Bill Text: IL HB3735 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Plumbing License Law. Authorizes a municipality with a population of 500,000 or more to provide for the registration of plumbing contractors by local ordinance. Allows plumbing contractors registered either (i) by the municipality under such an ordinance or (ii) by the Department under the Act to engage in the business of plumbing contractor anywhere in this State. Requires the municipality to maintain a current record of registered plumbing contractors. Preempts home rule with regard to the registration of plumbing contractors. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3735 Detail]

Download: Illinois-2009-HB3735-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3735 Introduced 2/25/2009, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED:
225 ILCS 320/13.1
225 ILCS 320/16.2 new
225 ILCS 320/42
Amends the Illinois Plumbing License Law. Authorizes a municipality with a population of 500,000 or more to provide for the registration of plumbing contractors by local ordinance. Allows plumbing contractors registered either (i) by the municipality under such an ordinance or (ii) by the Department under the Act to engage in the business of plumbing contractor anywhere in this State. Requires the municipality to maintain a current record of registered plumbing contractors. Preempts home rule with regard to the registration of plumbing contractors. Effective immediately.
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FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Plumbing License Law is amended by
changing Sections 13.1 and 42 and by adding Section 16.2 as
follows:
(225 ILCS 320/13.1)
Sec. 13.1. Plumbing contractors; registration;
applications.
(1) All On and after May 1, 2002, all persons or
corporations desiring to engage in the business of plumbing
contractor, other than any entity that maintains an audited net
worth of shareholders' equity equal to or exceeding
$100,000,000, shall register in accordance with either the
provisions of this Section or an ordinance authorized under
Section 16.2 Act.
(2) Application for registration shall be filed with the
Department each year, on or before the last day of September,
in writing and on forms prepared and furnished by the
Department. All plumbing contractor registrations expire on
the last day of September of each year.
(3) Applications shall contain the name, address, and
telephone number of the person and the plumbing license of (i)

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the individual, if a sole proprietorship; (ii) the partner, if
a partnership; or (iii) an officer, if a corporation. The
application shall contain the business name, address, and
telephone number, a current copy of the plumbing license, and
any other information the Department may require by rule.
(4) Applicants shall submit an original certificate of
insurance documenting that the contractor carries general
liability insurance with a minimum of $100,000 per occurrence,
a minimum of $300,000 aggregate for bodily injury, property
damage insurance with a minimum of $50,000 or a minimum of
$300,000 combined single limit, and workers compensation
insurance with a minimum $500,000 employer's liability. No
registration may be issued in the absence of this certificate.
Certificates must be in force at all times for registration to
remain valid.
(5) Applicants shall submit, on a form provided by the
Department, an indemnification bond in the amount of $20,000 or
a letter of credit in the same amount for work performed in
accordance with this Act and the rules promulgated under this
Act.
(6) All employees of a registered plumbing contractor who
engage in plumbing work shall be licensed plumbers or
apprentice plumbers in accordance with this Act.
(7) Plumbing contractors shall submit an annual
registration fee in an amount to be established by rule.
(8) The Department shall be notified in advance of any

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changes in the business structure, name, or location or of the
addition or deletion of the owner or officer who is the
licensed plumber listed on the application. Failure to notify
the Department of this information is grounds for suspension or
revocation of the plumbing contractor's registration.
(9) In the event that the plumber's license on the
application for registration of a plumbing contractor is a
license issued by the City of Chicago, it shall be the
responsibility of the applicant to forward a copy of the
plumber's license to the Department, noting the name of the
registered plumbing contractor, when it is renewed.
(10) The Department shall maintain a current record of
plumbing contractors registered under this Section. The
Department shall provide a copy of the record to any
municipality that enacts an ordinance under Section 16.2, and
shall advise the municipality of changes in the record at least
once every 6 months.
(Source: P.A. 94-55, eff. 6-17-05; 94-258, eff. 7-19-05;
95-331, eff. 8-21-07.)
(225 ILCS 320/16.2 new)
Sec. 16.2. Local ordinances; plumbing contractors.
(a) Any municipality having a population of 500,000 or
more, by an ordinance containing provisions substantially the
same as those in this Act with respect to the registration of
plumbing contractors, may provide for the registration of

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plumbing contractors within that municipality. Upon the
effective date of the ordinance, the provisions of this Act
relating to the registration of plumbing contractors shall not
apply within that municipality except as otherwise provided in
this Act.
(b) Any person registered as a plumbing contractor either
(i) by the municipality under such an ordinance or (ii) by the
Department under Section 13.1 may engage in the business of
plumbing contractor anywhere in this State.
(c) A municipality enacting an ordinance under this Section
shall maintain a current record of registered plumbing
contractors similar to that required of the Department under
Section 13.1, and shall provide the Department with a copy of
the record. The Department shall be advised of changes in the
record at least once every 6 months.
(225 ILCS 320/42)
Sec. 42. Home rule. Pursuant to paragraph (h) of Section 6
of Article VII of the Illinois Constitution of 1970 the power
to regulate the licensing of plumbers, to promulgate the
promulgation of a minimum plumbing code of standards, and the
power to regulate the registration of irrigation contractors
and plumbing contractors shall, except as may otherwise be
provided within and pursuant to the provisions of Section 16,
and Section 16.1, and Section 16.2 of this Act, be exercised by
the State and may not be exercised by any unit of local

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government, including home rule units.
(Source: P.A. 91-678, eff. 1-26-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.