093_HB2370ham001











                                     LRB093 07632 LRD 13274 a

 1                    AMENDMENT TO HOUSE BILL 2370

 2        AMENDMENT NO.     .  Amend House Bill 2370  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Illinois Plumbing License Law is amended
 5    by changing Sections 13.1, 18, and 42 as follows:

 6        (225 ILCS 320/13.1)
 7        Sec.    13.1.     Plumbing   contractors;   registration;
 8    applications.
 9        (1)  On  and  after  May  1,   2002,   all   persons   or
10    corporations  desiring  to engage in the business of plumbing
11    contractor, other than any entity that maintains  an  audited
12    net  worth  of  shareholders'  equity  equal  to or exceeding
13    $100,000,000,  shall  register   in   accordance   with   the
14    provisions of this Act.
15        (2)  Application for registration shall be filed with the
16    Department  each year, on or before the last day of September
17    April, in writing and on forms prepared and furnished by  the
18    Department.   All plumbing contractor registrations expire on
19    the last day of September April of each year.
20        (3)  Applications shall contain the  name,  address,  and
21    telephone  number  of  the person and the plumbing license of
22    (i) the  individual,  if  a  sole  proprietorship;  (ii)  the
 
                            -2-      LRB093 07632 LRD 13274 a
 1    partner,  if  a  partnership;  or  (iii)  an  officer,  if  a
 2    corporation.   The  application  shall  contain  the business
 3    name, address, and telephone number, a current  copy  of  the
 4    plumbing  license,  and  any other information the Department
 5    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
 9    occurrence,   bodily  injury  insurance  with  a  minimum  of
10    $300,000 per occurrence, property  damage  insurance  with  a
11    minimum of $50,000, and workers compensation insurance with a
12    minimum  $500,000.   No  registration  may  be  issued in the
13    absence of this certificate.  Certificates must be  in  force
14    at all times for registration to remain valid.
15        (5)  Applicants  shall  submit, on a form provided by the
16    Department, an indemnification bond in the amount of  $20,000
17    or  a  letter of credit in the same amount for work performed
18    in accordance with this Act and the rules  promulgated  under
19    this Act.
20        (6)  All  employees  of  a registered plumbing contractor
21    who engage in plumbing work shall  be  licensed  plumbers  or
22    apprentice plumbers in accordance with this Act.
23        (7)  Plumbing   contractors   shall   submit   an  annual
24    registration fee in an amount to be established by rule.
25        (8)  The Department shall be notified in advance  of  any
26    changes  in  the  business structure, name, or location or of
27    the addition or deletion of the owner or officer who  is  the
28    licensed  plumber  listed  on  the  application.   Failure to
29    notify the Department of  this  information  is  grounds  for
30    suspension   or   revocation  of  the  plumbing  contractor's
31    registration.
32        (9)  In the event  that  the  plumber's  license  on  the
33    application  for  registration  of a plumbing contractor is a
34    license issued by the  City  of  Chicago,  it  shall  be  the
 
                            -3-      LRB093 07632 LRD 13274 a
 1    responsibility  of  the  applicant  to  forward a copy of the
 2    plumber's license to the Department, noting the name  of  the
 3    registered plumbing contractor, when it is renewed.
 4    (Source: P.A. 92-338, eff. 8-10-01.)

 5        (225 ILCS 320/18) (from Ch. 111, par. 1117)
 6        Sec. 18.  Local regulation; Department standards.
 7        (1)  It is hereby declared to be the policy of this State
 8    that  each  city,  town,  village,  township or county with a
 9    water supply system or sewage disposal system or both  should
10    so  soon after the enactment of this Act as practicable, with
11    the advice of the State Department of Public Health,  provide
12    by  ordinance,  bylaws  or  rules  and  regulations  for  the
13    materials,  construction,  alteration,  and inspection of all
14    plumbing placed in or in connection with any building in  any
15    such  city, town, village, township, or county and to provide
16    for and appoint a competent Plumbing  Inspector  or  more  as
17    required.  The  Department  may  by  rule establish voluntary
18    standards for the  content  and  conduct  of  local  plumbing
19    regulation  and  inspection  programs  and  may  evaluate and
20    certify local  programs  that  are  in  compliance  with  the
21    voluntary  standards.  The  Department  may by rule establish
22    voluntary education, training, and experience  standards  for
23    Plumbing  Inspectors  and may certify Plumbing Inspectors who
24    are in  compliance  with  the  voluntary  standards.  Nothing
25    contained in this Act shall prohibit any city, town, village,
26    township or county from providing for a Plumbing Inspector or
27    from  requiring  permits  for  the installation and repair of
28    plumbing and collecting a fee therefor,  but  a  city,  town,
29    village,  township,  or  county  that  requires  a permit for
30    installation and repair of plumbing may not issue that permit
31    without verification that the applicant has a valid  plumbing
32    license. No person shall be appointed as a Plumbing Inspector
33    who  is  not  a  licensed  plumber  under this Act, including
 
                            -4-      LRB093 07632 LRD 13274 a
 1    persons employed as Plumbing Inspectors in home rule units.
 2        (2)  The  Department  of  Public  Health  shall   conduct
 3    inquiry in any city, town, village, township, or county or at
 4    any other place in the State when reasonably necessary in the
 5    judgment  of  the Director of the Department of Public Health
 6    to safeguard the health of any  person  or  persons  in  this
 7    State,  on account of piping or appurtenant appliances within
 8    any building, or outside, when such piping and appliances are
 9    for the use of plumbing as defined in this Act  and  for  the
10    use of carrying sewage or waste within or from any building.
11        The   Department   of  Public  Health  may  conduct  such
12    inquiries in any city, town, village, township or  county  in
13    this State by directing the Plumbing Inspector thereof to aid
14    in  or conduct such inquiry or investigation in behalf of the
15    Department of Public  Health  or  the  Department  of  Public
16    Health  may designate some other person or persons to conduct
17    such investigation.
18    (Source: P.A. 90-714, eff. 8-7-98.)"

19        (225 ILCS 320/42)
20        Sec. 42.  Home rule. Pursuant to paragraph (h) of Section
21    6 of Article VII of the Illinois  Constitution  of  1970  the
22    power  to  regulate  the licensing of plumbers, to promulgate
23    the promulgation of a minimum plumbing code of standards, and
24    the  power  to  regulate  the  registration   of   irrigation
25    contractors  and  plumbing  contractors  shall, except as may
26    otherwise be provided within and pursuant to  the  provisions
27    of  Section  16 and Section 16.1 of this Act, be exercised by
28    the State and may not be  exercised  by  any  unit  of  local
29    government, including home rule units.
30    (Source: P.A. 91-678, eff. 1-26-00.)".