Full Text of SB2145 97th General Assembly
SB2145enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Petroleum Equipment Contractors Licensing | 5 | | Act is amended by changing Sections 5, 25, 30, 35, 40, 45, and | 6 | | 60 as follows:
| 7 | | (225 ILCS 729/5)
| 8 | | (Section scheduled to be repealed on January 1, 2012)
| 9 | | Sec. 5. Definitions. For the purposes of this Act:
| 10 | | "Employee" means a licensee or a person who is currently | 11 | | employed by a
contractor licensed under this Act whose full or | 12 | | part-time duties include
any activity specified in Section 35 | 13 | | of this Act.
| 14 | | "Licensee" means a person or business organization | 15 | | licensed in accordance with this Act. | 16 | | "Person" means a natural person or any company, | 17 | | corporation, or other
business
entity.
| 18 | | "Petroleum equipment contractor" or "contractor" means a | 19 | | person, company, or corporation that
installs, repairs, or | 20 | | removes underground storage tanks.
| 21 | | (Source: P.A. 92-618, eff. 7-11-02.)
| 22 | | (225 ILCS 729/25)
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| 1 | | (Section scheduled to be repealed on January 1, 2012)
| 2 | | Sec. 25. Rules; report. The State Fire Marshal shall | 3 | | promulgate rules
consistent with the
provisions of
this Act for | 4 | | the administration and enforcement of this Act and may | 5 | | prescribe
forms that
shall be issued in connection with the | 6 | | rules promulgated under this Act. The
rules shall include | 7 | | standards and
criteria for licensure
registration , | 8 | | professional conduct, and discipline.
| 9 | | (Source: P.A. 92-618, eff. 7-11-02.)
| 10 | | (225 ILCS 729/30)
| 11 | | (Section scheduled to be repealed on January 1, 2012)
| 12 | | Sec. 30. Investigators. The State Fire Marshal may employ, | 13 | | in conformity
with the Personnel Code, the professional, | 14 | | technical, investigative, or
clerical help that
may be | 15 | | necessary for the enforcement of this Act. Each investigator | 16 | | shall have
a
minimum of 2 years investigative experience out of | 17 | | the preceding 5 years.
| 18 | | An investigator may not hold an active license issued | 19 | | pursuant to this Act or
have
any fiduciary interest in any | 20 | | business licensed under this Act. This
prohibition
does not | 21 | | prohibit the investigator from holding stock in a publicly | 22 | | traded
business
licensed or regulated under this Act, provided | 23 | | that the investigator does not
hold more
than 5% of a publicly | 24 | | traded corporation the stock of the business .
| 25 | | (Source: P.A. 92-618, eff. 7-11-02.)
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| 1 | | (225 ILCS 729/35)
| 2 | | (Section scheduled to be repealed on January 1, 2012)
| 3 | | Sec. 35. Licensure qualifications and fees.
| 4 | | (a) Applicants for a license must submit to the Office all | 5 | | of the following:
| 6 | | (1) fees as established by the Office;
| 7 | | (2) evidence of registration as an Illinois | 8 | | corporation or other business entity and, when applicable, | 9 | | evidence of
compliance with the Assumed Business Name Act;
| 10 | | (3) evidence of financial responsibility in a minimum | 11 | | amount of $1,000,000
through liability insurance, | 12 | | self-insurance, group insurance, group
self-insurance, or | 13 | | risk retention groups that must
include completed | 14 | | operations and environmental impairment; and
| 15 | | (4) evidence of compliance with the qualifications and | 16 | | standards
established by the Office.
| 17 | | (b) The contractor must possess a license
from the Office | 18 | | to perform the following
types of activity:
| 19 | | (1) installation of underground storage tanks;
| 20 | | (2) repair of USTs, which shall include retrofitting | 21 | | and installation of
cathodic protection systems;
| 22 | | (3) decommissioning of USTs including abandonment in | 23 | | place;
| 24 | | (4) relining of USTs;
| 25 | | (5) tank and piping tightness testing;
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| 1 | | (6) testing of cathodic protection systems; and
| 2 | | (7) any other category established by the Office of the | 3 | | State Fire
Marshal.
| 4 | | (c) (Blank). The Office of the Fire Marshal shall adopt | 5 | | rules
outlining the minimum
amount of training required for | 6 | | personnel engaged in Underground Storage Tank
activity | 7 | | regulated under this Act.
| 8 | | (Source: P.A. 92-618, eff. 7-11-02.)
| 9 | | (225 ILCS 729/40)
| 10 | | (Section scheduled to be repealed on January 1, 2012)
| 11 | | Sec. 40. Application. Each application for a license to | 12 | | practice under
this Act
shall be electronically submitted or in | 13 | | writing and signed by the applicant on forms provided by the | 14 | | Office
of the
State Fire Marshal.
| 15 | | (Source: P.A. 92-618, eff. 7-11-02.)
| 16 | | (225 ILCS 729/45)
| 17 | | (Section scheduled to be repealed on January 1, 2012)
| 18 | | Sec. 45. Issuance of license; renewal.
| 19 | | (a) The State Fire Marshal shall, upon the applicant's | 20 | | satisfactory
completion
of
the requirements authorized under | 21 | | this Act, and upon receipt of the requisite
fees, issue
the | 22 | | appropriate license and wallet card showing the name and | 23 | | business location
of the
licensee , and the dates of issuance | 24 | | and expiration , and shall contain a photograph
of the
licensee |
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| 1 | | provided to the State Fire Marshal .
| 2 | | (b) Each licensee may apply for renewal of his or her | 3 | | license upon payment
of the
requisite
fee. The expiration date | 4 | | and renewal period for each license issued under this
Act shall
| 5 | | be set by rule. Failure to renew by the expiration date within | 6 | | 60 days of the date shall cause the
license to lapse.
A lapsed | 7 | | license may not be reinstated until a written application is | 8 | | filed,
the renewal fee
is paid, and a $50 reinstatement fee is | 9 | | paid. The renewal and reinstatement
fees shall be
waived for | 10 | | persons who did not renew while on active duty in the military | 11 | | and
who file
for renewal or restoration within one year after | 12 | | discharge from the active duty
service.
| 13 | | (c) All fees paid pursuant to this Act are non-refundable. | 14 | | This shall not preclude the State Fire Marshal from refunding | 15 | | accidental overpayment of fees.
| 16 | | (Source: P.A. 92-618, eff. 7-11-02.)
| 17 | | (225 ILCS 729/60)
| 18 | | (Section scheduled to be repealed on January 1, 2012)
| 19 | | Sec. 60. License renewal; display of license; inspection.
| 20 | | (a) As a condition of renewal of a license, the State Fire | 21 | | Marshal may
require
the
licensee to report information | 22 | | pertaining to his or her practice that the State
Fire
Marshal
| 23 | | determines to be in the interest of public safety.
| 24 | | (b) A licensee shall report a change in home or office | 25 | | address within 10
days.
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| 1 | | (c) Each licensee shall prominently display his or her | 2 | | license to practice
at
each
place from which the practice is | 3 | | being performed. If more than one location is
used,
branch | 4 | | office certificates shall be issued upon payment of the fees to | 5 | | be
established by
the State Fire Marshal. Each employee shall | 6 | | carry on his or her person a
wallet card
issued by the State | 7 | | Fire Marshal.
| 8 | | (d) If a license or certificate is lost, a duplicate shall | 9 | | be issued upon
payment of
the required fee to be established by | 10 | | the State Fire Marshal. If a licensee
wishes to
change his or | 11 | | her name, the State Fire Marshal shall issue a license in the | 12 | | new
name
upon
payment of the required fee and upon receipt of | 13 | | satisfactory proof that the
change was
done in accordance with | 14 | | law.
| 15 | | (e) Each licensee shall permit his or her facilities to be | 16 | | inspected by
representatives of
the Office of the State Fire | 17 | | Marshal.
| 18 | | (Source: P.A. 92-618, eff. 7-11-02.)
| 19 | | Section 90. The Regulatory Sunset Act is amended by | 20 | | changing Section 4.22 and by adding Section 4.32 as follows:
| 21 | | (5 ILCS 80/4.22)
| 22 | | Sec. 4.22. Acts repealed on January 1, 2012. The following
| 23 | | Acts are repealed on January 1, 2012:
| 24 | | The Detection of Deception Examiners Act.
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| 1 | | The Home Inspector License Act.
| 2 | | The Interior Design Title Act.
| 3 | | The Massage Licensing Act.
| 4 | | The Petroleum Equipment Contractors Licensing Act.
| 5 | | The Professional Boxing Act.
| 6 | | The Real Estate Appraiser Licensing Act of 2002.
| 7 | | The Water Well and Pump Installation Contractor's License | 8 | | Act.
| 9 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 10 | | (5 ILCS 80/4.32 new) | 11 | | Sec. 4.32. Act repealed on January 1, 2022. The following | 12 | | Act is repealed on January 1, 2022: | 13 | | The Petroleum Equipment Contractors Licensing Act.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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