Bill Text: IL HB1692 | 2011-2012 | 97th General Assembly | Introduced

---

Bill Title: Amends the Petroleum Equipment Contractors Licensing Act. Defines "licensee". Deletes the requirement that each investigator shall have a minimum of 2 years of investigative experience out of the proceeding 5 years prior to being employed by the State Fire Marshal to enforce the Act. Deletes provisions requiring the Office of the State Fire Marshal to adopt rules regarding training required for personnel engaged in Underground Storage Tank activity regulated under the Act. Makes changes in provisions concerning applications and issuance and renewal of licenses. Makes other changes. Amends the Regulatory Sunset Act. Extends the repeal date for the Petroleum Equipment Contractors Licensing Act to January 1, 2022 from January 1, 2012. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1692 Detail]

Download: Illinois-2011-HB1692-Introduced.html

---

97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1692 Introduced , by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED:
225 ILCS 729/5
225 ILCS 729/25
225 ILCS 729/30
225 ILCS 729/35
225 ILCS 729/40
225 ILCS 729/45
225 ILCS 729/60
5 ILCS 80/4.22
5 ILCS 80/4.32 new
Amends the Petroleum Equipment Contractors Licensing Act. Defines "licensee". Deletes the requirement that each investigator shall have a minimum of 2 years of investigative experience out of the proceeding 5 years prior to being employed by the State Fire Marshal to enforce the Act. Deletes provisions requiring the Office of the State Fire Marshal to adopt rules regarding training required for personnel engaged in Underground Storage Tank activity regulated under the Act. Makes changes in provisions concerning applications and issuance and renewal of licenses. Makes other changes. Amends the Regulatory Sunset Act. Extends the repeal date for the Petroleum Equipment Contractors Licensing Act to January 1, 2022 from January 1, 2012. Effective immediately.
LRB097 10378 CEL 50593 b
A BILL FOR
HB1692 LRB097 10378 CEL 50593 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Petroleum Equipment Contractors Licensing
Act is amended by changing Sections 5, 25, 30, 35, 40, 45, and
60 as follows:
(225 ILCS 729/5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5. Definitions. For the purposes of this Act:
"Employee" means a licensee or a person who is currently
employed by a contractor licensed under this Act whose full or
part-time duties include any activity specified in Section 35
of this Act.
"Licensee" means a person or business organization
licensed in accordance with this Act.
"Person" means a natural person or any company,
corporation, or other business entity.
"Petroleum equipment contractor" or "contractor" means a
person, company, or corporation that installs, repairs, or
removes underground storage tanks.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/25)

HB1692 - 2 - LRB097 10378 CEL 50593 b
(Section scheduled to be repealed on January 1, 2012)
Sec. 25. Rules; report. The State Fire Marshal shall
promulgate rules consistent with the provisions of this Act for
the administration and enforcement of this Act and may
prescribe forms that shall be issued in connection with the
rules promulgated under this Act. The rules shall include
standards and criteria for licensure registration,
professional conduct, and discipline.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/30)
(Section scheduled to be repealed on January 1, 2012)
Sec. 30. Investigators. The State Fire Marshal may employ,
in conformity with the Personnel Code, the professional,
technical, investigative, or clerical help that may be
necessary for the enforcement of this Act. Each investigator
shall have a minimum of 2 years investigative experience out of
the preceding 5 years.
An investigator may not hold an active license issued
pursuant to this Act or have any fiduciary interest in any
business licensed under this Act. This prohibition does not
prohibit the investigator from holding stock in a publicly
traded business licensed or regulated under this Act, provided
that the investigator does not hold more than 5% of a publicly
traded corporation the stock of the business.
(Source: P.A. 92-618, eff. 7-11-02.)

HB1692 - 3 - LRB097 10378 CEL 50593 b
(225 ILCS 729/35)
(Section scheduled to be repealed on January 1, 2012)
Sec. 35. Licensure qualifications and fees.
(a) Applicants for a license must submit to the Office all
of the following:
(1) fees as established by the Office;
(2) evidence of registration as an Illinois
corporation or other business entity and, when applicable,
evidence of compliance with the Assumed Business Name Act;
(3) evidence of financial responsibility in a minimum
amount of $1,000,000 through liability insurance,
self-insurance, group insurance, group self-insurance, or
risk retention groups that must include completed
operations and environmental impairment; and
(4) evidence of compliance with the qualifications and
standards established by the Office.
(b) The contractor must possess a license from the Office
to perform the following types of activity:
(1) installation of underground storage tanks;
(2) repair of USTs, which shall include retrofitting
and installation of cathodic protection systems;
(3) decommissioning of USTs including abandonment in
place;
(4) relining of USTs;
(5) tank and piping tightness testing;

HB1692 - 4 - LRB097 10378 CEL 50593 b
(6) testing of cathodic protection systems; and
(7) any other category established by the Office of the
State Fire Marshal.
(c) (Blank). The Office of the Fire Marshal shall adopt
rules outlining the minimum amount of training required for
personnel engaged in Underground Storage Tank activity
regulated under this Act.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/40)
(Section scheduled to be repealed on January 1, 2012)
Sec. 40. Application. Each application for a license to
practice under this Act shall be electronically submitted or in
writing and signed by the applicant on forms provided by the
Office of the State Fire Marshal.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/45)
(Section scheduled to be repealed on January 1, 2012)
Sec. 45. Issuance of license; renewal.
(a) The State Fire Marshal shall, upon the applicant's
satisfactory completion of the requirements authorized under
this Act, and upon receipt of the requisite fees, issue the
appropriate license and wallet card showing the name and
business location of the licensee, and the dates of issuance
and expiration, and shall contain a photograph of the licensee

HB1692 - 5 - LRB097 10378 CEL 50593 b
provided to the State Fire Marshal.
(b) Each licensee may apply for renewal of his or her
license upon payment of the requisite fee. The expiration date
and renewal period for each license issued under this Act shall
be set by rule. Failure to renew by the expiration date within
60 days of the date shall cause the license to lapse. A lapsed
license may not be reinstated until a written application is
filed, the renewal fee is paid, and a $50 reinstatement fee is
paid. The renewal and reinstatement fees shall be waived for
persons who did not renew while on active duty in the military
and who file for renewal or restoration within one year after
discharge from the active duty service.
(c) All fees paid pursuant to this Act are non-refundable.
This shall not preclude the State Fire Marshal from refunding
accidental overpayment of fees.
(Source: P.A. 92-618, eff. 7-11-02.)
(225 ILCS 729/60)
(Section scheduled to be repealed on January 1, 2012)
Sec. 60. License renewal; display of license; inspection.
(a) As a condition of renewal of a license, the State Fire
Marshal may require the licensee to report information
pertaining to his or her practice that the State Fire Marshal
determines to be in the interest of public safety.
(b) A licensee shall report a change in home or office
address within 10 days.

HB1692 - 6 - LRB097 10378 CEL 50593 b
(c) Each licensee shall prominently display his or her
license to practice at each place from which the practice is
being performed. If more than one location is used, branch
office certificates shall be issued upon payment of the fees to
be established by the State Fire Marshal. Each employee shall
carry on his or her person a wallet card issued by the State
Fire Marshal.
(d) If a license or certificate is lost, a duplicate shall
be issued upon payment of the required fee to be established by
the State Fire Marshal. If a licensee wishes to change his or
her name, the State Fire Marshal shall issue a license in the
new name upon payment of the required fee and upon receipt of
satisfactory proof that the change was done in accordance with
law.
(e) Each licensee shall permit his or her facilities to be
inspected by representatives of the Office of the State Fire
Marshal.
(Source: P.A. 92-618, eff. 7-11-02.)
Section 90. The Regulatory Sunset Act is amended by
changing Section 4.22 and by adding Section 4.32 as follows:
(5 ILCS 80/4.22)
Sec. 4.22. Acts repealed on January 1, 2012. The following
Acts are repealed on January 1, 2012:
The Detection of Deception Examiners Act.

HB1692 - 7 - LRB097 10378 CEL 50593 b
The Home Inspector License Act.
The Interior Design Title Act.
The Massage Licensing Act.
The Petroleum Equipment Contractors Licensing Act.
The Professional Boxing Act.
The Real Estate Appraiser Licensing Act of 2002.
The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 95-331, eff. 8-21-07.)
(5 ILCS 80/4.32 new)
Sec. 4.32. Act repealed on January 1, 2022. The following
Act is repealed on January 1, 2022:
The Petroleum Equipment Contractors Licensing Act.
Section 99. Effective date. This Act takes effect upon
becoming law.