Full Text of SB1270 101st General Assembly
SB1270sam001 101ST GENERAL ASSEMBLY | Sen. Robert Peters Filed: 3/15/2019
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| 1 | | AMENDMENT TO SENATE BILL 1270
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1270 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Plumbing License Law is amended by | 5 | | changing Sections 8, 16, 19, and 35.5 and by adding Sections | 6 | | 8.5 and 29.6 as follows:
| 7 | | (225 ILCS 320/8) (from Ch. 111, par. 1107)
| 8 | | Sec. 8. Powers and duties of the Director. The Director | 9 | | shall:
| 10 | | (1) Prepare forms for application for examination for a | 11 | | plumber's license.
| 12 | | (2) Prepare and issue licenses as provided in this Act.
| 13 | | (3) With the aid of the Board prescribe rules and | 14 | | regulations for
examination of applicants for plumber's | 15 | | licenses.
| 16 | | (4) With the aid of the Board prepare and give uniform |
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| 1 | | and comprehensive
examinations to applicants for a | 2 | | plumber's license which shall test
their knowledge and | 3 | | qualifications in the planning and design of plumbing
| 4 | | systems, their knowledge, qualifications, and manual | 5 | | skills in plumbing,
and their knowledge of the State's | 6 | | minimum code of standards relating to
fixtures, materials, | 7 | | design and installation methods of plumbing
systems, | 8 | | promulgated pursuant to this Act.
| 9 | | (5) Issue a plumber's license and license renewal to | 10 | | every applicant who
has passed the examination and who has | 11 | | paid the required license and renewal
fee.
| 12 | | (6) Prescribe rules for hearings to deny, suspend, | 13 | | revoke or reinstate
licenses as provided in this Act.
| 14 | | (7) Maintain a current record showing (a) the names and | 15 | | addresses of
registered plumbing contractors,
licensed
| 16 | | plumbers, licensed apprentice plumbers, and licensed | 17 | | retired
plumbers, (b) the dates of issuance of
licenses, | 18 | | (c) the date and substance of the charges set forth in any | 19 | | hearing
for denial, suspension or revocation of any | 20 | | license, (d) the date and substance
of the final order | 21 | | issued upon each such hearing, and (e) the date and
| 22 | | substance
of all petitions for reinstatement of license and | 23 | | final orders on such
petitions.
| 24 | | (8) Prescribe, in consultation with the Board, uniform | 25 | | and reasonable
rules defining what constitutes an approved | 26 | | course of instruction in plumbing,
in colleges, |
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| 1 | | universities, or
trade schools, and approve or disapprove | 2 | | the courses of instruction offered
by such colleges, | 3 | | universities, or trade schools by reference to their
| 4 | | compliance
or noncompliance with such rules. Such rules | 5 | | shall be designed to assure
that an approved course of | 6 | | instruction will adequately teach the design,
planning, | 7 | | installation, replacement, extension, alteration and | 8 | | repair of
plumbing.
| 9 | | (9) Conduct hearings and impose civil penalties under | 10 | | Section 29.6 of this Law. | 11 | | Each instructor participating in a program of | 12 | | instruction in plumbing shall be: | 13 | | (a) an Illinois licensed plumber; | 14 | | (b) an individual who possesses a provisional | 15 | | career and technical educator endorsement on an | 16 | | educator license, issued by the State Board of | 17 | | Education pursuant to Section 21B-20 of the School Code | 18 | | in a field related to plumbing, such as hydraulics, | 19 | | pneumatics, or water chemistry; or | 20 | | (c) a representative of an industry or a | 21 | | manufacturing business related to plumbing, including, | 22 | | but not limited to, the copper industry, plastic pipe | 23 | | industry, or cast iron industry. Courses that are | 24 | | taught by industry representatives shall be | 25 | | educational and shall not be sales oriented. Industry | 26 | | representatives shall be assisted by an Illinois |
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| 1 | | licensed plumber during the presentation of a course of | 2 | | instruction. | 3 | | The instructor shall provide verification of the | 4 | | license or certificate. A copy of the instructor's educator | 5 | | license will establish verification. | 6 | | (Source: P.A. 99-504, eff. 1-1-17 .)
| 7 | | (225 ILCS 320/8.5 new) | 8 | | Sec. 8.5. Rules adopted under this Law. Rules adopted under | 9 | | this Law may not be subject to paragraph (9) of subsection (a) | 10 | | of Section 5-565 of the Civil Administrative Code of Illinois.
| 11 | | (225 ILCS 320/16) (from Ch. 111, par. 1115)
| 12 | | Sec. 16.
(1) Any city, village or incorporated town, having | 13 | | a population of
500,000 or more may, by an ordinance containing | 14 | | provisions substantially
the same as those in this Act and | 15 | | specifying educational or experience
requirements equivalent | 16 | | to those prescribed in this Act, provide for a
board of | 17 | | plumbing examiners to conduct examinations for, and to issue,
| 18 | | suspend, or revoke, plumbers' licenses, within such city, | 19 | | village or
incorporated town. Upon the enactment of such | 20 | | ordinance the licensing provisions of
this act shall not apply | 21 | | within any such municipality except as otherwise
provided | 22 | | herein.
| 23 | | (2) Any person licensed as a plumber pursuant to such | 24 | | ordinance, or
licensed by the Department under this Act, may |
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| 1 | | engage in plumbing anywhere
in this State.
| 2 | | (3) Any board of plumbing examiners created pursuant to | 3 | | this Section
shall maintain a current record similar to that | 4 | | required of the Director by
Section 8 of this Act, and shall | 5 | | provide the Department with a copy
thereof. The Department | 6 | | shall be advised of changes in such record at least
every six | 7 | | months.
| 8 | | (4) In the event that the plumbing contractor's license is | 9 | | suspended or revoked by any city, village, or incorporated | 10 | | town, having a population of 500,000 or more, the city, | 11 | | village, or incorporated town shall notify the Department. | 12 | | (5) Any city, village, or incorporated town having a | 13 | | population of
500,000 or more that licenses an individual as a | 14 | | plumber shall provide a license composed of a solid plastic | 15 | | card that includes a photo of the licensed plumber printed | 16 | | directly on the card. An applicant who is 21 years of age or | 17 | | older seeking a religious exemption to the photo requirement of | 18 | | this subsection shall furnish with his or her application an | 19 | | approved copy of United States Department of the Treasury | 20 | | Internal Revenue Service Form 4029. Regardless of age, an | 21 | | applicant seeking a religious exemption to this photo | 22 | | requirement shall submit fingerprints in a form and manner | 23 | | prescribed by the city, village, or incorporated town with his | 24 | | or her application in lieu of a photo. | 25 | | (Source: P.A. 97-365, eff. 1-1-12; 97-1137, eff. 6-1-13; | 26 | | 98-848, eff. 1-1-15 .)
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| 1 | | (225 ILCS 320/19) (from Ch. 111, par. 1118)
| 2 | | Sec. 19.
The Director, after notice and opportunity for | 3 | | hearing to the
applicant, license holder, or registrant, may | 4 | | deny, suspend, or
revoke a
license or registration in any case | 5 | | in which he or she finds that there has
been a
substantial | 6 | | failure to comply with the provisions of this Act or the
| 7 | | standards, rules, and regulations established under this Act or | 8 | | failure to pay any fee or fine imposed by the Department .
| 9 | | The Director after notice and opportunity for hearing, may | 10 | | assess civil penalties to any person for violations of this Act | 11 | | or the rules adopted under this Act. Notice shall be provided | 12 | | by certified mail or by personal service
setting forth the | 13 | | particular reasons for the proposed action and fixing a
date, | 14 | | not less than 20 days from the date of the mailing or service, | 15 | | within
which time the person, applicant , or license holder must | 16 | | request in
writing a hearing. Failure to serve upon the | 17 | | Department a request for
hearing in writing within the time | 18 | | provided in the notice shall constitute
a waiver of the | 19 | | person's right to an administrative hearing.
| 20 | | The hearing shall be conducted by the Director or by an | 21 | | individual
designated in writing by the Director as a hearing | 22 | | officer to conduct the
hearing. The Director or hearing officer | 23 | | shall give written notice of the
time and place of the hearing, | 24 | | by certified mail or personal service, to
the person, | 25 | | applicant, license holder, or registrant at least 10 days prior
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| 1 | | to the hearing. On
the basis of the hearing, or upon default of | 2 | | the applicant, license
holder, or registrant, the Director | 3 | | shall make a determination specifying
his or her
findings and | 4 | | conclusions. A copy of the determination shall be sent by
| 5 | | certified mail or served personally upon the person, applicant, | 6 | | license
holder, or registrant.
The decision of the Director | 7 | | shall be final on issues of fact and final in
all respects | 8 | | unless judicial review is sought as provided in this Act.
| 9 | | The procedure governing hearings authorized by this | 10 | | Section shall be in
accordance with rules promulgated by the | 11 | | Department. A full and complete
record shall be kept of all | 12 | | proceedings, including the notice of hearing,
complaint, and | 13 | | all other documents in the nature of pleadings, written
motions | 14 | | filed in the proceedings, and the report and orders of the | 15 | | Director
and hearing officer.
| 16 | | The Department at its expense shall provide a court | 17 | | reporter to take
testimony. Technical error in the proceedings | 18 | | before the Department or
hearing officer or their failure to | 19 | | observe the technical rules of evidence
shall not be grounds | 20 | | for the reversal of any administrative decision unless
it | 21 | | appears to the Court that such error or failure materially | 22 | | affects the
rights of any party and results in substantial | 23 | | injustice to them.
| 24 | | The Department or hearing officer, or any parties in an | 25 | | investigation
or hearing before the Department, may cause the | 26 | | depositions of witnesses
within the State to be taken in the |
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| 1 | | manner prescribed by law for
depositions in civil actions in | 2 | | courts of this State, and
compel the attendance of witnesses | 3 | | and the production of books, papers,
records, or memoranda.
| 4 | | The Department shall not be required to certify any record | 5 | | to the
Court or file any answer in Court or otherwise appear in | 6 | | any Court in a
judicial review proceeding, unless there is | 7 | | filed in the Court with the
complaint a receipt from the | 8 | | Department acknowledging payment of the costs
of furnishing and | 9 | | certifying the record. Such cost shall be paid by the
party | 10 | | requesting a copy of the record. Failure on the part of the | 11 | | person
requesting a copy of the record to pay the cost shall be | 12 | | grounds for dismissal
of the action.
| 13 | | (Source: P.A. 91-678, eff. 1-26-00.)
| 14 | | (225 ILCS 320/29.6 new) | 15 | | Sec. 29.6. Civil penalties for violations. Any person who | 16 | | violates any provision of this Law or any rule, regulation, or | 17 | | plumbing code adopted under this Law shall, in addition to any | 18 | | other penalty provided by this Law, be subject to a civil | 19 | | penalty of $100 per day, per violation. Civil penalties | 20 | | collected under this Section shall be deposited into the | 21 | | Plumbing Licensure and Program Fund. | 22 | | (225 ILCS 320/35.5) | 23 | | Sec. 35.5. Lead in drinking water prevention. | 24 | | (a) The General Assembly finds that lead has been detected |
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| 1 | | in the drinking water of schools in this State. The General | 2 | | Assembly also finds that infants and young children may suffer | 3 | | adverse health effects and developmental delays as a result of | 4 | | exposure to even low levels of lead. The General Assembly | 5 | | further finds that it is in the best interests of the people of | 6 | | the State to require school districts or chief school | 7 | | administrators, or the designee of the school district or chief | 8 | | school administrator, to test for lead in drinking water in | 9 | | school buildings and provide written notification of the test | 10 | | results. | 11 | | The purpose of this Section is to require (i) school | 12 | | districts or chief school administrators, or the designees of | 13 | | the school districts or chief school administrators, to test | 14 | | for lead with the goal of providing school building occupants | 15 | | with an adequate supply of safe, potable water; and (ii) school | 16 | | districts or chief school administrators, or the designees of | 17 | | the school districts or chief school administrators, to notify | 18 | | the parents and legal guardians of enrolled students of the | 19 | | sampling results from their respective school buildings. | 20 | | (b) For the purposes of this Section: | 21 | | "Community water system" has the meaning provided in 35 | 22 | | Ill. Adm. Code 611.101. | 23 | | "School building" means any facility or portion thereof | 24 | | that was constructed on or before January 1, 2000 and may be | 25 | | occupied by more than 10 children or students, pre-kindergarten | 26 | | through grade 5, under the control of (a) a school district or |
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| 1 | | (b) a public, private, charter, or nonpublic day or residential | 2 | | educational institution. | 3 | | "Source of potable water" means the point at which | 4 | | non-bottled water that may be ingested by children or used for | 5 | | food preparation exits any tap, faucet, drinking fountain, wash | 6 | | basin in a classroom occupied by children or students under | 7 | | grade 1, or similar point of use; provided, however, that all | 8 | | (a) bathroom sinks and (b) wash basins used by janitorial staff | 9 | | are excluded from this definition. | 10 | | (c) Each school district or chief school administrator, or | 11 | | the designee of each school district or chief school | 12 | | administrator, shall test each source of potable water in a | 13 | | school building for lead contamination as required in this | 14 | | subsection. | 15 | | (1) Each school district or chief school | 16 | | administrator, or the designee of each school district or | 17 | | chief school administrator, shall, at a minimum, (a) | 18 | | collect a first-draw 250 milliliter sample of water, (b) | 19 | | flush for 30 seconds, and (c) collect a second-draw 250 | 20 | | milliliter sample from each source of potable water located | 21 | | at each corresponding school building; provided, however, | 22 | | that to the extent that multiple sources of potable water | 23 | | utilize the same drain, (i) the foregoing collection | 24 | | protocol is required for one such source of potable water, | 25 | | and (ii) only a first-draw 250 milliliter sample of water | 26 | | is required from the remaining such sources of potable |
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| 1 | | water. The water corresponding to the first-draw 250 | 2 | | milliliter sample from each source of potable water shall | 3 | | have been standing in the plumbing pipes for at least 8 | 4 | | hours, but not more than 18 hours, without any flushing of | 5 | | the source of potable water before sample collection. | 6 | | (2) Each school district or chief school | 7 | | administrator, or the designee of each school district or | 8 | | chief school administrator, shall arrange to have the | 9 | | samples it collects pursuant to subdivision (1) of this | 10 | | subsection submitted to a laboratory that is certified for | 11 | | the analysis of lead in drinking water in accordance with | 12 | | accreditation requirements developed by a national | 13 | | laboratory accreditation body, such as the National | 14 | | Environmental Laboratory Accreditation Conference (NELAC) | 15 | | Institute (TNI) . Samples submitted to laboratories | 16 | | pursuant to this subdivision (2) shall be analyzed for lead | 17 | | using one of the test methods for lead that is described in | 18 | | 40 CFR 141.23(k)(1). Within 7 days after receiving a final | 19 | | analytical result concerning a sample collected pursuant | 20 | | to subdivision (1) of this subsection, the school district | 21 | | or chief school administrator, or a designee of the school | 22 | | district or chief school administrator, that collected the | 23 | | sample shall provide the final analytical result to the | 24 | | Department. | 25 | | (3) If any of the samples taken in the school exceed 5 | 26 | | parts per billion, the school district or chief school |
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| 1 | | administrator, or the designee of the school district or | 2 | | chief school administrator, shall promptly provide an | 3 | | individual notification of the sampling results, via | 4 | | written or electronic communication, to the parents or | 5 | | legal guardians of all enrolled students and include the | 6 | | following information: the corresponding sampling location | 7 | | within the school building and the United States | 8 | | Environmental Protection Agency's website for information | 9 | | about lead in drinking water. If any of the samples taken | 10 | | at the school are at or below 5 parts per billion, | 11 | | notification may be made as provided in this paragraph or | 12 | | by posting on the school's website. | 13 | | (4) Sampling and analysis required under this Section | 14 | | shall be completed by the following applicable deadlines: | 15 | | for school buildings constructed prior to January 1, 1987, | 16 | | by December 31, 2017; and for school buildings constructed | 17 | | between January 2, 1987 and January 1, 2000, by December | 18 | | 31, 2018. | 19 | | (5) A school district or chief school administrator, or | 20 | | the designee of the school district or chief school | 21 | | administrator, may seek a waiver of the requirements of | 22 | | this subsection from the Department, if (A) the school | 23 | | district or chief school administrator, or the designee of | 24 | | the school district or chief school administrator, | 25 | | collected at least one 250 milliliter or greater sample of | 26 | | water from each source of potable water that had been |
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| 1 | | standing in the plumbing pipes for at least 6 hours and | 2 | | that was collected without flushing the source of potable | 3 | | water before collection, (B) a laboratory described in | 4 | | subdivision (2) of this subsection analyzed the samples in | 5 | | accordance with a test method described in that | 6 | | subdivision, (C) test results were obtained prior to the | 7 | | effective date of this amendatory Act of the 99th General | 8 | | Assembly, but after January 1, 2013, and (D) test results | 9 | | were submitted to the Department within 120 days of the | 10 | | effective date of this amendatory Act of the 99th General | 11 | | Assembly. | 12 | | (6) The owner or operator of a community water system | 13 | | may agree to pay for the cost of the laboratory analysis of | 14 | | the samples required under this Section and may utilize the | 15 | | lead hazard cost recovery fee under Section 11-150.1-1 of | 16 | | the Illinois Municipal Code or other available funds to | 17 | | defray said costs. | 18 | | (7) Lead sampling results obtained shall not be used | 19 | | for purposes of determining compliance with the Board's | 20 | | rules that implement the national primary drinking water | 21 | | regulations for lead and copper. | 22 | | (c-5) Each park district, municipal park, forest preserve, | 23 | | museum, publicly funded institution of higher learning, and | 24 | | recreation agency, or special recreation agency, or its | 25 | | designee, shall test each source of potable water in each of | 26 | | its public buildings and parks for lead contamination as |
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| 1 | | required in this subsection and notify the public according to | 2 | | the following requirements: | 3 | | (1) Collect water samples in accordance with rules | 4 | | adopted by the Department and submit to the Illinois | 5 | | Environmental Protection Agency Laboratory in accordance | 6 | | with rules adopted by the Department. | 7 | | (2) Laboratory test results for any sample taken under | 8 | | this subsection received by the park district, municipal | 9 | | park, forest preserve, museum, publicly funded institution | 10 | | of higher learning and recreation agency, or special | 11 | | recreation agency, or its designee, shall be provided to | 12 | | the public via a publication circulated in the county where | 13 | | the public buildings and parks are located, and on a | 14 | | website which is used by the public to obtain general | 15 | | information about the public building or park or by a | 16 | | physical posting in a conspicuous location at the public | 17 | | building or park in such fashion so as to be seen by the | 18 | | public. The public notifications shall include the | 19 | | following: (i) the corresponding sampling location within | 20 | | the public building or park, (ii) the actual test results | 21 | | for each location sampled, and (iii) the Department's | 22 | | website for information about lead in drinking water. | 23 | | (3) A park district, municipal park, forest preserve, | 24 | | publicly funded institution of higher learning and | 25 | | recreation agency, or special recreation agency, or its | 26 | | designee, may seek a waiver of testing requirements of this |
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| 1 | | subsection from the Department as prescribed by the rules | 2 | | adopted by the Department. | 3 | | The Department shall adopt rules that prescribe the | 4 | | procedures and standards to be used by the Department in | 5 | | assessing levels of lead in water in school buildings that | 6 | | serve children under the age of 6 and public buildings and | 7 | | parks operated by a park district, municipal park, forest | 8 | | preserve, museum, publicly funded institution of higher | 9 | | learning and recreation agency, or special recreation agency. | 10 | | Such rules shall, at a minimum, prescribe sampling methods, | 11 | | compliance deadlines, submission of analytical results, | 12 | | testing parameters, waiver of requirements, remediation | 13 | | requirements and validation for remediation in accordance with | 14 | | this Section. | 15 | | The owner or operator of a community water system may agree | 16 | | to pay for the cost of the laboratory analysis of the samples | 17 | | required under this subsection and may utilize the lead hazard | 18 | | cost recovery fee under Section 11-150 of the Illinois | 19 | | Municipal Code or other available funds to defray costs. | 20 | | Lead sampling results obtained shall not be used for | 21 | | determining compliance with the Pollution Control Board's | 22 | | rules implementing the national primary drinking regulations | 23 | | for lead and copper. | 24 | | (d) By no later than June 30, 2019, the Department shall | 25 | | determine whether it is necessary and appropriate to protect | 26 | | public health to require schools constructed in whole or in |
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| 1 | | part after January 1, 2000 to conduct testing for lead from | 2 | | sources of potable water, taking into account, among other | 3 | | relevant information, the results of testing conducted | 4 | | pursuant to this Section. Schools constructed on or before | 5 | | January 1, 2014 shall conduct testing for lead in water in | 6 | | accordance with this Section and the rules adopted by the | 7 | | Department. | 8 | | (e) Within 90 days of the effective date of this amendatory | 9 | | Act of the 99th General Assembly, the Department shall post on | 10 | | its website guidance on mitigation actions for lead in drinking | 11 | | water, and ongoing water management practices, in schools. In | 12 | | preparing such guidance, the Department may, in part, reference | 13 | | the United States Environmental Protection Agency's 3Ts for | 14 | | Reducing Lead in Drinking Water in Schools.
| 15 | | (Source: P.A. 99-922, eff. 1-17-17; 100-103, eff. 8-11-17.) | 16 | | Section 10. The Environmental Protection Act is amended by | 17 | | adding Section 17.12 as follows: | 18 | | (415 ILCS 5/17.12 new) | 19 | | Sec. 17.12. Lead testing fee. | 20 | | (a) The Agency shall accept drinking water samples | 21 | | collected under Section 35.5 of the Illinois Plumbing License | 22 | | Law and analyze the accepted samples for lead using one of the | 23 | | test methods for lead that is described in 40 C.F.R | 24 | | 141.23(k)(1). The agency shall analyze each collected sample |
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| 1 | | for lead within the holding time specified in the applicable | 2 | | test method, and within 30 days after completing its analysis, | 3 | | shall report the test results to the Department of Public | 4 | | Health and the person who submitted the sample to the agency. | 5 | | (b) The Agency shall collect a $20 lead testing fee for | 6 | | each sample accepted for analysis under this Section. Fees | 7 | | collected by the agency under this Section shall be deposited | 8 | | in the Community Water Supply Laboratory Fund and used by the | 9 | | agency for the purposes of providing services under this | 10 | | Section and Section 17.7. | 11 | | (c) The Agency is authorized to adopt rules necessary to | 12 | | implement this Section. ".
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