State of Illinois
92nd General Assembly
Legislation

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92_HB1815ham003

 










                                           LRB9205574LBgcam04

 1                    AMENDMENT TO HOUSE BILL 1815

 2        AMENDMENT NO.     .  Amend House Bill 1815,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 1.  Short title.  This Act may be cited  as  the
 6    Petroleum Equipment Contractors Licensing Act.

 7        Section 5.  Definitions.  For the purposes of this Act:
 8        "Board"   means   the   Petroleum  Equipment  Contractors
 9    Advisory Board.
10        "Employee" means a licensee or a person who is  currently
11    employed  by  a contractor licensed under this Act whose full
12    or  part-time  duties  include  installing,   repairing,   or
13    removing underground storage tanks.
14        "Person"   means   a   natural  person  or  any  company,
15    corporation, or other business entity.
16        "Petroleum equipment contractor" means a person, company,
17    or corporation that installs, repairs, or removes underground
18    storage tanks.

19        Section   10.    Licensure    requirement;    injunction.
20    Beginning  6  months after the effective date of this Act, no
21    person, firm, association, or  corporation  shall  act  as  a
 
                            -2-            LRB9205574LBgcam04
 1    petroleum  equipment  contractor  or  employee,  advertise or
 2    assume  to  act  as  a  petroleum  equipment  contractor   or
 3    employee,  or  use  any title implying that the person, firm,
 4    association, or corporation is engaged in  such  practice  or
 5    occupation, unless licensed by the State Fire Marshal.
 6        The  State  Fire  Marshal,  in  the  name  of the People,
 7    through the Attorney General, the  State's  Attorney  of  any
 8    county, any resident of the State, or any legal entity within
 9    the  State  may  apply  for injunctive relief in any court to
10    enjoin a person who has not been issued a  license  or  whose
11    license  has  been  suspended,  revoked, or not renewed, from
12    practicing as a petroleum equipment contractor, and, upon the
13    filing of a verified petition, the  court,  if  satisfied  by
14    affidavit  or  otherwise  that  the  person  is  or  has been
15    practicing in violation of this Act, may  enter  a  temporary
16    restraining  order  or  preliminary injunction, without bond,
17    enjoining the defendant from further activity.  A copy of the
18    verified complaint shall be served upon the defendant and the
19    proceedings shall be conducted as in other civil  cases.   If
20    it  is  established  that  the  defendant  has  been,  or  is
21    practicing  in  violation  of this Act, the court may enter a
22    judgment perpetually enjoining the defendant from any further
23    unlicensed  activity.   In  the  case  of  violation  of  any
24    injunctive order or judgment entered under the provisions  of
25    this  Section,  the  court  may  summarily try and punish the
26    offender for contempt of court.  Such  injunctive  proceeding
27    shall  be  in addition to all penalties and other remedies in
28    this Act.

29        Section  15.   Deposit  of  fees.   All  fees   collected
30    pursuant  to  this  Act  shall  be  deposited  into  the Fire
31    Prevention Fund.

32        Section 25.  Rules; report. The State Fire Marshal  shall
 
                            -3-            LRB9205574LBgcam04
 1    promulgate  rules  consistent with the provisions of this Act
 2    for the administration and enforcement of this  Act  and  may
 3    prescribe  forms  that shall be issued in connection with the
 4    rules promulgated under this Act.  The  rules  shall  include
 5    standards   and   criteria   for  registration,  professional
 6    conduct, and discipline.

 7        Section 30.  Investigators.  The State Fire  Marshal  may
 8    employ,   in   conformity   with   the  Personnel  Code,  the
 9    professional, technical, investigative, or clerical help that
10    may be necessary for  the  enforcement  of  this  Act.   Each
11    investigator  shall  have  a minimum of 2 years investigative
12    experience out of the preceding 5 years.
13        An investigator may not hold  an  active  license  issued
14    pursuant  to  this  Act or have any fiduciary interest in any
15    business licensed under this Act.  This prohibition does  not
16    prohibit  the  investigator  from holding stock in a publicly
17    traded  business  licensed  or  regulated  under  this   Act,
18    provided  that the investigator does not hold more than 5% of
19    the stock of the business.

20        Section 35.  Licensure qualifications and fees.
21        (a)  Applicants for a license must submit to  the  Office
22    all of the following:
23             (1)  fees as established by the Office;
24             (2)  evidence   of   registration   as  an  Illinois
25        corporation or evidence of compliance  with  the  Assumed
26        Business Name Act;
27             (3)  evidence   of  financial  responsibility  in  a
28        minimum amount of $1,000,000 through liability insurance,
29        self-insurance, group insurance, group self-insurance, or
30        risk  retention  groups  that  must   include   completed
31        operations and environmental impairment; and
32             (4)  evidence  of compliance with the qualifications
 
                            -4-            LRB9205574LBgcam04
 1        and standards established by the Office.
 2        (b)  The contractor  must  possess  a  license  from  the
 3    Office to perform the following types of activity:
 4             (1)  installation of underground storage tanks;
 5             (2)  repair    of    USTs,   which   shall   include
 6        retrofitting  and  installation  of  cathodic  protection
 7        systems;
 8             (3)  decommissioning of USTs  including  abandonment
 9        in place;
10             (4)  relining of USTs;
11             (5)  tank and piping tightness testing;
12             (6)  testing of cathodic protection systems; and
13             (7)  any other category established by the Office of
14        the State Fire Marshal.
15        (c)  The  Office  of  the  Fire Marshal shall adopt rules
16    outlining  the  minimum  amount  of  training  required   for
17    personnel   engaged  in  Underground  Storage  Tank  activity
18    regulated under this Act.

19        Section 40.  Application.  Each application for a license
20    to practice under this Act shall be in writing and signed  by
21    the  applicant  on  forms provided by the Office of the State
22    Fire Marshal.

23        Section 45.  Issuance of license; renewal.
24        (a)  The State Fire Marshal shall, upon  the  applicant's
25    satisfactory  completion of the requirements authorized under
26    this Act, and upon receipt of the requisite fees,  issue  the
27    appropriate  license  and  wallet  card  showing the name and
28    business location of the licensee, the dates of issuance  and
29    expiration,  and  shall  contain a photograph of the licensee
30    provided to the State Fire Marshal.
31        (b)  Each licensee may apply for renewal of  his  or  her
32    license  upon  payment  of the $200 fee.  The expiration date
 
                            -5-            LRB9205574LBgcam04
 1    and renewal period for each license  issued  under  this  Act
 2    shall be set by rule.  Failure to renew within 60 days of the
 3    date  shall  cause the license to lapse. A lapsed license may
 4    not be reinstated until a written application is  filed,  the
 5    renewal  fee  is  paid,  and a $50 reinstatement fee is paid.
 6    The renewal  and  reinstatement  fees  shall  be  waived  for
 7    persons  who  did  not  renew  while  on  active  duty in the
 8    military and who file for renewal or restoration  within  one
 9    year after discharge from the active duty service.
10        (c)  All   fees   paid   pursuant   to   this   Act   are
11    non-refundable.

12        Section  50.   Returned  checks.   Any  person  who  on 2
13    occasions issues or delivers a check or other  order  to  the
14    State  Fire  Marshal  that  is  not  honored by the financial
15    institution upon which it is drawn  because  of  insufficient
16    funds  in  his  or  her  account, shall pay to the State Fire
17    Marshal, in addition to the amount owing upon  the  check  or
18    other  order,  a fee of $50.  If the check or other order was
19    issued or delivered in payment  of  a  renewal  fee  and  the
20    licensee  whose  license  has  lapsed  continues  to practice
21    without paying the renewal fee and the $50 fee required under
22    this Section, an additional fee of $100 shall be imposed  for
23    practicing without a current license.  The State Fire Marshal
24    shall  notify the licensee whose license has lapsed within 30
25    days after the discovery by the State Fire Marshal  that  the
26    licensee  is  practicing  without a current license, that the
27    person is acting  as  a  petroleum  equipment  contractor  or
28    employee,  as  the  case  may  be, without a license, and the
29    amount due to the State Fire Marshal, which shall include the
30    lapsed renewal fee  and  all  other  fees  required  by  this
31    Section.  If after the expiration of 30 days from the date of
32    such  notification,  the  licensee  whose  license has lapsed
33    seeks a current license, he or she shall apply to  the  State
 
                            -6-            LRB9205574LBgcam04
 1    Fire  Marshal  for  reinstatement  of the license and pay all
 2    fees due to the State Fire Marshal.  The State  Fire  Marshal
 3    may  establish a fee for the processing of an application for
 4    reinstatement of a license that allows the State Fire Marshal
 5    to pay all costs and expenses incident to the  processing  of
 6    this  application.  The State Fire Marshal may waive the fees
 7    due under this Section in individual cases where  he  or  she
 8    finds  that  the  fees would be unreasonable or unnecessarily
 9    burdensome.

10        Section  60.   License  renewal;  display   of   license;
11    inspection.
12        (a)  As  a  condition  of renewal of a license, the State
13    Fire Marshal may require the licensee to  report  information
14    pertaining to his or her practice that the State Fire Marshal
15    determines to be in the interest of public safety.
16        (b)  A  licensee  shall report a change in home or office
17    address within 10 days.
18        (c)  Each licensee shall prominently display his  or  her
19    license  to practice at each place from which the practice is
20    being performed.  If more than one location is  used,  branch
21    office  certificates shall be issued upon payment of the fees
22    to be established by the State Fire Marshal.   Each  employee
23    shall  carry on his or her person a wallet card issued by the
24    State Fire Marshal.
25        (d)  If a license or certificate  is  lost,  a  duplicate
26    shall  be  issued  upon  payment  of  the  required fee to be
27    established by the State Fire Marshal.  If a licensee  wishes
28    to change his or her name, the State Fire Marshal shall issue
29    a  license  in  the new name upon payment of the required fee
30    and upon receipt of satisfactory proof that  the  change  was
31    done in accordance with law.
32        (e)  Each  licensee shall permit his or her facilities to
33    be inspected by representatives of the Office  of  the  State
 
                            -7-            LRB9205574LBgcam04
 1    Fire Marshal.

 2        Section  65.   Disciplinary  actions.  Licensees shall be
 3    subject to disciplinary action for any of the following:
 4             (1)  obtaining or renewing a license by the  use  of
 5        fraud or material deception;
 6             (2)  being  professionally incompetent as manifested
 7        by poor standards of service;
 8             (3)  engaging   in   dishonorable,   unethical,   or
 9        unprofessional conduct of a character likely to  deceive,
10        defraud, or harm the public in the course of professional
11        services or activities;
12             (4)  being   convicted   of   a  crime  that  has  a
13        substantial relationship to his or  her  practice  or  an
14        essential  element  of  which  is misstatement, fraud, or
15        dishonesty, being convicted in this or another  state  of
16        any  crime that is a felony under the laws of Illinois or
17        of that state, or  being  convicted  of  a  felony  in  a
18        federal  court,  unless the licensee demonstrates that he
19        or she has been sufficiently rehabilitated to warrant the
20        public trust;
21             (5)  performing any service in a  grossly  negligent
22        manner  or  permitting  any  licensed employee to perform
23        services in a grossly  negligent  manner,  regardless  of
24        whether   actual  damage  or  damage  to  the  public  is
25        established;
26             (6)  being  habitual  drunk  or  having  a  habitual
27        addiction to the use  of  morphine,  cocaine,  controlled
28        substances, or other habit-forming drugs;
29             (7)  willfully  receiving  compensation, directly or
30        indirectly, for any  professional  service  not  actually
31        rendered;
32             (8)  having disciplinary action taken against his or
33        her license in another State;
 
                            -8-            LRB9205574LBgcam04
 1             (9)  contracting  or assisting unlicensed persons to
 2        perform services for which a license  is  required  under
 3        this Act;
 4             (10)  permitting  the  use  of his or her license to
 5        enable an unlicensed person or agency  to  operate  as  a
 6        licensee;
 7             (11)  performing  and  charging for services without
 8        having authorization to do so  from  the  member  of  the
 9        public being served; or
10             (12)  failing  to  comply with any provision of this
11        Act or the rules adopted under this Act.

12        Section  70.   Complaints.   All  complaints   concerning
13    violations  regarding  licensees or unlicensed activity shall
14    be received and logged by the State Fire Marshal and reported
15    to the Board.

16        Section 75. Formal charges; hearings.
17        (a)  Following the investigative process, the State  Fire
18    Marshal  may  file  formal charges against the licensee.  The
19    formal charges shall, at a minimum, inform  the  licensee  of
20    the  facts that comprise the basis of the charge and that are
21    specific enough to enable the licensee to defend  himself  or
22    herself.
23        (b)  Each  licensee  whose  conduct  is  the subject of a
24    formal  charge  that  seeks  to  impose  disciplinary  action
25    against the licensee shall be served  notice  of  the  formal
26    charge at least 30 days before the date of the hearing, which
27    shall be presided over by a hearing officer authorized by the
28    State Fire Marshal.  Service shall be considered to have been
29    given  if  the notice was personally received by the licensee
30    or if the notice was sent by certified mail,  return  receipt
31    requested,  to  the  licensee  at  the  licensee's last known
32    address as listed with the State Fire Marshal.
 
                            -9-            LRB9205574LBgcam04
 1        (c)  The  notice  of  formal  charges  shall  inform  the
 2    licensee (i) of the time, date, and  place  of  the  hearing;
 3    (ii) that the licensee shall appear personally at the hearing
 4    and  may  be  represented by counsel; (iii) that the licensee
 5    shall have the right to produce witnesses and evidence in his
 6    or her behalf and  shall  have  the  right  to  cross-examine
 7    witnesses  and  examine evidence produced against him or her;
 8    (iv) that the hearing could  result  in  disciplinary  action
 9    being  taken  against  his or her license; (v) that rules for
10    the conduct of these hearings exist and  it  may  be  in  the
11    licensee's  best  interest  to  obtain  a  copy;  (vi) that a
12    hearing officer authorized by the State  Fire  Marshal  shall
13    preside  at  the  hearing and following the conclusion of the
14    hearing shall make findings of fact, conclusions of law,  and
15    recommendations   to  the  State  Fire  Marshal  as  to  what
16    disciplinary  action,  if  any,  should  be  imposed  on  the
17    licensee; and (vii) that the State Fire Marshal may  continue
18    the hearing.
19        (d)  The  hearing  officer  authorized  by the State Fire
20    Marshal shall hear the evidence produced in  support  of  the
21    formal  charges  and  any  contrary  evidence produced by the
22    licensee.  At the conclusion  of  the  hearing,  the  hearing
23    officer  shall make findings of fact, conclusions of law, and
24    recommendations and submit them to the State Fire Marshal and
25    to all parties to the proceeding.  Submission to the licensee
26    shall be considered as having been made if done in a  similar
27    fashion  as  service of the notice of formal charges.  Within
28    20 days after such service, any party to the  proceeding  may
29    present to the State Fire Marshal a motion, in writing, for a
30    rehearing that specifies the grounds for rehearing.
31        (e)  The  State  Fire Marshal, following the time allowed
32    for filing a motion for rehearing, shall review  the  hearing
33    officer's   findings   of   fact,  conclusions  of  law,  and
34    recommendations and  any  motions  filed  subsequent  to  the
 
                            -10-           LRB9205574LBgcam04
 1    findings,  conclusions, and recommendations.  After reviewing
 2    this information,  the  State  Fire  Marshal  may  hear  oral
 3    arguments, prior to issuing an order.  The report of findings
 4    of  fact,  conclusions  of  law,  and  recommendations of the
 5    hearing officer  shall  be  the  basis  for  the  State  Fire
 6    Marshal's order.
 7        If  the State Fire Marshal finds that substantial justice
 8    was not done, he or she may issue an order  in  contravention
 9    to   the   findings   of   fact,   conclusions  of  law,  and
10    recommendations of  the  hearing  officer.   The  State  Fire
11    Marshal  shall  provide the Board with written explanation of
12    any such deviation, and shall specify with particularity  the
13    reasons  for  the  action.   The finding is not admissible in
14    evidence against the person in a criminal prosecution brought
15    for the violation of this Act.
16        (f)  All proceedings pursuant to this Section are matters
17    of public record and shall be preserved.

18        Section 80.  Sanctions.
19        (a)  The State Fire  Marshal  shall  impose  any  of  the
20    following sanctions, singly or in combination, when he or she
21    finds  that  a licensee is guilty of any offense described in
22    Section 65:
23             (1)  revocation;
24             (2)  suspension for any period of time;
25             (3)  reprimand or censure;
26             (4)  placement   on    probationary    status    and
27        requirement  that  the  licensee  submit  of  any  of the
28        following:
29                  (A)  report regularly to  the  Board  or  State
30             Fire  Marshal upon matters that are the basis of the
31             probation;
32                  (B)  continue or renew  professional  education
33             until  a  satisfactory  degree  of  skill  has  been
 
                            -11-           LRB9205574LBgcam04
 1             attained  in  those  areas that are the basis of the
 2             probation; or
 3                  (C)  any  other  reasonable   requirements   or
 4             restrictions as are proper;
 5             (5)  refusal to issue, renew, or restore; or
 6             (6)  revocation  of  probation that has been granted
 7        and imposition of any other discipline in this subsection
 8        (a) when the requirements  of  probation  have  not  been
 9        fulfilled or have been violated.
10        (b)  The  State  Fire  Marshal  may  summarily  suspend a
11    license under this Act,  without  a  hearing,  simultaneously
12    with  the  filing  of  a  formal  complaint  and notice for a
13    hearing, if the State Fire Marshal finds that  the  continued
14    operations  of  the  individual would constitute an immediate
15    danger to the public.  In the event the  State  Fire  Marshal
16    suspends  a  license  under this subsection, a hearing by the
17    hearing officer designated by the State Fire Marshal shall be
18    held within 20  days  after  the  suspension  begins,  unless
19    continued at the request of the licensee.
20        (c)  Disposition  may  be made of any formal complaint by
21    consent  order  between  the  State  Fire  Marshal  and   the
22    licensee,  but the Board must be apprised of the full consent
23    order in a timely way.
24        (d)  The State Fire Marshal shall reinstate a license  to
25    good  standing  under  this  Act,  upon recommendation to the
26    State Fire  Marshal,  after  a  hearing  before  the  hearing
27    officer  authorized by the State Fire Marshal. The State Fire
28    Marshal shall  be  satisfied  that  the  applicant's  renewed
29    practice is not contrary to the public interest.
30        (e)  The  State  Fire  Marshal  may  conduct hearings and
31    issue cease and  desist  orders  to  persons  who  engage  in
32    activities  prohibited  by  this  Act  without having a valid
33    license,  certificate,  or  registration.   Any   person   in
34    violation  of  a  cease and desist order entered by the State
 
                            -12-           LRB9205574LBgcam04
 1    Fire Marshal shall be subject to all of the remedies provided
 2    by law and, in addition, shall be subject to a civil  penalty
 3    payable to the party injured by the violation.
 4        (f)  The   State  Fire  Marshal  shall  seek  to  achieve
 5    consistency in the application of the foregoing sanctions and
 6    consent orders and significant departure from prior decisions
 7    involving similar conduct shall be  explained  in  the  State
 8    Fire Marshal's orders.
 9        (g)  Upon  the  suspension  or  revocation  of  a license
10    issued under this Act, a licensee shall surrender the license
11    to the State Fire Marshal and, upon failure  to  do  so,  the
12    State Fire Marshal shall seize the same.
13        (g-5)  Any person, business, or corporation whose license
14    has  been  revoked  under  the  provisions  of  this  Act  is
15    prohibited,  for  a  period  of  2  years  from  the  date of
16    revocation, from owning more than 7 1/2%  of  a  business  or
17    corporation licensed under this Act.
18        (h)  The  State  Fire  Marshal may refuse to issue or may
19    suspend the license of any person who fails to file a return,
20    to pay the tax, penalty, or interest shown in a filed return,
21    or to pay any final assessment of tax, penalty, or  interest,
22    as  required  by  any  tax  Act  administered by the Illinois
23    Department of Revenue, until the time that  the  requirements
24    of any such tax Act are satisfied.

25        Section 85.  Depositions; witnesses; judicial review.
26        (a)  The State Fire Marshal has the power to subpoena and
27    bring  before him or her any person in this State and to take
28    testimony either orally or by deposition, or both,  with  the
29    same fees and mileage and in the same manner as is prescribed
30    by  law  for  judicial proceedings in civil cases.  The State
31    Fire Marshal and the hearing officer approved  by  the  State
32    Fire  Marshal  have  the  power  to  administer  oaths at any
33    hearing that the State Fire Marshal is authorized to conduct.
 
                            -13-           LRB9205574LBgcam04
 1        (b)  A  circuit  court,  upon  the  application  of   the
 2    licensee or the State Fire  Marshal, may order the attendance
 3    of  witnesses and the production of relevant books and papers
 4    in any hearing conducted pursuant to this Act.  The court may
 5    compel obedience to its order by proceedings for contempt.
 6        (c)  The State Fire Marshal,  at  the  Office's  expense,
 7    shall  provide  a  stenographer  or  a   mechanical recording
 8    device to record the testimony and preserve a record  of  all
 9    proceedings  at the hearing of any case wherein a license may
10    be revoked, suspended,  placed  on  probationary  status,  or
11    other  disciplinary  action taken with regard to the license.
12    The notice of hearing, the complaint, and all other documents
13    in the nature of pleadings and written motions filed  in  the
14    proceedings,  the  transcript of testimony, the report of the
15    hearing officer, and the orders of  the  State  Fire  Marshal
16    constitute  the  record  of  the proceedings.  The State Fire
17    Marshal shall furnish a  transcript  of  the  record  to  any
18    interested  person  upon  payment of the costs of copying and
19    transmitting the record.
20        (d)  All final administrative decisions of the State Fire
21    Marshal are  subject  to  judicial  review  pursuant  to  the
22    provisions  of  the  Administrative  Review Law and the rules
23    adopted pursuant thereto.  Proceedings  for  judicial  review
24    shall  be  commenced  in  the  Circuit Court of the county in
25    which  the  party  applying  for  review  resides.  If  party
26    applying for review is not a resident of Illinois, the  venue
27    shall be in Sangamon County. The State Fire Marshal shall not
28    be  required  to  certify  any  record to the court, file any
29    answer in court, or  otherwise  appear  in  any  court  in  a
30    judicial  review  proceeding,  unless  there  is filed in the
31    court with the  complaint  a  receipt  from  the  State  Fire
32    Marshal  acknowledging payment of the costs of furnishing and
33    certifying the record, which costs shall be computed  at  the
34    cost  of  preparing such record.  Exhibits shall be certified
 
                            -14-           LRB9205574LBgcam04
 1    without cost.  Failure on the part of the  licensee  to  file
 2    the  receipt  in  court shall be grounds for dismissal of the
 3    action.
 4        During all judicial proceedings incident to  disciplinary
 5    action,  the sanctions  imposed upon the accused by the State
 6    Fire Marshal shall remain in effect, unless the  court  feels
 7    justice requires a stay of the order.

 8        Section  90.   Order;  prima  facie proof.  An order or a
 9    certified copy of an order, bearing the  seal  of  the  State
10    Fire  Marshal  and  purporting to be signed by the State Fire
11    Marshal, is prima facie proof that:
12             (1)  the  signature  is  that  of  the  State   Fire
13        Marshal;
14             (2)  the State Fire Marshal is qualified to act; and
15             (3)  the  hearing  officer  is  qualified  to act on
16        behalf of the State Fire Marshal.
17        Such proof may be rebutted.

18        Section 95.  Publication  of  records.   The  State  Fire
19    Marshal  shall, upon request, publish a list of the names and
20    addresses of all licensees under the provisions of this  Act.
21    The  State  Fire  Marshal shall publish an annual list of all
22    persons whose licenses have been disciplined within the prior
23    year and a quarterly list of each individual who  was  denied
24    employment  status  because  of  a criminal history, together
25    with any other information as the State Fire Marshal may deem
26    of interest to the public.

27        Section 100.  Criminal penalties.  A person who  violates
28    any  of the provisions of this Act shall be guilty of a Class
29    A misdemeanor for the first offense and shall be guilty of  a
30    Class 4 felony for a second or subsequent offense.
 
                            -15-           LRB9205574LBgcam04
 1        Section 105.  Home rule.  The regulation and licensing of
 2    petroleum  equipment  contractors  are  exclusive  powers and
 3    functions of the State.  A home rule unit may not regulate or
 4    license petroleum equipment contractors.  This Section  is  a
 5    denial and limitation of home rule powers and functions under
 6    subsection  (h)  of  Section 6 of Article VII of the Illinois
 7    Constitution.

 8        Section 900.  The Regulatory Sunset  Act  is  amended  by
 9    adding Section 4.22 as follows:

10        (5 ILCS 80/4.22 new)
11        Sec.  4.22.   Act  repealed  on  January  1,  2012.   The
12    following Act is repealed on January 1, 2012:
13        The Petroleum Equipment Contractors Licensing Act.

14        Section  905.  The  Gasoline  Storage  Act  is amended by
15    changing Sections 2 and 7 as follows:

16        (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
17        Sec. 2.  Jurisdiction; regulation of tanks.
18        (1) (a)  Except as otherwise provided in  this  Act,  the
19    jurisdiction  of  the  Office of the State Fire Marshal under
20    this Act shall be concurrent with that of municipalities  and
21    other  political  subdivisions.  The Office of the State Fire
22    Marshal has power to promulgate,  pursuant  to  the  Illinois
23    Administrative    Procedure   Act,   reasonable   rules   and
24    regulations governing the keeping,  storage,  transportation,
25    sale  or  use  of gasoline and volatile oils, including rules
26    requiring that underground storage tank  contractors  file  a
27    bond  or  a  certificate  of  insurance  with  the State Fire
28    Marshal, and rules governing  the  dismantling  of  abandoned
29    bulk  storage  plants.  Nothing in this Act shall relieve any
30    person, corporation, or other entity from complying with  any
 
                            -16-           LRB9205574LBgcam04
 1    zoning  ordinance of a municipality or home rule unit enacted
 2    pursuant to Section 11-13-1 of the Illinois Municipal Code or
 3    any ordinance enacted  pursuant  to  Section  11-8-4  of  the
 4    Illinois Municipal Code.
 5        (b)  The  rulemaking  power  shall  include  the power to
 6    promulgate rules providing for the issuance and revocation of
 7    permits allowing the self service dispensing of  motor  fuels
 8    as  such  term is defined in the Motor Fuel Tax Law in retail
 9    service stations or any other place of business  where  motor
10    fuels  are  dispensed  into the fuel tanks of motor vehicles,
11    internal combustion engines  or  portable  containers.   Such
12    rules  shall  specify  the requirements that must be met both
13    prior and subsequent to the issuance of such permits in order
14    to insure the safety and welfare of the general public.   The
15    operation  of such service stations without a permit shall be
16    unlawful.  The Office of the State Fire Marshal shall  revoke
17    such  permit  if the self service operation of such a service
18    station is found to pose a significant risk to the safety and
19    welfare of the general public.
20        (c)  However, except in any county with a  population  of
21    1,000,000 or more, the Office of the State Fire Marshal shall
22    not have the authority to prohibit the operation of a service
23    station  solely  on  the  basis  that  it  is  an  unattended
24    self-service  station  which  utilizes  key  or card operated
25    self-service motor fuel dispensing devices.  Nothing in  this
26    paragraph shall prohibit the Office of the State Fire Marshal
27    from  adopting reasonable rules and regulations governing the
28    safety of self-service motor fuel dispensing devices.
29        (d)  The  State  Fire  Marshal  shall  not  prohibit  the
30    dispensing or delivery  of  flammable  or  combustible  motor
31    vehicle  fuels  directly into the fuel tanks of vehicles from
32    tank trucks, tank wagons, or other portable tanks.  The State
33    Fire Marshal shall  adopt  rules  (i)  for  the  issuance  of
34    permits  for  the  dispensing  of  motor vehicle fuels in the
 
                            -17-           LRB9205574LBgcam04
 1    manner described in this paragraph (d), (ii)  that  establish
 2    fees  for permits and inspections, and provide for those fees
 3    to be deposited into the Fire  Prevention  Fund,  (iii)  that
 4    require  the dispensing of motor fuel in the manner described
 5    in this paragraph (d)  to  meet  conditions  consistent  with
 6    nationally   recognized   standards  such  as  those  of  the
 7    National Fire Protection Association, and (iv) that  restrict
 8    the dispensing of motor vehicle fuels in the manner described
 9    in this paragraph (d) to the following:
10             (A)  agriculture sites for agricultural purposes,
11             (B)  construction  sites  for refueling construction
12        equipment used at the construction site,
13             (C)  sites  used  for  the  parking,  operation,  or
14        maintenance of a commercial vehicle fleet,  but  only  if
15        the  site  is  located in a county with 3,000,000 or more
16        inhabitants or a  county  contiguous  to  a  county  with
17        3,000,000  or  more  inhabitants  and  the  site  is  not
18        normally accessible to the public, and
19             (D)  sites  used  for the refueling of police, fire,
20        or emergency medical services vehicles or other  vehicles
21        that are owned, leased, or operated by (or operated under
22        contract  with) the State, a unit of local government, or
23        a school district, or any agency of the  State  and  that
24        are not normally accessible to the public.
25        (2) (a)  The Office of the State Fire Marshal shall adopt
26    rules and regulations regarding underground storage tanks and
27    associated  piping  and  no  municipality  or other political
28    subdivision  shall  adopt  or  enforce  any   ordinances   or
29    regulations regarding such underground tanks and piping other
30    than  those  which are identical to the rules and regulations
31    of the Office of the State Fire Marshal.  It is  declared  to
32    be  the law of this State, pursuant to paragraphs (h) and (i)
33    of Section 6 of Article VII  of  the  Illinois  Constitution,
34    that the establishment and enforcement of standards regarding
 
                            -18-           LRB9205574LBgcam04
 1    underground  storage  tanks  and associated piping within the
 2    jurisdiction of the Office of the State Fire  Marshal  is  an
 3    exclusive   State   function   which  may  not  be  exercised
 4    concurrently  by  a  home  rule  unit  except  as   expressly
 5    permitted in this Act.
 6        (b)  The  Office of the State Fire Marshal may enter into
 7    written contracts with  municipalities  of  over  500,000  in
 8    population to enforce the rules and regulations adopted under
 9    this subsection.
10        (3) (a)  The  Office of the State Fire Marshal shall have
11    authority over underground storage tanks which contain,  have
12    contained,  or  are  designed to contain petroleum, hazardous
13    substances and regulated substances as those terms  are  used
14    in  Subtitle I of the Hazardous and Solid Waste Amendments of
15    1984 (P.L. 98-616), as amended by  the  Superfund  Amendments
16    and  Reauthorization  Act  of 1986 (P.L. 99-499).  The Office
17    shall have the power with regard to underground storage tanks
18    to require any person who tests, installs, repairs, replaces,
19    relines, or  removes  any  underground  storage  tank  system
20    containing,  formerly  containing,  or  which  is designed to
21    contain  petroleum  or  other  regulated  substances  to   be
22    certified  to  perform  that  activity, to obtain a permit to
23    install, repair, replace, reline, or  remove  the  particular
24    tank  system,  to pay an annual certification fee of $100 per
25    year, and to pay a fee set by the Office of $100 per site for
26    a permit to install, repair, replace, reline, upgrade,  test,
27    or  remove any portion of an underground storage tank system.
28    All persons who do repairs above grade level  for  themselves
29    need not pay a fee or be certified.  All fees received by the
30    Office  from  certification and permits shall be deposited in
31    the Fire Prevention Fund for the exclusive use of the  Office
32    in administering the Underground Storage Tank program.
33        (b) (i)  Within   120  days  after  the  promulgation  of
34    regulations or amendments thereto by the Administrator of the
 
                            -19-           LRB9205574LBgcam04
 1    United States Environmental Protection  Agency  to  implement
 2    Section  9003  of Subtitle I of the Hazardous and Solid Waste
 3    Amendments of 1984 (P.L. 98-616) of the Resource Conservation
 4    and Recovery Act of  1976  (P.L.  95-580),  as  amended,  the
 5    Office  of  the State Fire Marshal shall adopt regulations or
 6    amendments thereto which  are  identical  in  substance.  The
 7    rulemaking   provisions  of  Section  5-35  of  the  Illinois
 8    Administrative Procedure Act shall not apply  to  regulations
 9    or  amendments  thereto adopted pursuant to this subparagraph
10    (i).
11        (ii)  The Office of the  State  Fire  Marshal  may  adopt
12    additional  regulations  relating  to  an underground storage
13    tank program that are not inconsistent with and at  least  as
14    stringent  as Section 9003 of Subtitle I of the Hazardous and
15    Solid Waste Amendments of 1984 (P.L. 98-616) of the  Resource
16    Conservation  and  Recovery  Act  of  1976  (P.L. 94-580), as
17    amended,  or  regulations  adopted  thereunder.   Except   as
18    provided otherwise in subparagraph (i) of this paragraph (b),
19    the  Office  of  the  State  Fire  Marshal  shall  not  adopt
20    regulations  relating  to  corrective  action  at underground
21    storage  tanks.   Regulations  adopted   pursuant   to   this
22    subsection shall be adopted in accordance with the procedures
23    for rulemaking in Section 5-35 of the Illinois Administrative
24    Procedure Act.
25        (c)  The  Office  of the State Fire Marshal shall require
26    any  person,  corporation  or  other  entity  who  tests   an
27    underground  tank  or  its  piping or cathodic protection for
28    another, except a lessor for his or her lessee,  to  register
29    with  the Office, and pay an annual registration fee of $100,
30    to be deposited in the Fire Prevention Fund,  and  to  report
31    the results of such test to the Office.
32        (d)  In  accordance  with constitutional limitations, the
33    Office shall have authority to enter at all reasonable  times
34    upon any private or public property for the purpose of:
 
                            -20-           LRB9205574LBgcam04
 1             (i)  Inspecting   and   investigating  to  ascertain
 2        possible  violations  of   this   Act,   of   regulations
 3        thereunder  or of permits or terms or conditions thereof;
 4        or
 5             (ii)  In accordance with the provisions of this Act,
 6        taking whatever emergency action, that  is  necessary  or
 7        appropriate,  to  assure that the public health or safety
 8        is not threatened  whenever  there  is  a  release  or  a
 9        substantial  threat  of  a  release  of  petroleum  or  a
10        regulated substance from an underground storage tank.
11        (e)  The  Office  of  the State Fire Marshal may issue an
12    Administrative Order to any person who it reasonably believes
13    has violated the rules and regulations governing  underground
14    storage  tanks,  including  the  installation,  repair,  leak
15    detection,  cathodic  protection  tank  testing,  removal  or
16    release  notification.   Such  an  order  shall  be served by
17    registered or certified mail or in person.  Any person served
18    with such an order may appeal such  order  by  submitting  in
19    writing  any  such appeal to the Office within 10 days of the
20    date of receipt of such order.  The Office shall  conduct  an
21    administrative    hearing    governed    by    the   Illinois
22    Administrative Procedure Act and enter an order  to  sustain,
23    modify or revoke such order. Any appeal from such order shall
24    be  to the circuit court of the county in which the violation
25    took place and shall be governed by the Administrative Review
26    Law.
27        (f)  The Office of  the  State  Fire  Marshal  shall  not
28    require  the  removal of an underground tank system taken out
29    of operation before January 2, 1974, except in  the  case  in
30    which  the  office  of  the State Fire Marshal has determined
31    that a release from  the  underground  tank  system  poses  a
32    current   or   potential  threat  to  human  health  and  the
33    environment.  In that case, and upon receipt of an Order from
34    the Office of the State Fire Marshal, the owner  or  operator
 
                            -21-           LRB9205574LBgcam04
 1    of  the  nonoperational  underground tank system shall assess
 2    the excavation zone and close the system in  accordance  with
 3    regulations  promulgated  by  the  Office  of  the State Fire
 4    Marshal.
 5        (4) (a)  The Office of the State Fire Marshal shall adopt
 6    rules and regulations regarding aboveground storage tanks and
 7    associated piping and  no  municipality  or  other  political
 8    subdivision   shall   adopt  or  enforce  any  ordinances  or
 9    regulations regarding such aboveground tanks and piping other
10    than those which are identical to the rules  and  regulations
11    of  the  Office  of  the  State  Fire  Marshal unless, in the
12    interest of fire safety, the Office of the State Fire Marshal
13    delegates  such  authority   to   municipalities,   political
14    subdivisions  or  home  rule units.  It is declared to be the
15    law of this State, pursuant to  paragraphs  (h)  and  (i)  of
16    Section  6  of Article VII of the Illinois Constitution, that
17    the establishment of standards regarding aboveground  storage
18    tanks  and  associated  piping within the jurisdiction of the
19    Office of the  State  Fire  Marshal  is  an  exclusive  State
20    function  which  may  not be exercised concurrently by a home
21    rule unit except as expressly permitted in this Act.
22        (b)  The Office of the State Fire Marshal  shall  enforce
23    its  rules  and  regulations  concerning  aboveground storage
24    tanks and  associated  piping;  however,  municipalities  may
25    enforce  any of their zoning ordinances or zoning regulations
26    regarding aboveground tanks.  The Office of  the  State  Fire
27    Marshal  may issue an administrative order to any owner of an
28    aboveground storage tank and associated piping it  reasonably
29    believes  to be in violation of such rules and regulations to
30    remedy or remove any such violation.  Such an order shall  be
31    served  by  registered  or  certified mail or in person.  Any
32    person served with such an order may  appeal  such  order  by
33    submitting in writing any such appeal to the Office within 10
34    days  of the date of receipt of such order.  The Office shall
 
                            -22-           LRB9205574LBgcam04
 1    conduct an administrative hearing governed  by  the  Illinois
 2    Administrative  Procedure  Act and enter an order to sustain,
 3    modify or revoke such order.   Any  appeal  from  such  order
 4    shall  be  to  the  circuit  court of the county in which the
 5    violation  took  place  and  shall   be   governed   by   the
 6    Administrative Review Law.
 7    (Source: P.A. 91-851, eff. 1-1-01.)

 8        (430 ILCS 15/7) (from Ch. 127 1/2, par. 159)
 9        Sec. 7. (a)  A violation of:
10             (1)  paragraph  (a)  or  (b)  of  subsection  (3) of
11        Section 2 of this Act is a business offense punishable by
12        a fine of not more than $10,000 per day;
13             (2)  (blank); paragraph (c)  of  subsection  (3)  of
14        Section  2 is a petty offense punishable by a fine of not
15        less than $100 nor more than $500 per tank tested;
16             (3)  Section Sections 4 and  5  of  this  Act  is  a
17        business  offense  punishable  by a fine of not more than
18        $10,000 per day;
19             (3.5)  Section 3.5 of this Act is a business offense
20        punishable by fine of not more than $10,000 per offense;
21             (4)  an  administrative  order   as   described   in
22        paragraph  (e)  of subsection (3) of Section 2, paragraph
23        (b) of subsection (4) of Section 2 or subsection  (c)  of
24        Section 6 after it has become final is a business offense
25        punishable  by  a  fine  of not less than $1,000 nor more
26        than $25,000 per day;
27             (5)  any other rule promulgated by the Office of the
28        State Fire Marshal is a business offense punishable by  a
29        fine  of not less than $100 nor more than $1,000 for each
30        offense or each day of continued violation.
31        (b)  (Blank). The  State  Fire  Marshal  may  suspend  or
32    revoke  the  registration  of any person who has violated the
33    rules of the State Fire Marshal after notice and  opportunity
 
                            -23-           LRB9205574LBgcam04
 1    for  an Administrative hearing which shall be governed by the
 2    Illinois Administrative Procedure Act.  Any appeal from  such
 3    suspension or revocation shall be to the circuit court of the
 4    county  in  which the hearing was held and be governed by the
 5    Administrative Review Law.
 6        (c)  A civil action to recover such fines may be  brought
 7    by the Attorney General or the State's Attorney of the county
 8    in which the violation occurred.
 9        (d)  Any  monies received by the State under this Section
10    shall be deposited into the Underground Storage Tank Fund.
11    (Source: P.A. 90-662, eff. 7-30-98.)

12        Section 999.  Effective date.  This Act takes effect upon
13    becoming law.".

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