Full Text of HB2145 103rd General Assembly
HB2145ham001 103RD GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 3/6/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2145
| 2 | | AMENDMENT NO. ______. Amend House Bill 2145 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Professional Regulation Law | 5 | | of the
Civil Administrative Code of Illinois is amended by | 6 | | changing Sections 2105-15 and 2105-207 as follows:
| 7 | | (20 ILCS 2105/2105-15)
| 8 | | Sec. 2105-15. General powers and duties.
| 9 | | (a) The Department has, subject to the provisions of the | 10 | | Civil
Administrative Code of Illinois, the following powers | 11 | | and duties:
| 12 | | (1) To authorize examinations in English to ascertain | 13 | | the qualifications
and fitness of applicants to exercise | 14 | | the profession, trade, or occupation for
which the | 15 | | examination is held.
| 16 | | (2) To prescribe rules and regulations for a fair and |
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| 1 | | wholly
impartial method of examination of candidates to | 2 | | exercise the respective
professions, trades, or | 3 | | occupations.
| 4 | | (3) To pass upon the qualifications of applicants for | 5 | | licenses,
certificates, and authorities, whether by | 6 | | examination, by reciprocity, or by
endorsement.
| 7 | | (4) To prescribe rules and regulations defining, for | 8 | | the
respective
professions, trades, and occupations, what | 9 | | shall constitute a school,
college, or university, or | 10 | | department of a university, or other
institution, | 11 | | reputable and in good standing, and to determine the
| 12 | | reputability and good standing of a school, college, or | 13 | | university, or
department of a university, or other | 14 | | institution, reputable and in good
standing, by reference | 15 | | to a compliance with those rules and regulations;
| 16 | | provided, that no school, college, or university, or | 17 | | department of a
university, or other institution that | 18 | | refuses admittance to applicants
solely on account of | 19 | | race, color, creed, sex, sexual orientation, or national | 20 | | origin shall be
considered reputable and in good standing.
| 21 | | (5) To conduct hearings on proceedings to revoke, | 22 | | suspend, refuse to
renew, place on probationary status, or | 23 | | take other disciplinary action
as authorized in any | 24 | | licensing Act administered by the Department
with regard | 25 | | to licenses, certificates, or authorities of persons
| 26 | | exercising the respective professions, trades, or |
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| 1 | | occupations and to
revoke, suspend, refuse to renew, place | 2 | | on probationary status, or take
other disciplinary action | 3 | | as authorized in any licensing Act
administered by the | 4 | | Department with regard to those licenses,
certificates, or | 5 | | authorities. | 6 | | The Department shall issue a monthly
disciplinary | 7 | | report. | 8 | | The Department shall refuse to issue or renew a | 9 | | license to,
or shall suspend or revoke a license of, any | 10 | | person who, after receiving
notice, fails to comply with a | 11 | | subpoena or warrant relating to a paternity or
child | 12 | | support proceeding. However, the Department may issue a | 13 | | license or
renewal upon compliance with the subpoena or | 14 | | warrant.
| 15 | | The Department, without further process or hearings, | 16 | | shall revoke, suspend,
or deny any license or renewal | 17 | | authorized by the Civil Administrative Code of
Illinois to | 18 | | a person who is certified by the Department of Healthcare | 19 | | and Family Services (formerly Illinois Department of | 20 | | Public Aid)
as being more than 30 days delinquent in | 21 | | complying with a child support order
or who is certified | 22 | | by a court as being in violation of the Non-Support
| 23 | | Punishment Act for more than 60 days. The Department may, | 24 | | however, issue a
license or renewal if the person has | 25 | | established a satisfactory repayment
record as determined | 26 | | by the Department of Healthcare and Family Services |
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| 1 | | (formerly
Illinois Department of Public Aid) or if the | 2 | | person
is determined by the court to be in compliance with | 3 | | the Non-Support Punishment
Act. The Department may | 4 | | implement this paragraph as added by Public Act 89-6
| 5 | | through the use of emergency rules in accordance with | 6 | | Section 5-45 of the
Illinois Administrative Procedure Act. | 7 | | For purposes of the Illinois
Administrative Procedure Act, | 8 | | the adoption of rules to implement this
paragraph shall be | 9 | | considered an emergency and necessary for the public
| 10 | | interest, safety, and welfare.
| 11 | | (6) To transfer jurisdiction of any realty under the | 12 | | control of the
Department to any other department of the | 13 | | State Government or to acquire
or accept federal lands | 14 | | when the transfer, acquisition, or acceptance is
| 15 | | advantageous to the State and is approved in writing by | 16 | | the Governor.
| 17 | | (7) To formulate rules and regulations necessary for | 18 | | the enforcement of
any Act administered by the Department.
| 19 | | (8) To exchange with the Department of Healthcare and | 20 | | Family Services information
that may be necessary for the | 21 | | enforcement of child support orders entered
pursuant to | 22 | | the Illinois Public Aid Code, the Illinois Marriage and | 23 | | Dissolution
of Marriage Act, the Non-Support of Spouse and | 24 | | Children Act, the Non-Support
Punishment Act, the Revised | 25 | | Uniform Reciprocal Enforcement of Support Act, the
Uniform | 26 | | Interstate Family Support Act, the Illinois Parentage Act |
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| 1 | | of 1984, or the Illinois Parentage Act of 2015.
| 2 | | Notwithstanding any provisions in this Code to the | 3 | | contrary, the Department of
Professional Regulation shall | 4 | | not be liable under any federal or State law to
any person | 5 | | for any disclosure of information to the Department of | 6 | | Healthcare and Family Services (formerly Illinois | 7 | | Department of
Public Aid)
under this paragraph (8) or for | 8 | | any other action taken in good faith
to comply with the | 9 | | requirements of this paragraph (8).
| 10 | | (8.3) To exchange information with the Department of | 11 | | Human Rights regarding recommendations received under | 12 | | paragraph (B) of Section 8-109 of the Illinois Human | 13 | | Rights Act regarding a licensee or candidate for licensure | 14 | | who has committed a civil rights violation that may lead | 15 | | to the refusal, suspension, or revocation of a license | 16 | | from the Department. | 17 | | (8.5) To accept continuing education credit for | 18 | | mandated reporter training on how to recognize and report | 19 | | child abuse offered by the Department of Children and | 20 | | Family Services and completed by any person who holds a | 21 | | professional license issued by the Department and who is a | 22 | | mandated reporter under the Abused and Neglected Child | 23 | | Reporting Act. The Department shall adopt any rules | 24 | | necessary to implement this paragraph. | 25 | | (9) To perform other duties prescribed
by law.
| 26 | | (a-5) Except in cases involving delinquency in complying |
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| 1 | | with a child support order or violation of the Non-Support | 2 | | Punishment Act and notwithstanding anything that may appear in | 3 | | any individual licensing Act or administrative rule, no person | 4 | | or entity whose license, certificate, or authority has been | 5 | | revoked as authorized in any licensing Act administered by the | 6 | | Department may apply for restoration of that license, | 7 | | certification, or authority until 3 years after the effective | 8 | | date of the revocation. | 9 | | (b) (Blank).
| 10 | | (c) For the purpose of securing and preparing evidence, | 11 | | and for the purchase
of controlled substances, professional | 12 | | services, and equipment necessary for
enforcement activities, | 13 | | recoupment of investigative costs, and other activities
| 14 | | directed at suppressing the misuse and abuse of controlled | 15 | | substances,
including those activities set forth in Sections | 16 | | 504 and 508 of the Illinois
Controlled Substances Act, the | 17 | | Director and agents appointed and authorized by
the Director | 18 | | may expend sums from the Professional Regulation Evidence Fund
| 19 | | that the Director deems necessary from the amounts | 20 | | appropriated for that
purpose. Those sums may be advanced to | 21 | | the agent when the Director deems that
procedure to be in the | 22 | | public interest. Sums for the purchase of controlled
| 23 | | substances, professional services, and equipment necessary for | 24 | | enforcement
activities and other activities as set forth in | 25 | | this Section shall be advanced
to the agent who is to make the | 26 | | purchase from the Professional Regulation
Evidence Fund on |
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| 1 | | vouchers signed by the Director. The Director and those
agents | 2 | | are authorized to maintain one or more commercial checking | 3 | | accounts with
any State banking corporation or corporations | 4 | | organized under or subject to the
Illinois Banking Act for the | 5 | | deposit and withdrawal of moneys to be used for
the purposes | 6 | | set forth in this Section; provided, that no check may be | 7 | | written
nor any withdrawal made from any such account except | 8 | | upon the written
signatures of 2 persons designated by the | 9 | | Director to write those checks and
make those withdrawals. | 10 | | Vouchers for those expenditures must be signed by the
| 11 | | Director. All such expenditures shall be audited by the | 12 | | Director, and the
audit shall be submitted to the Department | 13 | | of Central Management Services for
approval.
| 14 | | (d) Whenever the Department is authorized or required by | 15 | | law to consider
some aspect of criminal history record | 16 | | information for the purpose of carrying
out its statutory | 17 | | powers and responsibilities, then, upon request and payment
of | 18 | | fees in conformance with the requirements of Section 2605-400 | 19 | | of the Illinois
State Police Law, the Illinois State
Police is | 20 | | authorized to furnish, pursuant to positive identification, | 21 | | the
information contained in State files that is necessary to | 22 | | fulfill the request.
| 23 | | (e) The provisions of this Section do not apply to private | 24 | | business and
vocational schools as defined by Section 15 of | 25 | | the Private Business and
Vocational Schools Act of 2012.
| 26 | | (f) (Blank).
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| 1 | | (f-5) Notwithstanding anything that may appear in any | 2 | | individual licensing statute or administrative rule, the | 3 | | Department shall allow an applicant to provide his or her | 4 | | individual taxpayer identification number as an alternative to | 5 | | providing a social security number when applying for a | 6 | | license. | 7 | | (g) Notwithstanding anything that may appear in any | 8 | | individual licensing statute or administrative rule, the | 9 | | Department shall deny any license application or renewal | 10 | | authorized under any licensing Act administered by the | 11 | | Department to any person who has failed to file a return, or to | 12 | | pay the tax, penalty, or interest shown in a filed return, or | 13 | | to pay any final assessment of tax, penalty, or interest, as | 14 | | required by any tax Act administered by the Illinois | 15 | | Department of Revenue, until such time as the requirement of | 16 | | any such tax Act are satisfied; however, the Department may | 17 | | issue a license or renewal if the person has established a | 18 | | satisfactory repayment record as determined by the Illinois | 19 | | Department of Revenue. For the purpose of this Section, | 20 | | "satisfactory repayment record" shall be defined by rule.
| 21 | | In addition, a complaint filed with the Department by the | 22 | | Illinois Department of Revenue that includes a certification, | 23 | | signed by its Director or designee, attesting to the amount of | 24 | | the unpaid tax liability or the years for which a return was | 25 | | not filed, or both, is prima facie evidence of the licensee's | 26 | | failure to comply with the tax laws administered by the |
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| 1 | | Illinois Department of Revenue. Upon receipt of that | 2 | | certification, the Department shall, without a hearing, | 3 | | immediately suspend all licenses held by the licensee. | 4 | | Enforcement of the Department's order shall be stayed for 60 | 5 | | days. The Department shall provide notice of the suspension to | 6 | | the licensee by mailing a copy of the Department's order to the | 7 | | licensee's address of record or emailing a copy of the order to | 8 | | the licensee's email address of record. The notice shall | 9 | | advise the licensee that the suspension shall be effective 60 | 10 | | days after the issuance of the Department's order unless the | 11 | | Department receives, from the licensee, a request for a | 12 | | hearing before the Department to dispute the matters contained | 13 | | in the order.
| 14 | | Any suspension imposed under this subsection (g) shall be | 15 | | terminated by the Department upon notification from the | 16 | | Illinois Department of Revenue that the licensee is in | 17 | | compliance with all tax laws administered by the Illinois | 18 | | Department of Revenue.
| 19 | | The Department may promulgate rules for the administration | 20 | | of this subsection (g).
| 21 | | (g-5) Notwithstanding anything that may appear in any | 22 | | individual licensing statute or administrative rule, the | 23 | | Department shall refuse the issuance or renewal of a license | 24 | | to, or suspend or revoke the license of, any individual, | 25 | | corporation, partnership, or other business entity that has | 26 | | been found by the Illinois Workers' Compensation Commission or |
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| 1 | | the Department of Insurance to have failed to (i) secure | 2 | | workers' compensation obligations in the manner required by | 3 | | subsections (a) and (b) of Section 4 of the Workers' | 4 | | Compensation Act, (ii) pay in full a fine or penalty imposed | 5 | | due to a failure to secure workers' compensation obligations | 6 | | in the manner required by subsections (a) and (b) of Section 4 | 7 | | of the Workers' Compensation Act, or (iii) fulfill all | 8 | | obligations assumed pursuant to a settlement reached with the | 9 | | Illinois Workers' Compensation Commission or the Department of | 10 | | Insurance relating to a failure to secure workers' | 11 | | compensation obligations in the manner required by subsections | 12 | | (a) and (b) of Section 4 of the Workers' Compensation Act. No | 13 | | initial or renewal license shall be issued, and no suspended | 14 | | license shall be reinstated, until such time that the | 15 | | Department is notified by the Illinois Workers' Compensation | 16 | | Commission or the Department of Insurance that the licensee's | 17 | | or applicant's failure to comply with subsections (a) and (b) | 18 | | of Section 4 of the Workers' Compensation Act has been | 19 | | corrected or otherwise resolved to satisfaction of the | 20 | | Illinois Workers' Compensation Commission or the Department of | 21 | | Insurance. | 22 | | In addition, a complaint filed with the Department by the | 23 | | Illinois Workers' Compensation Commission or the Department of | 24 | | Insurance that includes a certification, signed by its | 25 | | Director or Chairman, or the Director or Chairman's designee, | 26 | | attesting to a finding of the failure to secure workers' |
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| 1 | | compensation obligations in the manner required by subsections | 2 | | (a) and (b) of Section 4 of the Workers' Compensation Act or | 3 | | the failure to pay any fines or penalties or to discharge any | 4 | | obligation under a settlement relating to the failure to | 5 | | secure workers' compensation obligations in the manner | 6 | | required by subsections (a) and (b) of Section 4 of the | 7 | | Workers' Compensation Act is prima facie evidence of the | 8 | | licensee's or applicant's failure to comply with subsections | 9 | | (a) and (b) of Section 4 of the Workers' Compensation Act. Upon | 10 | | receipt of that certification, the Department shall, without a | 11 | | hearing, immediately suspend all licenses held by the licensee | 12 | | or the processing of any application from the applicant. | 13 | | Enforcement of the Department's order shall be stayed for 60 | 14 | | days. The Department shall provide notice of the suspension to | 15 | | the licensee by mailing a copy of the Department's order to the | 16 | | licensee's address of record or emailing a copy of the order to | 17 | | the licensee's email address of record. The notice shall | 18 | | advise the licensee that the suspension shall be effective 60 | 19 | | days after the issuance of the Department's order unless the | 20 | | Department receives from the licensee or applicant a request | 21 | | for a hearing before the Department to dispute the matters | 22 | | contained in the order. | 23 | | Any suspension imposed under this subsection shall be | 24 | | terminated by the Department upon notification from the | 25 | | Illinois Workers' Compensation Commission or the Department of | 26 | | Insurance that the licensee's or applicant's failure to comply |
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| 1 | | with subsections (a) and (b) of Section 4 of the Workers' | 2 | | Compensation Act has been corrected or otherwise resolved to | 3 | | the satisfaction of the Illinois Workers' Compensation | 4 | | Commissions or the Department of Insurance. | 5 | | No license shall be suspended or revoked until after the | 6 | | licensee is afforded any due process protection guaranteed by | 7 | | statute or rule adopted by the Workers' Compensation | 8 | | Commission or the Department of Insurance. | 9 | | The Department may adopt rules for the administration of | 10 | | this subsection. | 11 | | (h) The Department may grant the title "Retired", to be | 12 | | used immediately adjacent to the title of a profession | 13 | | regulated by the Department, to eligible retirees. For | 14 | | individuals licensed under the Medical Practice Act of 1987, | 15 | | the title "Retired" may be used in the profile required by the | 16 | | Patients' Right to Know Act. The use of the title "Retired" | 17 | | shall not constitute representation of current licensure, | 18 | | registration, or certification. Any person without an active | 19 | | license, registration, or certificate in a profession that | 20 | | requires licensure, registration, or certification shall not | 21 | | be permitted to practice that profession. | 22 | | (i) The Department shall make available on its website | 23 | | general information explaining how the Department utilizes | 24 | | criminal history information in making licensure application | 25 | | decisions, including a list of enumerated offenses that serve | 26 | | as a statutory bar to licensure. |
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| 1 | | (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; | 2 | | 102-538, eff. 8-20-21.)
| 3 | | (20 ILCS 2105/2105-207) | 4 | | Sec. 2105-207. Records of Department actions. | 5 | | (a) Any licensee subject to a licensing Act administered | 6 | | by the Department Division of Professional Regulation and who | 7 | | has been subject to disciplinary action by the Department may | 8 | | file an application with the Department on forms provided by | 9 | | the Department, along with the required fee of $175, to have | 10 | | the records classified as confidential, not for public | 11 | | release, and considered expunged for reporting purposes if: | 12 | | (1) the application is submitted more than 3 years | 13 | | after the disciplinary offense or offenses occurred or | 14 | | after restoration of the license, whichever is later; | 15 | | (2) the licensee has had no incidents of discipline | 16 | | under the licensing Act since the disciplinary offense or | 17 | | offenses identified in the application occurred; | 18 | | (3) the Department has no pending investigations | 19 | | against the licensee; and | 20 | | (4) the licensee is not currently in a disciplinary | 21 | | status. | 22 | | (b) An application to make disciplinary records | 23 | | confidential shall only be considered by the Department for an | 24 | | offense or action relating to: | 25 | | (1) failure to pay taxes; |
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| 1 | | (2) continuing education; | 2 | | (3) failure to renew a license on time; | 3 | | (4) failure to obtain or renew a certificate of | 4 | | registration or ancillary license; | 5 | | (5) advertising; | 6 | | (5.1) discipline based on criminal charges or | 7 | | convictions: | 8 | | (A) that did not arise from the licensed activity | 9 | | and was unrelated to the licensed activity; or | 10 | | (B) that were dismissed or for which records have | 11 | | been sealed or expunged; | 12 | | (5.2) past probationary status of a license issued to | 13 | | new applicants on the sole or partial basis of prior | 14 | | convictions; or | 15 | | (6) any grounds for discipline removed from the | 16 | | licensing Act ; . | 17 | | (7) failure to comply with workers' compensation | 18 | | requirements; or | 19 | | (8) reprimand of a licensee. | 20 | | (c) An application shall be submitted to and considered by | 21 | | the Director of the Division of Professional Regulation upon | 22 | | submission of an application and the required non-refundable | 23 | | fee. The Department may establish additional requirements by | 24 | | rule. The Department is not required to report the removal of | 25 | | any disciplinary record to any national database. Nothing in | 26 | | this Section shall prohibit the Department from using a |
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| 1 | | previous discipline for any regulatory purpose or from | 2 | | releasing records of a previous discipline upon request from | 3 | | law enforcement, or other governmental body as permitted by | 4 | | law. Classification of records as confidential shall result in | 5 | | removal of records of discipline from records kept pursuant to | 6 | | Sections 2105-200 and 2105-205 of this Act.
| 7 | | (d) Any applicant for licensure or a licensee whose | 8 | | petition for review is granted by the Department pursuant to | 9 | | subsection (a-1) of Section 2105-165 of this Law may file an | 10 | | application with the Department on forms provided by the | 11 | | Department to have records relating to his or her permanent | 12 | | denial or permanent revocation classified as confidential and | 13 | | not for public release and considered expunged for reporting | 14 | | purposes in the same manner and under the same terms as is | 15 | | provided in this Section for the offenses listed in subsection | 16 | | (b) of this Section, except that the requirements of a 3-year | 17 | | 7-year waiting period and the $175 $200 application fee do not | 18 | | apply. | 19 | | (Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18; | 20 | | 100-863, eff. 8-14-18; 100-872, eff. 8-14-18.) | 21 | | Section 10. The Asbestos Abatement Act is amended by | 22 | | changing Section 10a as follows:
| 23 | | (105 ILCS 105/10a) (from Ch. 122, par. 1410a)
| 24 | | Sec. 10a. Licensing. No inspector, management
planner, |
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| 1 | | project designer, project manager, air sampling professional,
| 2 | | asbestos abatement contractor, worker or project supervisor | 3 | | may be employed
as a response action contractor unless that | 4 | | individual or entity is
licensed by the Department. Those | 5 | | individuals and entities wishing to be
licensed shall make | 6 | | application on forms prescribed and furnished by the
| 7 | | Department. A license shall expire annually according to a | 8 | | schedule
determined by the Department. Applications for | 9 | | renewal of licenses shall
be filed with the Department at | 10 | | least 30 days before the expiration date.
When a licensure | 11 | | examination is required, the application for licensure
shall | 12 | | be submitted to the Department at least 30 days prior to the | 13 | | date of
the scheduled examination. The Department shall | 14 | | evaluate each application
based on its minimum standards for | 15 | | licensure, promulgated as rules, and
render a decision. Such | 16 | | standards may include a requirement for the
successful | 17 | | completion of a course of training approved by the Department.
| 18 | | If the Department denies the application, the applicant may | 19 | | appeal such
decision pursuant to the provisions of the | 20 | | "Administrative Review Law".
| 21 | | The Department, upon notification by the Illinois Workers' | 22 | | Compensation Commission or the Department of Insurance, shall | 23 | | refuse the issuance or renewal of a license to, or suspend or | 24 | | revoke the license of, any individual, corporation, | 25 | | partnership, or other business entity that has been found by | 26 | | the Illinois Workers' Compensation Commission or the |
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| 1 | | Department of Insurance to have failed: | 2 | | (a) to secure workers' compensation obligations in the | 3 | | manner required by subsections (a) and (b) of Section 4 of | 4 | | the Workers' Compensation Act; | 5 | | (b) to pay in full a fine or penalty imposed by the | 6 | | Illinois Workers' Compensation Commission or the | 7 | | Department of Insurance due to a failure to secure | 8 | | workers' compensation obligations in the manner required | 9 | | by subsections (a) and (b) of Section 4 of the Workers' | 10 | | Compensation Act; or | 11 | | (c) to fulfill all obligations assumed pursuant to any | 12 | | settlement reached with the Illinois Workers' Compensation | 13 | | Commission or the Department of Insurance due to a failure | 14 | | to secure workers' compensation obligations in the manner | 15 | | required by subsections (a) and (b) of Section 4 of the | 16 | | Workers' Compensation Act. | 17 | | A complaint filed with the Department by the Illinois | 18 | | Workers' Compensation Commission or the Department of | 19 | | Insurance that includes a certification, signed by its | 20 | | Director or Chairman, or the Director or Chairman's designee, | 21 | | attesting to a finding of the failure to secure workers' | 22 | | compensation obligations in the manner required by subsections | 23 | | (a) and (b) of Section 4 of the Workers' Compensation Act or | 24 | | the failure to pay any fines or penalties or to discharge any | 25 | | obligation under a settlement relating to the failure to | 26 | | secure workers' compensation obligations in the manner |
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| 1 | | required by subsections (a) and (b) of Section 4 of the | 2 | | Workers' Compensation Act is prima facie evidence of the | 3 | | licensee's or applicant's failure to comply with subsections | 4 | | (a) and (b) of Section 4 of the Workers' Compensation Act. Upon | 5 | | receipt of that certification, the Department shall, without a | 6 | | hearing, immediately suspend all licenses held by the licensee | 7 | | or the processing of any application from the applicant. | 8 | | Enforcement of the Department's order shall be stayed for 60 | 9 | | days. The Department shall provide notice of the suspension to | 10 | | the licensee by mailing a copy of the Department's order to the | 11 | | licensee's or applicant's address of record or emailing a copy | 12 | | of the order to the licensee's or applicant's email address of | 13 | | record. The notice shall advise the licensee or applicant that | 14 | | the suspension shall be effective 60 days after the issuance | 15 | | of the order unless the Department receives, from the licensee | 16 | | or applicant, a request for a hearing before the Department to | 17 | | dispute the matters contained in the order. | 18 | | Upon receiving notice from the Illinois Workers' | 19 | | Compensation Commission or the Department of Insurance that | 20 | | the violation has been corrected or otherwise resolved, the | 21 | | Department shall vacate the order suspending a licensee's | 22 | | license or the processing of an applicant's application. | 23 | | No license shall be suspended or revoked until after the | 24 | | licensee is afforded any due process protection guaranteed by | 25 | | statute or rule adopted by the Workers' Compensation | 26 | | Commission or the Department of Insurance. |
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| 1 | | (Source: P.A. 86-416.)
| 2 | | Section 15. The Lead Poisoning Prevention Act is amended | 3 | | by changing Section 8.1 as follows:
| 4 | | (410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
| 5 | | Sec. 8.1. Licensing of lead inspectors and lead risk | 6 | | assessors.
| 7 | | (a) The Department shall establish standards and
licensing | 8 | | procedures for lead inspectors and lead risk assessors. An | 9 | | integral element of these
procedures shall be an education and | 10 | | training program prescribed by the
Department which shall | 11 | | include but not be limited to scientific sampling,
chemistry, | 12 | | and construction techniques. No person shall make inspections | 13 | | or risk assessments
without first being licensed by the | 14 | | Department. The penalty for inspection or risk assessment
| 15 | | without a license shall be a Class A misdemeanor and an | 16 | | administrative fine.
| 17 | | (b) The Department shall charge licensed lead inspectors | 18 | | and lead risk assessors reasonable license
fees and the fees | 19 | | shall be placed in the Lead Poisoning Screening,
Prevention, | 20 | | and Abatement Fund and used to fund the Department's licensing
| 21 | | of lead inspectors and lead risk assessors and any other | 22 | | activities prescribed by this Act. A licensed lead
inspector | 23 | | or lead risk assessor employed by the Department or its | 24 | | delegate agency shall not be
charged a license fee.
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| 1 | | (c) The Department, upon notification by the Illinois | 2 | | Workers' Compensation Commission or the Department of | 3 | | Insurance, shall refuse the issuance or renewal of a license | 4 | | to, or suspend or revoke the license of, of any individual, | 5 | | corporation, partnership, or other business entity that has | 6 | | been found by the Illinois Workers' Compensation Commission or | 7 | | the Department of Insurance to have failed: | 8 | | (1) to secure workers' compensation obligations in the | 9 | | manner required by subsections (a) and (b) of Section 4 of | 10 | | the Workers' Compensation Act; | 11 | | (2) to pay in full a fine or penalty imposed by the | 12 | | Illinois Workers' Compensation Commission or the | 13 | | Department of Insurance due to a failure to secure | 14 | | workers' compensation obligations in the manner required | 15 | | by subsections (a) and (b) of Section 4 of the Workers' | 16 | | Compensation Act; or | 17 | | (3) to fulfill all obligations assumed pursuant to any | 18 | | settlement reached with the Illinois Workers' Compensation | 19 | | Commission or the Department of Insurance due to a failure | 20 | | to secure workers' compensation obligations in the manner | 21 | | required by subsections (a) and (b) of Section 4 of the | 22 | | Workers' Compensation Act. | 23 | | A complaint filed with the Department by the Illinois | 24 | | Workers' Compensation Commission or the Department of | 25 | | Insurance that includes a certification, signed by its | 26 | | Director or Chairman or designee, attesting to a finding of |
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| 1 | | the failure to secure workers' compensation obligations in the | 2 | | manner required by subsections (a) and (b) of Section 4 of the | 3 | | Workers' Compensation Act or the failure to pay any fines or | 4 | | penalties or to discharge any obligation under a settlement | 5 | | relating to the failure to secure workers' compensation | 6 | | obligations in the manner required by subsections (a) and (b) | 7 | | of Section 4 of the Workers' Compensation Act is prima facie | 8 | | evidence of the licensee's or applicant's failure to comply | 9 | | with subsections (a) and (b) of Section 4 of the Workers' | 10 | | Compensation Act. Upon receipt of that certification, the | 11 | | Department shall, without a hearing, immediately suspend all | 12 | | licenses held by the licensee or the processing of any | 13 | | application from the applicant. Enforcement of the | 14 | | Department's order shall be stayed for 60 days. The Department | 15 | | shall provide notice of the suspension to the licensee by | 16 | | mailing a copy of the Department's order to the licensee's or | 17 | | applicant's address of record or emailing a copy of the order | 18 | | to the licensee's or applicant's email address of record. The | 19 | | notice shall advise the licensee or applicant that the | 20 | | suspension shall be effective 60 days after the issuance of | 21 | | the order unless the Department receives, from the licensee or | 22 | | applicant, a request for a hearing before the Department to | 23 | | dispute the matters contained in the order. | 24 | | Upon receiving notice from the Illinois Workers' | 25 | | Compensation Commission or the Department of Insurance that | 26 | | the violation has been corrected or otherwise resolved, the |
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| 1 | | Department shall vacate the order suspending a licensee's | 2 | | license or the processing of an applicant's application. | 3 | | No license shall be suspended or revoked until after the | 4 | | licensee is afforded any due process protection guaranteed by | 5 | | statute or rule adopted by the Workers' Compensation | 6 | | Commission or the Department of Insurance. | 7 | | (Source: P.A. 98-690, eff. 1-1-15 .)
| 8 | | Section 20. The Illinois Plumbing License Law is amended | 9 | | by changing Section 13.1 as follows:
| 10 | | (225 ILCS 320/13.1)
| 11 | | Sec. 13.1. Plumbing contractors; registration; | 12 | | applications.
| 13 | | (1) On and after May 1, 2002, all persons or corporations | 14 | | desiring to
engage in
the
business of plumbing contractor, | 15 | | other than any entity that maintains an
audited net worth of | 16 | | shareholders' equity equal to or exceeding $100,000,000,
shall
| 17 | | register in accordance with the
provisions of this
Act.
| 18 | | (2) Application for registration shall be filed with the | 19 | | Department each
year, on
or before the last day of
September, | 20 | | in writing and on forms
prepared and
furnished by the | 21 | | Department. All plumbing contractor registrations expire
on | 22 | | the last
day of
September of each year.
| 23 | | (3) Applications shall contain the name, address, and | 24 | | telephone number of
the
person and the plumbing license of (i) |
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| 1 | | the individual, if a sole
proprietorship; (ii) the
partner, if | 2 | | a partnership; or (iii) an officer, if a corporation. The
| 3 | | application shall contain
the business name, address, and | 4 | | telephone number, a current copy of the
plumbing
license, and | 5 | | any other information the Department may require by rule.
| 6 | | (4) Applicants shall submit an original certificate of | 7 | | insurance
documenting that
the contractor carries general | 8 | | liability insurance with a minimum of $100,000
per
occurrence, | 9 | | a minimum of $300,000 aggregate
for bodily injury,
property | 10 | | damage insurance with a minimum of $50,000 or a minimum of | 11 | | $300,000
combined single limit, and workers compensation
| 12 | | insurance with a minimum $500,000 employer's liability. No | 13 | | registration
may be issued in the
absence of this
certificate. | 14 | | Certificates must be in force at all times for registration to
| 15 | | remain valid.
| 16 | | (5) Applicants shall submit, on a form provided by the | 17 | | Department, an
indemnification bond in the amount of $20,000 | 18 | | or a letter of credit in the same
amount
for work performed in | 19 | | accordance with this Act and the rules promulgated under
this | 20 | | Act.
| 21 | | (5.5) The Department, upon notification by the Illinois | 22 | | Workers' Compensation Commission or the Department of | 23 | | Insurance, shall refuse the issuance or renewal of a license | 24 | | to, or suspend or revoke the license of, any individual, | 25 | | corporation, partnership, or other business entity that has | 26 | | been found by the Illinois Workers' Compensation Commission or |
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| 1 | | the Department of Insurance to have failed: | 2 | | (a) to secure workers' compensation obligations in the | 3 | | manner required by subsections (a) and (b) of Section 4 of | 4 | | the Workers' Compensation Act; | 5 | | (b) to pay in full a fine or penalty imposed by the | 6 | | Illinois Workers' Compensation Commission or the | 7 | | Department of Insurance due to a failure to secure | 8 | | workers' compensation obligations in the manner required | 9 | | by subsections (a) and (b) of Section 4 of the Workers' | 10 | | Compensation Act; or | 11 | | (c) to fulfill all obligations assumed pursuant to any | 12 | | settlement reached with the Illinois Workers' Compensation | 13 | | Commission or the Department of Insurance due to a failure | 14 | | to secure workers' compensation obligations in the manner | 15 | | required by subsections (a) and (b) of Section 4 of the | 16 | | Workers' Compensation Act. | 17 | | A complaint filed with the Department by the Illinois | 18 | | Workers' Compensation Commission or the Department of | 19 | | Insurance that includes a certification, signed by its | 20 | | Director or Chairman or designee, attesting to a finding of | 21 | | the failure to secure workers' compensation obligations in the | 22 | | manner required by subsections (a) and (b) of Section 4 of the | 23 | | Workers' Compensation Act or the failure to pay any fines or | 24 | | penalties or to discharge any obligation under a settlement | 25 | | relating to the failure to secure workers' compensation | 26 | | obligations in the manner required by subsections (a) and (b) |
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| 1 | | of Section 4 of the Workers' Compensation Act is prima facie | 2 | | evidence of the licensee's or applicant's failure to comply | 3 | | with subsections (a) and (b) of Section 4 of the Workers' | 4 | | Compensation Act. Upon receipt of that certification, the | 5 | | Department shall, without a hearing, immediately suspend all | 6 | | licenses held by the licensee or the processing of any | 7 | | application from the applicant. Enforcement of the | 8 | | Department's order shall be stayed for 60 days. The Department | 9 | | shall provide notice of the suspension to the licensee by | 10 | | mailing a copy of the Department's order to the licensee's or | 11 | | applicant's address of record or emailing a copy of the order | 12 | | to the licensee's or applicant's email address of record. The | 13 | | notice shall advise the licensee or applicant that the | 14 | | suspension shall be effective 60 days after the issuance of | 15 | | the order unless the Department receives, from the licensee or | 16 | | applicant, a request for a hearing before the Department to | 17 | | dispute the matters contained in the order. | 18 | | Upon receiving notice from the Illinois Workers' | 19 | | Compensation Commission or the Department of Insurance that | 20 | | the violation has been corrected or otherwise resolved, the | 21 | | Department shall vacate the order suspending a licensee's | 22 | | license or the processing of an applicant's application. | 23 | | No license shall be suspended or revoked until after the | 24 | | licensee is afforded any due process protection guaranteed by | 25 | | statute or rule adopted by the Workers' Compensation | 26 | | Commission or the Department of Insurance. |
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| 1 | | (6) All employees of a registered
plumbing
contractor who | 2 | | engage in plumbing work shall be licensed plumbers or | 3 | | apprentice
plumbers in accordance with this Act.
| 4 | | (7) Plumbing contractors shall submit an annual | 5 | | registration fee in an
amount to
be established by rule.
| 6 | | (8) The Department shall be notified in advance of any | 7 | | changes in the
business
structure, name, or location or of the | 8 | | addition or deletion of the owner or
officer who is the
| 9 | | licensed plumber listed on the application. Failure to notify | 10 | | the Department
of this
information is grounds for suspension | 11 | | or revocation of the plumbing
contractor's
registration.
| 12 | | (9) In the event that the plumber's license on the | 13 | | application for
registration of a
plumbing contractor is a | 14 | | license issued by the City of Chicago, it shall be the
| 15 | | responsibility of the
applicant to forward a copy of the | 16 | | plumber's license to the Department, noting
the name of the
| 17 | | registered
plumbing contractor, when it is renewed. In the | 18 | | event that the plumbing contractor's registration is suspended | 19 | | or revoked, the Department shall notify the City of Chicago | 20 | | and any corresponding plumbing contractor's license issued by | 21 | | the City of Chicago shall be suspended or revoked.
| 22 | | (Source: P.A. 97-365, eff. 1-1-12.)
| 23 | | Section 99. Effective date. This Act takes effect January | 24 | | 1, 2024.".
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