HB0786 Engrossed LRB096 07372 ASK 17458 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Roofing Industry Licensing Act is
5 amended by changing Sections 4.5 and 5 as follows:
 
6     (225 ILCS 335/4.5)
7     (Section scheduled to be repealed on January 1, 2016)
8     Sec. 4.5. Duties of qualifying party; replacement. While
9 engaged as or named as a qualifying party for a licensee, no
10 person may be the named qualifying party for any other
11 licensee. However, the person may act in the capacity of the
12 qualifying party for one additional licensee of the same type
13 of licensure if one of the following conditions exists:
14         (1) There is a common ownership of at least 25% of each
15     licensed entity for which the person acts as a qualifying
16     party.
17         (2) The same person acts as a qualifying party for one
18     licensed entity and its licensed subsidiary.
19     "Subsidiary" as used in this Section means a corporation of
20 which at least 25% is owned by another licensee.
21     In the event that a qualifying party is terminated or
22 terminating his or her status as qualifying party of a
23 licensee, the qualifying party and the licensee shall notify

 

 

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1 the Department of that fact in writing. Thereafter, the
2 licensee shall notify the Department of the name and address of
3 the newly designated qualifying party. The newly designated
4 qualifying party must take the examination prescribed in
5 Section 3.5 of this Act; however, a newly designated qualifying
6 party is exempt from the examination requirement until January
7 1, 2012 if he or she has acted in the capacity of a roofing
8 contractor for a period of at least 15 years for the licensee
9 for which he or she seeks to be the qualifying party. These
10 requirements shall be met in a timely manner as established by
11 rule of the Department.
12 (Source: P.A. 91-950, eff. 2-9-01.)
 
13     (225 ILCS 335/5)  (from Ch. 111, par. 7505)
14     (Section scheduled to be repealed on January 1, 2016)
15     Sec. 5. Display of license number; advertising.
16     (a) Each State licensed roofing contractor shall affix the
17 license number of his or her license to all of his or her
18 contracts and bids. In addition, the official issuing building
19 permits shall affix the roofing contractor license number to
20 each application for a building permit and on each building
21 permit issued and recorded.
22     (a-5) If an applicant for a building permit with a unit of
23 local government knowingly submits a roofing license number
24 that is not that of the roofing contractor who will be the
25 subcontractor for the project for which the applicant has

 

 

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1 requested the permit, the applicant shall be guilty of identity
2 theft under subsection (a) of Section 16G-15 of the Criminal
3 Code of 1961.
4     (b) In addition, every roofing contractor shall affix the
5 roofing contractor license number and the licensee's name, as
6 it appears on the license, on all commercial vehicles used as
7 part of his or her business as a roofing contractor.
8     (c) Every holder of a license shall display it in a
9 conspicuous place in his or her principal office, place of
10 business, or place of employment.
11     (d) No person licensed under this Act may advertise
12 services regulated by this Act unless that person includes in
13 the advertisement his or her license number. Nothing contained
14 in this subsection requires the publisher of advertising for
15 roofing contractor services to investigate or verify the
16 accuracy of the license number provided by the licensee.
17     (e) A person who advertises services regulated by this Act
18 who knowingly (i) fails to display the license number in any
19 manner required by this Section, (ii) fails to provide a
20 publisher with the correct license number as required by
21 subsection (d), or (iii) provides a publisher with a false
22 license number or a license number of another person, or a
23 person who knowingly allows his or her license number to be
24 displayed or used by another person to circumvent any
25 provisions of this Section, is guilty of a Class A misdemeanor
26 with a fine of $1,000, and, in addition, is subject to the

 

 

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1 administrative enforcement provisions of this Act. Each day
2 that an advertisement runs or each day that a person knowingly
3 allows his or her license to be displayed or used in violation
4 of this Section constitutes a separate offense.
5 (Source: P.A. 94-254, eff. 7-19-05.)