Full Text of HB3735 96th General Assembly
HB3735ham001 96TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 4/1/2009
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| AMENDMENT TO HOUSE BILL 3735
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| AMENDMENT NO. ______. Amend House Bill 3735 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Plumbing License Law is amended by | 5 |
| changing Sections 13.1 and 42 and by adding Section 16.2 as | 6 |
| follows:
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| (225 ILCS 320/13.1)
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| Sec. 13.1. Plumbing contractors; registration; | 9 |
| applications.
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| (1) All On and after May 1, 2002, all persons or | 11 |
| corporations desiring to
engage in
the
business of plumbing | 12 |
| contractor, other than any entity that maintains an
audited net | 13 |
| worth of shareholders' equity equal to or exceeding | 14 |
| $100,000,000,
shall
register in accordance with either the
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| provisions of this
Section or an ordinance authorized under | 16 |
| Section 16.2 Act .
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| (2) Application for registration shall be filed with the | 2 |
| Department each
year, on
or before the last day of
September, | 3 |
| in writing and on forms
prepared and
furnished by the | 4 |
| Department. All plumbing contractor registrations expire
on | 5 |
| the last
day of
September of each year.
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| (3) Applications shall contain the name, address, and | 7 |
| telephone number of
the
person and the plumbing license of (i) | 8 |
| the individual, if a sole
proprietorship; (ii) the
partner, if | 9 |
| a partnership; or (iii) an officer, if a corporation. The
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| application shall contain
the business name, address, and | 11 |
| telephone number, a current copy of the
plumbing
license, and | 12 |
| any other information the Department may require by rule.
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| (4) Applicants shall submit an original certificate of | 14 |
| insurance
documenting that
the contractor carries general | 15 |
| liability insurance with a minimum of $100,000
per
occurrence, | 16 |
| a minimum of $300,000 aggregate
for bodily injury,
property | 17 |
| damage insurance with a minimum of $50,000 or a minimum of | 18 |
| $300,000
combined single limit, and workers compensation
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| insurance with a minimum $500,000 employer's liability. No | 20 |
| registration
may be issued in the
absence of this
certificate. | 21 |
| 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 | 24 |
| Department, an
indemnification bond in the amount of $20,000 or | 25 |
| a letter of credit in the same
amount
for work performed in | 26 |
| 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 | 3 |
| engage in plumbing work shall be licensed plumbers or | 4 |
| apprentice
plumbers in accordance with this Act.
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| (7) Plumbing contractors shall submit an annual | 6 |
| registration fee in an
amount to
be established by rule.
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| (8) The Department shall be notified in advance of any | 8 |
| changes in the
business
structure, name, or location or of the | 9 |
| addition or deletion of the owner or
officer who is the
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| licensed plumber listed on the application. Failure to notify | 11 |
| the Department
of this
information is grounds for suspension or | 12 |
| revocation of the plumbing
contractor's
registration.
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| (9) In the event that the plumber's license on the | 14 |
| application for
registration of a
plumbing contractor is a | 15 |
| 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 | 17 |
| 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 | 20 |
| plumbing contractors registered under this Section. The | 21 |
| Department shall provide a copy of the record to any | 22 |
| municipality that enacts an ordinance under Section 16.2, and | 23 |
| shall advise the municipality of changes in the record at least | 24 |
| once every 6
months. | 25 |
| (Source: P.A. 94-55, eff. 6-17-05; 94-258, eff. 7-19-05; | 26 |
| 95-331, eff. 8-21-07.)
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| (225 ILCS 320/16.2 new) | 2 |
| Sec. 16.2. Local ordinances; plumbing contractors. | 3 |
| (a) Any municipality having a population
of less than | 4 |
| 500,000, by an ordinance containing provisions substantially | 5 |
| the
same as those in this Act with respect to the registration | 6 |
| of
plumbing contractors, may provide for the registration of | 7 |
| plumbing contractors
within that municipality. Upon the | 8 |
| effective date of the
ordinance, the provisions of this Act | 9 |
| relating to the registration of plumbing contractors shall
not | 10 |
| apply within that
municipality except as otherwise provided in | 11 |
| this Act. | 12 |
| (b) A municipality enacting an ordinance under this Section | 13 |
| shall
maintain a current record of registered plumbing | 14 |
| contractors similar to that required of the Department under | 15 |
| Section
13.1, and shall provide the Department with a copy of | 16 |
| the record. The
Department shall be advised of changes in the | 17 |
| 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 | 20 |
| of Article
VII
of the Illinois Constitution of 1970 the power | 21 |
| to regulate the licensing of
plumbers, to promulgate the | 22 |
| promulgation of a minimum plumbing code of
standards,
and the | 23 |
| power to regulate the registration of irrigation contractors | 24 |
| and plumbing contractors shall,
except as may otherwise be |
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| provided within and pursuant to the provisions of
Section 16 , | 2 |
| and Section 16.1 , and Section 16.2 of this Act, be exercised by | 3 |
| the State and may
not be exercised by
any unit of local | 4 |
| government, including home rule units , except that cities | 5 |
| having a population in excess of 500,000 shall not be preempted | 6 |
| with respect to the licensing of plumbing contractors .
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| (Source: P.A. 91-678, eff. 1-26-00.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.".
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