Bill Text: IL HB0691 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed) 2022-05-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB0691 Detail]

Download: Illinois-2021-HB0691-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0691

Introduced , 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.
LRB102 10385 SPS 15712 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB0691LRB102 10385 SPS 15712 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by
5changing 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
8Acts 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
13Disciplinary 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
18Act.
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
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, 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
8Act is repealed on January 1, 2032:
9 The Petroleum Equipment Contractors Licensing Act.
10 Section 10. The Petroleum Equipment Contractors Licensing
11Act is amended by changing Sections 35, 45, 60, and 65 and by
12adding 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
17of 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
12to 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
4satisfactory completion of the requirements authorized under
5this Act, and upon receipt of the requisite fees, issue the
6appropriate license showing the name and business location of
7the licensee and the dates of issuance and expiration.
8 (b) Each licensee may apply for renewal of his or her
9license upon payment of the requisite fee. The expiration date
10and renewal period for each license issued under this Act
11shall be set by rule. Failure to renew by the expiration date
12shall cause the license to lapse. A lapsed license may not be
13reinstated until an a written application is filed, the
14renewal fee is paid, and a $50 reinstatement fee is paid. The
15renewal and reinstatement fees shall be waived for persons who
16did not renew while on active duty in the military and who file
17for renewal or restoration within one year after discharge
18from the active duty service.
19 (c) All fees paid pursuant to this Act are non-refundable.
20This shall not preclude the State Fire Marshal from refunding
21accidental 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
2Marshal may require the licensee to report information
3pertaining to his or her practice that the State Fire Marshal
4determines to be in the interest of public safety.
5 (b) A licensee shall report a change in home or office
6address within 10 days.
7 (c) Each licensee shall prominently display his or her
8license to practice at each place from which the practice is
9being performed. If more than one location is used, branch
10office certificates shall be issued upon payment of the fees
11to be established by the State Fire Marshal.
12 (d) If a license or certificate is lost, a duplicate shall
13be issued upon payment of the required fee to be established by
14the State Fire Marshal. If a licensee wishes to change his or
15her name, the State Fire Marshal shall issue a license in the
16new name upon payment of the required fee and upon receipt of
17satisfactory proof that the change was done in accordance with
18law.
19 (e) Each licensee shall permit his or her facilities to be
20inspected by representatives of the Office of the State Fire
21Marshal.
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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1to 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
20permit the issuance of citations for certain violations of
21this Act or the rules adopted under this Act. The citation
22shall be issued to the licensee and shall contain the
23licensee's name and address, the licensee's license number, a
24brief factual statement, the Sections of the law or rules
25allegedly violated, and the penalty imposed. The citation must

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1clearly state that the licensee may choose, in lieu of
2accepting the citation, to request a hearing to appeal the
3citation. If the licensee does not file a written appeal of the
4citation with the Office of the State Fire Marshal within 15
5days after the citation is served, then the citation shall
6become a final order imposing a monetary penalty. The penalty
7shall be a monetary civil fine. In the event of a timely
8written appeal, the Office of the State Fire Marshal shall
9conduct an administrative hearing governed by the Illinois
10Administrative Procedure Act and enter an order to sustain,
11modify, or revoke such citation. Any appeal from such hearing
12order shall be to the circuit court of the county in which the
13violation took place and shall be governed by the
14Administrative Review Law.
15 (b) The Office of the State Fire Marshal shall adopt rules
16designating violations for which a citation may be issued,
17which may specify separate hearing procedures for appeals of
18such citations so long as the hearing procedures are not
19inconsistent with the Illinois Administrative Procedure Act.
20 (c) Service of a citation may be made by personal service
21or certified mail to the licensee at the licensee's last known
22address as listed with the Office of the State Fire Marshal.
23 Section 99. Effective date. This Act takes effect January
241, 2022, except that this Section and Section 5 take effect
25upon becoming law.
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