Illinois General Assembly - Full Text of HB4301
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Full Text of HB4301  102nd General Assembly

HB4301ham002 102ND GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 2/15/2022

 

 


 

 


 
10200HB4301ham002LRB102 21851 AMQ 36447 a

1
AMENDMENT TO HOUSE BILL 4301

2    AMENDMENT NO. ______. Amend House Bill 4301 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.33 and 4.38 as follows:
 
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional

 

 

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1Counselor Licensing and Practice Act.
2    The Wholesale Drug Distribution Licensing Act.
3(Source: P.A. 101-621, eff. 12-20-19.)
 
4    (5 ILCS 80/4.38)
5    Sec. 4.38. Acts repealed on January 1, 2028. The following
6Acts are repealed on January 1, 2028:
7    The Acupuncture Practice Act.
8    The Clinical Social Work and Social Work Practice Act.
9    The Fire Equipment Distributor and Employee Regulation Act
10of 2011.
11    The Home Medical Equipment and Services Provider License
12Act.
13    The Illinois Petroleum Education and Marketing Act.
14    The Illinois Speech-Language Pathology and Audiology
15Practice Act.
16    The Interpreter for the Deaf Licensure Act of 2007.
17    The Nurse Practice Act.
18    The Nursing Home Administrators Licensing and Disciplinary
19Act.
20    The Physician Assistant Practice Act of 1987.
21    The Podiatric Medical Practice Act of 1987.
22(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
23100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
248-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
25100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 

 

 

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1    Section 10. The Fire Equipment Distributor and Employee
2Regulation Act of 2011 is amended by changing Sections 5, 10,
320, 30, 40, 45, 60, 65, 70, 75, 80, 85, 90, 105, 115, and 120
4as follows:
 
5    (225 ILCS 217/5)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 5. Definitions. As used in this Act:
8    "Employee" means a licensee or a person who is currently
9employed by a fire equipment distributor licensed under this
10Act whose full or part-time duties include servicing,
11recharging, hydro-testing, installing, maintaining, or
12inspecting fire equipment.
13    "Fire equipment" means any portable or fixed fire
14extinguishing device or system other than a fire sprinkler
15system under the Fire Sprinkler Contractor Licensing Act.
16    "Fire equipment distributor" means any person, company or
17corporation that services, recharges, hydro-tests, inspects,
18installs, maintains, alters, repairs, replaces, or services
19fire equipment for customers, clients, or other third parties.
20    "ICC" means the International Code Council.
21    "NAFED" means the National Association of Fire Equipment
22Distributors.
23    "NFPA" means the National Fire Protection Association.
24    "NICET" means the National Institute for Certification in

 

 

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1Engineering Technologies.
2    "Office" or "State Fire Marshal" means the Office of the
3State Fire Marshal.
4    "Person" means a natural person or any company,
5corporation, or other business entity.
6    (a) "Employee" means a licensee or a person who is
7currently employed by a distributor licensed under this Act
8whose full or part-time duties include servicing, recharging,
9hydro-testing, installing, maintaining, or inspecting all
10types of fire extinguishing devices or systems, other than
11water sprinkler systems.
12    (b) "Board" means the Fire Equipment Distributor and
13Employee Advisory Board.
14    (c) "Person" means a natural person or any company,
15corporation, or other business entity.
16    (d) "Fire equipment distributor" means any person, company
17or corporation that services, recharges, hydro-tests,
18inspects, installs, maintains, alters, repairs, replaces, or
19services fire extinguishing devices or systems, other than
20water sprinkler systems, for customers, clients, or other
21third parties. "Fire equipment distributor" does not include a
22person, company, or corporation employing 2,000 or more
23employees within the State of Illinois that engages in these
24activities incidental to its own business.
25    (e) "Public member" means a person who is not a licensee or
26a relative of a licensee, or who is not an employer or employee

 

 

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1of a licensee. The term "relative" shall be determined by
2rules of the State Fire Marshal.
3    (f) "Residency" means an actual domicile in Illinois for a
4period of not less than one year.
5    (g) "Inspection" means a determination that a fire
6extinguisher is available in its designated place and has not
7been actuated or tampered with. "Inspection" does not include
8the inspection that may be performed by the building owner,
9tenant, or insurance representative.
10    (h) "Maintenance" means a determination that an
11extinguisher will operate effectively and safely. It includes
12a thorough examination and any necessary repair or
13replacement. It also includes checking the date of manufacture
14or last hydrostatic test to see if internal inspection of the
15cylinder or hydrostatic testing is necessary, and checking for
16cuts, bulges, dents, abrasions, corrosion, condition of paint,
17shell hanger attachment, maintenance of nameplate, weight of
18contents, pressure gauge, valve, removal of pull pin,
19discharge nozzle, hose assembly, and operating instructions.
20    (i) "NAFED" means the National Association of Fire
21Equipment Distributors located in Chicago, Illinois.
22    (j) "ICC" means the International Code Council.
23(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
24    (225 ILCS 217/10)
25    (Section scheduled to be repealed on January 1, 2023)

 

 

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1    Sec. 10. License requirement; injunction; cease and desist
2order.
3    (a) No person shall act as a fire equipment distributor or
4employee, or advertise or assume to act as such, or use any
5title implying that such person is engaged in such practice or
6occupation unless licensed by the State Fire Marshal.
7    No firm, association, or corporation shall act as an
8agency licensed under this Act, or advertise or assume to act
9as such, or use any title implying that the firm, association,
10or corporation is engaged in such practice, unless licensed by
11the State Fire Marshal.
12    (b) The State Fire Marshal, in the name of the People and
13through the Attorney General, the State's Attorney of any
14county, any interested resident of the State, or any
15interested legal entity within the State, may petition the
16court with appropriate jurisdiction for an order seeking
17injunctive relief to enjoin from practicing a licensed
18activity in violation of this Act any person, firm,
19association, or corporation who has not been issued a license,
20or whose license has been suspended, revoked, or not renewed.
21If any person, firm, association, or corporation holds itself
22out as being a licensee under this Act and is not licensed to
23do so, then any licensee, interested party, or any person
24injured thereby may petition for relief as provided in this
25Section. Upon the filing of a verified complaint, a copy shall
26be served upon the defendant and the proceedings shall

 

 

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1thereafter be conducted as in other civil cases. The court
2with appropriate jurisdiction may issue a temporary
3restraining order without notice or bond. If it is established
4that the defendant has been or is practicing in violation of
5this Act, the court may enter a judgment permanently enjoining
6the defendant from such further activity. In case of violation
7of any injunctive order or judgment entered under the
8provisions of this Section, the court may summarily try and
9punish the offender for contempt of court. Such injunctive
10proceeding shall be in addition to all penalties and other
11remedies in this Act.
12    (c) Whenever, in the opinion of the State Fire Marshal, a
13person, firm, association, or corporation violates any
14provision of this Act, the State Fire Marshal may issue an
15order to show cause why an order to cease and desist should not
16be entered against that person, firm, association, or
17corporation. The order shall clearly set forth the grounds
18relied upon by the State Fire Marshal and shall allow the
19person, firm, association, or corporation at least 7 days
20after the date of the order to file an answer satisfactory to
21the State Fire Marshal. A failure to answer an order to show
22cause to the satisfaction of the State Fire Marshal shall
23result in the issuance of an order to cease and desist.
24    (d) The State Fire Marshal may refuse to issue a license
25to, or may suspend the license of, any person or business
26entity that is not in good standing with the Department of

 

 

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1Revenue until the person or business entity is in good
2standing with the Department of Revenue who fails to file a
3return, to pay the tax, penalty, or interest shown in a filed
4return, or to pay any final assessment of tax, penalty, or
5interest, as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied.
8(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
9    (225 ILCS 217/20)
10    (Section scheduled to be repealed on January 1, 2023)
11    Sec. 20. Deposit of fees and fines. All fees and fines
12collected under this Act shall be deposited into the Fire
13Prevention Fund.
14(Source: P.A. 96-1499, eff. 1-18-11.)
 
15    (225 ILCS 217/30)
16    (Section scheduled to be repealed on January 1, 2023)
17    Sec. 30. Rules; report.
18    (a) The State Fire Marshal shall adopt rules consistent
19with the provisions of this Act for the administration and
20enforcement thereof, and may prescribe forms that shall be
21issued in connection therewith. The rules shall include
22standards and criteria for registration, professional conduct,
23and discipline. The Office may, by rule, establish fees,
24including, but not limited to, license fees, reinstatement

 

 

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1fees, and processing fees.
2    (b) (Blank).
3    (c) (Blank).
4    (d) In the adopting of rules relating to fire equipment
5distributors and employees, the State Fire Marshal shall be
6guided by the national fire safety standards and codes and
7fire equipment and facility standards and code, including, but
8not limited to, those adopted by the National Fire Protection
9Association and the National Association of Fire Equipment
10Distributors.
11    (e) In the adopting of rules relating to the maintenance
12and operation of hydrostatic testing equipment and tools for
13all fire equipment distributors and employees, the State Fire
14Marshal shall be guided by the requirements of the United
15States Department of Transportation as set forth in Section
16173.34(e)(1) of Title 49 of Code of Federal Regulations.
17    (f) The State Fire Marshal shall by rule establish
18procedures for an applicant for any class fire equipment
19employee license to work for a licensed fire equipment
20distributor for training.
21    (g) The rules adopted by the Office of the State Fire
22Marshal under the Fire Equipment Distributor and Employee
23Regulation Act of 2000 shall remain in effect until such time
24as the Office of the State Fire Marshal adopts rules under this
25Act.
26    (h) (Blank).

 

 

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1(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
2    (225 ILCS 217/40)
3    (Section scheduled to be repealed on January 1, 2023)
4    Sec. 40. Qualifications for licensure; fees.
5    (a) No person shall engage in practice as a fire equipment
6distributor or fire equipment employee without first applying
7for and obtaining a license for that purpose from the Office of
8the State Fire Marshal.
9    (b) To qualify for a Class A Fire Equipment Distributor
10License to service, recharge, hydro-test, install, maintain,
11or inspect all types of fire extinguishers, an applicant shall
12employ a currently licensed Class 1 Fire Equipment Employee
13and must provide all of the following:
14        (1) A triennial An annual license fee as determined by
15    rule of $100.
16        (2) Evidence of current registration as an Illinois
17    corporation or other business entity and, when applicable,
18    evidence of compliance with the Assumed Business Name Act
19    and a list of officers.
20        (3) Evidence of financial responsibility in a minimum
21    amount of $1,000,000 $300,000 through liability insurance,
22    self-insurance, group insurance, group self-insurance, or
23    risk retention groups.
24        (3.5) Evidence of workers' compensation insurance
25    covering its employees or approval as a self-insurer of

 

 

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1    workers' compensation in accordance with the laws of this
2    State.
3        (4) Evidence of owning, leasing, renting, or having
4    access to proper testing equipment that is in compliance
5    with the national standards adopted by the State Fire
6    Marshal for the maintenance and operation of testing tools
7    for use with all Class A fire equipment.
8    (c) To qualify for a Class B Fire Equipment Distributor
9License to service, recharge, hydro-test, install, maintain,
10or inspect all types of pre-engineered fire extinguishing
11systems, an applicant shall employ a currently licensed Class
122K Fire Equipment Employee or Class 2I Fire Equipment Employee
13and must provide all of the following:
14        (1) A triennial An annual license fee as determined by
15    rule of $200.
16        (2) Evidence of current registration as an Illinois
17    corporation or other business entity and, when applicable,
18    evidence of compliance with the Assumed Business Name Act
19    and a list of officers.
20        (3) Evidence of financial responsibility in a minimum
21    amount of $1,000,000 $300,000 through liability insurance,
22    self-insurance, group insurance, group self-insurance, or
23    risk retention groups.
24        (3.5) Evidence of workers' compensation insurance
25    covering its employees or approval as a self-insurer of
26    workers' compensation in accordance with the laws of this

 

 

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1    State.
2        (4) Evidence of owning, leasing, renting, or having
3    access to proper testing equipment that is in compliance
4    with the national standards adopted by the State Fire
5    Marshal for the maintenance and operation of testing tools
6    for use with all Class B fire equipment.
7    (d) To qualify for a Class C Fire Equipment Distributor
8License to service, repair, hydro-test, inspect, and engineer
9all types of engineered fire suppression systems, an applicant
10shall employ a currently licensed Class 3 Fire Equipment
11Employee and must provide all of the following:
12        (1) A triennial An annual license fee as determined by
13    rule of $300.
14        (2) Evidence of current registration as an Illinois
15    corporation or other business entity and, when applicable,
16    evidence of compliance with the Assumed Business Name Act
17    and a list of officers.
18        (3) Evidence of financial responsibility in a minimum
19    amount of $1,000,000 $300,000 through liability insurance,
20    self-insurance, group insurance, group self-insurance, or
21    risk retention groups.
22        (3.5) Evidence of workers' compensation insurance
23    covering its employees or approval as a self-insurer of
24    workers' compensation in accordance with the laws of this
25    State.
26        (4) Evidence of owning, leasing, renting, or having

 

 

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1    access to proper testing equipment that is in compliance
2    with the national standards adopted by the State Fire
3    Marshal for the maintenance and operation of testing tools
4    for use with all Class C fire equipment.
5    (e) To qualify for a Class 1 Fire Equipment Employee
6License to service, recharge, hydro-test, install, maintain,
7or inspect all types of fire extinguishers, a candidate shall
8an applicant must complete all of the following:
9        (1) Current certification by ICC or NAFED in Portable
10    Fire Extinguishers Pass the ICC/NAFED examination
11    administered by the ICC as a technician certified to
12    service a Portable Fire Extinguisher.
13        (2) Pay a triennial an annual license fee as
14    determined by rule of $20.
15        (3) Provide a digital color photograph of sufficient
16    quality 2 copies of a current photograph at least 1" x 1"
17    in size. An applicant who is 21 years of age or older
18    seeking a religious exemption to this photograph
19    requirement shall furnish with the his or her application
20    an approved copy of United States Department of the
21    Treasury Internal Revenue Service Form 4029. Regardless of
22    age, an applicant seeking a religious exemption to this
23    photograph requirement shall submit fingerprints in a form
24    and manner prescribed by the State Fire Marshal with the
25    his or her application in lieu of a photograph.
26        (4) Provide a copy of a valid government-issued photo

 

 

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1    identification.
2    (f) To qualify for a Class 2I Fire Equipment Employee
3License to service, recharge, hydro-test, install, maintain,
4or inspect all types of pre-engineered industrial fire
5extinguishing systems, a candidate shall an applicant must
6complete all of the following:
7        (1) Current certification by ICC or NAFED in Pass the
8    ICC/NAFED examination administered by the ICC as a
9    technician certified to service Pre-Engineered Industrial
10    Fire Suppression Systems.
11        (2) Pay a triennial an annual license fee as
12    determined by rule of $20.
13        (3) Provide a digital color photograph of sufficient
14    quality 2 copies of a current photograph at least 1" x 1"
15    in size. An applicant who is 21 years of age or older
16    seeking a religious exemption to this photograph
17    requirement shall furnish with the his or her application
18    an approved copy of United States Department of the
19    Treasury Internal Revenue Service Form 4029. Regardless of
20    age, an applicant seeking a religious exemption to this
21    photograph requirement shall submit fingerprints in a form
22    and manner prescribed by the State Fire Marshal with the
23    his or her application in lieu of a photograph.
24        (4) Provide a copy of a valid government-issued photo
25    identification.
26    (f-5) To qualify for a Class 2K Fire Equipment Employee

 

 

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1License to service, recharge, hydro-test, install, maintain,
2or inspect all types of pre-engineered kitchen fire
3extinguishing systems, a candidate shall an applicant must
4complete all of the following:
5        (1) Current certification by ICC or NAFED in Pass the
6    ICC/NAFED examination administered by the ICC as a
7    technician certified to service Pre-Engineered Kitchen
8    Fire Extinguishing Systems.
9        (2) Pay a triennial license an annual fee as
10    determined by rule of $20.
11        (3) Provide a digital color photograph of sufficient
12    quality 2 copies of a current photograph at least 1" x 1"
13    in size. An applicant who is 21 years of age or older
14    seeking a religious exemption to this photograph
15    requirement shall furnish with the his or her application
16    an approved copy of United States Department of the
17    Treasury Internal Revenue Service Form 4029. Regardless of
18    age, an applicant seeking a religious exemption to this
19    photograph requirement shall submit fingerprints in a form
20    and manner prescribed by the State Fire Marshal with the
21    his or her application in lieu of a photograph.
22        (4) Provide a copy of a valid government-issued photo
23    identification.
24    (g) To qualify for a Class 3 Fire Equipment Employee
25License to service, recharge, hydro-test, install, maintain,
26inspect, or engineer all types of engineered fire

 

 

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1extinguishing systems, an applicant must complete all of the
2following:
3        (1) Current certification by NAFED in Engineered Fire
4    Suppression Systems or current NICET Level III
5    certification in Special Hazards Systems Pass the
6    examination.
7        (2) Pay a triennial an annual license fee as
8    determined by rule of $20.
9        (3) Provide a digital color photograph of sufficient
10    quality current photograph at least 1" x 1" in size. An
11    applicant who is 21 years of age or older seeking a
12    religious exemption to this photograph requirement shall
13    furnish with the his or her application an approved copy
14    of United States Department of the Treasury Internal
15    Revenue Service Form 4029. Regardless of age, an applicant
16    seeking a religious exemption to this photograph
17    requirement shall submit fingerprints in a form and manner
18    prescribed by the State Fire Marshal with the his or her
19    application in lieu of a photograph.
20        (4) Provide a copy of a valid government-issued photo
21    identification.
22    (h) (Blank). All licenses issued under this Act shall
23remain in effect unless the licensee is otherwise notified by
24the Office of the State Fire Marshal.
25(Source: P.A. 97-979, eff. 8-17-12; 98-848, eff. 1-1-15.)
 

 

 

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1    (225 ILCS 217/45)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 45. Applications. Each application for a license to
4practice under this Act shall be in writing and signed by the
5applicant on forms provided by the State Fire Marshal. Each
6application for a fire equipment distributor license shall be
7signed by an authorized officer of the fire equipment
8distributor. Each application for an employee license shall be
9signed by an authorized officer of the fire equipment
10distributor and by the candidate for the employee license.
11(Source: P.A. 96-1499, eff. 1-18-11.)
 
12    (225 ILCS 217/60)
13    (Section scheduled to be repealed on January 1, 2023)
14    Sec. 60. Issuance of license; renewal.
15    (a) The Office State Fire Marshal shall, upon the
16applicant's satisfactory completion of the requirements
17authorized under this Act and upon receipt of the requisite
18fees, issue the appropriate license and certificate or wallet
19card, as applicable, showing the name and business location of
20the licensee, and the dates of issuance and expiration. For an
21employee license, the wallet card shall also contain a
22photograph of the licensee, unless the licensee has a
23religious exemption in accordance with Section 40. , and shall
24contain a photograph of the licensee provided to the State
25Fire Marshal. An applicant who is 21 years of age or older

 

 

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1seeking a religious exemption to the photograph required by
2this subsection shall furnish with his or her application an
3approved copy of United States Department of the Treasury
4Internal Revenue Service Form 4029. Regardless of age, an
5applicant seeking a religious exemption to this photograph
6requirement shall submit fingerprints in a form and manner
7prescribed by the State Fire Marshal with his or her
8application in lieu of a photograph.
9    (b) (Blank). Any license valid on December 31, 2010 under
10the Fire Equipment Distributor and Employee Regulation Act of
112000 shall be a valid license under this Act and expires when
12the valid license issued under the Fire Equipment Distributor
13and Employee Regulation Act of 2000 was scheduled to expire.
14    (c) An applicant for license renewal shall, at the time of
15renewal application, provide proof of qualifications for
16licensure under Section 40 for the respective license to the
17Office. Upon receipt of the requisite fees, the Office shall
18issue the license in accordance with subsection (a). Each
19licensee may apply for renewal of his license upon payment of
20fees, as set forth in this Act. The expiration date and renewal
21period for each license issued under this Act shall be set by
22rule. Failure to renew by within 60 days of the expiration date
23shall lapse the license. A lapsed license may not be renewed
24reinstated until a written application is filed, an applicant
25has demonstrated proof of qualifications for licensure, and
26the renewal fee is paid, and a $50 reinstatement fee is paid.

 

 

10200HB4301ham002- 19 -LRB102 21851 AMQ 36447 a

1If not renewed, a license shall become inactive following 60
2days after the expiration date of the license. An inactive
3license may not be reinstated until a written application is
4filed, an applicant has demonstrated proof of qualifications
5for licensure, the renewal fee is paid, and the reinstatement
6fee is paid. A license may not be reinstated after one year
7from the expiration date of the license. Renewal and
8reinstatement fees shall be waived for persons who did not
9renew while on active duty in the military and who file for
10renewal or reinstatement restoration within one year after
11discharge from such service. A lapsed license may not be
12reinstated after 5 years have elapsed, except upon passing an
13examination to determine fitness to have the license restored
14and by paying the required fees.
15    (d) As a condition of renewal of a license, the State Fire
16Marshal may require the licensee to report information
17pertaining to the licensee's his practice which the State Fire
18Marshal determines to be in the interest of public safety.
19    (e) All fees paid under this Act are non-refundable. This
20shall not preclude the State Fire Marshal from refunding
21accidental overpayment of fees.
22(Source: P.A. 98-848, eff. 1-1-15.)
 
23    (225 ILCS 217/65)
24    (Section scheduled to be repealed on January 1, 2023)
25    Sec. 65. Returned checks; notification of lapsed or

 

 

10200HB4301ham002- 20 -LRB102 21851 AMQ 36447 a

1inactive license. The Office may require that any Any person
2who on 2 or more occasions issues or delivers a check or other
3order to the Office State Fire Marshal that is not honored by
4the financial institution upon which it is drawn because of
5insufficient funds on account shall pay to the State Fire
6Marshal, in addition to the amount owing upon the check or
7other order, a fee of $50. The State Fire Marshal shall notify
8the licensee whose license has lapsed or become inactive,
9within 30 days after the discovery by the State Fire Marshal
10that the licensee is practicing without a current license,
11that the individual, person, or distributor is acting as a
12fire equipment distributor or employee, as the case may be,
13without a license, and the amount due to the State Fire
14Marshal, which shall include the lapsed renewal fee,
15reinstatement fee, and all other fees required in order to
16renew or reinstate the license by this Section. If after the
17expiration of 30 days from the date of such notification, the
18licensee whose license has lapsed seeks a current license, he
19shall thereafter apply to the State Fire Marshal for
20reinstatement of the license and pay all fees due to the State
21Fire Marshal. The State Fire Marshal may establish a fee for
22the processing of an application for reinstatement of a
23license that allows the State Fire Marshal to pay all costs and
24expenses incident to the processing of this application. The
25State Fire Marshal may waive the fees due under this Section in
26individual cases where he finds that the fees would be

 

 

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1unreasonable or unnecessarily burdensome.
2(Source: P.A. 96-1499, eff. 1-18-11.)
 
3    (225 ILCS 217/70)
4    (Section scheduled to be repealed on January 1, 2023)
5    Sec. 70. Change of address; display of license; duplicate
6license or certificate.
7    (a) A licensee shall report a change in home or office
8address within 10 days of when it occurs.
9    (b) Each licensee shall prominently display the his or her
10license to practice at each place from which the practice is
11being performed. A fire equipment distributor licensee shall
12have a separate license for each business location within the
13State or outside the State if the business location is
14responsible for the performance of any applicable work under
15this Act performed within the State. If more than one location
16is used, branch office certificates shall be issued upon
17payment of the fees to be established by the State Fire
18Marshal. Each fire equipment employee shall carry on his or
19her person a wallet card issued by the State Fire Marshal.
20    (c) If a license or certificate is lost, a duplicate shall
21be issued upon payment of the required fee to be established by
22the State Fire Marshal. If a licensee wishes to change the name
23on the license his or her name, the State Fire Marshal shall
24issue a license in the new name upon satisfactory proof that
25such change was done in accordance with law and upon payment of

 

 

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1the required fee as determined by rule.
2    (d) Each licensee shall permit the licensee's his or her
3facilities to be inspected by representatives of the State
4Fire Marshal.
5(Source: P.A. 96-1499, eff. 1-18-11.)
 
6    (225 ILCS 217/75)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 75. Grounds for disciplinary sanctions. Licensees
9subject to this Act shall conduct their practice in accordance
10with this Act and with any rules adopted under this Act. The
11State Fire Marshal may refuse to issue or renew any license and
12it may suspend or revoke any license or may place on probation,
13censure, reprimand, or take other disciplinary action deemed
14appropriate by the State Fire Marshal and enumerated in this
15Act, including the imposition of fines not to exceed $5,000
16for each violation, with regard to any license issued under
17this Act for any one or more of the reasons enumerated in this
18Section. Any civil penalty assessed by the State Fire Marshal
19pursuant to this Act shall be paid within 60 days after the
20effective date of the order imposing the civil penalty. The
21order shall constitute a judgment and may be filed and
22executed in the same manner as any judgment from any court of
23record.
24    Grounds for discipline under this Act are:
25        (1) fraud or material deception in obtaining or

 

 

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1    renewing of a license;
2        (2) professional incompetence as manifested by poor
3    standards of service;
4        (3) engaging in dishonorable, unethical, or
5    unprofessional conduct of a character likely to deceive,
6    defraud, or harm the public in the course of professional
7    services or activities;
8        (4) conviction of any crime by a licensee that has a
9    substantial relationship to his or her practice or an
10    essential element of which is misstatement, fraud, or
11    dishonesty, or conviction in this or another state of any
12    crime that is a felony under the laws of Illinois or
13    conviction of a felony in a federal court, unless the
14    person demonstrates that he or she has been sufficiently
15    rehabilitated to warrant the public trust;
16        (5) performing any services in a grossly negligent
17    manner or permitting any of his or her licensed employees
18    to perform services in a grossly negligent manner,
19    regardless of whether actual damage or damages to the
20    public is established;
21        (6) (blank); habitual drunkenness or habitual
22    addiction to the use of morphine, cocaine, controlled
23    substances, or other habit-forming drugs;
24        (7) directly or indirectly willfully receiving
25    compensation for any professional services not actually
26    rendered;

 

 

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1        (8) having disciplinary action taken against his or
2    her license in another state;
3        (9) making differential treatment against any person
4    to his or her detriment because of race, color, creed,
5    sex, religion, or national origin;
6        (10) engaging in unprofessional conduct;
7        (11) engaging in false or misleading advertising;
8        (12) contracting or assisting unlicensed persons to
9    perform services for which a license is required under
10    this Act;
11        (13) permitting the use of his or her license to
12    enable any unlicensed person or agency to operate as a
13    licensee;
14        (14) performing and charging for services without
15    having authorization to do so from the member of the
16    public being served;
17        (15) failure to comply with any provision of this Act
18    or the rules adopted under this Act;
19        (16) conducting business regulated by this Act without
20    a currently valid license; and .
21        (17) engaging in any unethical or criminal activity
22    incidental to activities within the scope of licensure.
23(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
24    (225 ILCS 217/80)
25    (Section scheduled to be repealed on January 1, 2023)

 

 

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1    Sec. 80. Complaints. All complaints concerning violations
2regarding licensees or unlicensed activity shall be received
3and logged by the State Fire Marshal and reported to the Board.
4(Source: P.A. 96-1499, eff. 1-18-11.)
 
5    (225 ILCS 217/85)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 85. Formal charges.
8    (a) Before revoking, suspending, annulling, withdrawing,
9amending materially, or refusing to renew any valid license,
10the State Fire Marshal shall file formal charges against the
11licensee. The formal charges shall, at a minimum, inform the
12licensee of the facts that make up the basis of the charge and
13that are specific enough to enable the licensee to defend
14himself.
15    (b) Each licensee whose conduct is the subject of a formal
16charge that seeks to impose disciplinary action against the
17licensee shall be served notice of said formal charge at least
1830 days before the date of the hearing, which shall be presided
19over by a hearing officer authorized by the State Fire
20Marshal. Service shall be considered to have been given if the
21notice was personally received by the licensee or if the
22notice was sent by certified mail, return receipt requested to
23the licensee at the licensee's last known address, as listed
24with the State Fire Marshal.
25    (c) The notice of formal charges shall consist at a

 

 

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1minimum of the following information:
2        (1) the time, place, and date of the hearing;
3        (2) that the licensee shall appear personally at the
4    hearing and may be represented by counsel;
5        (3) that the licensee shall have the right to produce
6    witnesses and evidence on the licensee's in his behalf and
7    shall have the right to cross-examine witnesses and refute
8    evidence produced against the licensee him or her;
9        (4) that the hearing could result in disciplinary
10    action being taken against the his or her license;
11        (5) that rules for the conduct of these hearings exist
12    and it may be in the licensee's best interest to obtain a
13    copy;
14        (6) that a hearing officer authorized by the State
15    Fire Marshal shall preside at the hearing and following
16    the conclusion of said hearing shall make findings of
17    fact, conclusions of law, and recommendations, separately
18    stated, to the State Fire Marshal as to what disciplinary
19    action, if any, should be imposed on the licensee;
20        (7) that the State Fire Marshal may continue such
21    hearing;
22        (8) that the licensee shall file a written answer to
23    the charges with the State Fire Marshal under oath within
24    20 days after service of the notice; and
25        (9) that if the accused fails to answer, a default
26    judgment shall be taken against him, her, or it, or that

 

 

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1    his, her, or its license may be suspended, revoked, placed
2    on probationary status, or subject to other disciplinary
3    action as the State Fire Marshal deems proper, without a
4    hearing, if the act or acts charged constitute sufficient
5    grounds for such action under this Act.
6    (d) The hearing officer authorized by the State Fire
7Marshal shall hear evidence produced in support of the formal
8charges and contrary evidence produced by the licensee, if
9any. At the conclusion of the hearing, the hearing officer
10shall make findings of fact, conclusions of law, and
11recommendations, separately stated, and submit them to the
12State Fire Marshal and to all parties to the proceeding.
13Submission to the licensee shall be considered as having been
14made if done in a similar fashion as service of the notice of
15formal charges. Within 20 days after such service, any party
16to the proceeding may present to the State Fire Marshal a
17motion, in writing, for a rehearing which written motion shall
18specify the particular grounds therefor.
19    (e) The State Fire Marshal, following the time allowed for
20filing a motion for rehearing, shall review the hearing
21officer's findings of fact, conclusions of law, and
22recommendations, and any motions filed subsequent thereto.
23After review of such information the State Fire Marshal may
24hear oral arguments and thereafter shall issue an order. The
25report of findings of fact, conclusions of law, and
26recommendations of the hearing officer shall be the basis for

 

 

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1the State Fire Marshal's order. If the State Fire Marshal
2finds that substantial justice was not done, he or she may
3issue an order in contravention of the findings of fact,
4conclusions of law, and recommendations of the hearing
5officer. The finding is not admissible in evidence against the
6person in criminal prosecution brought for the violation of
7this Act, but the hearing and findings are not a bar to a
8criminal prosecution brought for the violation of this Act.
9    (f) All proceedings under this Section are matters of
10public record and shall be preserved.
11(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
12    (225 ILCS 217/90)
13    (Section scheduled to be repealed on January 1, 2023)
14    Sec. 90. Disciplinary sanctions; hearings.
15    (a) The State Fire Marshal shall impose any of the
16following sanctions, singly or in combination, when he or she
17finds that a licensee is guilty of any offense described in
18Section 75:
19        (1) revocation;
20        (2) suspension for any period of time;
21        (3) reprimand or censure;
22        (4) (blank); placement on probationary status and the
23    requirement of the submission of any of the following:
24            (i) report regularly to the Board or State Fire
25        Marshal upon matters that are the basis of the

 

 

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1        probation;
2            (ii) continuation or renewal of professional
3        education until a satisfactory degree of skill has
4        been attained in those areas that are the basis of the
5        probation; or
6            (iii) such other reasonable requirements or
7        restrictions as are proper;
8        (5) refusal to issue, renew, reinstate, or restore;
9        (6) (blank); or revocation of probation that has been
10    granted and imposition of any other discipline in this
11    subsection (a) when the requirements of probation have not
12    been fulfilled or have been violated; or
13        (7) imposition of a fine not to exceed $5,000 for each
14    violation of this Act or the rules adopted under this Act.
15    (b) The State Fire Marshal may summarily suspend a license
16under this Act, without a hearing, simultaneously with the
17filing of a formal complaint and notice for a hearing provided
18under this Section if the State Fire Marshal finds that the
19continued operations of the individual would constitute an
20immediate danger to the public. In the event the State Fire
21Marshal suspends a license under this subsection, a hearing by
22the hearing officer designated by the State Fire Marshal shall
23begin within 20 days after such suspension begins, unless
24continued at the request of the licensee.
25    (c) Disposition may be made of any formal complaint by
26consent order between the State Fire Marshal and the licensee.

 

 

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1    (d) The State Fire Marshal shall reinstate any license to
2good standing under this Act, upon recommendation to the State
3Fire Marshal, after a hearing before the hearing officer
4authorized by the State Fire Marshal. The State Fire Marshal
5shall be satisfied that the applicant's renewed practice is
6not contrary to the public interest.
7    (e) (Blank). The State Fire Marshal may order a licensee
8to submit to a reasonable physical examination if his or her
9physical capacity to practice safely is at issue in a
10disciplinary proceeding. Failure to comply with a State Fire
11Marshal order to submit to a physical examination shall render
12a licensee liable to the summary suspension procedures
13described in this Section.
14    (f) The State Fire Marshal may conduct hearings and issue
15cease and desist orders to persons who engage in activities
16prohibited by this Act without having a valid license,
17certificate, or registration. Any person in violation of a
18cease and desist order entered by the State Fire Marshal shall
19be subject to all of the remedies provided by law, and in
20addition, shall be subject to a civil penalty payable to the
21party injured by the violation.
22    (g) The State Fire Marshal shall seek to achieve
23consistency in the application of the foregoing sanctions and
24consent orders and significant departure from prior decisions
25involving similar conduct shall be explained in the State Fire
26Marshal's orders.

 

 

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1(Source: P.A. 96-1499, eff. 1-18-11; 97-979, eff. 8-17-12.)
 
2    (225 ILCS 217/115)
3    (Section scheduled to be repealed on January 1, 2023)
4    Sec. 115. Publication of records. The State Fire Marshal
5shall, upon request, publish a list of the names and addresses
6of all fire equipment distributor licensees and the names of
7all fire equipment employee licensees under the provisions of
8this Act. The State Fire Marshal shall publish a list of all
9persons whose licenses have been disciplined within one year,
10and a quarterly list of each individual who was denied
11employment status because of a criminal history, together with
12such other information as it may deem of interest to the
13public.
14(Source: P.A. 96-1499, eff. 1-18-11.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".