HB2145 EngrossedLRB103 28765 AMQ 55148 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Sections 2105-15 and 2105-207 as follows:
 
7    (20 ILCS 2105/2105-15)
8    Sec. 2105-15. General powers and duties.
9    (a) The Department has, subject to the provisions of the
10Civil Administrative Code of Illinois, the following powers
11and duties:
12        (1) To authorize examinations in English to ascertain
13    the qualifications and fitness of applicants to exercise
14    the profession, trade, or occupation for which the
15    examination is held.
16        (2) To prescribe rules and regulations for a fair and
17    wholly impartial method of examination of candidates to
18    exercise the respective professions, trades, or
19    occupations.
20        (3) To pass upon the qualifications of applicants for
21    licenses, certificates, and authorities, whether by
22    examination, by reciprocity, or by endorsement.
23        (4) To prescribe rules and regulations defining, for

 

 

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1    the respective professions, trades, and occupations, what
2    shall constitute a school, college, or university, or
3    department of a university, or other institution,
4    reputable and in good standing, and to determine the
5    reputability and good standing of a school, college, or
6    university, or department of a university, or other
7    institution, reputable and in good standing, by reference
8    to a compliance with those rules and regulations;
9    provided, that no school, college, or university, or
10    department of a university, or other institution that
11    refuses admittance to applicants solely on account of
12    race, color, creed, sex, sexual orientation, or national
13    origin shall be considered reputable and in good standing.
14        (5) To conduct hearings on proceedings to revoke,
15    suspend, refuse to renew, place on probationary status, or
16    take other disciplinary action as authorized in any
17    licensing Act administered by the Department with regard
18    to licenses, certificates, or authorities of persons
19    exercising the respective professions, trades, or
20    occupations and to revoke, suspend, refuse to renew, place
21    on probationary status, or take other disciplinary action
22    as authorized in any licensing Act administered by the
23    Department with regard to those licenses, certificates, or
24    authorities.
25        The Department shall issue a monthly disciplinary
26    report.

 

 

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1        The Department shall refuse to issue or renew a
2    license to, or shall suspend or revoke a license of, any
3    person who, after receiving notice, fails to comply with a
4    subpoena or warrant relating to a paternity or child
5    support proceeding. However, the Department may issue a
6    license or renewal upon compliance with the subpoena or
7    warrant.
8        The Department, without further process or hearings,
9    shall revoke, suspend, or deny any license or renewal
10    authorized by the Civil Administrative Code of Illinois to
11    a person who is certified by the Department of Healthcare
12    and Family Services (formerly Illinois Department of
13    Public Aid) as being more than 30 days delinquent in
14    complying with a child support order or who is certified
15    by a court as being in violation of the Non-Support
16    Punishment Act for more than 60 days. The Department may,
17    however, issue a license or renewal if the person has
18    established a satisfactory repayment record as determined
19    by the Department of Healthcare and Family Services
20    (formerly Illinois Department of Public Aid) or if the
21    person is determined by the court to be in compliance with
22    the Non-Support Punishment Act. The Department may
23    implement this paragraph as added by Public Act 89-6
24    through the use of emergency rules in accordance with
25    Section 5-45 of the Illinois Administrative Procedure Act.
26    For purposes of the Illinois Administrative Procedure Act,

 

 

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1    the adoption of rules to implement this paragraph shall be
2    considered an emergency and necessary for the public
3    interest, safety, and welfare.
4        (6) To transfer jurisdiction of any realty under the
5    control of the Department to any other department of the
6    State Government or to acquire or accept federal lands
7    when the transfer, acquisition, or acceptance is
8    advantageous to the State and is approved in writing by
9    the Governor.
10        (7) To formulate rules and regulations necessary for
11    the enforcement of any Act administered by the Department.
12        (8) To exchange with the Department of Healthcare and
13    Family Services information that may be necessary for the
14    enforcement of child support orders entered pursuant to
15    the Illinois Public Aid Code, the Illinois Marriage and
16    Dissolution of Marriage Act, the Non-Support of Spouse and
17    Children Act, the Non-Support Punishment Act, the Revised
18    Uniform Reciprocal Enforcement of Support Act, the Uniform
19    Interstate Family Support Act, the Illinois Parentage Act
20    of 1984, or the Illinois Parentage Act of 2015.
21    Notwithstanding any provisions in this Code to the
22    contrary, the Department of Professional Regulation shall
23    not be liable under any federal or State law to any person
24    for any disclosure of information to the Department of
25    Healthcare and Family Services (formerly Illinois
26    Department of Public Aid) under this paragraph (8) or for

 

 

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1    any other action taken in good faith to comply with the
2    requirements of this paragraph (8).
3        (8.3) To exchange information with the Department of
4    Human Rights regarding recommendations received under
5    paragraph (B) of Section 8-109 of the Illinois Human
6    Rights Act regarding a licensee or candidate for licensure
7    who has committed a civil rights violation that may lead
8    to the refusal, suspension, or revocation of a license
9    from the Department.
10        (8.5) To accept continuing education credit for
11    mandated reporter training on how to recognize and report
12    child abuse offered by the Department of Children and
13    Family Services and completed by any person who holds a
14    professional license issued by the Department and who is a
15    mandated reporter under the Abused and Neglected Child
16    Reporting Act. The Department shall adopt any rules
17    necessary to implement this paragraph.
18        (9) To perform other duties prescribed by law.
19    (a-5) Except in cases involving delinquency in complying
20with a child support order or violation of the Non-Support
21Punishment Act and notwithstanding anything that may appear in
22any individual licensing Act or administrative rule, no person
23or entity whose license, certificate, or authority has been
24revoked as authorized in any licensing Act administered by the
25Department may apply for restoration of that license,
26certification, or authority until 3 years after the effective

 

 

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1date of the revocation.
2    (b) (Blank).
3    (c) For the purpose of securing and preparing evidence,
4and for the purchase of controlled substances, professional
5services, and equipment necessary for enforcement activities,
6recoupment of investigative costs, and other activities
7directed at suppressing the misuse and abuse of controlled
8substances, including those activities set forth in Sections
9504 and 508 of the Illinois Controlled Substances Act, the
10Director and agents appointed and authorized by the Director
11may expend sums from the Professional Regulation Evidence Fund
12that the Director deems necessary from the amounts
13appropriated for that purpose. Those sums may be advanced to
14the agent when the Director deems that procedure to be in the
15public interest. Sums for the purchase of controlled
16substances, professional services, and equipment necessary for
17enforcement activities and other activities as set forth in
18this Section shall be advanced to the agent who is to make the
19purchase from the Professional Regulation Evidence Fund on
20vouchers signed by the Director. The Director and those agents
21are authorized to maintain one or more commercial checking
22accounts with any State banking corporation or corporations
23organized under or subject to the Illinois Banking Act for the
24deposit and withdrawal of moneys to be used for the purposes
25set forth in this Section; provided, that no check may be
26written nor any withdrawal made from any such account except

 

 

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1upon the written signatures of 2 persons designated by the
2Director to write those checks and make those withdrawals.
3Vouchers for those expenditures must be signed by the
4Director. All such expenditures shall be audited by the
5Director, and the audit shall be submitted to the Department
6of Central Management Services for approval.
7    (d) Whenever the Department is authorized or required by
8law to consider some aspect of criminal history record
9information for the purpose of carrying out its statutory
10powers and responsibilities, then, upon request and payment of
11fees in conformance with the requirements of Section 2605-400
12of the Illinois State Police Law, the Illinois State Police is
13authorized to furnish, pursuant to positive identification,
14the information contained in State files that is necessary to
15fulfill the request.
16    (e) The provisions of this Section do not apply to private
17business and vocational schools as defined by Section 15 of
18the Private Business and Vocational Schools Act of 2012.
19    (f) (Blank).
20    (f-5) Notwithstanding anything that may appear in any
21individual licensing statute or administrative rule, the
22Department shall allow an applicant to provide his or her
23individual taxpayer identification number as an alternative to
24providing a social security number when applying for a
25license.
26    (g) Notwithstanding anything that may appear in any

 

 

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1individual licensing statute or administrative rule, the
2Department shall deny any license application or renewal
3authorized under any licensing Act administered by the
4Department to any person who has failed to file a return, or to
5pay the tax, penalty, or interest shown in a filed return, or
6to pay any final assessment of tax, penalty, or interest, as
7required by any tax Act administered by the Illinois
8Department of Revenue, until such time as the requirement of
9any such tax Act are satisfied; however, the Department may
10issue a license or renewal if the person has established a
11satisfactory repayment record as determined by the Illinois
12Department of Revenue. For the purpose of this Section,
13"satisfactory repayment record" shall be defined by rule.
14    In addition, a complaint filed with the Department by the
15Illinois Department of Revenue that includes a certification,
16signed by its Director or designee, attesting to the amount of
17the unpaid tax liability or the years for which a return was
18not filed, or both, is prima facie evidence of the licensee's
19failure to comply with the tax laws administered by the
20Illinois Department of Revenue. Upon receipt of that
21certification, the Department shall, without a hearing,
22immediately suspend all licenses held by the licensee.
23Enforcement of the Department's order shall be stayed for 60
24days. The Department shall provide notice of the suspension to
25the licensee by mailing a copy of the Department's order to the
26licensee's address of record or emailing a copy of the order to

 

 

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1the licensee's email address of record. The notice shall
2advise the licensee that the suspension shall be effective 60
3days after the issuance of the Department's order unless the
4Department receives, from the licensee, a request for a
5hearing before the Department to dispute the matters contained
6in the order.
7    Any suspension imposed under this subsection (g) shall be
8terminated by the Department upon notification from the
9Illinois Department of Revenue that the licensee is in
10compliance with all tax laws administered by the Illinois
11Department of Revenue.
12    The Department may promulgate rules for the administration
13of this subsection (g).
14    (g-5) Notwithstanding anything that may appear in any
15individual licensing statute or administrative rule, the
16Department shall refuse the issuance or renewal of a license
17to, or suspend or revoke the license of, any individual,
18corporation, partnership, or other business entity that has
19been found by the Illinois Workers' Compensation Commission or
20the Department of Insurance to have failed to (i) secure
21workers' compensation obligations in the manner required by
22subsections (a) and (b) of Section 4 of the Workers'
23Compensation Act, (ii) pay in full a fine or penalty imposed
24due to a failure to secure workers' compensation obligations
25in the manner required by subsections (a) and (b) of Section 4
26of the Workers' Compensation Act, or (iii) fulfill all

 

 

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1obligations assumed pursuant to a settlement reached with the
2Illinois Workers' Compensation Commission or the Department of
3Insurance relating to a failure to secure workers'
4compensation obligations in the manner required by subsections
5(a) and (b) of Section 4 of the Workers' Compensation Act. No
6initial or renewal license shall be issued, and no suspended
7license shall be reinstated, until such time that the
8Department is notified by the Illinois Workers' Compensation
9Commission or the Department of Insurance that the licensee's
10or applicant's failure to comply with subsections (a) and (b)
11of Section 4 of the Workers' Compensation Act has been
12corrected or otherwise resolved to satisfaction of the
13Illinois Workers' Compensation Commission or the Department of
14Insurance.
15    In addition, a complaint filed with the Department by the
16Illinois Workers' Compensation Commission or the Department of
17Insurance that includes a certification, signed by its
18Director or Chairman, or the Director or Chairman's designee,
19attesting to a finding of the failure to secure workers'
20compensation obligations in the manner required by subsections
21(a) and (b) of Section 4 of the Workers' Compensation Act or
22the failure to pay any fines or penalties or to discharge any
23obligation under a settlement relating to the failure to
24secure workers' compensation obligations in the manner
25required by subsections (a) and (b) of Section 4 of the
26Workers' Compensation Act is prima facie evidence of the

 

 

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1licensee's or applicant's failure to comply with subsections
2(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
3receipt of that certification, the Department shall, without a
4hearing, immediately suspend all licenses held by the licensee
5or the processing of any application from the applicant.
6Enforcement of the Department's order shall be stayed for 60
7days. The Department shall provide notice of the suspension to
8the licensee by mailing a copy of the Department's order to the
9licensee's address of record or emailing a copy of the order to
10the licensee's email address of record. The notice shall
11advise the licensee that the suspension shall be effective 60
12days after the issuance of the Department's order unless the
13Department receives from the licensee or applicant a request
14for a hearing before the Department to dispute the matters
15contained in the order.
16    Any suspension imposed under this subsection shall be
17terminated by the Department upon notification from the
18Illinois Workers' Compensation Commission or the Department of
19Insurance that the licensee's or applicant's failure to comply
20with subsections (a) and (b) of Section 4 of the Workers'
21Compensation Act has been corrected or otherwise resolved to
22the satisfaction of the Illinois Workers' Compensation
23Commissions or the Department of Insurance.
24    No license shall be suspended or revoked until after the
25licensee is afforded any due process protection guaranteed by
26statute or rule adopted by the Workers' Compensation

 

 

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1Commission or the Department of Insurance.
2    The Department may adopt rules for the administration of
3this subsection.
4    (h) The Department may grant the title "Retired", to be
5used immediately adjacent to the title of a profession
6regulated by the Department, to eligible retirees. For
7individuals licensed under the Medical Practice Act of 1987,
8the title "Retired" may be used in the profile required by the
9Patients' Right to Know Act. The use of the title "Retired"
10shall not constitute representation of current licensure,
11registration, or certification. Any person without an active
12license, registration, or certificate in a profession that
13requires licensure, registration, or certification shall not
14be permitted to practice that profession.
15    (i) The Department shall make available on its website
16general information explaining how the Department utilizes
17criminal history information in making licensure application
18decisions, including a list of enumerated offenses that serve
19as a statutory bar to licensure.
20(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
21102-538, eff. 8-20-21.)
 
22    (20 ILCS 2105/2105-207)
23    Sec. 2105-207. Records of Department actions.
24    (a) Any licensee subject to a licensing Act administered
25by the Department Division of Professional Regulation and who

 

 

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1has been subject to disciplinary action by the Department may
2file an application with the Department on forms provided by
3the Department, along with the required fee of $175, to have
4the records classified as confidential, not for public
5release, and considered expunged for reporting purposes if:
6        (1) the application is submitted more than 3 years
7    after the disciplinary offense or offenses occurred or
8    after restoration of the license, whichever is later;
9        (2) the licensee has had no incidents of discipline
10    under the licensing Act since the disciplinary offense or
11    offenses identified in the application occurred;
12        (3) the Department has no pending investigations
13    against the licensee; and
14        (4) the licensee is not currently in a disciplinary
15    status.
16    (b) An application to make disciplinary records
17confidential shall only be considered by the Department for an
18offense or action relating to:
19        (1) failure to pay taxes;
20        (2) continuing education;
21        (3) failure to renew a license on time;
22        (4) failure to obtain or renew a certificate of
23    registration or ancillary license;
24        (5) advertising;
25        (5.1) discipline based on criminal charges or
26    convictions:

 

 

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1            (A) that did not arise from the licensed activity
2        and was unrelated to the licensed activity; or
3            (B) that were dismissed or for which records have
4        been sealed or expunged;
5        (5.2) past probationary status of a license issued to
6    new applicants on the sole or partial basis of prior
7    convictions; or
8        (6) any grounds for discipline removed from the
9    licensing Act; .
10        (7) failure to comply with workers' compensation
11    requirements; or
12        (8) reprimand of a licensee.
13    (c) An application shall be submitted to and considered by
14the Director of the Division of Professional Regulation upon
15submission of an application and the required non-refundable
16fee. The Department may establish additional requirements by
17rule. The Department is not required to report the removal of
18any disciplinary record to any national database. Nothing in
19this Section shall prohibit the Department from using a
20previous discipline for any regulatory purpose or from
21releasing records of a previous discipline upon request from
22law enforcement, or other governmental body as permitted by
23law. Classification of records as confidential shall result in
24removal of records of discipline from records kept pursuant to
25Sections 2105-200 and 2105-205 of this Act.
26    (d) Any applicant for licensure or a licensee whose

 

 

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1petition for review is granted by the Department pursuant to
2subsection (a-1) of Section 2105-165 of this Law may file an
3application with the Department on forms provided by the
4Department to have records relating to his or her permanent
5denial or permanent revocation classified as confidential and
6not for public release and considered expunged for reporting
7purposes in the same manner and under the same terms as is
8provided in this Section for the offenses listed in subsection
9(b) of this Section, except that the requirements of a 3-year
107-year waiting period and the $175 $200 application fee do not
11apply.
12(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
13100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)
 
14    Section 10. The Asbestos Abatement Act is amended by
15changing Section 10a as follows:
 
16    (105 ILCS 105/10a)  (from Ch. 122, par. 1410a)
17    Sec. 10a. Licensing. No inspector, management planner,
18project designer, project manager, air sampling professional,
19asbestos abatement contractor, worker or project supervisor
20may be employed as a response action contractor unless that
21individual or entity is licensed by the Department. Those
22individuals and entities wishing to be licensed shall make
23application on forms prescribed and furnished by the
24Department. A license shall expire annually according to a

 

 

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1schedule determined by the Department. Applications for
2renewal of licenses shall be filed with the Department at
3least 30 days before the expiration date. When a licensure
4examination is required, the application for licensure shall
5be submitted to the Department at least 30 days prior to the
6date of the scheduled examination. The Department shall
7evaluate each application based on its minimum standards for
8licensure, promulgated as rules, and render a decision. Such
9standards may include a requirement for the successful
10completion of a course of training approved by the Department.
11If the Department denies the application, the applicant may
12appeal such decision pursuant to the provisions of the
13"Administrative Review Law".
14    The Department, upon notification by the Illinois Workers'
15Compensation Commission or the Department of Insurance, shall
16refuse the issuance or renewal of a license to, or suspend or
17revoke the license of, any individual, corporation,
18partnership, or other business entity that has been found by
19the Illinois Workers' Compensation Commission or the
20Department of Insurance to have failed:
21        (a) to secure workers' compensation obligations in the
22    manner required by subsections (a) and (b) of Section 4 of
23    the Workers' Compensation Act;
24        (b) to pay in full a fine or penalty imposed by the
25    Illinois Workers' Compensation Commission or the
26    Department of Insurance due to a failure to secure

 

 

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1    workers' compensation obligations in the manner required
2    by subsections (a) and (b) of Section 4 of the Workers'
3    Compensation Act; or
4        (c) to fulfill all obligations assumed pursuant to any
5    settlement reached with the Illinois Workers' Compensation
6    Commission or the Department of Insurance due to a failure
7    to secure workers' compensation obligations in the manner
8    required by subsections (a) and (b) of Section 4 of the
9    Workers' Compensation Act.
10    A complaint filed with the Department by the Illinois
11Workers' Compensation Commission or the Department of
12Insurance that includes a certification, signed by its
13Director or Chairman, or the Director or Chairman's designee,
14attesting to a finding of the failure to secure workers'
15compensation obligations in the manner required by subsections
16(a) and (b) of Section 4 of the Workers' Compensation Act or
17the failure to pay any fines or penalties or to discharge any
18obligation under a settlement relating to the failure to
19secure workers' compensation obligations in the manner
20required by subsections (a) and (b) of Section 4 of the
21Workers' Compensation Act is prima facie evidence of the
22licensee's or applicant's failure to comply with subsections
23(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
24receipt of that certification, the Department shall, without a
25hearing, immediately suspend all licenses held by the licensee
26or the processing of any application from the applicant.

 

 

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1Enforcement of the Department's order shall be stayed for 60
2days. The Department shall provide notice of the suspension to
3the licensee by mailing a copy of the Department's order to the
4licensee's or applicant's address of record or emailing a copy
5of the order to the licensee's or applicant's email address of
6record. The notice shall advise the licensee or applicant that
7the suspension shall be effective 60 days after the issuance
8of the order unless the Department receives, from the licensee
9or applicant, a request for a hearing before the Department to
10dispute the matters contained in the order.
11    Upon receiving notice from the Illinois Workers'
12Compensation Commission or the Department of Insurance that
13the violation has been corrected or otherwise resolved, the
14Department shall vacate the order suspending a licensee's
15license or the processing of an applicant's application.
16    No license shall be suspended or revoked until after the
17licensee is afforded any due process protection guaranteed by
18statute or rule adopted by the Workers' Compensation
19Commission or the Department of Insurance.
20(Source: P.A. 86-416.)
 
21    Section 15. The Lead Poisoning Prevention Act is amended
22by changing Section 8.1 as follows:
 
23    (410 ILCS 45/8.1)  (from Ch. 111 1/2, par. 1308.1)
24    Sec. 8.1. Licensing of lead inspectors and lead risk

 

 

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1assessors.
2    (a) The Department shall establish standards and licensing
3procedures for lead inspectors and lead risk assessors. An
4integral element of these procedures shall be an education and
5training program prescribed by the Department which shall
6include but not be limited to scientific sampling, chemistry,
7and construction techniques. No person shall make inspections
8or risk assessments without first being licensed by the
9Department. The penalty for inspection or risk assessment
10without a license shall be a Class A misdemeanor and an
11administrative fine.
12    (b) The Department shall charge licensed lead inspectors
13and lead risk assessors reasonable license fees and the fees
14shall be placed in the Lead Poisoning Screening, Prevention,
15and Abatement Fund and used to fund the Department's licensing
16of lead inspectors and lead risk assessors and any other
17activities prescribed by this Act. A licensed lead inspector
18or lead risk assessor employed by the Department or its
19delegate agency shall not be charged a license fee.
20    (c) The Department, upon notification by the Illinois
21Workers' Compensation Commission or the Department of
22Insurance, shall refuse the issuance or renewal of a license
23to, or suspend or revoke the license of, any individual,
24corporation, partnership, or other business entity that has
25been found by the Illinois Workers' Compensation Commission or
26the Department of Insurance to have failed:

 

 

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1        (1) to secure workers' compensation obligations in the
2    manner required by subsections (a) and (b) of Section 4 of
3    the Workers' Compensation Act;
4        (2) to pay in full a fine or penalty imposed by the
5    Illinois Workers' Compensation Commission or the
6    Department of Insurance due to a failure to secure
7    workers' compensation obligations in the manner required
8    by subsections (a) and (b) of Section 4 of the Workers'
9    Compensation Act; or
10        (3) to fulfill all obligations assumed pursuant to any
11    settlement reached with the Illinois Workers' Compensation
12    Commission or the Department of Insurance due to a failure
13    to secure workers' compensation obligations in the manner
14    required by subsections (a) and (b) of Section 4 of the
15    Workers' Compensation Act.
16    A complaint filed with the Department by the Illinois
17Workers' Compensation Commission or the Department of
18Insurance that includes a certification, signed by its
19Director or Chairman or designee, attesting to a finding of
20the failure to secure workers' compensation obligations in the
21manner required by subsections (a) and (b) of Section 4 of the
22Workers' Compensation Act or the failure to pay any fines or
23penalties or to discharge any obligation under a settlement
24relating to the failure to secure workers' compensation
25obligations in the manner required by subsections (a) and (b)
26of Section 4 of the Workers' Compensation Act is prima facie

 

 

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1evidence of the licensee's or applicant's failure to comply
2with subsections (a) and (b) of Section 4 of the Workers'
3Compensation Act. Upon receipt of that certification, the
4Department shall, without a hearing, immediately suspend all
5licenses held by the licensee or the processing of any
6application from the applicant. Enforcement of the
7Department's order shall be stayed for 60 days. The Department
8shall provide notice of the suspension to the licensee by
9mailing a copy of the Department's order to the licensee's or
10applicant's address of record or emailing a copy of the order
11to the licensee's or applicant's email address of record. The
12notice shall advise the licensee or applicant that the
13suspension shall be effective 60 days after the issuance of
14the order unless the Department receives, from the licensee or
15applicant, a request for a hearing before the Department to
16dispute the matters contained in the order.
17    Upon receiving notice from the Illinois Workers'
18Compensation Commission or the Department of Insurance that
19the violation has been corrected or otherwise resolved, the
20Department shall vacate the order suspending a licensee's
21license or the processing of an applicant's application.
22    No license shall be suspended or revoked until after the
23licensee is afforded any due process protection guaranteed by
24statute or rule adopted by the Workers' Compensation
25Commission or the Department of Insurance.
26(Source: P.A. 98-690, eff. 1-1-15.)
 

 

 

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1    Section 20. The Illinois Plumbing License Law is amended
2by changing Section 13.1 as follows:
 
3    (225 ILCS 320/13.1)
4    Sec. 13.1. Plumbing contractors; registration;
5applications.
6    (1) On and after May 1, 2002, all persons or corporations
7desiring to engage in the business of plumbing contractor,
8other than any entity that maintains an audited net worth of
9shareholders' equity equal to or exceeding $100,000,000, shall
10register in accordance with the provisions of this Act.
11    (2) Application for registration shall be filed with the
12Department each year, on or before the last day of September,
13in writing and on forms prepared and furnished by the
14Department. All plumbing contractor registrations expire on
15the last day of September of each year.
16    (3) Applications shall contain the name, address, and
17telephone number of the person and the plumbing license of (i)
18the individual, if a sole proprietorship; (ii) the partner, if
19a partnership; or (iii) an officer, if a corporation. The
20application shall contain the business name, address, and
21telephone number, a current copy of the plumbing license, and
22any other information the Department may require by rule.
23    (4) Applicants shall submit an original certificate of
24insurance documenting that the contractor carries general

 

 

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1liability insurance with a minimum of $100,000 per occurrence,
2a minimum of $300,000 aggregate for bodily injury, property
3damage insurance with a minimum of $50,000 or a minimum of
4$300,000 combined single limit, and workers compensation
5insurance with a minimum $500,000 employer's liability. No
6registration may be issued in the absence of this certificate.
7Certificates must be in force at all times for registration to
8remain valid.
9    (5) Applicants shall submit, on a form provided by the
10Department, an indemnification bond in the amount of $20,000
11or a letter of credit in the same amount for work performed in
12accordance with this Act and the rules promulgated under this
13Act.
14    (5.5) The Department, upon notification by the Illinois
15Workers' Compensation Commission or the Department of
16Insurance, shall refuse the issuance or renewal of a license
17to, or suspend or revoke the license of, any individual,
18corporation, partnership, or other business entity that has
19been found by the Illinois Workers' Compensation Commission or
20the Department of Insurance to have failed:
21        (a) to secure workers' compensation obligations in the
22    manner required by subsections (a) and (b) of Section 4 of
23    the Workers' Compensation Act;
24        (b) to pay in full a fine or penalty imposed by the
25    Illinois Workers' Compensation Commission or the
26    Department of Insurance due to a failure to secure

 

 

HB2145 Engrossed- 24 -LRB103 28765 AMQ 55148 b

1    workers' compensation obligations in the manner required
2    by subsections (a) and (b) of Section 4 of the Workers'
3    Compensation Act; or
4        (c) to fulfill all obligations assumed pursuant to any
5    settlement reached with the Illinois Workers' Compensation
6    Commission or the Department of Insurance due to a failure
7    to secure workers' compensation obligations in the manner
8    required by subsections (a) and (b) of Section 4 of the
9    Workers' Compensation Act.
10    A complaint filed with the Department by the Illinois
11Workers' Compensation Commission or the Department of
12Insurance that includes a certification, signed by its
13Director or Chairman or designee, attesting to a finding of
14the failure to secure workers' compensation obligations in the
15manner required by subsections (a) and (b) of Section 4 of the
16Workers' Compensation Act or the failure to pay any fines or
17penalties or to discharge any obligation under a settlement
18relating to the failure to secure workers' compensation
19obligations in the manner required by subsections (a) and (b)
20of Section 4 of the Workers' Compensation Act is prima facie
21evidence of the licensee's or applicant's failure to comply
22with subsections (a) and (b) of Section 4 of the Workers'
23Compensation Act. Upon receipt of that certification, the
24Department shall, without a hearing, immediately suspend all
25licenses held by the licensee or the processing of any
26application from the applicant. Enforcement of the

 

 

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1Department's order shall be stayed for 60 days. The Department
2shall provide notice of the suspension to the licensee by
3mailing a copy of the Department's order to the licensee's or
4applicant's address of record or emailing a copy of the order
5to the licensee's or applicant's email address of record. The
6notice shall advise the licensee or applicant that the
7suspension shall be effective 60 days after the issuance of
8the order unless the Department receives, from the licensee or
9applicant, a request for a hearing before the Department to
10dispute the matters contained in the order.
11    Upon receiving notice from the Illinois Workers'
12Compensation Commission or the Department of Insurance that
13the violation has been corrected or otherwise resolved, the
14Department shall vacate the order suspending a licensee's
15license or the processing of an applicant's application.
16    No license shall be suspended or revoked until after the
17licensee is afforded any due process protection guaranteed by
18statute or rule adopted by the Workers' Compensation
19Commission or the Department of Insurance.
20    (6) All employees of a registered plumbing contractor who
21engage in plumbing work shall be licensed plumbers or
22apprentice plumbers in accordance with this Act.
23    (7) Plumbing contractors shall submit an annual
24registration fee in an amount to be established by rule.
25    (8) The Department shall be notified in advance of any
26changes in the business structure, name, or location or of the

 

 

HB2145 Engrossed- 26 -LRB103 28765 AMQ 55148 b

1addition or deletion of the owner or officer who is the
2licensed plumber listed on the application. Failure to notify
3the Department of this information is grounds for suspension
4or revocation of the plumbing contractor's registration.
5    (9) In the event that the plumber's license on the
6application for registration of a plumbing contractor is a
7license issued by the City of Chicago, it shall be the
8responsibility of the applicant to forward a copy of the
9plumber's license to the Department, noting the name of the
10registered plumbing contractor, when it is renewed. In the
11event that the plumbing contractor's registration is suspended
12or revoked, the Department shall notify the City of Chicago
13and any corresponding plumbing contractor's license issued by
14the City of Chicago shall be suspended or revoked.
15(Source: P.A. 97-365, eff. 1-1-12.)
 
16    Section 99. Effective date. This Act takes effect January
171, 2024.