103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2145

 

Introduced 2/7/2023, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2105/2105-15
20 ILCS 2105/2105-207
105 ILCS 105/10a  from Ch. 122, par. 1410a
410 ILCS 45/8.1  from Ch. 111 1/2, par. 1308.1
225 ILCS 320/13.1

    Amends the Civil Administrative Code of Illinois (Department of Professional Regulation Law). Provides that the Department of Financial and Professional Regulation shall refuse the issuance or renewal of a license to, or suspend or revoke the license of, any individual, corporation, partnership, or other business entity that has been found by the Workers' Compensation Commission or the Department of Insurance to have failed to secure workers' compensation obligations in the manner required by the Workers' Compensation Act, to pay in full a fine or penalty imposed due to a failure to secure workers' compensation obligations in the manner required by the Workers' Compensation Act, or to fulfill all obligations assumed pursuant to a settlement reached with the Workers' Compensation Commission or the Department of Insurance relating to a failure to secure workers' compensation obligations in the manner required by the Workers' Compensation Act. Provides no initial or renewal license shall be issued, and no suspended license shall be reinstated, until the Department is notified by the Workers' Compensation Commission or the Department of Insurance that the licensee's or applicant's failure to comply with the Workers' Compensation Act has been corrected or otherwise resolved to the satisfaction of the Workers' Compensation Commission or the Department of Insurance. Provides that an application to make disciplinary records confidential shall also be considered by the Department for an offense or action relating to: failure to comply with workers' compensation requirements or reprimand of a licensee. Makes corresponding changes to the Asbestos Abatement Act, the Lead Poisoning Prevention Act, and the Illinois Plumbing License Law. Effective January 1, 2024.


LRB103 28765 AMQ 55148 b

 

 

A BILL FOR

 

HB2145LRB103 28765 AMQ 55148 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing 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
10Civil Administrative Code of Illinois, the following powers
11and 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
17    wholly impartial method of examination of candidates to
18    exercise the respective professions, trades, or
19    occupations.
20        (3) To pass upon the qualifications of applicants for
21    licenses, certificates, and authorities, whether by
22    examination, by reciprocity, or by endorsement.
23        (4) To prescribe rules and regulations defining, for

 

 

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1    the respective professions, trades, and occupations, what
2    shall constitute a school, college, or university, or
3    department of a university, or other institution,
4    reputable and in good standing, and to determine the
5    reputability and good standing of a school, college, or
6    university, or department of a university, or other
7    institution, reputable and in good standing, by reference
8    to a compliance with those rules and regulations;
9    provided, that no school, college, or university, or
10    department of a university, or other institution that
11    refuses admittance to applicants solely on account of
12    race, color, creed, sex, sexual orientation, or national
13    origin shall be considered reputable and in good standing.
14        (5) To conduct hearings on proceedings to revoke,
15    suspend, refuse to renew, place on probationary status, or
16    take other disciplinary action as authorized in any
17    licensing Act administered by the Department with regard
18    to licenses, certificates, or authorities of persons
19    exercising the respective professions, trades, or
20    occupations and to revoke, suspend, refuse to renew, place
21    on probationary status, or take other disciplinary action
22    as authorized in any licensing Act administered by the
23    Department with regard to those licenses, certificates, or
24    authorities.
25        The Department shall issue a monthly disciplinary
26    report.

 

 

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1        The Department shall refuse to issue or renew a
2    license to, or shall suspend or revoke a license of, any
3    person who, after receiving notice, fails to comply with a
4    subpoena or warrant relating to a paternity or child
5    support proceeding. However, the Department may issue a
6    license or renewal upon compliance with the subpoena or
7    warrant.
8        The Department, without further process or hearings,
9    shall revoke, suspend, or deny any license or renewal
10    authorized by the Civil Administrative Code of Illinois to
11    a person who is certified by the Department of Healthcare
12    and Family Services (formerly Illinois Department of
13    Public Aid) as being more than 30 days delinquent in
14    complying with a child support order or who is certified
15    by a court as being in violation of the Non-Support
16    Punishment Act for more than 60 days. The Department may,
17    however, issue a license or renewal if the person has
18    established a satisfactory repayment record as determined
19    by the Department of Healthcare and Family Services
20    (formerly Illinois Department of Public Aid) or if the
21    person is determined by the court to be in compliance with
22    the Non-Support Punishment Act. The Department may
23    implement this paragraph as added by Public Act 89-6
24    through the use of emergency rules in accordance with
25    Section 5-45 of the Illinois Administrative Procedure Act.
26    For purposes of the Illinois Administrative Procedure Act,

 

 

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1    the adoption of rules to implement this paragraph shall be
2    considered an emergency and necessary for the public
3    interest, safety, and welfare.
4        (6) To transfer jurisdiction of any realty under the
5    control of the Department to any other department of the
6    State Government or to acquire or accept federal lands
7    when the transfer, acquisition, or acceptance is
8    advantageous to the State and is approved in writing by
9    the Governor.
10        (7) To formulate rules and regulations necessary for
11    the enforcement of any Act administered by the Department.
12        (8) To exchange with the Department of Healthcare and
13    Family Services information that may be necessary for the
14    enforcement of child support orders entered pursuant to
15    the Illinois Public Aid Code, the Illinois Marriage and
16    Dissolution of Marriage Act, the Non-Support of Spouse and
17    Children Act, the Non-Support Punishment Act, the Revised
18    Uniform Reciprocal Enforcement of Support Act, the Uniform
19    Interstate Family Support Act, the Illinois Parentage Act
20    of 1984, or the Illinois Parentage Act of 2015.
21    Notwithstanding any provisions in this Code to the
22    contrary, the Department of Professional Regulation shall
23    not be liable under any federal or State law to any person
24    for any disclosure of information to the Department of
25    Healthcare and Family Services (formerly Illinois
26    Department of Public Aid) under this paragraph (8) or for

 

 

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1    any other action taken in good faith to comply with the
2    requirements of this paragraph (8).
3        (8.3) To exchange information with the Department of
4    Human Rights regarding recommendations received under
5    paragraph (B) of Section 8-109 of the Illinois Human
6    Rights Act regarding a licensee or candidate for licensure
7    who has committed a civil rights violation that may lead
8    to the refusal, suspension, or revocation of a license
9    from the Department.
10        (8.5) To accept continuing education credit for
11    mandated reporter training on how to recognize and report
12    child abuse offered by the Department of Children and
13    Family Services and completed by any person who holds a
14    professional license issued by the Department and who is a
15    mandated reporter under the Abused and Neglected Child
16    Reporting Act. The Department shall adopt any rules
17    necessary to implement this paragraph.
18        (9) To perform other duties prescribed by law.
19    (a-5) Except in cases involving delinquency in complying
20with a child support order or violation of the Non-Support
21Punishment Act and notwithstanding anything that may appear in
22any individual licensing Act or administrative rule, no person
23or entity whose license, certificate, or authority has been
24revoked as authorized in any licensing Act administered by the
25Department may apply for restoration of that license,
26certification, or authority until 3 years after the effective

 

 

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1date of the revocation.
2    (b) (Blank).
3    (c) For the purpose of securing and preparing evidence,
4and for the purchase of controlled substances, professional
5services, and equipment necessary for enforcement activities,
6recoupment of investigative costs, and other activities
7directed at suppressing the misuse and abuse of controlled
8substances, including those activities set forth in Sections
9504 and 508 of the Illinois Controlled Substances Act, the
10Director and agents appointed and authorized by the Director
11may expend sums from the Professional Regulation Evidence Fund
12that the Director deems necessary from the amounts
13appropriated for that purpose. Those sums may be advanced to
14the agent when the Director deems that procedure to be in the
15public interest. Sums for the purchase of controlled
16substances, professional services, and equipment necessary for
17enforcement activities and other activities as set forth in
18this Section shall be advanced to the agent who is to make the
19purchase from the Professional Regulation Evidence Fund on
20vouchers signed by the Director. The Director and those agents
21are authorized to maintain one or more commercial checking
22accounts with any State banking corporation or corporations
23organized under or subject to the Illinois Banking Act for the
24deposit and withdrawal of moneys to be used for the purposes
25set forth in this Section; provided, that no check may be
26written nor any withdrawal made from any such account except

 

 

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1upon the written signatures of 2 persons designated by the
2Director to write those checks and make those withdrawals.
3Vouchers for those expenditures must be signed by the
4Director. All such expenditures shall be audited by the
5Director, and the audit shall be submitted to the Department
6of Central Management Services for approval.
7    (d) Whenever the Department is authorized or required by
8law to consider some aspect of criminal history record
9information for the purpose of carrying out its statutory
10powers and responsibilities, then, upon request and payment of
11fees in conformance with the requirements of Section 2605-400
12of the Illinois State Police Law, the Illinois State Police is
13authorized to furnish, pursuant to positive identification,
14the information contained in State files that is necessary to
15fulfill the request.
16    (e) The provisions of this Section do not apply to private
17business and vocational schools as defined by Section 15 of
18the Private Business and Vocational Schools Act of 2012.
19    (f) (Blank).
20    (f-5) Notwithstanding anything that may appear in any
21individual licensing statute or administrative rule, the
22Department shall allow an applicant to provide his or her
23individual taxpayer identification number as an alternative to
24providing a social security number when applying for a
25license.
26    (g) Notwithstanding anything that may appear in any

 

 

HB2145- 8 -LRB103 28765 AMQ 55148 b

1individual licensing statute or administrative rule, the
2Department shall deny any license application or renewal
3authorized under any licensing Act administered by the
4Department to any person who has failed to file a return, or to
5pay the tax, penalty, or interest shown in a filed return, or
6to pay any final assessment of tax, penalty, or interest, as
7required by any tax Act administered by the Illinois
8Department of Revenue, until such time as the requirement of
9any such tax Act are satisfied; however, the Department may
10issue a license or renewal if the person has established a
11satisfactory repayment record as determined by the Illinois
12Department of Revenue. For the purpose of this Section,
13"satisfactory repayment record" shall be defined by rule.
14    In addition, a complaint filed with the Department by the
15Illinois Department of Revenue that includes a certification,
16signed by its Director or designee, attesting to the amount of
17the unpaid tax liability or the years for which a return was
18not filed, or both, is prima facie evidence of the licensee's
19failure to comply with the tax laws administered by the
20Illinois Department of Revenue. Upon receipt of that
21certification, the Department shall, without a hearing,
22immediately suspend all licenses held by the licensee.
23Enforcement of the Department's order shall be stayed for 60
24days. The Department shall provide notice of the suspension to
25the licensee by mailing a copy of the Department's order to the
26licensee's address of record or emailing a copy of the order to

 

 

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1the licensee's email address of record. The notice shall
2advise the licensee that the suspension shall be effective 60
3days after the issuance of the Department's order unless the
4Department receives, from the licensee, a request for a
5hearing before the Department to dispute the matters contained
6in the order.
7    Any suspension imposed under this subsection (g) shall be
8terminated by the Department upon notification from the
9Illinois Department of Revenue that the licensee is in
10compliance with all tax laws administered by the Illinois
11Department of Revenue.
12    The Department may promulgate rules for the administration
13of this subsection (g).
14    (g-5) Notwithstanding anything that may appear in any
15individual licensing statute or administrative rule, the
16Department shall refuse the issuance or renewal of a license
17to, or suspend or revoke the license of, any individual,
18corporation, partnership, or other business entity that has
19been found by the Workers' Compensation Commission or the
20Department of Insurance to have failed to (i) secure workers'
21compensation obligations in the manner required by the
22Workers' Compensation Act, (ii) pay in full a fine or penalty
23imposed due to a failure to secure workers' compensation
24obligations in the manner required by the Workers'
25Compensation Act, or (iii) fulfill all obligations assumed
26pursuant to a settlement reached with the Workers'

 

 

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1Compensation Commission or the Department of Insurance
2relating to a failure to secure workers' compensation
3obligations in the manner required by the Workers'
4Compensation Act. No initial or renewal license shall be
5issued, and no suspended license shall be reinstated, until
6such time that the Department is notified by the Workers'
7Compensation Commission or the Department of Insurance that
8the licensee's or applicant's failure to comply with the
9Workers' Compensation Act has been corrected or otherwise
10resolved to satisfaction of the Workers' Compensation
11Commission or the Department of Insurance.
12    In addition, a complaint filed with the Department by the
13Workers' Compensation Commission or the Department of
14Insurance that includes a certification, signed by its
15Director or Chairman, or the Director or Chairman's designee,
16attesting to a finding of the failure to secure workers'
17compensation obligations in the manner required by the
18Workers' Compensation Act or the failure to pay any fines or
19penalties or to discharge any obligation under a settlement
20relating to the failure to secure workers' compensation
21obligations in the manner required by the Workers'
22Compensation Act is prima facie evidence of the licensee's or
23applicant's failure to comply with the Workers' Compensation
24Act. Upon receipt of that certification, the Department shall,
25without a hearing, immediately suspend all licenses held by
26the licensee or the processing of any application from the

 

 

HB2145- 11 -LRB103 28765 AMQ 55148 b

1applicant. Enforcement of the Department's order shall be
2stayed for 60 days. The Department shall provide notice of the
3suspension to the licensee by mailing a copy of the
4Department's order to the licensee's address of record or
5emailing a copy of the order to the licensee's email address of
6record. The notice shall advise the licensee that the
7suspension shall be effective 60 days after the issuance of
8the Department's order unless the Department receives from the
9licensee or applicant a request for a hearing before the
10Department to dispute the matters contained in the order.
11    Any suspension imposed under this subsection shall be
12terminated by the Department upon notification from the
13Workers' Compensation Commission or the Department of
14Insurance that the licensee's or applicant's failure to comply
15with the Workers' Compensation Act has been corrected or
16otherwise resolved to the satisfaction of the Workers'
17Compensation Commissions or the Department of Insurance.
18    The Department may adopt rules for the administration of
19this subsection.
20    (h) The Department may grant the title "Retired", to be
21used immediately adjacent to the title of a profession
22regulated by the Department, to eligible retirees. For
23individuals licensed under the Medical Practice Act of 1987,
24the title "Retired" may be used in the profile required by the
25Patients' Right to Know Act. The use of the title "Retired"
26shall not constitute representation of current licensure,

 

 

HB2145- 12 -LRB103 28765 AMQ 55148 b

1registration, or certification. Any person without an active
2license, registration, or certificate in a profession that
3requires licensure, registration, or certification shall not
4be permitted to practice that profession.
5    (i) The Department shall make available on its website
6general information explaining how the Department utilizes
7criminal history information in making licensure application
8decisions, including a list of enumerated offenses that serve
9as a statutory bar to licensure.
10(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
11102-538, eff. 8-20-21.)
 
12    (20 ILCS 2105/2105-207)
13    Sec. 2105-207. Records of Department actions.
14    (a) Any licensee subject to a licensing Act administered
15by the Department Division of Professional Regulation and who
16has been subject to disciplinary action by the Department may
17file an application with the Department on forms provided by
18the Department, along with the required fee of $175, to have
19the records classified as confidential, not for public
20release, and considered expunged for reporting purposes if:
21        (1) the application is submitted more than 3 years
22    after the disciplinary offense or offenses occurred or
23    after restoration of the license, whichever is later;
24        (2) the licensee has had no incidents of discipline
25    under the licensing Act since the disciplinary offense or

 

 

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1    offenses identified in the application occurred;
2        (3) the Department has no pending investigations
3    against the licensee; and
4        (4) the licensee is not currently in a disciplinary
5    status.
6    (b) An application to make disciplinary records
7confidential shall only be considered by the Department for an
8offense or action relating to:
9        (1) failure to pay taxes;
10        (2) continuing education;
11        (3) failure to renew a license on time;
12        (4) failure to obtain or renew a certificate of
13    registration or ancillary license;
14        (5) advertising;
15        (5.1) discipline based on criminal charges or
16    convictions:
17            (A) that did not arise from the licensed activity
18        and was unrelated to the licensed activity; or
19            (B) that were dismissed or for which records have
20        been sealed or expunged;
21        (5.2) past probationary status of a license issued to
22    new applicants on the sole or partial basis of prior
23    convictions; or
24        (6) any grounds for discipline removed from the
25    licensing Act; .
26        (7) failure to comply with workers' compensation

 

 

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1    requirements; or
2        (8) reprimand of a licensee.
3    (c) An application shall be submitted to and considered by
4the Director of the Division of Professional Regulation upon
5submission of an application and the required non-refundable
6fee. The Department may establish additional requirements by
7rule. The Department is not required to report the removal of
8any disciplinary record to any national database. Nothing in
9this Section shall prohibit the Department from using a
10previous discipline for any regulatory purpose or from
11releasing records of a previous discipline upon request from
12law enforcement, or other governmental body as permitted by
13law. Classification of records as confidential shall result in
14removal of records of discipline from records kept pursuant to
15Sections 2105-200 and 2105-205 of this Act.
16    (d) Any applicant for licensure or a licensee whose
17petition for review is granted by the Department pursuant to
18subsection (a-1) of Section 2105-165 of this Law may file an
19application with the Department on forms provided by the
20Department to have records relating to his or her permanent
21denial or permanent revocation classified as confidential and
22not for public release and considered expunged for reporting
23purposes in the same manner and under the same terms as is
24provided in this Section for the offenses listed in subsection
25(b) of this Section, except that the requirements of a 3-year
267-year waiting period and the $175 $200 application fee do not

 

 

HB2145- 15 -LRB103 28765 AMQ 55148 b

1apply.
2(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
3100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)
 
4    Section 10. The Asbestos Abatement Act is amended by
5changing Section 10a as follows:
 
6    (105 ILCS 105/10a)  (from Ch. 122, par. 1410a)
7    Sec. 10a. Licensing. No inspector, management planner,
8project designer, project manager, air sampling professional,
9asbestos abatement contractor, worker or project supervisor
10may be employed as a response action contractor unless that
11individual or entity is licensed by the Department. Those
12individuals and entities wishing to be licensed shall make
13application on forms prescribed and furnished by the
14Department. A license shall expire annually according to a
15schedule determined by the Department. Applications for
16renewal of licenses shall be filed with the Department at
17least 30 days before the expiration date. When a licensure
18examination is required, the application for licensure shall
19be submitted to the Department at least 30 days prior to the
20date of the scheduled examination. The Department shall
21evaluate each application based on its minimum standards for
22licensure, promulgated as rules, and render a decision. Such
23standards may include a requirement for the successful
24completion of a course of training approved by the Department.

 

 

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1If the Department denies the application, the applicant may
2appeal such decision pursuant to the provisions of the
3"Administrative Review Law".
4    The Department, upon notification by the Workers'
5Compensation Commission or the Department of Insurance, shall
6refuse the issuance or renewal of a license to, or suspend or
7revoke the license of, any individual, corporation,
8partnership, or other business entity that has been found by
9the Workers' Compensation Commission or the Department of
10Insurance to have failed:
11        (a) to secure workers' compensation obligations in the
12    manner required by the Workers' Compensation Act;
13        (b) to pay in full a fine or penalty imposed by the
14    Workers' Compensation Commission or the Department of
15    Insurance due to a failure to secure workers' compensation
16    obligations in the manner required by the Workers'
17    Compensation Act; or
18        (c) to fulfill all obligations assumed pursuant to any
19    settlement reached with the Workers' Compensation
20    Commission or the Department of Insurance due to a failure
21    to secure workers' compensation obligations in the manner
22    required by the Workers' Compensation Act.
23    A complaint filed with the Department by the Workers'
24Compensation Commission or the Department of Insurance that
25includes a certification, signed by its Director or Chairman,
26or the Director or Chairman's designee, attesting to a finding

 

 

HB2145- 17 -LRB103 28765 AMQ 55148 b

1of the failure to secure workers' compensation obligations in
2the manner required by the Workers' Compensation Act or the
3failure to pay any fines or penalties or to discharge any
4obligation under a settlement relating to the failure to
5secure workers' compensation obligations in the manner
6required by the Workers' Compensation Act is prima facie
7evidence of the licensee's or applicant's failure to comply
8with the Workers' Compensation Act. Upon receipt of that
9certification, the Department shall, without a hearing,
10immediately suspend all licenses held by the licensee or the
11processing of any application from the applicant. Enforcement
12of the Department's order shall be stayed for 60 days. The
13Department shall provide notice of the suspension to the
14licensee by mailing a copy of the Department's order to the
15licensee's or applicant's address of record or emailing a copy
16of the order to the licensee's or applicant's email address of
17record. The notice shall advise the licensee or applicant that
18the suspension shall be effective 60 days after the issuance
19of the order unless the Department receives, from the licensee
20or applicant, a request for a hearing before the Department to
21dispute the matters contained in the order.
22    Upon receiving notice from the Workers' Compensation
23Commission or the Department of Insurance that the violation
24has been corrected or otherwise resolved, the Department shall
25vacate the order suspending a licensee's license or the
26processing of an applicant's application.

 

 

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1(Source: P.A. 86-416.)
 
2    Section 15. The Lead Poisoning Prevention Act is amended
3by 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
6assessors.
7    (a) The Department shall establish standards and licensing
8procedures for lead inspectors and lead risk assessors. An
9integral element of these procedures shall be an education and
10training program prescribed by the Department which shall
11include but not be limited to scientific sampling, chemistry,
12and construction techniques. No person shall make inspections
13or risk assessments without first being licensed by the
14Department. The penalty for inspection or risk assessment
15without a license shall be a Class A misdemeanor and an
16administrative fine.
17    (b) The Department shall charge licensed lead inspectors
18and lead risk assessors reasonable license fees and the fees
19shall be placed in the Lead Poisoning Screening, Prevention,
20and Abatement Fund and used to fund the Department's licensing
21of lead inspectors and lead risk assessors and any other
22activities prescribed by this Act. A licensed lead inspector
23or lead risk assessor employed by the Department or its
24delegate agency shall not be charged a license fee.

 

 

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1    (c) The Department, upon notification by the Workers'
2Compensation Commission or the Department of Insurance, shall
3refuse the issuance or renewal of a license to, or suspend or
4revoke the license of, of any individual, corporation,
5partnership, or other business entity that has been found by
6the Workers' Compensation Commission or the Department of
7Insurance to have failed:
8        (1) to secure workers' compensation obligations in the
9    manner required by the Workers' Compensation Act;
10        (2) to pay in full a fine or penalty imposed by the
11    Workers' Compensation Commission or the Department of
12    Insurance due to a failure to secure workers' compensation
13    obligations in the manner required by the Workers'
14    Compensation Act; or
15        (3) to fulfill all obligations assumed pursuant to any
16    settlement reached with the Workers' Compensation
17    Commission or the Department of Insurance due to a failure
18    to secure workers' compensation obligations in the manner
19    required by the Workers' Compensation Act.
20    A complaint filed with the Department by the Workers'
21Compensation Commission or the Department of Insurance that
22includes a certification, signed by its Director or Chairman
23or designee, attesting to a finding of the failure to secure
24workers' compensation obligations in the manner required by
25the Workers' Compensation Act or the failure to pay any fines
26or penalties or to discharge any obligation under a settlement

 

 

HB2145- 20 -LRB103 28765 AMQ 55148 b

1relating to the failure to secure workers' compensation
2obligations in the manner required by the Workers'
3Compensation Act is prima facie evidence of the licensee's or
4applicant's failure to comply with the Workers' Compensation
5Act. Upon receipt of that certification, the Department shall,
6without a hearing, immediately suspend all licenses held by
7the licensee or the processing of any application from the
8applicant. Enforcement of the Department's order shall be
9stayed for 60 days. The Department shall provide notice of the
10suspension to the licensee by mailing a copy of the
11Department's order to the licensee's or applicant's address of
12record or emailing a copy of the order to the licensee's or
13applicant's email address of record. The notice shall advise
14the licensee or applicant that the suspension shall be
15effective 60 days after the issuance of the order unless the
16Department receives, from the licensee or applicant, a request
17for a hearing before the Department to dispute the matters
18contained in the order.
19    Upon receiving notice from the Workers' Compensation
20Commission or the Department of Insurance that the violation
21has been corrected or otherwise resolved, the Department shall
22vacate the order suspending a licensee's license or the
23processing of an applicant's application.
24(Source: P.A. 98-690, eff. 1-1-15.)
 
25    Section 20. The Illinois Plumbing License Law is amended

 

 

HB2145- 21 -LRB103 28765 AMQ 55148 b

1by changing Section 13.1 as follows:
 
2    (225 ILCS 320/13.1)
3    Sec. 13.1. Plumbing contractors; registration;
4applications.
5    (1) On and after May 1, 2002, all persons or corporations
6desiring to engage in the business of plumbing contractor,
7other than any entity that maintains an audited net worth of
8shareholders' equity equal to or exceeding $100,000,000, shall
9register in accordance with the provisions of this Act.
10    (2) Application for registration shall be filed with the
11Department each year, on or before the last day of September,
12in writing and on forms prepared and furnished by the
13Department. All plumbing contractor registrations expire on
14the last day of September of each year.
15    (3) Applications shall contain the name, address, and
16telephone number of the person and the plumbing license of (i)
17the individual, if a sole proprietorship; (ii) the partner, if
18a partnership; or (iii) an officer, if a corporation. The
19application shall contain the business name, address, and
20telephone number, a current copy of the plumbing license, and
21any other information the Department may require by rule.
22    (4) Applicants shall submit an original certificate of
23insurance documenting that the contractor carries general
24liability insurance with a minimum of $100,000 per occurrence,
25a minimum of $300,000 aggregate for bodily injury, property

 

 

HB2145- 22 -LRB103 28765 AMQ 55148 b

1damage insurance with a minimum of $50,000 or a minimum of
2$300,000 combined single limit, and workers compensation
3insurance with a minimum $500,000 employer's liability. No
4registration may be issued in the absence of this certificate.
5Certificates must be in force at all times for registration to
6remain valid.
7    (5) Applicants shall submit, on a form provided by the
8Department, an indemnification bond in the amount of $20,000
9or a letter of credit in the same amount for work performed in
10accordance with this Act and the rules promulgated under this
11Act.
12    (5.5) The Department, upon notification by the Workers'
13Compensation Commission or the Department of Insurance, shall
14refuse the issuance or renewal of a license to, or suspend or
15revoke the license of, any individual, corporation,
16partnership, or other business entity that has been found by
17the Workers' Compensation Commission or the Department of
18Insurance to have failed:
19        (a) to secure workers' compensation obligations in the
20    manner required by the Workers' Compensation Act;
21        (b) to pay in full a fine or penalty imposed by the
22    Workers' Compensation Commission or the Illinois
23    Department of Insurance due to a failure to secure
24    workers' compensation obligations in the manner required
25    by the Workers' Compensation Act; or
26        (c) to fulfill all obligations assumed pursuant to any

 

 

HB2145- 23 -LRB103 28765 AMQ 55148 b

1    settlement reached with the Workers' Compensation
2    Commission or the Department of Insurance due to a failure
3    to secure workers' compensation obligations in the manner
4    required by the Workers' Compensation Act.
5    A complaint filed with the Department by the Workers'
6Compensation Commission or the Department of Insurance that
7includes a certification, signed by its Director or Chairman
8or designee, attesting to a finding of the failure to secure
9workers' compensation obligations in the manner required by
10the Workers' Compensation Act or the failure to pay any fines
11or penalties or to discharge any obligation under a settlement
12relating to the failure to secure workers' compensation
13obligations in the manner required by the Workers'
14Compensation Act is prima facie evidence of the licensee's or
15applicant's failure to comply with the Workers' Compensation
16Act. Upon receipt of that certification, the Department shall,
17without a hearing, immediately suspend all licenses held by
18the licensee or the processing of any application from the
19applicant. Enforcement of the Department's order shall be
20stayed for 60 days. The Department shall provide notice of the
21suspension to the licensee by mailing a copy of the
22Department's order to the licensee's or applicant's address of
23record or emailing a copy of the order to the licensee's or
24applicant's email address of record. The notice shall advise
25the licensee or applicant that the suspension shall be
26effective 60 days after the issuance of the order unless the

 

 

HB2145- 24 -LRB103 28765 AMQ 55148 b

1Department receives, from the licensee or applicant, a request
2for a hearing before the Department to dispute the matters
3contained in the order.
4    Upon receiving notice from the Workers' Compensation
5Commission or the Department of Insurance that the violation
6has been corrected or otherwise resolved, the Department shall
7vacate the order suspending a licensee's license or the
8processing of an applicant's application.
9    (6) All employees of a registered plumbing contractor who
10engage in plumbing work shall be licensed plumbers or
11apprentice plumbers in accordance with this Act.
12    (7) Plumbing contractors shall submit an annual
13registration fee in an amount to be established by rule.
14    (8) The Department shall be notified in advance of any
15changes in the business structure, name, or location or of the
16addition or deletion of the owner or officer who is the
17licensed plumber listed on the application. Failure to notify
18the Department of this information is grounds for suspension
19or revocation of the plumbing contractor's registration.
20    (9) In the event that the plumber's license on the
21application for registration of a plumbing contractor is a
22license issued by the City of Chicago, it shall be the
23responsibility of the applicant to forward a copy of the
24plumber's license to the Department, noting the name of the
25registered plumbing contractor, when it is renewed. In the
26event that the plumbing contractor's registration is suspended

 

 

HB2145- 25 -LRB103 28765 AMQ 55148 b

1or revoked, the Department shall notify the City of Chicago
2and any corresponding plumbing contractor's license issued by
3the City of Chicago shall be suspended or revoked.
4(Source: P.A. 97-365, eff. 1-1-12.)
 
5    Section 99. Effective date. This Act takes effect January
61, 2024.