Public Act 096-1324
 
HB5514 EnrolledLRB096 17607 ASK 32964 b


  
    AN ACT concerning professional regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Illinois Roofing Industry Licensing Act is 
amended  by changing Sections 5 and 9.1 as follows:
 



    (225 ILCS 335/5)  (from Ch. 111, par. 7505)


    (Section scheduled to be repealed on January 1, 2016)

    Sec. 5. Display of license number; advertising. 

    (a) Each State licensed roofing contractor shall
affix the 
roofing contractor license number and the licensee's name, as 
it appears on the license, the
license number of his or her 
license to all of his
or
her contracts and bids.  In
addition, 
the official issuing building permits shall affix the
roofing 
contractor license number to each application for a building 
permit
and on
each building permit issued and recorded.

    (a-5) A person who knowingly, in the course of applying If 
a general contractor applies for a building permit with a unit 
of local government, provides the and knowingly submits a 
roofing license number that is not that of a the roofing 
contractor whom he or she does not intend to have perform the 
work on the roofing portion of who will be the subcontractor 
for the project commits for which the general contractor has 
requested the  permit, the general contractor shall be guilty of 
identity theft under paragraph (8) of subsection (a) of Section 
16G-15 of the Criminal Code of 1961. 
    (b) In addition, every roofing contractor shall affix the

roofing
contractor license number and the licensee's name, as 
it appears on the license, on all commercial vehicles used as

part
of his
or her business as a roofing contractor.

    (c) Every holder of a license shall
display it in a

conspicuous place in his or her principal office, place of 
business, or place
of employment.

    (d) No person licensed under this Act may advertise 
services regulated by
this Act unless that person includes in 
the advertisement the roofing contractor license number and the 
licensee's name, as it appears on the license his or her 
license
number. Nothing contained in this subsection requires 
the publisher of
advertising for roofing contractor services to 
investigate or verify the
accuracy of the
license number 
provided by the licensee.

    (e) A person who advertises services regulated by this Act 
who knowingly (i)
fails to display the license number and the 
licensee's name, as it appears on the license, in any manner 
required by this Section,
(ii) fails to provide a publisher 
with the correct license number as required
by subsection (d), 
or (iii) provides a publisher with a false license number or
a 
license number of another person, or a person who knowingly 
allows his or her
license number to be displayed or used by 
another person to circumvent any
provisions of this Section, is 
guilty of a Class A misdemeanor with a fine of
$1,000, and, in 
addition, is subject to the administrative enforcement

provisions of this Act.
Each day that an advertisement runs or 
each day that a person knowingly allows
his or her license to 
be displayed or used in violation of this Section
constitutes a 
separate offense.

(Source: P.A. 96-624, eff. 1-1-10.)

 
    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 9.1. Grounds for disciplinary action. The Department 
may refuse
to issue or to renew, or may revoke, suspend, place 
on probation, reprimand
or take other disciplinary or 
non-disciplinary action as the Department may deem proper,

including fines not to exceed $10,000 for each violation, with 
regard to any
license for any one or combination of the 
following causes:
        (a) violation of this Act or its rules;
        (b) conviction or plea of guilty or nolo contendere of 
    any crime under the laws of the United States or any state 
    or territory thereof that is (i) a felony or (ii) a 
    misdemeanor, an essential element
of which is dishonesty or 
    that is

directly related to the
practice of the profession;
        (c) making any misrepresentation for the purpose of 
    obtaining a license;
        (d) professional incompetence or gross negligence in 
    the practice of
roofing contracting, prima facie evidence 
    of which may be a conviction or judgment in any court of 
    competent jurisdiction against an applicant or licensee 
    relating to the practice of roofing contracting or the 
    construction of a roof or repair thereof that results in 
    leakage within 90 days after the completion of such work;
        (e) (blank);
        (f) aiding or assisting another person in violating any 
    provision of
this Act or rules;
        (g) failing, within 60 days, to provide information in 
    response to a
written request made by the Department which 
    has been sent by certified or
registered mail to the 
    licensee's last known address;
        (h) engaging in dishonorable, unethical, or 
    unprofessional conduct of a
character likely to deceive, 
    defraud, or harm the public;
        (i) habitual or excessive use or addiction to alcohol, 
    narcotics,
stimulants or any other chemical agent or drug 
    which results in the
inability to practice with reasonable 
    judgment, skill, or safety;
        (j) discipline by another U.S. jurisdiction or foreign 
    nation, if at
least one of the grounds for the discipline 
    is the same or substantially
equivalent to those set forth 
    in this Section;
        (k) directly or indirectly giving to or receiving from 
    any person, firm,
corporation, partnership, or association 
    any fee, commission, rebate, or
other form of compensation 
    for any professional services not actually or
personally 
    rendered;
        (l) a finding by the Department that the licensee, 
    after having his
or her license placed on probationary 
    status has violated the terms of
probation;
        (m) a finding by any court of competent jurisdiction, 
    either within or
without this State, of any violation of 
    any law governing the practice of
roofing contracting, if 
    the Department determines, after investigation,
that such 
    person has not been sufficiently rehabilitated to warrant 
    the
public trust;
        (n) a finding that licensure has been applied for or 
    obtained by
fraudulent means;
        (o) practicing, attempting to practice, or advertising 
    under
a name
other than the
full name as shown on the 
    license or any other legally authorized name;
        (p) gross and willful overcharging for professional 
    services including
filing false statements for collection 
    of fees or monies for which services
are not rendered;
        (q) failure to file a return, or to pay the tax, 
    penalty or interest
shown in a filed return, or to pay any 
    final assessment of tax, penalty or
interest, as required 
    by any tax Act administered by the Illinois
Department of 
    Revenue, until such time as the requirements of any such 
    tax
Act are satisfied;
        (r) the Department shall deny any license or renewal 
    under this
Act to any person who has defaulted on an 
    educational loan guaranteed by
the Illinois State 
    Scholarship Commission; however, the Department may
issue 
    a license or renewal if the person in default has 
    established a
satisfactory repayment record as determined 
    by the Illinois State
Scholarship Commission;
        (s) failure to continue to meet the requirements of 
    this Act shall be
deemed a violation;
        (t) physical or mental disability, including 
    deterioration through the
aging process or loss of 
    abilities and skills that result in an inability to

    practice the profession with reasonable judgment, skill, 
    or safety;
        (u) material misstatement in furnishing information to 
    the Department or
to
any other State agency;
        (v) the determination by a court that a licensee is 
    subject to involuntary
admission or judicial admission as 
    provided in the Mental Health and
Developmental 
    Disabilities Code will result in an automatic suspension of 
    his
or her license.  The suspension will end upon a finding 
    by a court that the
licensee is no longer subject to 
    involuntary admission or judicial admission,
the issuance 
    of an order so finding and discharging the patient, and the

    recommendation of the Board to the Director that the 
    licensee be allowed to
resume professional practice;
        (w) advertising in any manner that is false, 
    misleading, or deceptive;
        (x) taking undue advantage of a customer, which results 
    in the perpetration of a fraud;
        (y) performing any act or practice that is a violation 
    of the Consumer Fraud and Deceptive Business Practices Act;
        (z) engaging in the practice of roofing contracting, as 
    defined in this Act, with a suspended, revoked, or 
    cancelled license;
        (aa) treating any person differently to the person's 
    detriment because of race, color, creed, gender, age, 
    religion, or national origin;
        (bb) knowingly making any false statement, oral, 
    written, or otherwise, of a character likely to influence, 
    persuade, or induce others in the course of obtaining or 
    performing roofing contracting services; or
        (cc) violation of any final administrative action of 
    the Secretary; .

        (dd) allowing the use of his or her roofing license by 
    an unlicensed roofing contractor for the purposes of 
    providing roofing or waterproofing services; or
        (ee) aiding or assisting another person in violating 
    any provision of this Act or its rules, including, but not 
    limited to, Section 9 of this Act.
    The changes to this Act made by this amendatory Act of 1997 
apply only
to disciplinary actions relating to events occurring 
after the effective date
of
this amendatory Act of 1997.
(Source: P.A. 95-303, eff. 1-1-08.)
 
    Section 10. The Criminal Code of 1961 is amended by 
changing Section 16G-15 as follows:
 



    (720 ILCS 5/16G-15)


    Sec. 16G-15. Identity theft. 

    (a) A person commits the offense of identity theft when he 
or
she
knowingly:


        (1) uses any personal
identifying information or 
    personal identification document of another
person to 
    fraudulently obtain credit, money, goods, services, or 
    other
property, or


        (2) uses any personal identification information or 
    personal
identification document of another with intent to 
    commit any felony theft
or other felony violation of State 
    law not set forth in
paragraph (1) of this subsection (a), 
    or


        (3) obtains, records, possesses, sells, transfers, 
    purchases, or
manufactures any personal identification 
    information or personal
identification document of another 
    with intent to commit or to aid or abet
another in 
    committing any felony theft or other felony violation of

    State law, or


        (4) uses, obtains, records, possesses, sells, 
    transfers, purchases,
or manufactures any personal 
    identification information or
personal identification 
    document of another knowing that such
personal 
    identification information or personal identification

    documents were stolen or produced without lawful 
    authority, or


        (5) uses, transfers, or possesses document-making 
    implements to
produce false identification or false 
    documents with knowledge that
they will be used by the 
    person or another to commit any felony theft or other

    felony violation of State law, or

        (6) uses any personal identification information or 
    personal identification document of another to portray 
    himself or herself as that person, or otherwise, for the 
    purpose of gaining access to any personal identification 
    information or personal identification document of that 
    person, without the prior express permission of that 
    person, or
        (7) uses any personal identification information or 
    personal identification document of another for the 
    purpose of gaining access to any record of the actions 
    taken, communications made or received, or other 
    activities or transactions of that person, without the 
    prior express permission of that person, or .

        (8) in the course of applying for a building permit 
    with a unit of a local government, provides the license 
    number of a roofing contractor whom he or she does not 
    intend to have perform the work on the roofing portion of 
    the project. It is an affirmative defense to prosecution 
    under this paragraph (8) that the building permit applicant 
    promptly informed the unit of local government that issued 
    the building permit of any change in the roofing 
    contractor. 
    (b) Knowledge shall be determined by an evaluation of all 
circumstances
surrounding the use of the other
person's 
identifying information or document.

    (c) When a charge of identity theft of credit, money, 
goods,
services, or other property
exceeding a specified value 
is brought the value of the credit, money, goods,
services, or 
other property is
an element of the offense to be resolved by 
the trier of fact as either
exceeding or not exceeding the

specified value.

    (d) Sentence.


        (1) A person convicted of identity theft in violation 
    of paragraph (1)
of subsection (a) shall be sentenced as 
    follows:


            (A) Identity theft of credit, money, goods, 
        services, or
other
property not exceeding $300 in
value 
        is a Class 4 felony. A person who has been previously 
        convicted of
identity theft of
less than $300 who is 
        convicted of a second or subsequent offense of
identity 
        theft of less than
$300 is guilty of a Class 3 felony. 
        A person who has been convicted of identity
theft of 
        less than
$300 who has been previously convicted of any 
        type of theft, robbery, armed
robbery, burglary, 
        residential
burglary, possession of burglary tools, 
        home invasion, home repair fraud,
aggravated home 
        repair fraud, or
financial exploitation of an elderly 
        or disabled person is guilty of a Class 3

felony.  
        Identity theft of credit, money, goods, services, or

        other
property not exceeding $300 in
value when the 
        victim of the identity theft is an active duty member 
        of the Armed Services or Reserve Forces of the United 
        States or of the Illinois National Guard serving in a 
        foreign country is a Class 3 felony. A person who has 
        been previously convicted of
identity theft of
less 
        than $300 who is convicted of a second or subsequent 
        offense of
identity theft of less than
$300 when the 
        victim of the identity theft is an active duty member 
        of the Armed Services or Reserve Forces of the United 
        States or of the Illinois National Guard serving in a 
        foreign country is guilty of a Class 2 felony.  A person 
        who has been convicted of identity
theft of less than

        $300 when the victim of the identity theft is an active 
        duty member of the Armed Services or Reserve Forces of 
        the United States or of the Illinois National Guard 
        serving in a foreign country who has been previously 
        convicted of any type of theft, robbery, armed
robbery, 
        burglary, residential
burglary, possession of burglary 
        tools, home invasion, home repair fraud,
aggravated 
        home repair fraud, or
financial exploitation of an 
        elderly or disabled person is guilty of a Class 2


        felony. When a person has any
such prior conviction, 
        the information or indictment charging that person 
        shall
state the prior conviction so
as to give notice 
        of the State's intention to treat the charge as a Class 
        3 felony. The
fact of the prior conviction is
not an 
        element of the offense and may not be disclosed to the 
        jury during trial
unless otherwise permitted
by issues 
        properly raised during the trial.   


            (B) Identity theft of credit, money, goods,

        services, or other
property exceeding $300 and not

        exceeding $2,000 in value is a Class 3 felony. Identity 
        theft of credit, money, goods,
services, or other

        property exceeding $300 and not
exceeding $2,000 in 
        value when the victim of the identity theft is an 
        active duty member of the Armed Services or Reserve 
        Forces of the United States or of the Illinois National 
        Guard serving in a foreign country is a Class 2 felony.



            (C) Identity theft of credit, money, goods,

        services, or other
property exceeding $2,000 and not

        exceeding $10,000 in value is a Class 2 felony. 
        Identity theft of credit, money, goods,
services, or 
        other
property exceeding $2,000 and not
exceeding 
        $10,000 in value when the victim of the identity theft 
        is an active duty member of the Armed Services or 
        Reserve Forces of the United States or of the Illinois 
        National Guard serving in a foreign country is a Class 
        1 felony.



            (D) Identity theft of credit, money, goods,

        services, or other
property exceeding $10,000 and
not 
        exceeding $100,000 in value is a Class 1 felony. 
        Identity theft of credit, money, goods,
services, or 
        other
property exceeding $10,000 and
not exceeding 
        $100,000 in value when the victim of the identity theft 
        is an active duty member of the Armed Services or 
        Reserve Forces of the United States or of the Illinois 
        National Guard serving in a foreign country is a Class 
        X felony.



            (E) Identity theft of credit, money, goods,

        services, or
other property exceeding $100,000 in

        value is a Class X felony.


        (2) A person convicted of any offense enumerated in 
    paragraphs
(2) through (7) of subsection (a) is guilty of a 
    Class 3 felony. A person convicted of any offense 
    enumerated in paragraphs
(2) through (7) of subsection (a) 
    when the victim of the identity theft is an active duty 
    member of the Armed Services or Reserve Forces of the 
    United States or of the Illinois National Guard serving in 
    a foreign country is guilty of a Class 2 felony.



        (3) A person convicted of any offense enumerated in 
    paragraphs
(2) through (5) of subsection (a) a second or 
    subsequent time is
guilty of a Class 2 felony. A person 
    convicted of any offense enumerated in paragraphs
(2) 
    through (5) of subsection (a) a second or subsequent time 
    when the victim of the identity theft is an active duty 
    member of the Armed Services or Reserve Forces of the 
    United States or of the Illinois National Guard serving in 
    a foreign country is
guilty of a Class 1 felony.



        (4) A person who, within a 12 month period, is found in 
    violation
of any offense enumerated in paragraphs (2) 
    through (7) of
subsection (a) with respect to the 
    identifiers of, or other information relating to, 3 or more

    separate individuals, at the same time or consecutively, is 
    guilty
of a Class 2 felony. A person who, within a 12 month 
    period, is found in violation
of any offense enumerated in 
    paragraphs (2) through (7) of
subsection (a) with respect 
    to the identifiers of, or other information relating to, 3 
    or more
separate individuals, at the same time or 
    consecutively, when the victim of the identity theft is an 
    active duty member of the Armed Services or Reserve Forces 
    of the United States or of the Illinois National Guard 
    serving in a foreign country is guilty
of a Class 1 felony.


        (5) A person convicted of identity theft in violation 
    of paragraph (2) of subsection (a) who uses any personal 
    identification information or personal
identification 
    document of another to purchase methamphetamine 
    manufacturing material as defined in Section 10 of the 
    Methamphetamine Control and Community Protection Act with 
    the intent to unlawfully manufacture methamphetamine is 
    guilty of a Class 2 felony for a first offense and a Class 
    1 felony for a second or subsequent offense.
A person 
    convicted of identity theft in violation of paragraph (2) 
    of subsection (a) who uses any personal identification 
    information or personal
identification document of another 
    to purchase methamphetamine manufacturing material as 
    defined in Section 10 of the Methamphetamine Control and 
    Community Protection Act with the intent to unlawfully 
    manufacture methamphetamine when the victim of the 
    identity theft is an active duty member of the Armed 
    Services or Reserve Forces of the United States or of the 
    Illinois National Guard serving in a foreign country is 
    guilty of a Class 1 felony for a first offense and a Class 
    X felony for a second or subsequent offense.

        (6) A person convicted of identity theft in violation 
    of paragraph (8) of subsection (a) of this Section shall be 
    guilty of a Class 4 felony. 
(Source: P.A. 94-39, eff. 6-16-05; 94-827, eff. 1-1-07; 
94-1008, eff. 7-5-06; 95-60, eff. 1-1-08; 95-331, eff. 
8-21-07.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.