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Public Act 097-0428
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| SB2145 Enrolled | LRB097 10309 CEL 50515 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Petroleum Equipment Contractors Licensing |
Act is amended by changing Sections 5, 25, 30, 35, 40, 45, and |
60 as follows:
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(225 ILCS 729/5)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 5. Definitions. For the purposes of this Act:
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"Employee" means a licensee or a person who is currently |
employed by a
contractor licensed under this Act whose full or |
part-time duties include
any activity specified in Section 35 |
of this Act.
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"Licensee" means a person or business organization |
licensed in accordance with this Act. |
"Person" means a natural person or any company, |
corporation, or other
business
entity.
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"Petroleum equipment contractor" or "contractor" means a |
person, company, or corporation that
installs, repairs, or |
removes underground storage tanks.
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(Source: P.A. 92-618, eff. 7-11-02.)
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(225 ILCS 729/25)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 25. Rules; report. The State Fire Marshal shall |
promulgate rules
consistent with the
provisions of
this Act for |
the administration and enforcement of this Act and may |
prescribe
forms that
shall be issued in connection with the |
rules promulgated under this Act. The
rules shall include |
standards and
criteria for licensure
registration, |
professional conduct, and discipline.
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(Source: P.A. 92-618, eff. 7-11-02.)
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(225 ILCS 729/30)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 30. Investigators. The State Fire Marshal may employ, |
in conformity
with the Personnel Code, the professional, |
technical, investigative, or
clerical help that
may be |
necessary for the enforcement of this Act. Each investigator |
shall have
a
minimum of 2 years investigative experience out of |
the preceding 5 years.
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An investigator may not hold an active license issued |
pursuant to this Act or
have
any fiduciary interest in any |
business licensed under this Act. This
prohibition
does not |
prohibit the investigator from holding stock in a publicly |
traded
business
licensed or regulated under this Act, provided |
that the investigator does not
hold more
than 5% of a publicly |
traded corporation the stock of the business.
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(Source: P.A. 92-618, eff. 7-11-02.)
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(225 ILCS 729/35)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 35. Licensure qualifications and fees.
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(a) Applicants for a license must submit to the Office all |
of the following:
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(1) fees as established by the Office;
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(2) evidence of registration as an Illinois |
corporation or other business entity and, when applicable, |
evidence of
compliance with the Assumed Business Name Act;
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(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
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(4) evidence of compliance with the qualifications and |
standards
established by the Office.
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(b) The contractor must possess a license
from the Office |
to perform the following
types of activity:
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(1) installation of underground storage tanks;
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(2) repair of USTs, which shall include retrofitting |
and installation of
cathodic protection systems;
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(3) decommissioning of USTs including abandonment in |
place;
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(4) relining of USTs;
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(5) tank and piping tightness testing;
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(6) testing of cathodic protection systems; and
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(7) any other category established by the Office of the |
State Fire
Marshal.
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(c) (Blank). The Office of the Fire Marshal shall adopt |
rules
outlining the minimum
amount of training required for |
personnel engaged in Underground Storage Tank
activity |
regulated under this Act.
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(Source: P.A. 92-618, eff. 7-11-02.)
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(225 ILCS 729/40)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 40. Application. Each application for a license to |
practice under
this Act
shall be electronically submitted or in |
writing and signed by the applicant on forms provided by the |
Office
of the
State Fire Marshal.
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(Source: P.A. 92-618, eff. 7-11-02.)
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(225 ILCS 729/45)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 45. Issuance of license; renewal.
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(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 and wallet card showing the name and |
business location
of the
licensee, and the dates of issuance |
and expiration, and shall contain a photograph
of the
licensee |
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provided to the State Fire Marshal.
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(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
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be set by rule. Failure to renew by the expiration date within |
60 days of the date shall cause the
license to lapse.
A lapsed |
license may not be reinstated until 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.
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(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.
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(Source: P.A. 92-618, eff. 7-11-02.)
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(225 ILCS 729/60)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 60. License renewal; display of license; inspection.
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(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
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determines to be in the interest of public safety.
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(b) A licensee shall report a change in home or office |
address within 10
days.
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(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. Each employee shall |
carry on his or her person a
wallet card
issued by the State |
Fire Marshal.
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(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.
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(e) Each licensee shall permit his or her facilities to be |
inspected by
representatives of
the Office of the State Fire |
Marshal.
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(Source: P.A. 92-618, eff. 7-11-02.)
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Section 90. The Regulatory Sunset Act is amended by |
changing Section 4.22 and by adding Section 4.32 as follows:
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(5 ILCS 80/4.22)
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Sec. 4.22. Acts repealed on January 1, 2012. The following
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Acts are repealed on January 1, 2012:
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The Detection of Deception Examiners Act.
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The Home Inspector License Act.
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The Interior Design Title Act.
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The Massage Licensing Act.
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The Petroleum Equipment Contractors Licensing Act.
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The Professional Boxing Act.
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The Real Estate Appraiser Licensing Act of 2002.
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The Water Well and Pump Installation Contractor's License |
Act.
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(Source: P.A. 95-331, eff. 8-21-07.)
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(5 ILCS 80/4.32 new) |
Sec. 4.32. Act repealed on January 1, 2022. The following |
Act is repealed on January 1, 2022: |
The Petroleum Equipment Contractors Licensing Act.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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