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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Roofing Industry Licensing Act is | ||||||
5 | amended by changing Sections 5 and 9.1 as follows:
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6 | (225 ILCS 335/5) (from Ch. 111, par. 7505)
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7 | (Section scheduled to be repealed on January 1, 2016)
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8 | Sec. 5. Display of license number; advertising.
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9 | (a) Each State licensed roofing contractor shall
affix the | ||||||
10 | roofing contractor license number and the licensee's name, as | ||||||
11 | it appears on the license, the
license number of his or her | ||||||
12 | license to all of his
or
her contracts and bids. In
addition, | ||||||
13 | the official issuing building permits shall affix the
roofing | ||||||
14 | contractor license number to each application for a building | ||||||
15 | permit
and on
each building permit issued and recorded.
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16 | (a-5) A person who knowingly, in the course of applying If | ||||||
17 | a general contractor applies for a building permit with a unit | ||||||
18 | of local government , provides the and knowingly submits a | ||||||
19 | roofing license number that is not that of a the roofing | ||||||
20 | contractor whom he or she does not intend to have perform the | ||||||
21 | work on the roofing portion of who will be the subcontractor | ||||||
22 | for the project commits for which the general contractor has | ||||||
23 | requested the permit, the general contractor shall be guilty of |
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| |||||||
1 | identity theft under paragraph (8) of subsection (a) of Section | ||||||
2 | 16G-15 of the Criminal Code of 1961. | ||||||
3 | (b) In addition, every roofing contractor shall affix the
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4 | roofing
contractor license number and the licensee's name, as | ||||||
5 | it appears on the license, on all commercial vehicles used as
| ||||||
6 | part
of his
or her business as a roofing contractor.
| ||||||
7 | (c) Every holder of a license shall
display it in a
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8 | conspicuous place in his or her principal office, place of | ||||||
9 | business, or place
of employment.
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10 | (d) No person licensed under this Act may advertise | ||||||
11 | services regulated by
this Act unless that person includes in | ||||||
12 | the advertisement the roofing contractor license number and the | ||||||
13 | licensee's name, as it appears on the license his or her | ||||||
14 | license
number . Nothing contained in this subsection requires | ||||||
15 | the publisher of
advertising for roofing contractor services to | ||||||
16 | investigate or verify the
accuracy of the
license number | ||||||
17 | provided by the licensee.
| ||||||
18 | (e) A person who advertises services regulated by this Act | ||||||
19 | who knowingly (i)
fails to display the license number and the | ||||||
20 | licensee's name, as it appears on the license, in any manner | ||||||
21 | required by this Section,
(ii) fails to provide a publisher | ||||||
22 | with the correct license number as required
by subsection (d), | ||||||
23 | or (iii) provides a publisher with a false license number or
a | ||||||
24 | license number of another person, or a person who knowingly | ||||||
25 | allows his or her
license number to be displayed or used by | ||||||
26 | another person to circumvent any
provisions of this Section, is |
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1 | guilty of a Class A misdemeanor with a fine of
$1,000, and, in | ||||||
2 | addition, is subject to the administrative enforcement
| ||||||
3 | provisions of this Act.
Each day that an advertisement runs or | ||||||
4 | each day that a person knowingly allows
his or her license to | ||||||
5 | be displayed or used in violation of this Section
constitutes a | ||||||
6 | separate offense.
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7 | (Source: P.A. 96-624, eff. 1-1-10.)
| ||||||
8 | (225 ILCS 335/9.1) (from Ch. 111, par. 7509.1) | ||||||
9 | (Section scheduled to be repealed on January 1, 2016) | ||||||
10 | Sec. 9.1. Grounds for disciplinary action. The Department | ||||||
11 | may refuse
to issue or to renew, or may revoke, suspend, place | ||||||
12 | on probation, reprimand
or take other disciplinary or | ||||||
13 | non-disciplinary action as the Department may deem proper,
| ||||||
14 | including fines not to exceed $10,000 for each violation, with | ||||||
15 | regard to any
license for any one or combination of the | ||||||
16 | following causes: | ||||||
17 | (a) violation of this Act or its rules; | ||||||
18 | (b) conviction or plea of guilty or nolo contendere of | ||||||
19 | any crime under the laws of the United States or any state | ||||||
20 | or territory thereof that is (i) a felony or (ii) a | ||||||
21 | misdemeanor, an essential element
of which is dishonesty or | ||||||
22 | that is
directly related to the
practice of the profession; | ||||||
23 | (c) making any misrepresentation for the purpose of | ||||||
24 | obtaining a license; | ||||||
25 | (d) professional incompetence or gross negligence in |
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1 | the practice of
roofing contracting, prima facie evidence | ||||||
2 | of which may be a conviction or judgment in any court of | ||||||
3 | competent jurisdiction against an applicant or licensee | ||||||
4 | relating to the practice of roofing contracting or the | ||||||
5 | construction of a roof or repair thereof that results in | ||||||
6 | leakage within 90 days after the completion of such work; | ||||||
7 | (e) (blank); | ||||||
8 | (f) aiding or assisting another person in violating any | ||||||
9 | provision of
this Act or rules; | ||||||
10 | (g) failing, within 60 days, to provide information in | ||||||
11 | response to a
written request made by the Department which | ||||||
12 | has been sent by certified or
registered mail to the | ||||||
13 | licensee's last known address; | ||||||
14 | (h) engaging in dishonorable, unethical, or | ||||||
15 | unprofessional conduct of a
character likely to deceive, | ||||||
16 | defraud, or harm the public; | ||||||
17 | (i) habitual or excessive use or addiction to alcohol, | ||||||
18 | narcotics,
stimulants or any other chemical agent or drug | ||||||
19 | which results in the
inability to practice with reasonable | ||||||
20 | judgment, skill, or safety; | ||||||
21 | (j) discipline by another U.S. jurisdiction or foreign | ||||||
22 | nation, if at
least one of the grounds for the discipline | ||||||
23 | is the same or substantially
equivalent to those set forth | ||||||
24 | in this Section; | ||||||
25 | (k) directly or indirectly giving to or receiving from | ||||||
26 | any person, firm,
corporation, partnership, or association |
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1 | any fee, commission, rebate, or
other form of compensation | ||||||
2 | for any professional services not actually or
personally | ||||||
3 | rendered; | ||||||
4 | (l) a finding by the Department that the licensee, | ||||||
5 | after having his
or her license placed on probationary | ||||||
6 | status has violated the terms of
probation; | ||||||
7 | (m) a finding by any court of competent jurisdiction, | ||||||
8 | either within or
without this State, of any violation of | ||||||
9 | any law governing the practice of
roofing contracting, if | ||||||
10 | the Department determines, after investigation,
that such | ||||||
11 | person has not been sufficiently rehabilitated to warrant | ||||||
12 | the
public trust; | ||||||
13 | (n) a finding that licensure has been applied for or | ||||||
14 | obtained by
fraudulent means; | ||||||
15 | (o) practicing, attempting to practice, or advertising | ||||||
16 | under
a name
other than the
full name as shown on the | ||||||
17 | license or any other legally authorized name; | ||||||
18 | (p) gross and willful overcharging for professional | ||||||
19 | services including
filing false statements for collection | ||||||
20 | of fees or monies for which services
are not rendered; | ||||||
21 | (q) failure to file a return, or to pay the tax, | ||||||
22 | penalty or interest
shown in a filed return, or to pay any | ||||||
23 | final assessment of tax, penalty or
interest, as required | ||||||
24 | by any tax Act administered by the Illinois
Department of | ||||||
25 | Revenue, until such time as the requirements of any such | ||||||
26 | tax
Act are satisfied; |
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1 | (r) the Department shall deny any license or renewal | ||||||
2 | under this
Act to any person who has defaulted on an | ||||||
3 | educational loan guaranteed by
the Illinois State | ||||||
4 | Scholarship Commission; however, the Department may
issue | ||||||
5 | a license or renewal if the person in default has | ||||||
6 | established a
satisfactory repayment record as determined | ||||||
7 | by the Illinois State
Scholarship Commission; | ||||||
8 | (s) failure to continue to meet the requirements of | ||||||
9 | this Act shall be
deemed a violation; | ||||||
10 | (t) physical or mental disability, including | ||||||
11 | deterioration through the
aging process or loss of | ||||||
12 | abilities and skills that result in an inability to
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13 | practice the profession with reasonable judgment, skill, | ||||||
14 | or safety; | ||||||
15 | (u) material misstatement in furnishing information to | ||||||
16 | the Department or
to
any other State agency; | ||||||
17 | (v) the determination by a court that a licensee is | ||||||
18 | subject to involuntary
admission or judicial admission as | ||||||
19 | provided in the Mental Health and
Developmental | ||||||
20 | Disabilities Code will result in an automatic suspension of | ||||||
21 | his
or her license. The suspension will end upon a finding | ||||||
22 | by a court that the
licensee is no longer subject to | ||||||
23 | involuntary admission or judicial admission,
the issuance | ||||||
24 | of an order so finding and discharging the patient, and the
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25 | recommendation of the Board to the Director that the | ||||||
26 | licensee be allowed to
resume professional practice; |
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1 | (w) advertising in any manner that is false, | ||||||
2 | misleading, or deceptive; | ||||||
3 | (x) taking undue advantage of a customer, which results | ||||||
4 | in the perpetration of a fraud; | ||||||
5 | (y) performing any act or practice that is a violation | ||||||
6 | of the Consumer Fraud and Deceptive Business Practices Act; | ||||||
7 | (z) engaging in the practice of roofing contracting, as | ||||||
8 | defined in this Act, with a suspended, revoked, or | ||||||
9 | cancelled license; | ||||||
10 | (aa) treating any person differently to the person's | ||||||
11 | detriment because of race, color, creed, gender, age, | ||||||
12 | religion, or national origin; | ||||||
13 | (bb) knowingly making any false statement, oral, | ||||||
14 | written, or otherwise, of a character likely to influence, | ||||||
15 | persuade, or induce others in the course of obtaining or | ||||||
16 | performing roofing contracting services; or | ||||||
17 | (cc) violation of any final administrative action of | ||||||
18 | the Secretary ; .
| ||||||
19 | (dd) allowing the use of his or her roofing license by | ||||||
20 | an unlicensed roofing contractor for the purposes of | ||||||
21 | providing roofing or waterproofing services; or | ||||||
22 | (ee) aiding or assisting another person in violating | ||||||
23 | any provision of this Act or its rules, including, but not | ||||||
24 | limited to, Section 9 of this Act. | ||||||
25 | The changes to this Act made by this amendatory Act of 1997 | ||||||
26 | apply only
to disciplinary actions relating to events occurring |
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1 | after the effective date
of
this amendatory Act of 1997. | ||||||
2 | (Source: P.A. 95-303, eff. 1-1-08.) | ||||||
3 | Section 10. The Criminal Code of 1961 is amended by | ||||||
4 | changing Section 16G-15 as follows:
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5 | (720 ILCS 5/16G-15)
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6 | Sec. 16G-15. Identity theft.
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7 | (a) A person commits the offense of identity theft when he | ||||||
8 | or
she
knowingly:
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9 | (1) uses any personal
identifying information or | ||||||
10 | personal identification document of another
person to | ||||||
11 | fraudulently obtain credit, money, goods, services, or | ||||||
12 | other
property, or
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13 | (2) uses any personal identification information or | ||||||
14 | personal
identification document of another with intent to | ||||||
15 | commit any felony theft
or other felony violation of State | ||||||
16 | law not set forth in
paragraph (1) of this subsection (a), | ||||||
17 | or
| ||||||
18 | (3) obtains, records, possesses, sells, transfers, | ||||||
19 | purchases, or
manufactures any personal identification | ||||||
20 | information or personal
identification document of another | ||||||
21 | with intent to commit or to aid or abet
another in | ||||||
22 | committing any felony theft or other felony violation of
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23 | State law, or
| ||||||
24 | (4) uses, obtains, records, possesses, sells, |
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1 | transfers, purchases,
or manufactures any personal | ||||||
2 | identification information or
personal identification | ||||||
3 | document of another knowing that such
personal | ||||||
4 | identification information or personal identification
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5 | documents were stolen or produced without lawful | ||||||
6 | authority, or
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7 | (5) uses, transfers, or possesses document-making | ||||||
8 | implements to
produce false identification or false | ||||||
9 | documents with knowledge that
they will be used by the | ||||||
10 | person or another to commit any felony theft or other
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11 | felony violation of State law, or
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12 | (6) uses any personal identification information or | ||||||
13 | personal identification document of another to portray | ||||||
14 | himself or herself as that person, or otherwise, for the | ||||||
15 | purpose of gaining access to any personal identification | ||||||
16 | information or personal identification document of that | ||||||
17 | person, without the prior express permission of that | ||||||
18 | person, or | ||||||
19 | (7) uses any personal identification information or | ||||||
20 | personal identification document of another for the | ||||||
21 | purpose of gaining access to any record of the actions | ||||||
22 | taken, communications made or received, or other | ||||||
23 | activities or transactions of that person, without the | ||||||
24 | prior express permission of that person , or .
| ||||||
25 | (8) in the course of applying for a building permit | ||||||
26 | with a unit of a local government, provides the license |
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1 | number of a roofing contractor whom he or she does not | ||||||
2 | intend to have perform the work on the roofing portion of | ||||||
3 | the project. It is an affirmative defense to prosecution | ||||||
4 | under this paragraph (8) that the building permit applicant | ||||||
5 | promptly informed the unit of local government that issued | ||||||
6 | the building permit of any change in the roofing | ||||||
7 | contractor. | ||||||
8 | (b) Knowledge shall be determined by an evaluation of all | ||||||
9 | circumstances
surrounding the use of the other
person's | ||||||
10 | identifying information or document.
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11 | (c) When a charge of identity theft of credit, money, | ||||||
12 | goods,
services, or other property
exceeding a specified value | ||||||
13 | is brought the value of the credit, money, goods,
services, or | ||||||
14 | other property is
an element of the offense to be resolved by | ||||||
15 | the trier of fact as either
exceeding or not exceeding the
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16 | specified value.
| ||||||
17 | (d) Sentence.
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18 | (1) A person convicted of identity theft in violation | ||||||
19 | of paragraph (1)
of subsection (a) shall be sentenced as | ||||||
20 | follows:
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21 | (A) Identity theft of credit, money, goods, | ||||||
22 | services, or
other
property not exceeding $300 in
value | ||||||
23 | is a Class 4 felony. A person who has been previously | ||||||
24 | convicted of
identity theft of
less than $300 who is | ||||||
25 | convicted of a second or subsequent offense of
identity | ||||||
26 | theft of less than
$300 is guilty of a Class 3 felony. |
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1 | A person who has been convicted of identity
theft of | ||||||
2 | less than
$300 who has been previously convicted of any | ||||||
3 | type of theft, robbery, armed
robbery, burglary, | ||||||
4 | residential
burglary, possession of burglary tools, | ||||||
5 | home invasion, home repair fraud,
aggravated home | ||||||
6 | repair fraud, or
financial exploitation of an elderly | ||||||
7 | or disabled person is guilty of a Class 3
felony. | ||||||
8 | Identity theft of credit, money, goods, services, or
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9 | other
property not exceeding $300 in
value when the | ||||||
10 | victim of the identity theft is an active duty member | ||||||
11 | of the Armed Services or Reserve Forces of the United | ||||||
12 | States or of the Illinois National Guard serving in a | ||||||
13 | foreign country is a Class 3 felony. A person who has | ||||||
14 | been previously convicted of
identity theft of
less | ||||||
15 | than $300 who is convicted of a second or subsequent | ||||||
16 | offense of
identity theft of less than
$300 when the | ||||||
17 | victim of the identity theft is an active duty member | ||||||
18 | of the Armed Services or Reserve Forces of the United | ||||||
19 | States or of the Illinois National Guard serving in a | ||||||
20 | foreign country is guilty of a Class 2 felony. A person | ||||||
21 | who has been convicted of identity
theft of less than
| ||||||
22 | $300 when the victim of the identity theft is an active | ||||||
23 | duty member of the Armed Services or Reserve Forces of | ||||||
24 | the United States or of the Illinois National Guard | ||||||
25 | serving in a foreign country who has been previously | ||||||
26 | convicted of any type of theft, robbery, armed
robbery, |
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1 | burglary, residential
burglary, possession of burglary | ||||||
2 | tools, home invasion, home repair fraud,
aggravated | ||||||
3 | home repair fraud, or
financial exploitation of an | ||||||
4 | elderly or disabled person is guilty of a Class 2
| ||||||
5 | felony. When a person has any
such prior conviction, | ||||||
6 | the information or indictment charging that person | ||||||
7 | shall
state the prior conviction so
as to give notice | ||||||
8 | of the State's intention to treat the charge as a Class | ||||||
9 | 3 felony. The
fact of the prior conviction is
not an | ||||||
10 | element of the offense and may not be disclosed to the | ||||||
11 | jury during trial
unless otherwise permitted
by issues | ||||||
12 | properly raised during the trial.
| ||||||
13 | (B) Identity theft of credit, money, goods,
| ||||||
14 | services, or other
property exceeding $300 and not
| ||||||
15 | exceeding $2,000 in value is a Class 3 felony. Identity | ||||||
16 | theft of credit, money, goods,
services, or other
| ||||||
17 | property exceeding $300 and not
exceeding $2,000 in | ||||||
18 | value when the victim of the identity theft is an | ||||||
19 | active duty member of the Armed Services or Reserve | ||||||
20 | Forces of the United States or of the Illinois National | ||||||
21 | Guard serving in a foreign country is a Class 2 felony.
| ||||||
22 | (C) Identity theft of credit, money, goods,
| ||||||
23 | services, or other
property exceeding $2,000 and not
| ||||||
24 | exceeding $10,000 in value is a Class 2 felony. | ||||||
25 | Identity theft of credit, money, goods,
services, or | ||||||
26 | other
property exceeding $2,000 and not
exceeding |
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| |||||||
1 | $10,000 in value when the victim of the identity theft | ||||||
2 | is an active duty member of the Armed Services or | ||||||
3 | Reserve Forces of the United States or of the Illinois | ||||||
4 | National Guard serving in a foreign country is a Class | ||||||
5 | 1 felony.
| ||||||
6 | (D) Identity theft of credit, money, goods,
| ||||||
7 | services, or other
property exceeding $10,000 and
not | ||||||
8 | exceeding $100,000 in value is a Class 1 felony. | ||||||
9 | Identity theft of credit, money, goods,
services, or | ||||||
10 | other
property exceeding $10,000 and
not exceeding | ||||||
11 | $100,000 in value when the victim of the identity theft | ||||||
12 | is an active duty member of the Armed Services or | ||||||
13 | Reserve Forces of the United States or of the Illinois | ||||||
14 | National Guard serving in a foreign country is a Class | ||||||
15 | X felony.
| ||||||
16 | (E) Identity theft of credit, money, goods,
| ||||||
17 | services, or
other property exceeding $100,000 in
| ||||||
18 | value is a Class X felony.
| ||||||
19 | (2) A person convicted of any offense enumerated in | ||||||
20 | paragraphs
(2) through (7) of subsection (a) is guilty of a | ||||||
21 | Class 3 felony. A person convicted of any offense | ||||||
22 | enumerated in paragraphs
(2) through (7) of subsection (a) | ||||||
23 | when the victim of the identity theft is an active duty | ||||||
24 | member of the Armed Services or Reserve Forces of the | ||||||
25 | United States or of the Illinois National Guard serving in | ||||||
26 | a foreign country is guilty of a Class 2 felony.
|
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| |||||||
1 | (3) A person convicted of any offense enumerated in | ||||||
2 | paragraphs
(2) through (5) of subsection (a) a second or | ||||||
3 | subsequent time is
guilty of a Class 2 felony. A person | ||||||
4 | convicted of any offense enumerated in paragraphs
(2) | ||||||
5 | through (5) of subsection (a) a second or subsequent time | ||||||
6 | when the victim of the identity theft is an active duty | ||||||
7 | member of the Armed Services or Reserve Forces of the | ||||||
8 | United States or of the Illinois National Guard serving in | ||||||
9 | a foreign country is
guilty of a Class 1 felony.
| ||||||
10 | (4) A person who, within a 12 month period, is found in | ||||||
11 | violation
of any offense enumerated in paragraphs (2) | ||||||
12 | through (7) of
subsection (a) with respect to the | ||||||
13 | identifiers of, or other information relating to, 3 or more
| ||||||
14 | separate individuals, at the same time or consecutively, is | ||||||
15 | guilty
of a Class 2 felony. A person who, within a 12 month | ||||||
16 | period, is found in violation
of any offense enumerated in | ||||||
17 | paragraphs (2) through (7) of
subsection (a) with respect | ||||||
18 | to the identifiers of, or other information relating to, 3 | ||||||
19 | or more
separate individuals, at the same time or | ||||||
20 | consecutively, when the victim of the identity theft is an | ||||||
21 | active duty member of the Armed Services or Reserve Forces | ||||||
22 | of the United States or of the Illinois National Guard | ||||||
23 | serving in a foreign country is guilty
of a Class 1 felony.
| ||||||
24 | (5) A person convicted of identity theft in violation | ||||||
25 | of paragraph (2) of subsection (a) who uses any personal | ||||||
26 | identification information or personal
identification |
| |||||||
| |||||||
1 | document of another to purchase methamphetamine | ||||||
2 | manufacturing material as defined in Section 10 of the | ||||||
3 | Methamphetamine Control and Community Protection Act with | ||||||
4 | the intent to unlawfully manufacture methamphetamine is | ||||||
5 | guilty of a Class 2 felony for a first offense and a Class | ||||||
6 | 1 felony for a second or subsequent offense.
A person | ||||||
7 | convicted of identity theft in violation of paragraph (2) | ||||||
8 | of subsection (a) who uses any personal identification | ||||||
9 | information or personal
identification document of another | ||||||
10 | to purchase methamphetamine manufacturing material as | ||||||
11 | defined in Section 10 of the Methamphetamine Control and | ||||||
12 | Community Protection Act with the intent to unlawfully | ||||||
13 | manufacture methamphetamine when the victim of the | ||||||
14 | identity theft is an active duty member of the Armed | ||||||
15 | Services or Reserve Forces of the United States or of the | ||||||
16 | Illinois National Guard serving in a foreign country is | ||||||
17 | guilty of a Class 1 felony for a first offense and a Class | ||||||
18 | X felony for a second or subsequent offense.
| ||||||
19 | (6) A person convicted of identity theft in violation | ||||||
20 | of paragraph (8) of subsection (a) of this Section shall be | ||||||
21 | guilty of a Class 4 felony. | ||||||
22 | (Source: P.A. 94-39, eff. 6-16-05; 94-827, eff. 1-1-07; | ||||||
23 | 94-1008, eff. 7-5-06; 95-60, eff. 1-1-08; 95-331, eff. | ||||||
24 | 8-21-07.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|