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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3735
Introduced 2/25/2009, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED:
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225 ILCS 320/13.1 |
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225 ILCS 320/16.2 new |
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225 ILCS 320/42 |
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Amends the Illinois Plumbing License Law. Authorizes a municipality with a
population of 500,000 or more to provide for the registration of
plumbing contractors by local ordinance. Allows plumbing contractors registered either (i) by the municipality under such
an ordinance or (ii) by the Department under the Act to engage in the business of plumbing contractor anywhere in this State.
Requires the municipality to
maintain a current record of registered plumbing contractors. Preempts home rule with regard to the registration of plumbing contractors. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
HOME RULE NOTE ACT MAY APPLY |
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A BILL FOR
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HB3735 |
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LRB096 04700 ASK 14762 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 Illinois Plumbing License Law is amended by |
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| changing Sections 13.1 and 42 and by adding Section 16.2 as |
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| follows:
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| (225 ILCS 320/13.1)
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| Sec. 13.1. Plumbing contractors; registration; |
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| applications.
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| (1) All On and after May 1, 2002, all persons or |
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| corporations desiring to
engage in
the
business of plumbing |
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| contractor, other than any entity that maintains an
audited net |
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| worth of shareholders' equity equal to or exceeding |
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| $100,000,000,
shall
register in accordance with either the
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| provisions of this
Section or an ordinance authorized under |
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| Section 16.2 Act.
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| (2) Application for registration shall be filed with the |
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| Department each
year, on
or before the last day of
September, |
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| in writing and on forms
prepared and
furnished by the |
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| Department. All plumbing contractor registrations expire
on |
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| the last
day of
September of each year.
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| (3) Applications shall contain the name, address, and |
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| telephone number of
the
person and the plumbing license of (i) |
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HB3735 |
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LRB096 04700 ASK 14762 b |
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| the individual, if a sole
proprietorship; (ii) the
partner, if |
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| a partnership; or (iii) an officer, if a corporation. The
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| application shall contain
the business name, address, and |
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| telephone number, a current copy of the
plumbing
license, and |
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| any other information the Department may require by rule.
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| (4) Applicants shall submit an original certificate of |
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| insurance
documenting that
the contractor carries general |
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| liability insurance with a minimum of $100,000
per
occurrence, |
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| a minimum of $300,000 aggregate
for bodily injury,
property |
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| damage insurance with a minimum of $50,000 or a minimum of |
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| $300,000
combined single limit, and workers compensation
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| insurance with a minimum $500,000 employer's liability. No |
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| registration
may be issued in the
absence of this
certificate. |
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| Certificates must be in force at all times for registration to
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| remain valid.
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| (5) Applicants shall submit, on a form provided by the |
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| Department, an
indemnification bond in the amount of $20,000 or |
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| a letter of credit in the same
amount
for work performed in |
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| accordance with this Act and the rules promulgated under
this |
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| Act.
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| (6) All employees of a registered
plumbing
contractor who |
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| engage in plumbing work shall be licensed plumbers or |
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| apprentice
plumbers in accordance with this Act.
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| (7) Plumbing contractors shall submit an annual |
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| registration fee in an
amount to
be established by rule.
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| (8) The Department shall be notified in advance of any |
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HB3735 |
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LRB096 04700 ASK 14762 b |
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| changes in the
business
structure, name, or location or of the |
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| addition or deletion of the owner or
officer who is the
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| licensed plumber listed on the application. Failure to notify |
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| the Department
of this
information is grounds for suspension or |
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| revocation of the plumbing
contractor's
registration.
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| (9) In the event that the plumber's license on the |
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| application for
registration of a
plumbing contractor is a |
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| license issued by the City of Chicago, it shall be the
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| responsibility of the
applicant to forward a copy of the |
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| plumber's license to the Department, noting
the name of the
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| registered
plumbing contractor, when it is renewed.
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| (10) The
Department shall
maintain a current record of |
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| plumbing contractors registered under this Section. The |
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| Department shall provide a copy of the record to any |
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| municipality that enacts an ordinance under Section 16.2, and |
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| shall advise the municipality of changes in the record at least |
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| once every 6
months. |
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| (Source: P.A. 94-55, eff. 6-17-05; 94-258, eff. 7-19-05; |
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| 95-331, eff. 8-21-07.)
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| (225 ILCS 320/16.2 new) |
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| Sec. 16.2. Local ordinances; plumbing contractors. |
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| (a) Any municipality having a population
of 500,000 or |
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| more, by an ordinance containing provisions substantially the
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| same as those in this Act with respect to the registration of
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| plumbing contractors, may provide for the registration of |
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HB3735 |
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LRB096 04700 ASK 14762 b |
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| plumbing contractors
within that municipality. Upon the |
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| effective date of the
ordinance, the provisions of this Act |
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| relating to the registration of plumbing contractors shall
not |
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| apply within that
municipality except as otherwise provided in |
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| this Act. |
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| (b) Any person registered as a plumbing contractor either |
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| (i) by the municipality under such
an ordinance or (ii) by the |
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| Department under Section 13.1 may engage in the business of |
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| plumbing contractor anywhere in this State. |
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| (c) A municipality enacting an ordinance under this Section |
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| shall
maintain a current record of registered plumbing |
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| contractors similar to that required of the Department under |
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| Section
13.1, and shall provide the Department with a copy of |
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| the record. The
Department shall be advised of changes in the |
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| record at least once every 6
months.
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| (225 ILCS 320/42)
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| Sec. 42. Home rule. Pursuant to paragraph (h) of Section 6 |
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| of Article
VII
of the Illinois Constitution of 1970 the power |
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| to regulate the licensing of
plumbers, to promulgate the |
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| promulgation of a minimum plumbing code of
standards,
and the |
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| power to regulate the registration of irrigation contractors |
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| and plumbing contractors shall,
except as may otherwise be |
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| provided within and pursuant to the provisions of
Section 16, |
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| and Section 16.1, and Section 16.2 of this Act, be exercised by |
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| the State and may
not be exercised by
any unit of local |