HB0691 102ND GENERAL ASSEMBLY

LRB102 10385 SPS 15712 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0691

Introduced 2/8/2021, by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:

5 ILCS 80/4.32
5 ILCS 80/4.41 new
225 ILCS 729/35
225 ILCS 729/45
225 ILCS 729/60
225 ILCS 729/65
225 ILCS 729/73 new

Amends the Petroleum Equipment Contractors Licensing Act. Provides that, if a corporation or business entity does not have evidence of current registration, such as a Secretary of State issued Certificate of Good Standing, the Office of the State Fire Marshal has the authority to deny or revoke the license of such a corporation or business entity. Provides that a lapsed license may not be reinstated until an application (rather than a written application) is filed. Removes language providing that, if a license or certificate is lost, a duplicate shall be issued upon payment of the required fee. Removes language providing that licensees shall be subject to disciplinary action for being a habitual drunk or having a habitual addiction to the use of morphine, cocaine, controlled substances, or other habit-forming drugs. Allows the Office of the State Fire Marshal to adopt rules to permit the issuance of citations for certain violations of the Act or the rules adopted under the Act. Amends the Regulatory Sunset Act. Extends the repeal date of the Petroleum Equipment Contractors Licensing Act from January 1, 2022 to January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately.

FISCAL 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 Regulatory Sunset Act is amended by changing Section 4.32 and by adding Section 4.41 as follows:

(5 ILCS 80/4.32)

Sec. 4.32. Acts repealed on January 1, 2022. The following Acts are repealed on January 1, 2022:

The Boxing and Full-contact Martial Arts Act.

The Cemetery Oversight Act.

The Collateral Recovery Act.

The Community Association Manager Licensing and Disciplinary Act.

The Crematory Regulation Act.

The Detection of Deception Examiners Act.

The Home Inspector License Act.

The Illinois Health Information Exchange and Technology Act.

The Medical Practice Act of 1987.

The Registered Interior Designers Act.

The Massage Licensing Act.

The Petroleum Equipment Contractors Licensing Act.

The Radiation Protection Act of 1990.

The Real Estate Appraiser Licensing Act of 2002.

The Water Well and Pump Installation Contractor's License Act.

(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; 101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)

(5 ILCS 80/4.41 new)

Sec. 4.41. Act repealed on January 1, 2032. The following Act is repealed on January 1, 2032:

The Petroleum Equipment Contractors Licensing Act.

Section 10. The Petroleum Equipment Contractors Licensing Act is amended by changing Sections 35, 45, 60, and 65 and by adding Section 73 as follows:

(225 ILCS 729/35)

(Section scheduled to be repealed on January 1, 2022)

Sec. 35. Licensure qualifications and fees.

(a) Applicants for a license must submit to the Office all of the following:

(1) fees as established by the Office;

(2) evidence of current registration as an Illinois corporation or other business entity and, when applicable, evidence of compliance with the Assumed Business Name Act; if the corporation or business entity does not have evidence of current registration, such as a Secretary of State issued Certificate of Good Standing, the Office has the authority to deny or revoke the license of such a corporation or business entity;

(3) evidence of financial responsibility in a minimum amount of $1,000,000 through liability insurance, self-insurance, group insurance, group self-insurance, or risk retention groups that must include completed operations and environmental impairment; and

(4) evidence of compliance with the qualifications and standards established by the Office.

(b) The contractor must possess a license from the Office to perform the following types of activity:

(1) installation of underground storage tanks;

(2) repair of USTs, which shall include retrofitting and installation of cathodic protection systems;

(3) decommissioning of USTs including abandonment in place;

(4) relining of USTs;

(5) tank and piping tightness testing;

(6) testing of cathodic protection systems; and

(7) any other category established by the Office of the State Fire Marshal.

(c) (Blank).

(Source: P.A. 97-428, eff. 8-16-11.)

(225 ILCS 729/45)

(Section scheduled to be repealed on January 1, 2022)

Sec. 45. Issuance of license; renewal.

(a) The State Fire Marshal shall, upon the applicant's satisfactory completion of the requirements authorized under this Act, and upon receipt of the requisite fees, issue the appropriate license showing the name and business location of the licensee and the dates of issuance and expiration.

(b) Each licensee may apply for renewal of his or her license upon payment of the requisite fee. The expiration date and renewal period for each license issued under this Act shall be set by rule. Failure to renew by the expiration date shall cause the license to lapse. A lapsed license may not be reinstated until an a written application is filed, the renewal fee is paid, and a $50 reinstatement fee is paid. The renewal and reinstatement fees shall be waived for persons who did not renew while on active duty in the military and who file for renewal or restoration within one year after discharge from the active duty service.

(c) All fees paid pursuant to this Act are non-refundable. This shall not preclude the State Fire Marshal from refunding accidental overpayment of fees.

(Source: P.A. 97-428, eff. 8-16-11.)

(225 ILCS 729/60)

(Section scheduled to be repealed on January 1, 2022)

Sec. 60. License renewal; display of license; inspection.

(a) As a condition of renewal of a license, the State Fire Marshal may require the licensee to report information pertaining to his or her practice that the State Fire Marshal determines to be in the interest of public safety.

(b) A licensee shall report a change in home or office address within 10 days.

(c) Each licensee shall prominently display his or her license to practice at each place from which the practice is being performed. If more than one location is used, branch office certificates shall be issued upon payment of the fees to be established by the State Fire Marshal.

(d) If a license or certificate is lost, a duplicate shall be issued upon payment of the required fee to be established by the State Fire Marshal. If a licensee wishes to change his or her name, the State Fire Marshal shall issue a license in the new name upon payment of the required fee and upon receipt of satisfactory proof that the change was done in accordance with law.

(e) Each licensee shall permit his or her facilities to be inspected by representatives of the Office of the State Fire Marshal.

(Source: P.A. 97-428, eff. 8-16-11.)

(225 ILCS 729/65)

(Section scheduled to be repealed on January 1, 2022)

Sec. 65. Disciplinary actions. Licensees shall be subject to disciplinary action for any of the following:

(1) obtaining or renewing a license by the use of fraud or material deception;

(2) being professionally incompetent as manifested by poor standards of service;

(3) engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public in the course of professional services or activities;

(4) being convicted of a crime that has a substantial relationship to his or her practice or an essential element of which is misstatement, fraud, or dishonesty, being convicted in this or another state of any crime that is a felony under the laws of Illinois or of that state, or being convicted of a felony in a federal court, unless the licensee demonstrates that he or she has been sufficiently rehabilitated to warrant the public trust;

(5) performing any service in a grossly negligent manner or permitting any licensed employee to perform services in a grossly negligent manner, regardless of whether actual damage or damage to the public is established;

(6) (blank); being a habitual drunk or having a habitual addiction to the use of morphine, cocaine, controlled substances, or other habit-forming drugs;

(7) willfully receiving compensation, directly or indirectly, for any professional service not actually rendered;

(8) having disciplinary action taken against his or her license in another State;

(9) contracting or assisting unlicensed persons to perform services for which a license is required under this Act;

(10) permitting the use of his or her license to enable an unlicensed person or agency to operate as a licensee;

(11) performing and charging for services without having authorization to do so from the member of the public being served; or

(12) failing to comply with any provision of this Act or the rules adopted under this Act.

(Source: P.A. 92-618, eff. 7-11-02.)

(225 ILCS 729/73 new)

Sec. 73. Citations.

(a) The Office of the State Fire Marshal may adopt rules to permit the issuance of citations for certain violations of this Act or the rules adopted under this Act. The citation shall be issued to the licensee and shall contain the licensee's name and address, the licensee's license number, a brief factual statement, the Sections of the law or rules allegedly violated, and the penalty imposed. The citation must clearly state that the licensee may choose, in lieu of accepting the citation, to request a hearing to appeal the citation. If the licensee does not file a written appeal of the citation with the Office of the State Fire Marshal within 15 days after the citation is served, then the citation shall become a final order imposing a monetary penalty. The penalty shall be a monetary civil fine. In the event of a timely written appeal, the Office of the State Fire Marshal shall conduct an administrative hearing governed by the Illinois Administrative Procedure Act and enter an order to sustain, modify, or revoke such citation. Any appeal from such hearing order shall be to the circuit court of the county in which the violation took place and shall be governed by the Administrative Review Law.

(b) The Office of the State Fire Marshal shall adopt rules designating violations for which a citation may be issued, which may specify separate hearing procedures for appeals of such citations so long as the hearing procedures are not inconsistent with the Illinois Administrative Procedure Act.

(c) Service of a citation may be made by personal service or certified mail to the licensee at the licensee's last known address as listed with the Office of the State Fire Marshal.

Section 99. Effective date. This Act takes effect January 1, 2022, except that this Section and Section 5 take effect upon becoming law.