspect of criminal history record 
information for the purpose of carrying
out its statutory 
powers and responsibilities, then, upon request and payment
of 
fees in conformance with the requirements of Section 2605-400 
of the Illinois
 State Police Law, the Illinois State
Police is 
authorized to furnish, pursuant to positive identification, 
the
information contained in State files that is necessary to 
fulfill the request.

    (e) The provisions of this Section do not apply to private 
business and
vocational schools as defined by Section 15 of 
the Private Business and
Vocational Schools Act of 2012.

    (f) (Blank).

    (f-5) Notwithstanding anything that may appear in any 
individual licensing statute or administrative rule, the 
Department shall allow an applicant to provide his or her 
individual taxpayer identification number as an alternative to 
providing a social security number when applying for a 
license.
    (g) Notwithstanding anything that may appear in any 
individual licensing statute or administrative rule, the 
Department shall deny any license application or renewal 
authorized under any licensing Act administered by the 
Department to any person who has failed to file a return, or to 
pay the tax, penalty, or interest shown in a filed return, or 
to pay any final assessment of tax, penalty, or interest, as 
required by any tax Act administered by the Illinois 
Department of Revenue, until such time as the requirement of 
any such tax Act are satisfied; however, the Department may 
issue a license or renewal if the person has established a 
satisfactory repayment record as determined by the Illinois 
Department of Revenue. For the purpose of this Section, 
"satisfactory repayment record" shall be defined by rule.

    In addition, a complaint filed with the Department by the 
Illinois Department of Revenue that includes a certification, 
signed by its Director or designee, attesting to the amount of 
the unpaid tax liability or the years for which a return was 
not filed, or both, is prima facie evidence of the licensee's 
failure to comply with the tax laws administered by the 
Illinois Department of Revenue. Upon receipt of that 
certification, the Department shall, without a hearing, 
immediately suspend all licenses held by the licensee.  
Enforcement of the Department's order shall be stayed for 60 
days. The Department shall provide notice of the suspension  to 
the licensee by mailing a copy of the Department's order to the 
licensee's address of record or emailing a copy of the order to 
the licensee's email address of record. The notice shall 
advise the licensee that the suspension shall be effective 60 
days after the issuance of the Department's order unless the 
Department receives, from the licensee, a request for a 
hearing before the Department to dispute the matters contained 
in the order.

    Any suspension imposed under this subsection (g) shall be 
terminated by the Department upon notification from the 
Illinois Department of Revenue that the licensee is in 
compliance with all tax laws administered by the Illinois 
Department of Revenue.

    The Department may promulgate rules for the administration 
of this subsection (g).

    (g-5) Notwithstanding anything that may appear in any 
individual licensing statute or administrative rule, the 
Department shall refuse the issuance or renewal of a license 
to, or suspend or revoke the license of, any individual, 
corporation, partnership, or other business entity that has 
been found by the Illinois Workers' Compensation Commission or 
the Department of Insurance to have failed to (i) secure 
workers' compensation obligations in the manner required by 
subsections (a) and (b) of Section 4 of the Workers' 
Compensation Act, (ii) pay in full a fine or penalty imposed 
due to a failure to secure workers' compensation obligations 
in the manner required by subsections (a) and (b) of Section 4 
of the Workers' Compensation Act, or (iii) fulfill all 
obligations assumed pursuant to a settlement reached with the 
Illinois Workers' Compensation Commission or the Department of 
Insurance relating to a failure to secure workers' 
compensation obligations in the manner required by subsections 
(a) and (b) of Section 4 of the Workers' Compensation Act.  No 
initial or renewal license shall be issued, and no suspended 
license shall be reinstated, until such time that the 
Department is notified by the Illinois Workers' Compensation 
Commission or the Department of Insurance that the licensee's 
or applicant's failure to comply with subsections (a) and (b) 
of Section 4 of the Workers' Compensation Act has been 
corrected or otherwise resolved to satisfaction of the 
Illinois Workers' Compensation Commission or the Department of 
Insurance. 
    In addition, a complaint filed with the Department by the 
Illinois Workers' Compensation Commission or the Department of 
Insurance that includes a certification, signed by its 
Director or Chairman, or the Director or Chairman's designee, 
attesting to a finding of the failure to secure workers' 
compensation obligations in the manner required by subsections 
(a) and (b) of Section 4 of the Workers' Compensation Act or 
the failure to pay any fines or penalties or to discharge any 
obligation under a settlement relating to the failure to 
secure workers' compensation obligations in the manner 
required by subsections (a) and (b) of Section 4 of the 
Workers' Compensation Act is prima facie evidence of the 
licensee's or applicant's failure to comply with subsections 
(a) and (b) of Section 4 of the Workers' Compensation Act.  Upon 
receipt of that certification, the Department shall, without a 
hearing, immediately suspend all licenses held by the licensee 
or the processing of any application from the applicant.  
Enforcement of the Department's order shall be stayed for 60 
days.  The Department shall provide notice of the suspension to 
the licensee by mailing a copy of the Department's order to the 
licensee's address of record or emailing a copy of the order to 
the licensee's email address of record.  The notice shall 
advise the licensee that the suspension shall be effective 60 
days after the issuance of the Department's order unless the 
Department receives from the licensee or applicant a request 
for a hearing before the Department to dispute the matters 
contained in the order. 
    Any suspension imposed under this subsection shall be 
terminated by the Department upon notification from the 
Illinois Workers' Compensation Commission or the Department of 
Insurance that the licensee's or applicant's failure to comply 
with subsections (a) and (b) of Section 4 of the Workers' 
Compensation Act has been corrected or otherwise resolved to 
the satisfaction of the Illinois Workers' Compensation 
Commissions or the Department of Insurance.
    No license shall be suspended or revoked until after the 
licensee is afforded any  due process protection guaranteed by 
statute or rule adopted by the Workers' Compensation 
Commission or the Department of Insurance. 
    The Department may adopt rules for the administration of 
this subsection. 
    (h) The Department may grant the title "Retired", to be 
used immediately adjacent to the title of a profession 
regulated by the Department, to eligible retirees. For 
individuals licensed under the Medical Practice Act of 1987, 
the title "Retired" may be used in the profile required by the 
Patients' Right to Know Act. The use of the title "Retired" 
shall not constitute representation of current licensure, 
registration, or certification. Any person without an active 
license, registration, or certificate in a profession that 
requires licensure, registration, or certification shall not 
be permitted to practice that profession.
    (i) The Department shall make available on its website 
general information explaining how the Department utilizes 
criminal history information in making licensure application 
decisions, including a list of enumerated offenses that serve 
as a statutory bar to licensure.
(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 
102-538, eff. 8-20-21.)

  
 
    (20 ILCS 2105/2105-207)
    Sec. 2105-207. Records of Department actions.
    (a)  Any licensee subject to a licensing Act administered 
by the Department Division of Professional Regulation and who 
has been subject to disciplinary action by the Department may 
file an application with the Department on forms provided by 
the Department, along with the required fee of $175, to have 
the records classified as confidential, not for public 
release, and considered expunged for reporting purposes if:
        (1)  the application is submitted more than 3 years 
    after the disciplinary offense or offenses occurred or 
    after restoration of the license, whichever is later;
        (2)  the licensee has had no incidents of discipline 
    under the licensing Act since the disciplinary offense or 
    offenses identified in the application occurred;
        (3)  the Department has no pending investigations 
    against the licensee; and
        (4)  the licensee is not currently in a disciplinary 
    status.
    (b) An application to make disciplinary records 
confidential shall only be considered by the Department for an 
offense or action relating to:
        (1)  failure to pay taxes;
        (2)  continuing education;
        (3)  failure to renew a license on time;
        (4)  failure to obtain or renew a certificate of 
    registration or ancillary license;
        (5)  advertising;
        (5.1) discipline based on criminal charges or 
    convictions: 
            (A) that did not arise from the licensed activity 
        and was unrelated to the licensed activity; or 
            (B) that were dismissed or for which records have 
        been sealed or expunged;
        (5.2) past probationary status of a license issued to 
    new applicants on the sole or partial basis of prior 
    convictions; or 
        (6)  any grounds for discipline removed from the 
    licensing Act; .
        (7) failure to comply with workers' compensation 
    requirements; or 
        (8) reprimand of a licensee. 
    (c)  An application shall be submitted to and considered by 
the Director of the Division of Professional Regulation upon 
submission of an application and the required non-refundable 
fee.  The Department may establish additional requirements by 
rule.  The Department is not required to report the removal of 
any disciplinary record to any national database.  Nothing in 
this Section shall prohibit the Department from using a 
previous discipline for any regulatory purpose or from 
releasing records of a previous discipline upon request from 
law enforcement, or other governmental body as permitted by 
law.  Classification of records as confidential shall result in 
removal of records of discipline from records kept pursuant to 
Sections 2105-200 and 2105-205 of this Act. 

    (d)    Any applicant for licensure or a licensee whose 
petition for review is granted by the Department pursuant to 
subsection (a-1) of Section 2105-165 of this Law may file an 
application with the Department on forms provided by the 
Department to have records relating to his or her permanent 
denial or permanent revocation classified as confidential and 
not for public release and considered expunged for reporting 
purposes in the same manner and under the same terms as is 
provided in this Section for the offenses listed in subsection 
(b) of this Section, except that the requirements of a 3-year 
7-year waiting period and the $175 $200 application fee do not 
apply.
(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18; 
100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)
 
    Section 10. The Asbestos Abatement Act is amended  by 
changing Section 10a as follows:
 



    (105 ILCS 105/10a)  (from Ch. 122, par. 1410a)



    Sec. 10a. Licensing. No inspector, management
planner, 
project designer, project manager, air sampling professional,

asbestos abatement contractor, worker or project supervisor 
may be employed
as a response action contractor unless that 
individual or entity is
licensed by the Department.  Those 
individuals and entities wishing to be
licensed shall make 
application on forms prescribed and furnished by the

Department.  A license shall expire annually according to a 
schedule
determined by the Department.  Applications for 
renewal of licenses shall
be filed with the Department at 
least 30 days before the expiration date.
When a licensure 
examination is required, the application for licensure
shall 
be submitted to the Department at least 30 days prior to the 
date of
the scheduled examination.  The Department shall 
evaluate each application
based on its minimum standards for 
licensure, promulgated as rules, and
render a decision.  Such 
standards may include a requirement for the
successful 
completion of a course of training approved by the Department.

If the Department denies the application, the applicant may 
appeal such
decision pursuant to the provisions of the 
"Administrative Review Law".

    The Department, upon notification by the Illinois Workers' 
Compensation Commission or the Department of Insurance, shall 
refuse the issuance or renewal of a license to, or suspend or 
revoke the license of, any individual, corporation, 
partnership, or other business entity that has been found by 
the Illinois Workers' Compensation Commission or the 
Department of Insurance to have failed: 
        (a)  to secure workers' compensation obligations in the 
    manner required by subsections (a) and (b) of Section 4 of 
    the Workers' Compensation Act; 
        (b)  to pay in full a fine or penalty imposed by the 
    Illinois Workers' Compensation Commission or the 
    Department of Insurance due to a failure to secure 
    workers' compensation obligations in the manner required 
    by subsections (a) and (b) of Section 4 of the Workers' 
    Compensation Act; or 
        (c)  to fulfill all obligations assumed pursuant to any 
    settlement reached with the Illinois Workers' Compensation 
    Commission or the Department of Insurance due to a failure 
    to secure workers' compensation obligations in the manner 
    required by subsections (a) and (b) of Section 4 of the 
    Workers' Compensation Act. 
    A complaint filed with the Department by the Illinois 
Workers' Compensation Commission or the Department of 
Insurance that includes a certification, signed by its 
Director or Chairman, or the Director or Chairman's designee, 
attesting to a finding of the failure to secure workers' 
compensation obligations in the manner required by subsections 
(a) and (b) of Section 4 of the Workers' Compensation Act or 
the failure to pay any fines or penalties or to discharge any 
obligation under a settlement relating to the failure to 
secure workers' compensation obligations in the manner 
required by subsections (a) and (b) of Section 4 of the 
Workers' Compensation Act is prima facie evidence of the 
licensee's or applicant's failure to comply with subsections 
(a) and (b) of Section 4 of the Workers' Compensation Act.  Upon 
receipt of that certification, the Department shall, without a 
hearing, immediately suspend all licenses held by the licensee 
or the processing of any application from the applicant.  
Enforcement of the Department's order shall be stayed for 60 
days.  The Department shall provide notice of the suspension to 
the licensee by mailing a copy of the Department's order to the 
licensee's or applicant's address of record or emailing a copy 
of the order to the licensee's or applicant's email address of 
record.  The notice shall advise the licensee or applicant that 
the suspension shall be effective 60 days after the issuance 
of the order unless the Department receives, from the licensee 
or applicant, a request for a hearing before the Department to 
dispute the matters contained in the order.
    Upon receiving notice from the Illinois Workers' 
Compensation Commission or the Department of Insurance that 
the violation has been corrected or otherwise resolved, the 
Department shall vacate the order suspending a licensee's 
license or the processing of an applicant's application.
    No license shall be suspended or revoked until after the 
licensee is afforded any  due process protection guaranteed by 
statute or rule adopted by the Workers' Compensation 
Commission or the Department of Insurance. 
(Source: P.A. 86-416.)

 
    Section 15. The Lead Poisoning Prevention Act is amended  
by changing Section 8.1 as follows:
 


    (410 ILCS 45/8.1)  (from Ch. 111 1/2, par. 1308.1)




    Sec. 8.1. Licensing of lead inspectors and lead risk 
assessors. 

    (a) The Department shall establish standards and
licensing 
procedures for lead inspectors and lead risk assessors. An 
integral element of these
procedures shall be an education and 
training program prescribed by the
Department which shall 
include but not be limited to scientific sampling,
chemistry, 
and construction techniques. No person shall make inspections 
or risk assessments
without first being licensed by the 
Department.  The penalty for inspection or risk assessment

without a license shall be a Class A misdemeanor and an 
administrative fine.

    (b) The Department shall charge licensed lead inspectors 
and lead risk assessors reasonable license
fees and the fees 
shall be placed in the Lead Poisoning Screening,
Prevention, 
and Abatement Fund and used to fund the Department's licensing

of lead inspectors and lead risk assessors and any other 
activities prescribed by this Act. A licensed lead
inspector 
or lead risk assessor employed by the Department or its 
delegate agency shall not be
charged a license fee.

    (c)  The Department, upon notification by the Illinois 
Workers' Compensation Commission or the Department of 
Insurance, shall refuse the issuance or renewal of a license 
to, or suspend or revoke the license of, any individual, 
corporation, partnership, or other business entity that has 
been found by the Illinois Workers' Compensation Commission or 
the Department of Insurance to have failed: 
        (1) to secure workers' compensation obligations in the 
    manner required by subsections (a) and (b) of Section 4 of 
    the Workers' Compensation Act; 
        (2)   to pay in full a fine or penalty imposed by the 
    Illinois Workers' Compensation Commission or the 
    Department of Insurance due to a failure to secure 
    workers' compensation obligations in the manner required 
    by subsections (a) and (b) of Section 4 of the Workers' 
    Compensation Act; or 
        (3)    to fulfill all obligations assumed pursuant to any 
    settlement reached with the Illinois Workers' Compensation 
    Commission or the Department of Insurance due to a failure 
    to secure workers' compensation obligations in the manner 
    required by subsections (a) and (b) of Section 4 of the 
    Workers' Compensation Act. 
    A complaint filed with the Department by the Illinois 
Workers' Compensation Commission or the Department of 
Insurance that includes a certification, signed by its 
Director or Chairman or designee, attesting to a finding of 
the failure to secure workers' compensation obligations in the 
manner required by subsections (a) and (b) of Section 4 of the 
Workers' Compensation Act or the failure to pay any fines or 
penalties or to discharge any obligation under a settlement 
relating to the failure to secure workers' compensation 
obligations in the manner required by subsections (a) and (b) 
of Section 4 of the Workers' Compensation Act is prima facie 
evidence of the licensee's or applicant's failure to comply 
with subsections (a) and (b) of Section 4 of the Workers' 
Compensation Act.  Upon receipt of that certification, the 
Department shall, without a hearing, immediately suspend all 
licenses held by the licensee or the processing of any 
application from the applicant.  Enforcement of the 
Department's order shall be stayed for 60 days.  The Department 
shall provide notice of the suspension to the licensee by 
mailing a copy of the Department's order to the licensee's or 
applicant's address of record or emailing a copy of the order 
to the licensee's or applicant's email address of record.  The 
notice shall advise the licensee or applicant that the 
suspension shall be effective 60 days after the issuance of 
the order unless the Department receives, from the licensee or 
applicant, a request for a hearing before the Department to 
dispute the matters contained in the order. 
    Upon receiving notice from the Illinois Workers' 
Compensation Commission or the Department of Insurance that 
the violation has been corrected or otherwise resolved, the 
Department shall vacate the order suspending a licensee's 
license or the processing of an applicant's application.
    No license shall be suspended or revoked until after the 
licensee is afforded any  due process protection guaranteed by 
statute or rule adopted by the Workers' Compensation 
Commission or the Department of Insurance. 
(Source: P.A. 98-690, eff. 1-1-15.)

 
    Section 20. The Illinois Plumbing License Law is amended  
by changing Section 13.1 as follows:
 



    (225 ILCS 320/13.1)




    Sec. 13.1. Plumbing contractors; registration; 
applications. 

    (1) 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 the
provisions of this
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.

    (5.5) The Department, upon notification by the Illinois 
Workers' Compensation Commission or the Department of 
Insurance, shall refuse the issuance or renewal of a license 
to, or suspend or revoke the license of, any individual, 
corporation, partnership, or other business entity that has 
been found by the Illinois Workers' Compensation Commission or 
the Department of Insurance to have failed: 
        (a)    to secure workers' compensation obligations in the 
    manner required by subsections (a) and (b) of Section 4 of 
    the Workers' Compensation Act; 
        (b)   to pay in full a fine or penalty imposed by the 
    Illinois Workers' Compensation Commission or the 
    Department of Insurance due to a failure to secure 
    workers' compensation obligations in the manner required 
    by subsections (a) and (b) of Section 4 of the Workers' 
    Compensation Act; or 
        (c)   to fulfill all obligations assumed pursuant to any 
    settlement reached with the Illinois Workers' Compensation 
    Commission or the Department of Insurance due to a failure 
    to secure workers' compensation obligations in the manner 
    required by subsections (a) and (b) of Section 4 of the 
    Workers' Compensation Act. 
    A complaint filed with the Department by the Illinois 
Workers' Compensation Commission or the Department of 
Insurance that includes a certification, signed by its 
Director or Chairman or designee, attesting to a finding of 
the failure to secure workers' compensation obligations in the 
manner required by subsections (a) and (b) of Section 4 of the 
Workers' Compensation Act or the failure to pay any fines or 
penalties or to discharge any obligation under a settlement 
relating to the failure to secure workers' compensation 
obligations in the manner required by subsections (a) and (b) 
of Section 4 of the Workers' Compensation Act is prima facie 
evidence of the licensee's or applicant's failure to comply 
with subsections (a) and (b) of Section 4 of the Workers' 
Compensation Act.  Upon receipt of that certification, the 
Department shall, without a hearing, immediately suspend all 
licenses held by the licensee or the processing of any 
application from the applicant.  Enforcement of the 
Department's order shall be stayed for 60 days.  The Department 
shall provide notice of the suspension to the licensee by 
mailing a copy of the Department's order to the licensee's or 
applicant's address of record or emailing a copy of the order 
to the licensee's or applicant's email address of record.  The 
notice shall advise the licensee or applicant that the 
suspension shall be effective 60 days after the issuance of 
the order unless the Department receives, from the licensee or 
applicant, a request for a hearing before the Department to 
dispute the matters contained in the order.
    Upon receiving notice from the Illinois Workers' 
Compensation Commission or the Department of Insurance that 
the violation has been corrected or otherwise resolved, the 
Department shall vacate the order suspending a licensee's 
license or the processing of an applicant's application.
    No license shall be suspended or revoked until after the 
licensee is afforded any  due process protection guaranteed by 
statute or rule adopted by the Workers' Compensation 
Commission or the Department of Insurance. 
    (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. In the 
event that the plumbing contractor's registration is suspended 
or revoked, the Department shall notify the City of Chicago 
and any corresponding plumbing contractor's license issued by 
the City of Chicago shall be suspended or revoked. 

(Source: P.A. 97-365, eff. 1-1-12.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2024. 
  

Effective Date:  1/1/2024











  

    

      

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