Bill Text: IL HB5800 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Swimming Facility Act. Prohibits the Department of Public Health from requiring a person seeking to perform construction, installation, or major alteration of a swimming facility to be prequalified more than once every 2 years. Provides that a person seeking to perform construction, installation, or major alteration of a swimming facility is not required to prequalify with the Department of Public Health before performing the construction, installation, or major alteration of a swimming facility if the person is registered and in good standing with the Secretary of State, is certified as a Certified Builder Professional by the Pool and Hot Tub Alliance or holds an equivalent credential as determined by the Department of Public Health, and ensures all trade-specific work is performed by individuals licensed under applicable State law. Provides that the Department of Public Health may require evidence of such credentials to be submitted before issuing a permit for construction or major alteration. Grants the Department of Public Health rulemaking authority to implement the prequalification exemption.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2026-06-25 - Filed with the Clerk by Rep. Tony M. McCombie [HB5800 Detail]
Download: Illinois-2025-HB5800-Introduced.html
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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 Swimming Facility Act is amended by | |||||||||||||||||||
| 5 | changing Section 31 as follows: | |||||||||||||||||||
| 6 | (210 ILCS 125/31) | |||||||||||||||||||
| 7 | Sec. 31. Prequalified swimming facility contractor. | |||||||||||||||||||
| 8 | (a) Except as provided in subsection (a-5), any Any person | |||||||||||||||||||
| 9 | seeking to perform construction, installation, or major | |||||||||||||||||||
| 10 | alteration of a swimming facility must be prequalified by the | |||||||||||||||||||
| 11 | Department. A prequalified swimming facility contractor must | |||||||||||||||||||
| 12 | be registered and in good standing with the Secretary of State | |||||||||||||||||||
| 13 | and possess public swimming facility construction experience | |||||||||||||||||||
| 14 | as determined by rules promulgated by the Department. Persons | |||||||||||||||||||
| 15 | seeking prequalification pursuant to this Section shall apply | |||||||||||||||||||
| 16 | for prequalification pursuant to rules adopted by the | |||||||||||||||||||
| 17 | Department. The Department must not require a person seeking | |||||||||||||||||||
| 18 | to perform construction, installation, or major alteration of | |||||||||||||||||||
| 19 | a swimming facility to be prequalified more than once every 2 | |||||||||||||||||||
| 20 | years. | |||||||||||||||||||
| 21 | (a-5) A person seeking to perform construction, | |||||||||||||||||||
| 22 | installation, or major alteration of a swimming facility is | |||||||||||||||||||
| 23 | not required to be prequalified by the Department if the | |||||||||||||||||||
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| 1 | person: (i) is registered and in good standing with the | ||||||
| 2 | Secretary of State, (ii) is certified as a Certified Builder | ||||||
| 3 | Professional by the Pool and Hot Tub Alliance or holds an | ||||||
| 4 | equivalent credential as determined by the Department of | ||||||
| 5 | Public Health, and (iii) ensures all trade-specific work is | ||||||
| 6 | performed by individuals licensed under applicable State law. | ||||||
| 7 | The Department of Public Health may require evidence of such | ||||||
| 8 | credentials to be submitted before issuing a permit for | ||||||
| 9 | construction or major alteration. | ||||||
| 10 | (b) In addition to any other power granted in this Act to | ||||||
| 11 | adopt rules, the Department may adopt rules relating to the | ||||||
| 12 | exemption established under subsection (a-5) and rules | ||||||
| 13 | relating to the issuance or renewal of the prequalification of | ||||||
| 14 | a swimming facility contractor or the suspension of the | ||||||
| 15 | prequalification of any such person or entity, including, | ||||||
| 16 | without limitation, an interim or emergency suspension without | ||||||
| 17 | a hearing founded on any one or more of the bases set forth in | ||||||
| 18 | this subsection. | ||||||
| 19 | The bases for an interim or emergency suspension of the | ||||||
| 20 | prequalification of a swimming facility contractor include, | ||||||
| 21 | but are not limited to, the following: | ||||||
| 22 | (1) A finding by the Department that the public | ||||||
| 23 | interest, safety, or welfare requires a summary suspension | ||||||
| 24 | of the prequalification without a hearing. | ||||||
| 25 | (2) The occurrence of an event or series of events | ||||||
| 26 | which, in the Department's opinion, warrants a summary | ||||||
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| 1 | suspension of the prequalification without a hearing. Such | ||||||
| 2 | events include, without limitation: (i) the indictment of | ||||||
| 3 | the holder of the prequalification by a State or federal | ||||||
| 4 | agency or another branch of government for a crime; (ii) | ||||||
| 5 | the suspension or modification of a license by another | ||||||
| 6 | State agency or by a federal agency or another branch of | ||||||
| 7 | government after a hearing; (iii) failure to comply with | ||||||
| 8 | State law, including, without limitation, this Act and the | ||||||
| 9 | rules promulgated thereunder; and (iv) submission of | ||||||
| 10 | fraudulent documentation or the making of false statements | ||||||
| 11 | to the Department. | ||||||
| 12 | (c) If a prequalification is suspended by the Department | ||||||
| 13 | without a hearing for any reason set forth in this Section or | ||||||
| 14 | in Section 10-65 of the Illinois Administrative Procedure Act, | ||||||
| 15 | the Department, within 30 days after the issuance of an order | ||||||
| 16 | of suspension of the prequalification, shall initiate a | ||||||
| 17 | proceeding for the suspension of or other action upon the | ||||||
| 18 | prequalification. | ||||||
| 19 | (Source: P.A. 97-957, eff. 1-1-13.) | ||||||
