Illinois 2023-2024 Regular Session

Illinois House Bill HB2145 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0026
2	1		HB2145 EnrolledLRB103 28765 AMQ 55148 b HB2145 Enrolled LRB103 28765 AMQ 55148 b
3	2		HB2145 Enrolled LRB103 28765 AMQ 55148 b
4		-	AN ACT concerning State government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Department of Professional Regulation Law
8		-	of the Civil Administrative Code of Illinois is amended by
9		-	changing Sections 2105-15 and 2105-207 as follows:
10		-	(20 ILCS 2105/2105-15)
11		-	Sec. 2105-15. General powers and duties.
12		-	(a) The Department has, subject to the provisions of the
13		-	Civil Administrative Code of Illinois, the following powers
14		-	and duties:
15		-	(1) To authorize examinations in English to ascertain
16		-	the qualifications and fitness of applicants to exercise
17		-	the profession, trade, or occupation for which the
18		-	examination is held.
19		-	(2) To prescribe rules and regulations for a fair and
20		-	wholly impartial method of examination of candidates to
21		-	exercise the respective professions, trades, or
22		-	occupations.
23		-	(3) To pass upon the qualifications of applicants for
24		-	licenses, certificates, and authorities, whether by
25		-	examination, by reciprocity, or by endorsement.
26		-	(4) To prescribe rules and regulations defining, for
	3	+	1 AN ACT concerning State government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Department of Professional Regulation Law
	7	+	5 of the Civil Administrative Code of Illinois is amended by
	8	+	6 changing Sections 2105-15 and 2105-207 as follows:
	9	+	7 (20 ILCS 2105/2105-15)
	10	+	8 Sec. 2105-15. General powers and duties.
	11	+	9 (a) The Department has, subject to the provisions of the
	12	+	10 Civil Administrative Code of Illinois, the following powers
	13	+	11 and duties:
	14	+	12 (1) To authorize examinations in English to ascertain
	15	+	13 the qualifications and fitness of applicants to exercise
	16	+	14 the profession, trade, or occupation for which the
	17	+	15 examination is held.
	18	+	16 (2) To prescribe rules and regulations for a fair and
	19	+	17 wholly impartial method of examination of candidates to
	20	+	18 exercise the respective professions, trades, or
	21	+	19 occupations.
	22	+	20 (3) To pass upon the qualifications of applicants for
	23	+	21 licenses, certificates, and authorities, whether by
	24	+	22 examination, by reciprocity, or by endorsement.
	25	+	23 (4) To prescribe rules and regulations defining, for
27	26
28	27
29	28
30	29		HB2145 Enrolled LRB103 28765 AMQ 55148 b
31	30
32	31
33		-	the respective professions, trades, and occupations, what
34		-	shall constitute a school, college, or university, or
35		-	department of a university, or other institution,
36		-	reputable and in good standing, and to determine the
37		-	reputability and good standing of a school, college, or
38		-	university, or department of a university, or other
39		-	institution, reputable and in good standing, by reference
40		-	to a compliance with those rules and regulations;
41		-	provided, that no school, college, or university, or
42		-	department of a university, or other institution that
43		-	refuses admittance to applicants solely on account of
44		-	race, color, creed, sex, sexual orientation, or national
45		-	origin shall be considered reputable and in good standing.
46		-	(5) To conduct hearings on proceedings to revoke,
47		-	suspend, refuse to renew, place on probationary status, or
48		-	take other disciplinary action as authorized in any
49		-	licensing Act administered by the Department with regard
50		-	to licenses, certificates, or authorities of persons
51		-	exercising the respective professions, trades, or
52		-	occupations and to revoke, suspend, refuse to renew, place
53		-	on probationary status, or take other disciplinary action
54		-	as authorized in any licensing Act administered by the
55		-	Department with regard to those licenses, certificates, or
56		-	authorities.
57		-	The Department shall issue a monthly disciplinary
58		-	report.
	32	+	HB2145 Enrolled- 2 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 2 - LRB103 28765 AMQ 55148 b
	33	+	HB2145 Enrolled - 2 - LRB103 28765 AMQ 55148 b
	34	+	1 the respective professions, trades, and occupations, what
	35	+	2 shall constitute a school, college, or university, or
	36	+	3 department of a university, or other institution,
	37	+	4 reputable and in good standing, and to determine the
	38	+	5 reputability and good standing of a school, college, or
	39	+	6 university, or department of a university, or other
	40	+	7 institution, reputable and in good standing, by reference
	41	+	8 to a compliance with those rules and regulations;
	42	+	9 provided, that no school, college, or university, or
	43	+	10 department of a university, or other institution that
	44	+	11 refuses admittance to applicants solely on account of
	45	+	12 race, color, creed, sex, sexual orientation, or national
	46	+	13 origin shall be considered reputable and in good standing.
	47	+	14 (5) To conduct hearings on proceedings to revoke,
	48	+	15 suspend, refuse to renew, place on probationary status, or
	49	+	16 take other disciplinary action as authorized in any
	50	+	17 licensing Act administered by the Department with regard
	51	+	18 to licenses, certificates, or authorities of persons
	52	+	19 exercising the respective professions, trades, or
	53	+	20 occupations and to revoke, suspend, refuse to renew, place
	54	+	21 on probationary status, or take other disciplinary action
	55	+	22 as authorized in any licensing Act administered by the
	56	+	23 Department with regard to those licenses, certificates, or
	57	+	24 authorities.
	58	+	25 The Department shall issue a monthly disciplinary
	59	+	26 report.
59	60
60	61
61		-	The Department shall refuse to issue or renew a
62		-	license to, or shall suspend or revoke a license of, any
63		-	person who, after receiving notice, fails to comply with a
64		-	subpoena or warrant relating to a paternity or child
65		-	support proceeding. However, the Department may issue a
66		-	license or renewal upon compliance with the subpoena or
67		-	warrant.
68		-	The Department, without further process or hearings,
69		-	shall revoke, suspend, or deny any license or renewal
70		-	authorized by the Civil Administrative Code of Illinois to
71		-	a person who is certified by the Department of Healthcare
72		-	and Family Services (formerly Illinois Department of
73		-	Public Aid) as being more than 30 days delinquent in
74		-	complying with a child support order or who is certified
75		-	by a court as being in violation of the Non-Support
76		-	Punishment Act for more than 60 days. The Department may,
77		-	however, issue a license or renewal if the person has
78		-	established a satisfactory repayment record as determined
79		-	by the Department of Healthcare and Family Services
80		-	(formerly Illinois Department of Public Aid) or if the
81		-	person is determined by the court to be in compliance with
82		-	the Non-Support Punishment Act. The Department may
83		-	implement this paragraph as added by Public Act 89-6
84		-	through the use of emergency rules in accordance with
85		-	Section 5-45 of the Illinois Administrative Procedure Act.
86		-	For purposes of the Illinois Administrative Procedure Act,
87	62
88	63
89		-	the adoption of rules to implement this paragraph shall be
90		-	considered an emergency and necessary for the public
91		-	interest, safety, and welfare.
92		-	(6) To transfer jurisdiction of any realty under the
93		-	control of the Department to any other department of the
94		-	State Government or to acquire or accept federal lands
95		-	when the transfer, acquisition, or acceptance is
96		-	advantageous to the State and is approved in writing by
97		-	the Governor.
98		-	(7) To formulate rules and regulations necessary for
99		-	the enforcement of any Act administered by the Department.
100		-	(8) To exchange with the Department of Healthcare and
101		-	Family Services information that may be necessary for the
102		-	enforcement of child support orders entered pursuant to
103		-	the Illinois Public Aid Code, the Illinois Marriage and
104		-	Dissolution of Marriage Act, the Non-Support of Spouse and
105		-	Children Act, the Non-Support Punishment Act, the Revised
106		-	Uniform Reciprocal Enforcement of Support Act, the Uniform
107		-	Interstate Family Support Act, the Illinois Parentage Act
108		-	of 1984, or the Illinois Parentage Act of 2015.
109		-	Notwithstanding any provisions in this Code to the
110		-	contrary, the Department of Professional Regulation shall
111		-	not be liable under any federal or State law to any person
112		-	for any disclosure of information to the Department of
113		-	Healthcare and Family Services (formerly Illinois
114		-	Department of Public Aid) under this paragraph (8) or for
	64	+
	65	+	HB2145 Enrolled - 2 - LRB103 28765 AMQ 55148 b
115	66
116	67
117		-	any other action taken in good faith to comply with the
118		-	requirements of this paragraph (8).
119		-	(8.3) To exchange information with the Department of
120		-	Human Rights regarding recommendations received under
121		-	paragraph (B) of Section 8-109 of the Illinois Human
122		-	Rights Act regarding a licensee or candidate for licensure
123		-	who has committed a civil rights violation that may lead
124		-	to the refusal, suspension, or revocation of a license
125		-	from the Department.
126		-	(8.5) To accept continuing education credit for
127		-	mandated reporter training on how to recognize and report
128		-	child abuse offered by the Department of Children and
129		-	Family Services and completed by any person who holds a
130		-	professional license issued by the Department and who is a
131		-	mandated reporter under the Abused and Neglected Child
132		-	Reporting Act. The Department shall adopt any rules
133		-	necessary to implement this paragraph.
134		-	(9) To perform other duties prescribed by law.
135		-	(a-5) Except in cases involving delinquency in complying
136		-	with a child support order or violation of the Non-Support
137		-	Punishment Act and notwithstanding anything that may appear in
138		-	any individual licensing Act or administrative rule, no person
139		-	or entity whose license, certificate, or authority has been
140		-	revoked as authorized in any licensing Act administered by the
141		-	Department may apply for restoration of that license,
142		-	certification, or authority until 3 years after the effective
	68	+	HB2145 Enrolled- 3 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 3 - LRB103 28765 AMQ 55148 b
	69	+	HB2145 Enrolled - 3 - LRB103 28765 AMQ 55148 b
	70	+	1 The Department shall refuse to issue or renew a
	71	+	2 license to, or shall suspend or revoke a license of, any
	72	+	3 person who, after receiving notice, fails to comply with a
	73	+	4 subpoena or warrant relating to a paternity or child
	74	+	5 support proceeding. However, the Department may issue a
	75	+	6 license or renewal upon compliance with the subpoena or
	76	+	7 warrant.
	77	+	8 The Department, without further process or hearings,
	78	+	9 shall revoke, suspend, or deny any license or renewal
	79	+	10 authorized by the Civil Administrative Code of Illinois to
	80	+	11 a person who is certified by the Department of Healthcare
	81	+	12 and Family Services (formerly Illinois Department of
	82	+	13 Public Aid) as being more than 30 days delinquent in
	83	+	14 complying with a child support order or who is certified
	84	+	15 by a court as being in violation of the Non-Support
	85	+	16 Punishment Act for more than 60 days. The Department may,
	86	+	17 however, issue a license or renewal if the person has
	87	+	18 established a satisfactory repayment record as determined
	88	+	19 by the Department of Healthcare and Family Services
	89	+	20 (formerly Illinois Department of Public Aid) or if the
	90	+	21 person is determined by the court to be in compliance with
	91	+	22 the Non-Support Punishment Act. The Department may
	92	+	23 implement this paragraph as added by Public Act 89-6
	93	+	24 through the use of emergency rules in accordance with
	94	+	25 Section 5-45 of the Illinois Administrative Procedure Act.
	95	+	26 For purposes of the Illinois Administrative Procedure Act,
143	96
144	97
145		-	date of the revocation.
146		-	(b) (Blank).
147		-	(c) For the purpose of securing and preparing evidence,
148		-	and for the purchase of controlled substances, professional
149		-	services, and equipment necessary for enforcement activities,
150		-	recoupment of investigative costs, and other activities
151		-	directed at suppressing the misuse and abuse of controlled
152		-	substances, including those activities set forth in Sections
153		-	504 and 508 of the Illinois Controlled Substances Act, the
154		-	Director and agents appointed and authorized by the Director
155		-	may expend sums from the Professional Regulation Evidence Fund
156		-	that the Director deems necessary from the amounts
157		-	appropriated for that purpose. Those sums may be advanced to
158		-	the agent when the Director deems that procedure to be in the
159		-	public interest. Sums for the purchase of controlled
160		-	substances, professional services, and equipment necessary for
161		-	enforcement activities and other activities as set forth in
162		-	this Section shall be advanced to the agent who is to make the
163		-	purchase from the Professional Regulation Evidence Fund on
164		-	vouchers signed by the Director. The Director and those agents
165		-	are authorized to maintain one or more commercial checking
166		-	accounts with any State banking corporation or corporations
167		-	organized under or subject to the Illinois Banking Act for the
168		-	deposit and withdrawal of moneys to be used for the purposes
169		-	set forth in this Section; provided, that no check may be
170		-	written nor any withdrawal made from any such account except
171	98
172	99
173		-	upon the written signatures of 2 persons designated by the
174		-	Director to write those checks and make those withdrawals.
175		-	Vouchers for those expenditures must be signed by the
176		-	Director. All such expenditures shall be audited by the
177		-	Director, and the audit shall be submitted to the Department
178		-	of Central Management Services for approval.
179		-	(d) Whenever the Department is authorized or required by
180		-	law to consider some aspect of criminal history record
181		-	information for the purpose of carrying out its statutory
182		-	powers and responsibilities, then, upon request and payment of
183		-	fees in conformance with the requirements of Section 2605-400
184		-	of the Illinois State Police Law, the Illinois State Police is
185		-	authorized to furnish, pursuant to positive identification,
186		-	the information contained in State files that is necessary to
187		-	fulfill the request.
188		-	(e) The provisions of this Section do not apply to private
189		-	business and vocational schools as defined by Section 15 of
190		-	the Private Business and Vocational Schools Act of 2012.
191		-	(f) (Blank).
192		-	(f-5) Notwithstanding anything that may appear in any
193		-	individual licensing statute or administrative rule, the
194		-	Department shall allow an applicant to provide his or her
195		-	individual taxpayer identification number as an alternative to
196		-	providing a social security number when applying for a
197		-	license.
198		-	(g) Notwithstanding anything that may appear in any
	100	+
	101	+	HB2145 Enrolled - 3 - LRB103 28765 AMQ 55148 b
199	102
200	103
201		-	individual licensing statute or administrative rule, the
202		-	Department shall deny any license application or renewal
203		-	authorized under any licensing Act administered by the
204		-	Department to any person who has failed to file a return, or to
205		-	pay the tax, penalty, or interest shown in a filed return, or
206		-	to pay any final assessment of tax, penalty, or interest, as
207		-	required by any tax Act administered by the Illinois
208		-	Department of Revenue, until such time as the requirement of
209		-	any such tax Act are satisfied; however, the Department may
210		-	issue a license or renewal if the person has established a
211		-	satisfactory repayment record as determined by the Illinois
212		-	Department of Revenue. For the purpose of this Section,
213		-	"satisfactory repayment record" shall be defined by rule.
214		-	In addition, a complaint filed with the Department by the
215		-	Illinois Department of Revenue that includes a certification,
216		-	signed by its Director or designee, attesting to the amount of
217		-	the unpaid tax liability or the years for which a return was
218		-	not filed, or both, is prima facie evidence of the licensee's
219		-	failure to comply with the tax laws administered by the
220		-	Illinois Department of Revenue. Upon receipt of that
221		-	certification, the Department shall, without a hearing,
222		-	immediately suspend all licenses held by the licensee.
223		-	Enforcement of the Department's order shall be stayed for 60
224		-	days. The Department shall provide notice of the suspension to
225		-	the licensee by mailing a copy of the Department's order to the
226		-	licensee's address of record or emailing a copy of the order to
	104	+	HB2145 Enrolled- 4 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 4 - LRB103 28765 AMQ 55148 b
	105	+	HB2145 Enrolled - 4 - LRB103 28765 AMQ 55148 b
	106	+	1 the adoption of rules to implement this paragraph shall be
	107	+	2 considered an emergency and necessary for the public
	108	+	3 interest, safety, and welfare.
	109	+	4 (6) To transfer jurisdiction of any realty under the
	110	+	5 control of the Department to any other department of the
	111	+	6 State Government or to acquire or accept federal lands
	112	+	7 when the transfer, acquisition, or acceptance is
	113	+	8 advantageous to the State and is approved in writing by
	114	+	9 the Governor.
	115	+	10 (7) To formulate rules and regulations necessary for
	116	+	11 the enforcement of any Act administered by the Department.
	117	+	12 (8) To exchange with the Department of Healthcare and
	118	+	13 Family Services information that may be necessary for the
	119	+	14 enforcement of child support orders entered pursuant to
	120	+	15 the Illinois Public Aid Code, the Illinois Marriage and
	121	+	16 Dissolution of Marriage Act, the Non-Support of Spouse and
	122	+	17 Children Act, the Non-Support Punishment Act, the Revised
	123	+	18 Uniform Reciprocal Enforcement of Support Act, the Uniform
	124	+	19 Interstate Family Support Act, the Illinois Parentage Act
	125	+	20 of 1984, or the Illinois Parentage Act of 2015.
	126	+	21 Notwithstanding any provisions in this Code to the
	127	+	22 contrary, the Department of Professional Regulation shall
	128	+	23 not be liable under any federal or State law to any person
	129	+	24 for any disclosure of information to the Department of
	130	+	25 Healthcare and Family Services (formerly Illinois
	131	+	26 Department of Public Aid) under this paragraph (8) or for
227	132
228	133
229		-	the licensee's email address of record. The notice shall
230		-	advise the licensee that the suspension shall be effective 60
231		-	days after the issuance of the Department's order unless the
232		-	Department receives, from the licensee, a request for a
233		-	hearing before the Department to dispute the matters contained
234		-	in the order.
235		-	Any suspension imposed under this subsection (g) shall be
236		-	terminated by the Department upon notification from the
237		-	Illinois Department of Revenue that the licensee is in
238		-	compliance with all tax laws administered by the Illinois
239		-	Department of Revenue.
240		-	The Department may promulgate rules for the administration
241		-	of this subsection (g).
242		-	(g-5) Notwithstanding anything that may appear in any
243		-	individual licensing statute or administrative rule, the
244		-	Department shall refuse the issuance or renewal of a license
245		-	to, or suspend or revoke the license of, any individual,
246		-	corporation, partnership, or other business entity that has
247		-	been found by the Illinois Workers' Compensation Commission or
248		-	the Department of Insurance to have failed to (i) secure
249		-	workers' compensation obligations in the manner required by
250		-	subsections (a) and (b) of Section 4 of the Workers'
251		-	Compensation Act, (ii) pay in full a fine or penalty imposed
252		-	due to a failure to secure workers' compensation obligations
253		-	in the manner required by subsections (a) and (b) of Section 4
254		-	of the Workers' Compensation Act, or (iii) fulfill all
255	134
256	135
257		-	obligations assumed pursuant to a settlement reached with the
258		-	Illinois Workers' Compensation Commission or the Department of
259		-	Insurance relating to a failure to secure workers'
260		-	compensation obligations in the manner required by subsections
261		-	(a) and (b) of Section 4 of the Workers' Compensation Act. No
262		-	initial or renewal license shall be issued, and no suspended
263		-	license shall be reinstated, until such time that the
264		-	Department is notified by the Illinois Workers' Compensation
265		-	Commission or the Department of Insurance that the licensee's
266		-	or applicant's failure to comply with subsections (a) and (b)
267		-	of Section 4 of the Workers' Compensation Act has been
268		-	corrected or otherwise resolved to satisfaction of the
269		-	Illinois Workers' Compensation Commission or the Department of
270		-	Insurance.
271		-	In addition, a complaint filed with the Department by the
272		-	Illinois Workers' Compensation Commission or the Department of
273		-	Insurance that includes a certification, signed by its
274		-	Director or Chairman, or the Director or Chairman's designee,
275		-	attesting to a finding of the failure to secure workers'
276		-	compensation obligations in the manner required by subsections
277		-	(a) and (b) of Section 4 of the Workers' Compensation Act or
278		-	the failure to pay any fines or penalties or to discharge any
279		-	obligation under a settlement relating to the failure to
280		-	secure workers' compensation obligations in the manner
281		-	required by subsections (a) and (b) of Section 4 of the
282		-	Workers' Compensation Act is prima facie evidence of the
	136	+
	137	+	HB2145 Enrolled - 4 - LRB103 28765 AMQ 55148 b
283	138
284	139
285		-	licensee's or applicant's failure to comply with subsections
286		-	(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
287		-	receipt of that certification, the Department shall, without a
288		-	hearing, immediately suspend all licenses held by the licensee
289		-	or the processing of any application from the applicant.
290		-	Enforcement of the Department's order shall be stayed for 60
291		-	days. The Department shall provide notice of the suspension to
292		-	the licensee by mailing a copy of the Department's order to the
293		-	licensee's address of record or emailing a copy of the order to
294		-	the licensee's email address of record. The notice shall
295		-	advise the licensee that the suspension shall be effective 60
296		-	days after the issuance of the Department's order unless the
297		-	Department receives from the licensee or applicant a request
298		-	for a hearing before the Department to dispute the matters
299		-	contained in the order.
300		-	Any suspension imposed under this subsection shall be
301		-	terminated by the Department upon notification from the
302		-	Illinois Workers' Compensation Commission or the Department of
303		-	Insurance that the licensee's or applicant's failure to comply
304		-	with subsections (a) and (b) of Section 4 of the Workers'
305		-	Compensation Act has been corrected or otherwise resolved to
306		-	the satisfaction of the Illinois Workers' Compensation
307		-	Commissions or the Department of Insurance.
308		-	No license shall be suspended or revoked until after the
309		-	licensee is afforded any due process protection guaranteed by
310		-	statute or rule adopted by the Workers' Compensation
	140	+	HB2145 Enrolled- 5 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 5 - LRB103 28765 AMQ 55148 b
	141	+	HB2145 Enrolled - 5 - LRB103 28765 AMQ 55148 b
	142	+	1 any other action taken in good faith to comply with the
	143	+	2 requirements of this paragraph (8).
	144	+	3 (8.3) To exchange information with the Department of
	145	+	4 Human Rights regarding recommendations received under
	146	+	5 paragraph (B) of Section 8-109 of the Illinois Human
	147	+	6 Rights Act regarding a licensee or candidate for licensure
	148	+	7 who has committed a civil rights violation that may lead
	149	+	8 to the refusal, suspension, or revocation of a license
	150	+	9 from the Department.
	151	+	10 (8.5) To accept continuing education credit for
	152	+	11 mandated reporter training on how to recognize and report
	153	+	12 child abuse offered by the Department of Children and
	154	+	13 Family Services and completed by any person who holds a
	155	+	14 professional license issued by the Department and who is a
	156	+	15 mandated reporter under the Abused and Neglected Child
	157	+	16 Reporting Act. The Department shall adopt any rules
	158	+	17 necessary to implement this paragraph.
	159	+	18 (9) To perform other duties prescribed by law.
	160	+	19 (a-5) Except in cases involving delinquency in complying
	161	+	20 with a child support order or violation of the Non-Support
	162	+	21 Punishment Act and notwithstanding anything that may appear in
	163	+	22 any individual licensing Act or administrative rule, no person
	164	+	23 or entity whose license, certificate, or authority has been
	165	+	24 revoked as authorized in any licensing Act administered by the
	166	+	25 Department may apply for restoration of that license,
	167	+	26 certification, or authority until 3 years after the effective
311	168
312	169
313		-	Commission or the Department of Insurance.
314		-	The Department may adopt rules for the administration of
315		-	this subsection.
316		-	(h) The Department may grant the title "Retired", to be
317		-	used immediately adjacent to the title of a profession
318		-	regulated by the Department, to eligible retirees. For
319		-	individuals licensed under the Medical Practice Act of 1987,
320		-	the title "Retired" may be used in the profile required by the
321		-	Patients' Right to Know Act. The use of the title "Retired"
322		-	shall not constitute representation of current licensure,
323		-	registration, or certification. Any person without an active
324		-	license, registration, or certificate in a profession that
325		-	requires licensure, registration, or certification shall not
326		-	be permitted to practice that profession.
327		-	(i) The Department shall make available on its website
328		-	general information explaining how the Department utilizes
329		-	criminal history information in making licensure application
330		-	decisions, including a list of enumerated offenses that serve
331		-	as a statutory bar to licensure.
332		-	(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
333		-	102-538, eff. 8-20-21.)
334		-	(20 ILCS 2105/2105-207)
335		-	Sec. 2105-207. Records of Department actions.
336		-	(a) Any licensee subject to a licensing Act administered
337		-	by the Department Division of Professional Regulation and who
338	170
339	171
340		-	has been subject to disciplinary action by the Department may
341		-	file an application with the Department on forms provided by
342		-	the Department, along with the required fee of $175, to have
343		-	the records classified as confidential, not for public
344		-	release, and considered expunged for reporting purposes if:
345		-	(1) the application is submitted more than 3 years
346		-	after the disciplinary offense or offenses occurred or
347		-	after restoration of the license, whichever is later;
348		-	(2) the licensee has had no incidents of discipline
349		-	under the licensing Act since the disciplinary offense or
350		-	offenses identified in the application occurred;
351		-	(3) the Department has no pending investigations
352		-	against the licensee; and
353		-	(4) the licensee is not currently in a disciplinary
354		-	status.
355		-	(b) An application to make disciplinary records
356		-	confidential shall only be considered by the Department for an
357		-	offense or action relating to:
358		-	(1) failure to pay taxes;
359		-	(2) continuing education;
360		-	(3) failure to renew a license on time;
361		-	(4) failure to obtain or renew a certificate of
362		-	registration or ancillary license;
363		-	(5) advertising;
364		-	(5.1) discipline based on criminal charges or
365		-	convictions:
	172	+
	173	+	HB2145 Enrolled - 5 - LRB103 28765 AMQ 55148 b
366	174
367	175
368		-	(A) that did not arise from the licensed activity
369		-	and was unrelated to the licensed activity; or
370		-	(B) that were dismissed or for which records have
371		-	been sealed or expunged;
372		-	(5.2) past probationary status of a license issued to
373		-	new applicants on the sole or partial basis of prior
374		-	convictions; or
375		-	(6) any grounds for discipline removed from the
376		-	licensing Act; .
377		-	(7) failure to comply with workers' compensation
378		-	requirements; or
379		-	(8) reprimand of a licensee.
380		-	(c) An application shall be submitted to and considered by
381		-	the Director of the Division of Professional Regulation upon
382		-	submission of an application and the required non-refundable
383		-	fee. The Department may establish additional requirements by
384		-	rule. The Department is not required to report the removal of
385		-	any disciplinary record to any national database. Nothing in
386		-	this Section shall prohibit the Department from using a
387		-	previous discipline for any regulatory purpose or from
388		-	releasing records of a previous discipline upon request from
389		-	law enforcement, or other governmental body as permitted by
390		-	law. Classification of records as confidential shall result in
391		-	removal of records of discipline from records kept pursuant to
392		-	Sections 2105-200 and 2105-205 of this Act.
393		-	(d) Any applicant for licensure or a licensee whose
	176	+	HB2145 Enrolled- 6 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 6 - LRB103 28765 AMQ 55148 b
	177	+	HB2145 Enrolled - 6 - LRB103 28765 AMQ 55148 b
	178	+	1 date of the revocation.
	179	+	2 (b) (Blank).
	180	+	3 (c) For the purpose of securing and preparing evidence,
	181	+	4 and for the purchase of controlled substances, professional
	182	+	5 services, and equipment necessary for enforcement activities,
	183	+	6 recoupment of investigative costs, and other activities
	184	+	7 directed at suppressing the misuse and abuse of controlled
	185	+	8 substances, including those activities set forth in Sections
	186	+	9 504 and 508 of the Illinois Controlled Substances Act, the
	187	+	10 Director and agents appointed and authorized by the Director
	188	+	11 may expend sums from the Professional Regulation Evidence Fund
	189	+	12 that the Director deems necessary from the amounts
	190	+	13 appropriated for that purpose. Those sums may be advanced to
	191	+	14 the agent when the Director deems that procedure to be in the
	192	+	15 public interest. Sums for the purchase of controlled
	193	+	16 substances, professional services, and equipment necessary for
	194	+	17 enforcement activities and other activities as set forth in
	195	+	18 this Section shall be advanced to the agent who is to make the
	196	+	19 purchase from the Professional Regulation Evidence Fund on
	197	+	20 vouchers signed by the Director. The Director and those agents
	198	+	21 are authorized to maintain one or more commercial checking
	199	+	22 accounts with any State banking corporation or corporations
	200	+	23 organized under or subject to the Illinois Banking Act for the
	201	+	24 deposit and withdrawal of moneys to be used for the purposes
	202	+	25 set forth in this Section; provided, that no check may be
	203	+	26 written nor any withdrawal made from any such account except
394	204
395	205
396		-	petition for review is granted by the Department pursuant to
397		-	subsection (a-1) of Section 2105-165 of this Law may file an
398		-	application with the Department on forms provided by the
399		-	Department to have records relating to his or her permanent
400		-	denial or permanent revocation classified as confidential and
401		-	not for public release and considered expunged for reporting
402		-	purposes in the same manner and under the same terms as is
403		-	provided in this Section for the offenses listed in subsection
404		-	(b) of this Section, except that the requirements of a 3-year
405		-	7-year waiting period and the $175 $200 application fee do not
406		-	apply.
407		-	(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
408		-	100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)
409		-	Section 10. The Asbestos Abatement Act is amended by
410		-	changing Section 10a as follows:
411		-	(105 ILCS 105/10a) (from Ch. 122, par. 1410a)
412		-	Sec. 10a. Licensing. No inspector, management planner,
413		-	project designer, project manager, air sampling professional,
414		-	asbestos abatement contractor, worker or project supervisor
415		-	may be employed as a response action contractor unless that
416		-	individual or entity is licensed by the Department. Those
417		-	individuals and entities wishing to be licensed shall make
418		-	application on forms prescribed and furnished by the
419		-	Department. A license shall expire annually according to a
420	206
421	207
422		-	schedule determined by the Department. Applications for
423		-	renewal of licenses shall be filed with the Department at
424		-	least 30 days before the expiration date. When a licensure
425		-	examination is required, the application for licensure shall
426		-	be submitted to the Department at least 30 days prior to the
427		-	date of the scheduled examination. The Department shall
428		-	evaluate each application based on its minimum standards for
429		-	licensure, promulgated as rules, and render a decision. Such
430		-	standards may include a requirement for the successful
431		-	completion of a course of training approved by the Department.
432		-	If the Department denies the application, the applicant may
433		-	appeal such decision pursuant to the provisions of the
434		-	"Administrative Review Law".
435		-	The Department, upon notification by the Illinois Workers'
436		-	Compensation Commission or the Department of Insurance, shall
437		-	refuse the issuance or renewal of a license to, or suspend or
438		-	revoke the license of, any individual, corporation,
439		-	partnership, or other business entity that has been found by
440		-	the Illinois Workers' Compensation Commission or the
441		-	Department of Insurance to have failed:
442		-	(a) to secure workers' compensation obligations in the
443		-	manner required by subsections (a) and (b) of Section 4 of
444		-	the Workers' Compensation Act;
445		-	(b) to pay in full a fine or penalty imposed by the
446		-	Illinois Workers' Compensation Commission or the
447		-	Department of Insurance due to a failure to secure
	208	+
	209	+	HB2145 Enrolled - 6 - LRB103 28765 AMQ 55148 b
448	210
449	211
450		-	workers' compensation obligations in the manner required
451		-	by subsections (a) and (b) of Section 4 of the Workers'
452		-	Compensation Act; or
453		-	(c) to fulfill all obligations assumed pursuant to any
454		-	settlement reached with the Illinois Workers' Compensation
455		-	Commission or the Department of Insurance due to a failure
456		-	to secure workers' compensation obligations in the manner
457		-	required by subsections (a) and (b) of Section 4 of the
458		-	Workers' Compensation Act.
459		-	A complaint filed with the Department by the Illinois
460		-	Workers' Compensation Commission or the Department of
461		-	Insurance that includes a certification, signed by its
462		-	Director or Chairman, or the Director or Chairman's designee,
463		-	attesting to a finding of the failure to secure workers'
464		-	compensation obligations in the manner required by subsections
465		-	(a) and (b) of Section 4 of the Workers' Compensation Act or
466		-	the failure to pay any fines or penalties or to discharge any
467		-	obligation under a settlement relating to the failure to
468		-	secure workers' compensation obligations in the manner
469		-	required by subsections (a) and (b) of Section 4 of the
470		-	Workers' Compensation Act is prima facie evidence of the
471		-	licensee's or applicant's failure to comply with subsections
472		-	(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
473		-	receipt of that certification, the Department shall, without a
474		-	hearing, immediately suspend all licenses held by the licensee
475		-	or the processing of any application from the applicant.
	212	+	HB2145 Enrolled- 7 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 7 - LRB103 28765 AMQ 55148 b
	213	+	HB2145 Enrolled - 7 - LRB103 28765 AMQ 55148 b
	214	+	1 upon the written signatures of 2 persons designated by the
	215	+	2 Director to write those checks and make those withdrawals.
	216	+	3 Vouchers for those expenditures must be signed by the
	217	+	4 Director. All such expenditures shall be audited by the
	218	+	5 Director, and the audit shall be submitted to the Department
	219	+	6 of Central Management Services for approval.
	220	+	7 (d) Whenever the Department is authorized or required by
	221	+	8 law to consider some aspect of criminal history record
	222	+	9 information for the purpose of carrying out its statutory
	223	+	10 powers and responsibilities, then, upon request and payment of
	224	+	11 fees in conformance with the requirements of Section 2605-400
	225	+	12 of the Illinois State Police Law, the Illinois State Police is
	226	+	13 authorized to furnish, pursuant to positive identification,
	227	+	14 the information contained in State files that is necessary to
	228	+	15 fulfill the request.
	229	+	16 (e) The provisions of this Section do not apply to private
	230	+	17 business and vocational schools as defined by Section 15 of
	231	+	18 the Private Business and Vocational Schools Act of 2012.
	232	+	19 (f) (Blank).
	233	+	20 (f-5) Notwithstanding anything that may appear in any
	234	+	21 individual licensing statute or administrative rule, the
	235	+	22 Department shall allow an applicant to provide his or her
	236	+	23 individual taxpayer identification number as an alternative to
	237	+	24 providing a social security number when applying for a
	238	+	25 license.
	239	+	26 (g) Notwithstanding anything that may appear in any
476	240
477	241
478		-	Enforcement of the Department's order shall be stayed for 60
479		-	days. The Department shall provide notice of the suspension to
480		-	the licensee by mailing a copy of the Department's order to the
481		-	licensee's or applicant's address of record or emailing a copy
482		-	of the order to the licensee's or applicant's email address of
483		-	record. The notice shall advise the licensee or applicant that
484		-	the suspension shall be effective 60 days after the issuance
485		-	of the order unless the Department receives, from the licensee
486		-	or applicant, a request for a hearing before the Department to
487		-	dispute the matters contained in the order.
488		-	Upon receiving notice from the Illinois Workers'
489		-	Compensation Commission or the Department of Insurance that
490		-	the violation has been corrected or otherwise resolved, the
491		-	Department shall vacate the order suspending a licensee's
492		-	license or the processing of an applicant's application.
493		-	No license shall be suspended or revoked until after the
494		-	licensee is afforded any due process protection guaranteed by
495		-	statute or rule adopted by the Workers' Compensation
496		-	Commission or the Department of Insurance.
497		-	(Source: P.A. 86-416.)
498		-	Section 15. The Lead Poisoning Prevention Act is amended
499		-	by changing Section 8.1 as follows:
500		-	(410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
501		-	Sec. 8.1. Licensing of lead inspectors and lead risk
502	242
503	243
504		-	assessors.
505		-	(a) The Department shall establish standards and licensing
506		-	procedures for lead inspectors and lead risk assessors. An
507		-	integral element of these procedures shall be an education and
508		-	training program prescribed by the Department which shall
509		-	include but not be limited to scientific sampling, chemistry,
510		-	and construction techniques. No person shall make inspections
511		-	or risk assessments without first being licensed by the
512		-	Department. The penalty for inspection or risk assessment
513		-	without a license shall be a Class A misdemeanor and an
514		-	administrative fine.
515		-	(b) The Department shall charge licensed lead inspectors
516		-	and lead risk assessors reasonable license fees and the fees
517		-	shall be placed in the Lead Poisoning Screening, Prevention,
518		-	and Abatement Fund and used to fund the Department's licensing
519		-	of lead inspectors and lead risk assessors and any other
520		-	activities prescribed by this Act. A licensed lead inspector
521		-	or lead risk assessor employed by the Department or its
522		-	delegate agency shall not be charged a license fee.
523		-	(c) The Department, upon notification by the Illinois
524		-	Workers' Compensation Commission or the Department of
525		-	Insurance, shall refuse the issuance or renewal of a license
526		-	to, or suspend or revoke the license of, any individual,
527		-	corporation, partnership, or other business entity that has
528		-	been found by the Illinois Workers' Compensation Commission or
529		-	the Department of Insurance to have failed:
	244	+
	245	+	HB2145 Enrolled - 7 - LRB103 28765 AMQ 55148 b
530	246
531	247
532		-	(1) to secure workers' compensation obligations in the
533		-	manner required by subsections (a) and (b) of Section 4 of
534		-	the Workers' Compensation Act;
535		-	(2) to pay in full a fine or penalty imposed by the
536		-	Illinois Workers' Compensation Commission or the
537		-	Department of Insurance due to a failure to secure
538		-	workers' compensation obligations in the manner required
539		-	by subsections (a) and (b) of Section 4 of the Workers'
540		-	Compensation Act; or
541		-	(3) to fulfill all obligations assumed pursuant to any
542		-	settlement reached with the Illinois Workers' Compensation
543		-	Commission or the Department of Insurance due to a failure
544		-	to secure workers' compensation obligations in the manner
545		-	required by subsections (a) and (b) of Section 4 of the
546		-	Workers' Compensation Act.
547		-	A complaint filed with the Department by the Illinois
548		-	Workers' Compensation Commission or the Department of
549		-	Insurance that includes a certification, signed by its
550		-	Director or Chairman or designee, attesting to a finding of
551		-	the failure to secure workers' compensation obligations in the
552		-	manner required by subsections (a) and (b) of Section 4 of the
553		-	Workers' Compensation Act or the failure to pay any fines or
554		-	penalties or to discharge any obligation under a settlement
555		-	relating to the failure to secure workers' compensation
556		-	obligations in the manner required by subsections (a) and (b)
557		-	of Section 4 of the Workers' Compensation Act is prima facie
	248	+	HB2145 Enrolled- 8 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 8 - LRB103 28765 AMQ 55148 b
	249	+	HB2145 Enrolled - 8 - LRB103 28765 AMQ 55148 b
	250	+	1 individual licensing statute or administrative rule, the
	251	+	2 Department shall deny any license application or renewal
	252	+	3 authorized under any licensing Act administered by the
	253	+	4 Department to any person who has failed to file a return, or to
	254	+	5 pay the tax, penalty, or interest shown in a filed return, or
	255	+	6 to pay any final assessment of tax, penalty, or interest, as
	256	+	7 required by any tax Act administered by the Illinois
	257	+	8 Department of Revenue, until such time as the requirement of
	258	+	9 any such tax Act are satisfied; however, the Department may
	259	+	10 issue a license or renewal if the person has established a
	260	+	11 satisfactory repayment record as determined by the Illinois
	261	+	12 Department of Revenue. For the purpose of this Section,
	262	+	13 "satisfactory repayment record" shall be defined by rule.
	263	+	14 In addition, a complaint filed with the Department by the
	264	+	15 Illinois Department of Revenue that includes a certification,
	265	+	16 signed by its Director or designee, attesting to the amount of
	266	+	17 the unpaid tax liability or the years for which a return was
	267	+	18 not filed, or both, is prima facie evidence of the licensee's
	268	+	19 failure to comply with the tax laws administered by the
	269	+	20 Illinois Department of Revenue. Upon receipt of that
	270	+	21 certification, the Department shall, without a hearing,
	271	+	22 immediately suspend all licenses held by the licensee.
	272	+	23 Enforcement of the Department's order shall be stayed for 60
	273	+	24 days. The Department shall provide notice of the suspension to
	274	+	25 the licensee by mailing a copy of the Department's order to the
	275	+	26 licensee's address of record or emailing a copy of the order to
558	276
559	277
560		-	evidence of the licensee's or applicant's failure to comply
561		-	with subsections (a) and (b) of Section 4 of the Workers'
562		-	Compensation Act. Upon receipt of that certification, the
563		-	Department shall, without a hearing, immediately suspend all
564		-	licenses held by the licensee or the processing of any
565		-	application from the applicant. Enforcement of the
566		-	Department's order shall be stayed for 60 days. The Department
567		-	shall provide notice of the suspension to the licensee by
568		-	mailing a copy of the Department's order to the licensee's or
569		-	applicant's address of record or emailing a copy of the order
570		-	to the licensee's or applicant's email address of record. The
571		-	notice shall advise the licensee or applicant that the
572		-	suspension shall be effective 60 days after the issuance of
573		-	the order unless the Department receives, from the licensee or
574		-	applicant, a request for a hearing before the Department to
575		-	dispute the matters contained in the order.
576		-	Upon receiving notice from the Illinois Workers'
577		-	Compensation Commission or the Department of Insurance that
578		-	the violation has been corrected or otherwise resolved, the
579		-	Department shall vacate the order suspending a licensee's
580		-	license or the processing of an applicant's application.
581		-	No license shall be suspended or revoked until after the
582		-	licensee is afforded any due process protection guaranteed by
583		-	statute or rule adopted by the Workers' Compensation
584		-	Commission or the Department of Insurance.
585		-	(Source: P.A. 98-690, eff. 1-1-15.)
586	278
587	279
588		-	Section 20. The Illinois Plumbing License Law is amended
589		-	by changing Section 13.1 as follows:
590		-	(225 ILCS 320/13.1)
591		-	Sec. 13.1. Plumbing contractors; registration;
592		-	applications.
593		-	(1) On and after May 1, 2002, all persons or corporations
594		-	desiring to engage in the business of plumbing contractor,
595		-	other than any entity that maintains an audited net worth of
596		-	shareholders' equity equal to or exceeding $100,000,000, shall
597		-	register in accordance with the provisions of this Act.
598		-	(2) Application for registration shall be filed with the
599		-	Department each year, on or before the last day of September,
600		-	in writing and on forms prepared and furnished by the
601		-	Department. All plumbing contractor registrations expire on
602		-	the last day of September of each year.
603		-	(3) Applications shall contain the name, address, and
604		-	telephone number of the person and the plumbing license of (i)
605		-	the individual, if a sole proprietorship; (ii) the partner, if
606		-	a partnership; or (iii) an officer, if a corporation. The
607		-	application shall contain the business name, address, and
608		-	telephone number, a current copy of the plumbing license, and
609		-	any other information the Department may require by rule.
610		-	(4) Applicants shall submit an original certificate of
611		-	insurance documenting that the contractor carries general
	280	+
	281	+	HB2145 Enrolled - 8 - LRB103 28765 AMQ 55148 b
612	282
613	283
614		-	liability insurance with a minimum of $100,000 per occurrence,
615		-	a minimum of $300,000 aggregate for bodily injury, property
616		-	damage insurance with a minimum of $50,000 or a minimum of
617		-	$300,000 combined single limit, and workers compensation
618		-	insurance with a minimum $500,000 employer's liability. No
619		-	registration may be issued in the absence of this certificate.
620		-	Certificates must be in force at all times for registration to
621		-	remain valid.
622		-	(5) Applicants shall submit, on a form provided by the
623		-	Department, an indemnification bond in the amount of $20,000
624		-	or a letter of credit in the same amount for work performed in
625		-	accordance with this Act and the rules promulgated under this
626		-	Act.
627		-	(5.5) The Department, upon notification by the Illinois
628		-	Workers' Compensation Commission or the Department of
629		-	Insurance, shall refuse the issuance or renewal of a license
630		-	to, or suspend or revoke the license of, any individual,
631		-	corporation, partnership, or other business entity that has
632		-	been found by the Illinois Workers' Compensation Commission or
633		-	the Department of Insurance to have failed:
634		-	(a) to secure workers' compensation obligations in the
635		-	manner required by subsections (a) and (b) of Section 4 of
636		-	the Workers' Compensation Act;
637		-	(b) to pay in full a fine or penalty imposed by the
638		-	Illinois Workers' Compensation Commission or the
639		-	Department of Insurance due to a failure to secure
	284	+	HB2145 Enrolled- 9 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 9 - LRB103 28765 AMQ 55148 b
	285	+	HB2145 Enrolled - 9 - LRB103 28765 AMQ 55148 b
	286	+	1 the licensee's email address of record. The notice shall
	287	+	2 advise the licensee that the suspension shall be effective 60
	288	+	3 days after the issuance of the Department's order unless the
	289	+	4 Department receives, from the licensee, a request for a
	290	+	5 hearing before the Department to dispute the matters contained
	291	+	6 in the order.
	292	+	7 Any suspension imposed under this subsection (g) shall be
	293	+	8 terminated by the Department upon notification from the
	294	+	9 Illinois Department of Revenue that the licensee is in
	295	+	10 compliance with all tax laws administered by the Illinois
	296	+	11 Department of Revenue.
	297	+	12 The Department may promulgate rules for the administration
	298	+	13 of this subsection (g).
	299	+	14 (g-5) Notwithstanding anything that may appear in any
	300	+	15 individual licensing statute or administrative rule, the
	301	+	16 Department shall refuse the issuance or renewal of a license
	302	+	17 to, or suspend or revoke the license of, any individual,
	303	+	18 corporation, partnership, or other business entity that has
	304	+	19 been found by the Illinois Workers' Compensation Commission or
	305	+	20 the Department of Insurance to have failed to (i) secure
	306	+	21 workers' compensation obligations in the manner required by
	307	+	22 subsections (a) and (b) of Section 4 of the Workers'
	308	+	23 Compensation Act, (ii) pay in full a fine or penalty imposed
	309	+	24 due to a failure to secure workers' compensation obligations
	310	+	25 in the manner required by subsections (a) and (b) of Section 4
	311	+	26 of the Workers' Compensation Act, or (iii) fulfill all
640	312
641	313
642		-	workers' compensation obligations in the manner required
643		-	by subsections (a) and (b) of Section 4 of the Workers'
644		-	Compensation Act; or
645		-	(c) to fulfill all obligations assumed pursuant to any
646		-	settlement reached with the Illinois Workers' Compensation
647		-	Commission or the Department of Insurance due to a failure
648		-	to secure workers' compensation obligations in the manner
649		-	required by subsections (a) and (b) of Section 4 of the
650		-	Workers' Compensation Act.
651		-	A complaint filed with the Department by the Illinois
652		-	Workers' Compensation Commission or the Department of
653		-	Insurance that includes a certification, signed by its
654		-	Director or Chairman or designee, attesting to a finding of
655		-	the failure to secure workers' compensation obligations in the
656		-	manner required by subsections (a) and (b) of Section 4 of the
657		-	Workers' Compensation Act or the failure to pay any fines or
658		-	penalties or to discharge any obligation under a settlement
659		-	relating to the failure to secure workers' compensation
660		-	obligations in the manner required by subsections (a) and (b)
661		-	of Section 4 of the Workers' Compensation Act is prima facie
662		-	evidence of the licensee's or applicant's failure to comply
663		-	with subsections (a) and (b) of Section 4 of the Workers'
664		-	Compensation Act. Upon receipt of that certification, the
665		-	Department shall, without a hearing, immediately suspend all
666		-	licenses held by the licensee or the processing of any
667		-	application from the applicant. Enforcement of the
668	314
669	315
670		-	Department's order shall be stayed for 60 days. The Department
671		-	shall provide notice of the suspension to the licensee by
672		-	mailing a copy of the Department's order to the licensee's or
673		-	applicant's address of record or emailing a copy of the order
674		-	to the licensee's or applicant's email address of record. The
675		-	notice shall advise the licensee or applicant that the
676		-	suspension shall be effective 60 days after the issuance of
677		-	the order unless the Department receives, from the licensee or
678		-	applicant, a request for a hearing before the Department to
679		-	dispute the matters contained in the order.
680		-	Upon receiving notice from the Illinois Workers'
681		-	Compensation Commission or the Department of Insurance that
682		-	the violation has been corrected or otherwise resolved, the
683		-	Department shall vacate the order suspending a licensee's
684		-	license or the processing of an applicant's application.
685		-	No license shall be suspended or revoked until after the
686		-	licensee is afforded any due process protection guaranteed by
687		-	statute or rule adopted by the Workers' Compensation
688		-	Commission or the Department of Insurance.
689		-	(6) All employees of a registered plumbing contractor who
690		-	engage in plumbing work shall be licensed plumbers or
691		-	apprentice plumbers in accordance with this Act.
692		-	(7) Plumbing contractors shall submit an annual
693		-	registration fee in an amount to be established by rule.
694		-	(8) The Department shall be notified in advance of any
695		-	changes in the business structure, name, or location or of the
	316	+
	317	+	HB2145 Enrolled - 9 - LRB103 28765 AMQ 55148 b
696	318
697	319
698		-	addition or deletion of the owner or officer who is the
699		-	licensed plumber listed on the application. Failure to notify
700		-	the Department of this information is grounds for suspension
701		-	or revocation of the plumbing contractor's registration.
702		-	(9) In the event that the plumber's license on the
703		-	application for registration of a plumbing contractor is a
704		-	license issued by the City of Chicago, it shall be the
705		-	responsibility of the applicant to forward a copy of the
706		-	plumber's license to the Department, noting the name of the
707		-	registered plumbing contractor, when it is renewed. In the
708		-	event that the plumbing contractor's registration is suspended
709		-	or revoked, the Department shall notify the City of Chicago
710		-	and any corresponding plumbing contractor's license issued by
711		-	the City of Chicago shall be suspended or revoked.
712		-	(Source: P.A. 97-365, eff. 1-1-12.)
713		-	Section 99. Effective date. This Act takes effect January
714		-	1, 2024.
	320	+	HB2145 Enrolled- 10 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 10 - LRB103 28765 AMQ 55148 b
	321	+	HB2145 Enrolled - 10 - LRB103 28765 AMQ 55148 b
	322	+	1 obligations assumed pursuant to a settlement reached with the
	323	+	2 Illinois Workers' Compensation Commission or the Department of
	324	+	3 Insurance relating to a failure to secure workers'
	325	+	4 compensation obligations in the manner required by subsections
	326	+	5 (a) and (b) of Section 4 of the Workers' Compensation Act. No
	327	+	6 initial or renewal license shall be issued, and no suspended
	328	+	7 license shall be reinstated, until such time that the
	329	+	8 Department is notified by the Illinois Workers' Compensation
	330	+	9 Commission or the Department of Insurance that the licensee's
	331	+	10 or applicant's failure to comply with subsections (a) and (b)
	332	+	11 of Section 4 of the Workers' Compensation Act has been
	333	+	12 corrected or otherwise resolved to satisfaction of the
	334	+	13 Illinois Workers' Compensation Commission or the Department of
	335	+	14 Insurance.
	336	+	15 In addition, a complaint filed with the Department by the
	337	+	16 Illinois Workers' Compensation Commission or the Department of
	338	+	17 Insurance that includes a certification, signed by its
	339	+	18 Director or Chairman, or the Director or Chairman's designee,
	340	+	19 attesting to a finding of the failure to secure workers'
	341	+	20 compensation obligations in the manner required by subsections
	342	+	21 (a) and (b) of Section 4 of the Workers' Compensation Act or
	343	+	22 the failure to pay any fines or penalties or to discharge any
	344	+	23 obligation under a settlement relating to the failure to
	345	+	24 secure workers' compensation obligations in the manner
	346	+	25 required by subsections (a) and (b) of Section 4 of the
	347	+	26 Workers' Compensation Act is prima facie evidence of the
	348	+
	349	+
	350	+
	351	+
	352	+
	353	+	HB2145 Enrolled - 10 - LRB103 28765 AMQ 55148 b
	354	+
	355	+
	356	+	HB2145 Enrolled- 11 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 11 - LRB103 28765 AMQ 55148 b
	357	+	HB2145 Enrolled - 11 - LRB103 28765 AMQ 55148 b
	358	+	1 licensee's or applicant's failure to comply with subsections
	359	+	2 (a) and (b) of Section 4 of the Workers' Compensation Act. Upon
	360	+	3 receipt of that certification, the Department shall, without a
	361	+	4 hearing, immediately suspend all licenses held by the licensee
	362	+	5 or the processing of any application from the applicant.
	363	+	6 Enforcement of the Department's order shall be stayed for 60
	364	+	7 days. The Department shall provide notice of the suspension to
	365	+	8 the licensee by mailing a copy of the Department's order to the
	366	+	9 licensee's address of record or emailing a copy of the order to
	367	+	10 the licensee's email address of record. The notice shall
	368	+	11 advise the licensee that the suspension shall be effective 60
	369	+	12 days after the issuance of the Department's order unless the
	370	+	13 Department receives from the licensee or applicant a request
	371	+	14 for a hearing before the Department to dispute the matters
	372	+	15 contained in the order.
	373	+	16 Any suspension imposed under this subsection shall be
	374	+	17 terminated by the Department upon notification from the
	375	+	18 Illinois Workers' Compensation Commission or the Department of
	376	+	19 Insurance that the licensee's or applicant's failure to comply
	377	+	20 with subsections (a) and (b) of Section 4 of the Workers'
	378	+	21 Compensation Act has been corrected or otherwise resolved to
	379	+	22 the satisfaction of the Illinois Workers' Compensation
	380	+	23 Commissions or the Department of Insurance.
	381	+	24 No license shall be suspended or revoked until after the
	382	+	25 licensee is afforded any due process protection guaranteed by
	383	+	26 statute or rule adopted by the Workers' Compensation
	384	+
	385	+
	386	+
	387	+
	388	+
	389	+	HB2145 Enrolled - 11 - LRB103 28765 AMQ 55148 b
	390	+
	391	+
	392	+	HB2145 Enrolled- 12 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 12 - LRB103 28765 AMQ 55148 b
	393	+	HB2145 Enrolled - 12 - LRB103 28765 AMQ 55148 b
	394	+	1 Commission or the Department of Insurance.
	395	+	2 The Department may adopt rules for the administration of
	396	+	3 this subsection.
	397	+	4 (h) The Department may grant the title "Retired", to be
	398	+	5 used immediately adjacent to the title of a profession
	399	+	6 regulated by the Department, to eligible retirees. For
	400	+	7 individuals licensed under the Medical Practice Act of 1987,
	401	+	8 the title "Retired" may be used in the profile required by the
	402	+	9 Patients' Right to Know Act. The use of the title "Retired"
	403	+	10 shall not constitute representation of current licensure,
	404	+	11 registration, or certification. Any person without an active
	405	+	12 license, registration, or certificate in a profession that
	406	+	13 requires licensure, registration, or certification shall not
	407	+	14 be permitted to practice that profession.
	408	+	15 (i) The Department shall make available on its website
	409	+	16 general information explaining how the Department utilizes
	410	+	17 criminal history information in making licensure application
	411	+	18 decisions, including a list of enumerated offenses that serve
	412	+	19 as a statutory bar to licensure.
	413	+	20 (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
	414	+	21 102-538, eff. 8-20-21.)
	415	+	22 (20 ILCS 2105/2105-207)
	416	+	23 Sec. 2105-207. Records of Department actions.
	417	+	24 (a) Any licensee subject to a licensing Act administered
	418	+	25 by the Department Division of Professional Regulation and who
	419	+
	420	+
	421	+
	422	+
	423	+
	424	+	HB2145 Enrolled - 12 - LRB103 28765 AMQ 55148 b
	425	+
	426	+
	427	+	HB2145 Enrolled- 13 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 13 - LRB103 28765 AMQ 55148 b
	428	+	HB2145 Enrolled - 13 - LRB103 28765 AMQ 55148 b
	429	+	1 has been subject to disciplinary action by the Department may
	430	+	2 file an application with the Department on forms provided by
	431	+	3 the Department, along with the required fee of $175, to have
	432	+	4 the records classified as confidential, not for public
	433	+	5 release, and considered expunged for reporting purposes if:
	434	+	6 (1) the application is submitted more than 3 years
	435	+	7 after the disciplinary offense or offenses occurred or
	436	+	8 after restoration of the license, whichever is later;
	437	+	9 (2) the licensee has had no incidents of discipline
	438	+	10 under the licensing Act since the disciplinary offense or
	439	+	11 offenses identified in the application occurred;
	440	+	12 (3) the Department has no pending investigations
	441	+	13 against the licensee; and
	442	+	14 (4) the licensee is not currently in a disciplinary
	443	+	15 status.
	444	+	16 (b) An application to make disciplinary records
	445	+	17 confidential shall only be considered by the Department for an
	446	+	18 offense or action relating to:
	447	+	19 (1) failure to pay taxes;
	448	+	20 (2) continuing education;
	449	+	21 (3) failure to renew a license on time;
	450	+	22 (4) failure to obtain or renew a certificate of
	451	+	23 registration or ancillary license;
	452	+	24 (5) advertising;
	453	+	25 (5.1) discipline based on criminal charges or
	454	+	26 convictions:
	455	+
	456	+
	457	+
	458	+
	459	+
	460	+	HB2145 Enrolled - 13 - LRB103 28765 AMQ 55148 b
	461	+
	462	+
	463	+	HB2145 Enrolled- 14 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 14 - LRB103 28765 AMQ 55148 b
	464	+	HB2145 Enrolled - 14 - LRB103 28765 AMQ 55148 b
	465	+	1 (A) that did not arise from the licensed activity
	466	+	2 and was unrelated to the licensed activity; or
	467	+	3 (B) that were dismissed or for which records have
	468	+	4 been sealed or expunged;
	469	+	5 (5.2) past probationary status of a license issued to
	470	+	6 new applicants on the sole or partial basis of prior
	471	+	7 convictions; or
	472	+	8 (6) any grounds for discipline removed from the
	473	+	9 licensing Act; .
	474	+	10 (7) failure to comply with workers' compensation
	475	+	11 requirements; or
	476	+	12 (8) reprimand of a licensee.
	477	+	13 (c) An application shall be submitted to and considered by
	478	+	14 the Director of the Division of Professional Regulation upon
	479	+	15 submission of an application and the required non-refundable
	480	+	16 fee. The Department may establish additional requirements by
	481	+	17 rule. The Department is not required to report the removal of
	482	+	18 any disciplinary record to any national database. Nothing in
	483	+	19 this Section shall prohibit the Department from using a
	484	+	20 previous discipline for any regulatory purpose or from
	485	+	21 releasing records of a previous discipline upon request from
	486	+	22 law enforcement, or other governmental body as permitted by
	487	+	23 law. Classification of records as confidential shall result in
	488	+	24 removal of records of discipline from records kept pursuant to
	489	+	25 Sections 2105-200 and 2105-205 of this Act.
	490	+	26 (d) Any applicant for licensure or a licensee whose
	491	+
	492	+
	493	+
	494	+
	495	+
	496	+	HB2145 Enrolled - 14 - LRB103 28765 AMQ 55148 b
	497	+
	498	+
	499	+	HB2145 Enrolled- 15 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 15 - LRB103 28765 AMQ 55148 b
	500	+	HB2145 Enrolled - 15 - LRB103 28765 AMQ 55148 b
	501	+	1 petition for review is granted by the Department pursuant to
	502	+	2 subsection (a-1) of Section 2105-165 of this Law may file an
	503	+	3 application with the Department on forms provided by the
	504	+	4 Department to have records relating to his or her permanent
	505	+	5 denial or permanent revocation classified as confidential and
	506	+	6 not for public release and considered expunged for reporting
	507	+	7 purposes in the same manner and under the same terms as is
	508	+	8 provided in this Section for the offenses listed in subsection
	509	+	9 (b) of this Section, except that the requirements of a 3-year
	510	+	10 7-year waiting period and the $175 $200 application fee do not
	511	+	11 apply.
	512	+	12 (Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
	513	+	13 100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)
	514	+	14 Section 10. The Asbestos Abatement Act is amended by
	515	+	15 changing Section 10a as follows:
	516	+	16 (105 ILCS 105/10a) (from Ch. 122, par. 1410a)
	517	+	17 Sec. 10a. Licensing. No inspector, management planner,
	518	+	18 project designer, project manager, air sampling professional,
	519	+	19 asbestos abatement contractor, worker or project supervisor
	520	+	20 may be employed as a response action contractor unless that
	521	+	21 individual or entity is licensed by the Department. Those
	522	+	22 individuals and entities wishing to be licensed shall make
	523	+	23 application on forms prescribed and furnished by the
	524	+	24 Department. A license shall expire annually according to a
	525	+
	526	+
	527	+
	528	+
	529	+
	530	+	HB2145 Enrolled - 15 - LRB103 28765 AMQ 55148 b
	531	+
	532	+
	533	+	HB2145 Enrolled- 16 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 16 - LRB103 28765 AMQ 55148 b
	534	+	HB2145 Enrolled - 16 - LRB103 28765 AMQ 55148 b
	535	+	1 schedule determined by the Department. Applications for
	536	+	2 renewal of licenses shall be filed with the Department at
	537	+	3 least 30 days before the expiration date. When a licensure
	538	+	4 examination is required, the application for licensure shall
	539	+	5 be submitted to the Department at least 30 days prior to the
	540	+	6 date of the scheduled examination. The Department shall
	541	+	7 evaluate each application based on its minimum standards for
	542	+	8 licensure, promulgated as rules, and render a decision. Such
	543	+	9 standards may include a requirement for the successful
	544	+	10 completion of a course of training approved by the Department.
	545	+	11 If the Department denies the application, the applicant may
	546	+	12 appeal such decision pursuant to the provisions of the
	547	+	13 "Administrative Review Law".
	548	+	14 The Department, upon notification by the Illinois Workers'
	549	+	15 Compensation Commission or the Department of Insurance, shall
	550	+	16 refuse the issuance or renewal of a license to, or suspend or
	551	+	17 revoke the license of, any individual, corporation,
	552	+	18 partnership, or other business entity that has been found by
	553	+	19 the Illinois Workers' Compensation Commission or the
	554	+	20 Department of Insurance to have failed:
	555	+	21 (a) to secure workers' compensation obligations in the
	556	+	22 manner required by subsections (a) and (b) of Section 4 of
	557	+	23 the Workers' Compensation Act;
	558	+	24 (b) to pay in full a fine or penalty imposed by the
	559	+	25 Illinois Workers' Compensation Commission or the
	560	+	26 Department of Insurance due to a failure to secure
	561	+
	562	+
	563	+
	564	+
	565	+
	566	+	HB2145 Enrolled - 16 - LRB103 28765 AMQ 55148 b
	567	+
	568	+
	569	+	HB2145 Enrolled- 17 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 17 - LRB103 28765 AMQ 55148 b
	570	+	HB2145 Enrolled - 17 - LRB103 28765 AMQ 55148 b
	571	+	1 workers' compensation obligations in the manner required
	572	+	2 by subsections (a) and (b) of Section 4 of the Workers'
	573	+	3 Compensation Act; or
	574	+	4 (c) to fulfill all obligations assumed pursuant to any
	575	+	5 settlement reached with the Illinois Workers' Compensation
	576	+	6 Commission or the Department of Insurance due to a failure
	577	+	7 to secure workers' compensation obligations in the manner
	578	+	8 required by subsections (a) and (b) of Section 4 of the
	579	+	9 Workers' Compensation Act.
	580	+	10 A complaint filed with the Department by the Illinois
	581	+	11 Workers' Compensation Commission or the Department of
	582	+	12 Insurance that includes a certification, signed by its
	583	+	13 Director or Chairman, or the Director or Chairman's designee,
	584	+	14 attesting to a finding of the failure to secure workers'
	585	+	15 compensation obligations in the manner required by subsections
	586	+	16 (a) and (b) of Section 4 of the Workers' Compensation Act or
	587	+	17 the failure to pay any fines or penalties or to discharge any
	588	+	18 obligation under a settlement relating to the failure to
	589	+	19 secure workers' compensation obligations in the manner
	590	+	20 required by subsections (a) and (b) of Section 4 of the
	591	+	21 Workers' Compensation Act is prima facie evidence of the
	592	+	22 licensee's or applicant's failure to comply with subsections
	593	+	23 (a) and (b) of Section 4 of the Workers' Compensation Act. Upon
	594	+	24 receipt of that certification, the Department shall, without a
	595	+	25 hearing, immediately suspend all licenses held by the licensee
	596	+	26 or the processing of any application from the applicant.
	597	+
	598	+
	599	+
	600	+
	601	+
	602	+	HB2145 Enrolled - 17 - LRB103 28765 AMQ 55148 b
	603	+
	604	+
	605	+	HB2145 Enrolled- 18 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 18 - LRB103 28765 AMQ 55148 b
	606	+	HB2145 Enrolled - 18 - LRB103 28765 AMQ 55148 b
	607	+	1 Enforcement of the Department's order shall be stayed for 60
	608	+	2 days. The Department shall provide notice of the suspension to
	609	+	3 the licensee by mailing a copy of the Department's order to the
	610	+	4 licensee's or applicant's address of record or emailing a copy
	611	+	5 of the order to the licensee's or applicant's email address of
	612	+	6 record. The notice shall advise the licensee or applicant that
	613	+	7 the suspension shall be effective 60 days after the issuance
	614	+	8 of the order unless the Department receives, from the licensee
	615	+	9 or applicant, a request for a hearing before the Department to
	616	+	10 dispute the matters contained in the order.
	617	+	11 Upon receiving notice from the Illinois Workers'
	618	+	12 Compensation Commission or the Department of Insurance that
	619	+	13 the violation has been corrected or otherwise resolved, the
	620	+	14 Department shall vacate the order suspending a licensee's
	621	+	15 license or the processing of an applicant's application.
	622	+	16 No license shall be suspended or revoked until after the
	623	+	17 licensee is afforded any due process protection guaranteed by
	624	+	18 statute or rule adopted by the Workers' Compensation
	625	+	19 Commission or the Department of Insurance.
	626	+	20 (Source: P.A. 86-416.)
	627	+	21 Section 15. The Lead Poisoning Prevention Act is amended
	628	+	22 by changing Section 8.1 as follows:
	629	+	23 (410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
	630	+	24 Sec. 8.1. Licensing of lead inspectors and lead risk
	631	+
	632	+
	633	+
	634	+
	635	+
	636	+	HB2145 Enrolled - 18 - LRB103 28765 AMQ 55148 b
	637	+
	638	+
	639	+	HB2145 Enrolled- 19 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 19 - LRB103 28765 AMQ 55148 b
	640	+	HB2145 Enrolled - 19 - LRB103 28765 AMQ 55148 b
	641	+	1 assessors.
	642	+	2 (a) The Department shall establish standards and licensing
	643	+	3 procedures for lead inspectors and lead risk assessors. An
	644	+	4 integral element of these procedures shall be an education and
	645	+	5 training program prescribed by the Department which shall
	646	+	6 include but not be limited to scientific sampling, chemistry,
	647	+	7 and construction techniques. No person shall make inspections
	648	+	8 or risk assessments without first being licensed by the
	649	+	9 Department. The penalty for inspection or risk assessment
	650	+	10 without a license shall be a Class A misdemeanor and an
	651	+	11 administrative fine.
	652	+	12 (b) The Department shall charge licensed lead inspectors
	653	+	13 and lead risk assessors reasonable license fees and the fees
	654	+	14 shall be placed in the Lead Poisoning Screening, Prevention,
	655	+	15 and Abatement Fund and used to fund the Department's licensing
	656	+	16 of lead inspectors and lead risk assessors and any other
	657	+	17 activities prescribed by this Act. A licensed lead inspector
	658	+	18 or lead risk assessor employed by the Department or its
	659	+	19 delegate agency shall not be charged a license fee.
	660	+	20 (c) The Department, upon notification by the Illinois
	661	+	21 Workers' Compensation Commission or the Department of
	662	+	22 Insurance, shall refuse the issuance or renewal of a license
	663	+	23 to, or suspend or revoke the license of, any individual,
	664	+	24 corporation, partnership, or other business entity that has
	665	+	25 been found by the Illinois Workers' Compensation Commission or
	666	+	26 the Department of Insurance to have failed:
	667	+
	668	+
	669	+
	670	+
	671	+
	672	+	HB2145 Enrolled - 19 - LRB103 28765 AMQ 55148 b
	673	+
	674	+
	675	+	HB2145 Enrolled- 20 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 20 - LRB103 28765 AMQ 55148 b
	676	+	HB2145 Enrolled - 20 - LRB103 28765 AMQ 55148 b
	677	+	1 (1) to secure workers' compensation obligations in the
	678	+	2 manner required by subsections (a) and (b) of Section 4 of
	679	+	3 the Workers' Compensation Act;
	680	+	4 (2) to pay in full a fine or penalty imposed by the
	681	+	5 Illinois Workers' Compensation Commission or the
	682	+	6 Department of Insurance due to a failure to secure
	683	+	7 workers' compensation obligations in the manner required
	684	+	8 by subsections (a) and (b) of Section 4 of the Workers'
	685	+	9 Compensation Act; or
	686	+	10 (3) to fulfill all obligations assumed pursuant to any
	687	+	11 settlement reached with the Illinois Workers' Compensation
	688	+	12 Commission or the Department of Insurance due to a failure
	689	+	13 to secure workers' compensation obligations in the manner
	690	+	14 required by subsections (a) and (b) of Section 4 of the
	691	+	15 Workers' Compensation Act.
	692	+	16 A complaint filed with the Department by the Illinois
	693	+	17 Workers' Compensation Commission or the Department of
	694	+	18 Insurance that includes a certification, signed by its
	695	+	19 Director or Chairman or designee, attesting to a finding of
	696	+	20 the failure to secure workers' compensation obligations in the
	697	+	21 manner required by subsections (a) and (b) of Section 4 of the
	698	+	22 Workers' Compensation Act or the failure to pay any fines or
	699	+	23 penalties or to discharge any obligation under a settlement
	700	+	24 relating to the failure to secure workers' compensation
	701	+	25 obligations in the manner required by subsections (a) and (b)
	702	+	26 of Section 4 of the Workers' Compensation Act is prima facie
	703	+
	704	+
	705	+
	706	+
	707	+
	708	+	HB2145 Enrolled - 20 - LRB103 28765 AMQ 55148 b
	709	+
	710	+
	711	+	HB2145 Enrolled- 21 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 21 - LRB103 28765 AMQ 55148 b
	712	+	HB2145 Enrolled - 21 - LRB103 28765 AMQ 55148 b
	713	+	1 evidence of the licensee's or applicant's failure to comply
	714	+	2 with subsections (a) and (b) of Section 4 of the Workers'
	715	+	3 Compensation Act. Upon receipt of that certification, the
	716	+	4 Department shall, without a hearing, immediately suspend all
	717	+	5 licenses held by the licensee or the processing of any
	718	+	6 application from the applicant. Enforcement of the
	719	+	7 Department's order shall be stayed for 60 days. The Department
	720	+	8 shall provide notice of the suspension to the licensee by
	721	+	9 mailing a copy of the Department's order to the licensee's or
	722	+	10 applicant's address of record or emailing a copy of the order
	723	+	11 to the licensee's or applicant's email address of record. The
	724	+	12 notice shall advise the licensee or applicant that the
	725	+	13 suspension shall be effective 60 days after the issuance of
	726	+	14 the order unless the Department receives, from the licensee or
	727	+	15 applicant, a request for a hearing before the Department to
	728	+	16 dispute the matters contained in the order.
	729	+	17 Upon receiving notice from the Illinois Workers'
	730	+	18 Compensation Commission or the Department of Insurance that
	731	+	19 the violation has been corrected or otherwise resolved, the
	732	+	20 Department shall vacate the order suspending a licensee's
	733	+	21 license or the processing of an applicant's application.
	734	+	22 No license shall be suspended or revoked until after the
	735	+	23 licensee is afforded any due process protection guaranteed by
	736	+	24 statute or rule adopted by the Workers' Compensation
	737	+	25 Commission or the Department of Insurance.
	738	+	26 (Source: P.A. 98-690, eff. 1-1-15.)
	739	+
	740	+
	741	+
	742	+
	743	+
	744	+	HB2145 Enrolled - 21 - LRB103 28765 AMQ 55148 b
	745	+
	746	+
	747	+	HB2145 Enrolled- 22 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 22 - LRB103 28765 AMQ 55148 b
	748	+	HB2145 Enrolled - 22 - LRB103 28765 AMQ 55148 b
	749	+	1 Section 20. The Illinois Plumbing License Law is amended
	750	+	2 by changing Section 13.1 as follows:
	751	+	3 (225 ILCS 320/13.1)
	752	+	4 Sec. 13.1. Plumbing contractors; registration;
	753	+	5 applications.
	754	+	6 (1) On and after May 1, 2002, all persons or corporations
	755	+	7 desiring to engage in the business of plumbing contractor,
	756	+	8 other than any entity that maintains an audited net worth of
	757	+	9 shareholders' equity equal to or exceeding $100,000,000, shall
	758	+	10 register in accordance with the provisions of this Act.
	759	+	11 (2) Application for registration shall be filed with the
	760	+	12 Department each year, on or before the last day of September,
	761	+	13 in writing and on forms prepared and furnished by the
	762	+	14 Department. All plumbing contractor registrations expire on
	763	+	15 the last day of September of each year.
	764	+	16 (3) Applications shall contain the name, address, and
	765	+	17 telephone number of the person and the plumbing license of (i)
	766	+	18 the individual, if a sole proprietorship; (ii) the partner, if
	767	+	19 a partnership; or (iii) an officer, if a corporation. The
	768	+	20 application shall contain the business name, address, and
	769	+	21 telephone number, a current copy of the plumbing license, and
	770	+	22 any other information the Department may require by rule.
	771	+	23 (4) Applicants shall submit an original certificate of
	772	+	24 insurance documenting that the contractor carries general
	773	+
	774	+
	775	+
	776	+
	777	+
	778	+	HB2145 Enrolled - 22 - LRB103 28765 AMQ 55148 b
	779	+
	780	+
	781	+	HB2145 Enrolled- 23 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 23 - LRB103 28765 AMQ 55148 b
	782	+	HB2145 Enrolled - 23 - LRB103 28765 AMQ 55148 b
	783	+	1 liability insurance with a minimum of $100,000 per occurrence,
	784	+	2 a minimum of $300,000 aggregate for bodily injury, property
	785	+	3 damage insurance with a minimum of $50,000 or a minimum of
	786	+	4 $300,000 combined single limit, and workers compensation
	787	+	5 insurance with a minimum $500,000 employer's liability. No
	788	+	6 registration may be issued in the absence of this certificate.
	789	+	7 Certificates must be in force at all times for registration to
	790	+	8 remain valid.
	791	+	9 (5) Applicants shall submit, on a form provided by the
	792	+	10 Department, an indemnification bond in the amount of $20,000
	793	+	11 or a letter of credit in the same amount for work performed in
	794	+	12 accordance with this Act and the rules promulgated under this
	795	+	13 Act.
	796	+	14 (5.5) The Department, upon notification by the Illinois
	797	+	15 Workers' Compensation Commission or the Department of
	798	+	16 Insurance, shall refuse the issuance or renewal of a license
	799	+	17 to, or suspend or revoke the license of, any individual,
	800	+	18 corporation, partnership, or other business entity that has
	801	+	19 been found by the Illinois Workers' Compensation Commission or
	802	+	20 the Department of Insurance to have failed:
	803	+	21 (a) to secure workers' compensation obligations in the
	804	+	22 manner required by subsections (a) and (b) of Section 4 of
	805	+	23 the Workers' Compensation Act;
	806	+	24 (b) to pay in full a fine or penalty imposed by the
	807	+	25 Illinois Workers' Compensation Commission or the
	808	+	26 Department of Insurance due to a failure to secure
	809	+
	810	+
	811	+
	812	+
	813	+
	814	+	HB2145 Enrolled - 23 - LRB103 28765 AMQ 55148 b
	815	+
	816	+
	817	+	HB2145 Enrolled- 24 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 24 - LRB103 28765 AMQ 55148 b
	818	+	HB2145 Enrolled - 24 - LRB103 28765 AMQ 55148 b
	819	+	1 workers' compensation obligations in the manner required
	820	+	2 by subsections (a) and (b) of Section 4 of the Workers'
	821	+	3 Compensation Act; or
	822	+	4 (c) to fulfill all obligations assumed pursuant to any
	823	+	5 settlement reached with the Illinois Workers' Compensation
	824	+	6 Commission or the Department of Insurance due to a failure
	825	+	7 to secure workers' compensation obligations in the manner
	826	+	8 required by subsections (a) and (b) of Section 4 of the
	827	+	9 Workers' Compensation Act.
	828	+	10 A complaint filed with the Department by the Illinois
	829	+	11 Workers' Compensation Commission or the Department of
	830	+	12 Insurance that includes a certification, signed by its
	831	+	13 Director or Chairman or designee, attesting to a finding of
	832	+	14 the failure to secure workers' compensation obligations in the
	833	+	15 manner required by subsections (a) and (b) of Section 4 of the
	834	+	16 Workers' Compensation Act or the failure to pay any fines or
	835	+	17 penalties or to discharge any obligation under a settlement
	836	+	18 relating to the failure to secure workers' compensation
	837	+	19 obligations in the manner required by subsections (a) and (b)
	838	+	20 of Section 4 of the Workers' Compensation Act is prima facie
	839	+	21 evidence of the licensee's or applicant's failure to comply
	840	+	22 with subsections (a) and (b) of Section 4 of the Workers'
	841	+	23 Compensation Act. Upon receipt of that certification, the
	842	+	24 Department shall, without a hearing, immediately suspend all
	843	+	25 licenses held by the licensee or the processing of any
	844	+	26 application from the applicant. Enforcement of the
	845	+
	846	+
	847	+
	848	+
	849	+
	850	+	HB2145 Enrolled - 24 - LRB103 28765 AMQ 55148 b
	851	+
	852	+
	853	+	HB2145 Enrolled- 25 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 25 - LRB103 28765 AMQ 55148 b
	854	+	HB2145 Enrolled - 25 - LRB103 28765 AMQ 55148 b
	855	+	1 Department's order shall be stayed for 60 days. The Department
	856	+	2 shall provide notice of the suspension to the licensee by
	857	+	3 mailing a copy of the Department's order to the licensee's or
	858	+	4 applicant's address of record or emailing a copy of the order
	859	+	5 to the licensee's or applicant's email address of record. The
	860	+	6 notice shall advise the licensee or applicant that the
	861	+	7 suspension shall be effective 60 days after the issuance of
	862	+	8 the order unless the Department receives, from the licensee or
	863	+	9 applicant, a request for a hearing before the Department to
	864	+	10 dispute the matters contained in the order.
	865	+	11 Upon receiving notice from the Illinois Workers'
	866	+	12 Compensation Commission or the Department of Insurance that
	867	+	13 the violation has been corrected or otherwise resolved, the
	868	+	14 Department shall vacate the order suspending a licensee's
	869	+	15 license or the processing of an applicant's application.
	870	+	16 No license shall be suspended or revoked until after the
	871	+	17 licensee is afforded any due process protection guaranteed by
	872	+	18 statute or rule adopted by the Workers' Compensation
	873	+	19 Commission or the Department of Insurance.
	874	+	20 (6) All employees of a registered plumbing contractor who
	875	+	21 engage in plumbing work shall be licensed plumbers or
	876	+	22 apprentice plumbers in accordance with this Act.
	877	+	23 (7) Plumbing contractors shall submit an annual
	878	+	24 registration fee in an amount to be established by rule.
	879	+	25 (8) The Department shall be notified in advance of any
	880	+	26 changes in the business structure, name, or location or of the
	881	+
	882	+
	883	+
	884	+
	885	+
	886	+	HB2145 Enrolled - 25 - LRB103 28765 AMQ 55148 b
	887	+
	888	+
	889	+	HB2145 Enrolled- 26 -LRB103 28765 AMQ 55148 b HB2145 Enrolled - 26 - LRB103 28765 AMQ 55148 b
	890	+	HB2145 Enrolled - 26 - LRB103 28765 AMQ 55148 b
	891	+	1 addition or deletion of the owner or officer who is the
	892	+	2 licensed plumber listed on the application. Failure to notify
	893	+	3 the Department of this information is grounds for suspension
	894	+	4 or revocation of the plumbing contractor's registration.
	895	+	5 (9) In the event that the plumber's license on the
	896	+	6 application for registration of a plumbing contractor is a
	897	+	7 license issued by the City of Chicago, it shall be the
	898	+	8 responsibility of the applicant to forward a copy of the
	899	+	9 plumber's license to the Department, noting the name of the
	900	+	10 registered plumbing contractor, when it is renewed. In the
	901	+	11 event that the plumbing contractor's registration is suspended
	902	+	12 or revoked, the Department shall notify the City of Chicago
	903	+	13 and any corresponding plumbing contractor's license issued by
	904	+	14 the City of Chicago shall be suspended or revoked.
	905	+	15 (Source: P.A. 97-365, eff. 1-1-12.)
	906	+	16 Section 99. Effective date. This Act takes effect January
	907	+	17 1, 2024.
	908	+
	909	+
	910	+
	911	+
	912	+
	913	+	HB2145 Enrolled - 26 - LRB103 28765 AMQ 55148 b