Illinois General Assembly - Full Text of SB2145
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Full Text of SB2145  97th General Assembly




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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 Petroleum Equipment Contractors Licensing
5Act is amended by changing Sections 5, 25, 30, 35, 40, 45, and
660 as follows:
7    (225 ILCS 729/5)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 5. Definitions. For the purposes of this Act:
10    "Employee" means a licensee or a person who is currently
11employed by a contractor licensed under this Act whose full or
12part-time duties include any activity specified in Section 35
13of this Act.
14    "Licensee" means a person or business organization
15licensed in accordance with this Act.
16    "Person" means a natural person or any company,
17corporation, or other business entity.
18    "Petroleum equipment contractor" or "contractor" means a
19person, company, or corporation that installs, repairs, or
20removes underground storage tanks.
21(Source: P.A. 92-618, eff. 7-11-02.)
22    (225 ILCS 729/25)



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1    (Section scheduled to be repealed on January 1, 2012)
2    Sec. 25. Rules; report. The State Fire Marshal shall
3promulgate rules consistent with the provisions of this Act for
4the administration and enforcement of this Act and may
5prescribe forms that shall be issued in connection with the
6rules promulgated under this Act. The rules shall include
7standards and criteria for licensure registration,
8professional conduct, and discipline.
9(Source: P.A. 92-618, eff. 7-11-02.)
10    (225 ILCS 729/30)
11    (Section scheduled to be repealed on January 1, 2012)
12    Sec. 30. Investigators. The State Fire Marshal may employ,
13in conformity with the Personnel Code, the professional,
14technical, investigative, or clerical help that may be
15necessary for the enforcement of this Act. Each investigator
16shall have a minimum of 2 years investigative experience out of
17the preceding 5 years.
18    An investigator may not hold an active license issued
19pursuant to this Act or have any fiduciary interest in any
20business licensed under this Act. This prohibition does not
21prohibit the investigator from holding stock in a publicly
22traded business licensed or regulated under this Act, provided
23that the investigator does not hold more than 5% of a publicly
24traded corporation the stock of the business.
25(Source: P.A. 92-618, eff. 7-11-02.)



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1    (225 ILCS 729/35)
2    (Section scheduled to be repealed on January 1, 2012)
3    Sec. 35. Licensure qualifications and fees.
4    (a) Applicants for a license must submit to the Office all
5of the following:
6        (1) fees as established by the Office;
7        (2) evidence of registration as an Illinois
8    corporation or other business entity and, when applicable,
9    evidence of compliance with the Assumed Business Name Act;
10        (3) evidence of financial responsibility in a minimum
11    amount of $1,000,000 through liability insurance,
12    self-insurance, group insurance, group self-insurance, or
13    risk retention groups that must include completed
14    operations and environmental impairment; and
15        (4) evidence of compliance with the qualifications and
16    standards established by the Office.
17    (b) The contractor must possess a license from the Office
18to perform the following types of activity:
19        (1) installation of underground storage tanks;
20        (2) repair of USTs, which shall include retrofitting
21    and installation of cathodic protection systems;
22        (3) decommissioning of USTs including abandonment in
23    place;
24        (4) relining of USTs;
25        (5) tank and piping tightness testing;



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1        (6) testing of cathodic protection systems; and
2        (7) any other category established by the Office of the
3    State Fire Marshal.
4    (c) (Blank). The Office of the Fire Marshal shall adopt
5rules outlining the minimum amount of training required for
6personnel engaged in Underground Storage Tank activity
7regulated under this Act.
8(Source: P.A. 92-618, eff. 7-11-02.)
9    (225 ILCS 729/40)
10    (Section scheduled to be repealed on January 1, 2012)
11    Sec. 40. Application. Each application for a license to
12practice under this Act shall be electronically submitted or in
13writing and signed by the applicant on forms provided by the
14Office of the State Fire Marshal.
15(Source: P.A. 92-618, eff. 7-11-02.)
16    (225 ILCS 729/45)
17    (Section scheduled to be repealed on January 1, 2012)
18    Sec. 45. Issuance of license; renewal.
19    (a) The State Fire Marshal shall, upon the applicant's
20satisfactory completion of the requirements authorized under
21this Act, and upon receipt of the requisite fees, issue the
22appropriate license and wallet card showing the name and
23business location of the licensee, and the dates of issuance
24and expiration, and shall contain a photograph of the licensee



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1provided to the State Fire Marshal.
2    (b) Each licensee may apply for renewal of his or her
3license upon payment of the requisite fee. The expiration date
4and renewal period for each license issued under this Act shall
5be set by rule. Failure to renew by the expiration date within
660 days of the date shall cause the license to lapse. A lapsed
7license may not be reinstated until a written application is
8filed, the renewal fee is paid, and a $50 reinstatement fee is
9paid. The renewal and reinstatement fees shall be waived for
10persons who did not renew while on active duty in the military
11and who file for renewal or restoration within one year after
12discharge from the active duty service.
13    (c) All fees paid pursuant to this Act are non-refundable.
14This shall not preclude the State Fire Marshal from refunding
15accidental overpayment of fees.
16(Source: P.A. 92-618, eff. 7-11-02.)
17    (225 ILCS 729/60)
18    (Section scheduled to be repealed on January 1, 2012)
19    Sec. 60. License renewal; display of license; inspection.
20    (a) As a condition of renewal of a license, the State Fire
21Marshal may require the licensee to report information
22pertaining to his or her practice that the State Fire Marshal
23determines to be in the interest of public safety.
24    (b) A licensee shall report a change in home or office
25address within 10 days.



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1    (c) Each licensee shall prominently display his or her
2license to practice at each place from which the practice is
3being performed. If more than one location is used, branch
4office certificates shall be issued upon payment of the fees to
5be established by the State Fire Marshal. Each employee shall
6carry on his or her person a wallet card issued by the State
7Fire Marshal.
8    (d) If a license or certificate is lost, a duplicate shall
9be issued upon payment of the required fee to be established by
10the State Fire Marshal. If a licensee wishes to change his or
11her name, the State Fire Marshal shall issue a license in the
12new name upon payment of the required fee and upon receipt of
13satisfactory proof that the change was done in accordance with
15    (e) Each licensee shall permit his or her facilities to be
16inspected by representatives of the Office of the State Fire
18(Source: P.A. 92-618, eff. 7-11-02.)
19    Section 90. The Regulatory Sunset Act is amended by
20changing Section 4.22 and by adding Section 4.32 as follows:
21    (5 ILCS 80/4.22)
22    Sec. 4.22. Acts repealed on January 1, 2012. The following
23Acts are repealed on January 1, 2012:
24    The Detection of Deception Examiners Act.



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1    The Home Inspector License Act.
2    The Interior Design Title Act.
3    The Massage Licensing Act.
4    The Petroleum Equipment Contractors Licensing Act.
5    The Professional Boxing Act.
6    The Real Estate Appraiser Licensing Act of 2002.
7    The Water Well and Pump Installation Contractor's License
9(Source: P.A. 95-331, eff. 8-21-07.)
10    (5 ILCS 80/4.32 new)
11    Sec. 4.32. Act repealed on January 1, 2022. The following
12Act is repealed on January 1, 2022:
13    The Petroleum Equipment Contractors Licensing Act.
14    Section 99. Effective date. This Act takes effect upon
15becoming law.