Business & Occupational Licenses Committee
Adopted in House Comm. on Mar 03, 2010
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1 | AMENDMENT TO HOUSE BILL 5514
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2 | AMENDMENT NO. ______. Amend House Bill 5514 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Roofing Industry Licensing Act is | ||||||
5 | amended by changing Section 5 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7 | (Section scheduled to be repealed on January 1, 2016)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 |
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1 | a general contractor applies for a building permit with a unit | ||||||
2 | of local government , provides the and knowingly submits a | ||||||
3 | roofing license number that is not that of a the roofing | ||||||
4 | contractor whom he or she does not intend to have perform the | ||||||
5 | work on the roofing portion of who will be the subcontractor | ||||||
6 | for the project commits for which the general contractor has | ||||||
7 | requested the permit, the general contractor shall be guilty of | ||||||
8 | identity theft under paragraph (8) of subsection (a) of Section | ||||||
9 | 16G-15 of the Criminal Code of 1961. | ||||||
10 | (b) In addition, every roofing contractor shall affix the
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11 | roofing
contractor license number and the licensee's name, as | ||||||
12 | it appears on the license, on all commercial vehicles used as
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13 | part
of his
or her business as a roofing contractor.
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14 | (c) Every holder of a license shall
display it in a
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15 | conspicuous place in his or her principal office, place of | ||||||
16 | business, or place
of employment.
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17 | (d) No person licensed under this Act may advertise | ||||||
18 | services regulated by
this Act unless that person includes in | ||||||
19 | the advertisement the roofing contractor license number and the | ||||||
20 | licensee's name, as it appears on the license his or her | ||||||
21 | license
number . Nothing contained in this subsection requires | ||||||
22 | the publisher of
advertising for roofing contractor services to | ||||||
23 | investigate or verify the
accuracy of the
license number | ||||||
24 | provided by the licensee.
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25 | (e) A person who advertises services regulated by this Act | ||||||
26 | who knowingly (i)
fails to display the license number and the |
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1 | licensee's name, as it appears on the license, in any manner | ||||||
2 | required by this Section,
(ii) fails to provide a publisher | ||||||
3 | with the correct license number as required
by subsection (d), | ||||||
4 | or (iii) provides a publisher with a false license number or
a | ||||||
5 | license number of another person, or a person who knowingly | ||||||
6 | allows his or her
license number to be displayed or used by | ||||||
7 | another person to circumvent any
provisions of this Section, is | ||||||
8 | guilty of a Class A misdemeanor with a fine of
$1,000, and, in | ||||||
9 | addition, is subject to the administrative enforcement
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10 | provisions of this Act.
Each day that an advertisement runs or | ||||||
11 | each day that a person knowingly allows
his or her license to | ||||||
12 | be displayed or used in violation of this Section
constitutes a | ||||||
13 | separate offense.
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14 | (Source: P.A. 96-624, eff. 1-1-10.)
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15 | Section 10. The Criminal Code of 1961 is amended by | ||||||
16 | changing Section 16G-15 as follows:
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17 | (720 ILCS 5/16G-15)
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18 | Sec. 16G-15. Identity theft.
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19 | (a) A person commits the offense of identity theft when he | ||||||
20 | or
she
knowingly:
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21 | (1) uses any personal
identifying information or | ||||||
22 | personal identification document of another
person to | ||||||
23 | fraudulently obtain credit, money, goods, services, or | ||||||
24 | other
property, or
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1 | (2) uses any personal identification information or | ||||||
2 | personal
identification document of another with intent to | ||||||
3 | commit any felony theft
or other felony violation of State | ||||||
4 | law not set forth in
paragraph (1) of this subsection (a), | ||||||
5 | or
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6 | (3) obtains, records, possesses, sells, transfers, | ||||||
7 | purchases, or
manufactures any personal identification | ||||||
8 | information or personal
identification document of another | ||||||
9 | with intent to commit or to aid or abet
another in | ||||||
10 | committing any felony theft or other felony violation of
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11 | State law, or
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12 | (4) uses, obtains, records, possesses, sells, | ||||||
13 | transfers, purchases,
or manufactures any personal | ||||||
14 | identification information or
personal identification | ||||||
15 | document of another knowing that such
personal | ||||||
16 | identification information or personal identification
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17 | documents were stolen or produced without lawful | ||||||
18 | authority, or
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19 | (5) uses, transfers, or possesses document-making | ||||||
20 | implements to
produce false identification or false | ||||||
21 | documents with knowledge that
they will be used by the | ||||||
22 | person or another to commit any felony theft or other
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23 | felony violation of State law, or
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24 | (6) uses any personal identification information or | ||||||
25 | personal identification document of another to portray | ||||||
26 | himself or herself as that person, or otherwise, for the |
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1 | purpose of gaining access to any personal identification | ||||||
2 | information or personal identification document of that | ||||||
3 | person, without the prior express permission of that | ||||||
4 | person, or | ||||||
5 | (7) uses any personal identification information or | ||||||
6 | personal identification document of another for the | ||||||
7 | purpose of gaining access to any record of the actions | ||||||
8 | taken, communications made or received, or other | ||||||
9 | activities or transactions of that person, without the | ||||||
10 | prior express permission of that person , or .
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11 | (8) in the course of applying for a building permit | ||||||
12 | with a unit of a local government, provides the license | ||||||
13 | number of a roofing contractor whom he or she does not | ||||||
14 | intend to have perform the work on the roofing portion of | ||||||
15 | the project. It is an affirmative defense to prosecution | ||||||
16 | under this paragraph (8) that the building permit applicant | ||||||
17 | promptly informed the unit of local government that issued | ||||||
18 | the building permit of any change in the roofing | ||||||
19 | contractor. | ||||||
20 | (b) Knowledge shall be determined by an evaluation of all | ||||||
21 | circumstances
surrounding the use of the other
person's | ||||||
22 | identifying information or document.
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23 | (c) When a charge of identity theft of credit, money, | ||||||
24 | goods,
services, or other property
exceeding a specified value | ||||||
25 | is brought the value of the credit, money, goods,
services, or | ||||||
26 | other property is
an element of the offense to be resolved by |
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1 | the trier of fact as either
exceeding or not exceeding the
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2 | specified value.
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3 | (d) Sentence.
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4 | (1) A person convicted of identity theft in violation | ||||||
5 | of paragraph (1)
of subsection (a) shall be sentenced as | ||||||
6 | follows:
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7 | (A) Identity theft of credit, money, goods, | ||||||
8 | services, or
other
property not exceeding $300 in
value | ||||||
9 | is a Class 4 felony. A person who has been previously | ||||||
10 | convicted of
identity theft of
less than $300 who is | ||||||
11 | convicted of a second or subsequent offense of
identity | ||||||
12 | theft of less than
$300 is guilty of a Class 3 felony. | ||||||
13 | A person who has been convicted of identity
theft of | ||||||
14 | less than
$300 who has been previously convicted of any | ||||||
15 | type of theft, robbery, armed
robbery, burglary, | ||||||
16 | residential
burglary, possession of burglary tools, | ||||||
17 | home invasion, home repair fraud,
aggravated home | ||||||
18 | repair fraud, or
financial exploitation of an elderly | ||||||
19 | or disabled person is guilty of a Class 3
felony. | ||||||
20 | Identity theft of credit, money, goods, services, or
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21 | other
property not exceeding $300 in
value when the | ||||||
22 | victim of the identity theft is an active duty member | ||||||
23 | of the Armed Services or Reserve Forces of the United | ||||||
24 | States or of the Illinois National Guard serving in a | ||||||
25 | foreign country is a Class 3 felony. A person who has | ||||||
26 | been previously convicted of
identity theft of
less |
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1 | than $300 who is convicted of a second or subsequent | ||||||
2 | offense of
identity theft of less than
$300 when the | ||||||
3 | victim of the identity theft is an active duty member | ||||||
4 | of the Armed Services or Reserve Forces of the United | ||||||
5 | States or of the Illinois National Guard serving in a | ||||||
6 | foreign country is guilty of a Class 2 felony. A person | ||||||
7 | who has been convicted of identity
theft of less than
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8 | $300 when the victim of the identity theft is an active | ||||||
9 | duty member of the Armed Services or Reserve Forces of | ||||||
10 | the United States or of the Illinois National Guard | ||||||
11 | serving in a foreign country who has been previously | ||||||
12 | convicted of any type of theft, robbery, armed
robbery, | ||||||
13 | burglary, residential
burglary, possession of burglary | ||||||
14 | tools, home invasion, home repair fraud,
aggravated | ||||||
15 | home repair fraud, or
financial exploitation of an | ||||||
16 | elderly or disabled person is guilty of a Class 2
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17 | felony. When a person has any
such prior conviction, | ||||||
18 | the information or indictment charging that person | ||||||
19 | shall
state the prior conviction so
as to give notice | ||||||
20 | of the State's intention to treat the charge as a Class | ||||||
21 | 3 felony. The
fact of the prior conviction is
not an | ||||||
22 | element of the offense and may not be disclosed to the | ||||||
23 | jury during trial
unless otherwise permitted
by issues | ||||||
24 | properly raised during the trial.
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25 | (B) Identity theft of credit, money, goods,
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26 | services, or other
property exceeding $300 and not
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1 | exceeding $2,000 in value is a Class 3 felony. Identity | ||||||
2 | theft of credit, money, goods,
services, or other
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3 | property exceeding $300 and not
exceeding $2,000 in | ||||||
4 | value when the victim of the identity theft is an | ||||||
5 | active duty member of the Armed Services or Reserve | ||||||
6 | Forces of the United States or of the Illinois National | ||||||
7 | Guard serving in a foreign country is a Class 2 felony.
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8 | (C) Identity theft of credit, money, goods,
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9 | services, or other
property exceeding $2,000 and not
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10 | exceeding $10,000 in value is a Class 2 felony. | ||||||
11 | Identity theft of credit, money, goods,
services, or | ||||||
12 | other
property exceeding $2,000 and not
exceeding | ||||||
13 | $10,000 in value when the victim of the identity theft | ||||||
14 | is an active duty member of the Armed Services or | ||||||
15 | Reserve Forces of the United States or of the Illinois | ||||||
16 | National Guard serving in a foreign country is a Class | ||||||
17 | 1 felony.
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18 | (D) Identity theft of credit, money, goods,
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19 | services, or other
property exceeding $10,000 and
not | ||||||
20 | exceeding $100,000 in value is a Class 1 felony. | ||||||
21 | Identity theft of credit, money, goods,
services, or | ||||||
22 | other
property exceeding $10,000 and
not exceeding | ||||||
23 | $100,000 in value when the victim of the identity theft | ||||||
24 | is an active duty member of the Armed Services or | ||||||
25 | Reserve Forces of the United States or of the Illinois | ||||||
26 | National Guard serving in a foreign country is a Class |
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1 | X felony.
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2 | (E) Identity theft of credit, money, goods,
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3 | services, or
other property exceeding $100,000 in
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4 | value is a Class X felony.
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5 | (2) A person convicted of any offense enumerated in | ||||||
6 | paragraphs
(2) through (7) of subsection (a) is guilty of a | ||||||
7 | Class 3 felony. A person convicted of any offense | ||||||
8 | enumerated in paragraphs
(2) through (7) of subsection (a) | ||||||
9 | when the victim of the identity theft is an active duty | ||||||
10 | member of the Armed Services or Reserve Forces of the | ||||||
11 | United States or of the Illinois National Guard serving in | ||||||
12 | a foreign country is guilty of a Class 2 felony.
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13 | (3) A person convicted of any offense enumerated in | ||||||
14 | paragraphs
(2) through (5) of subsection (a) a second or | ||||||
15 | subsequent time is
guilty of a Class 2 felony. A person | ||||||
16 | convicted of any offense enumerated in paragraphs
(2) | ||||||
17 | through (5) of subsection (a) a second or subsequent time | ||||||
18 | when the victim of the identity theft is an active duty | ||||||
19 | member of the Armed Services or Reserve Forces of the | ||||||
20 | United States or of the Illinois National Guard serving in | ||||||
21 | a foreign country is
guilty of a Class 1 felony.
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22 | (4) A person who, within a 12 month period, is found in | ||||||
23 | violation
of any offense enumerated in paragraphs (2) | ||||||
24 | through (7) of
subsection (a) with respect to the | ||||||
25 | identifiers of, or other information relating to, 3 or more
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26 | separate individuals, at the same time or consecutively, is |
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1 | guilty
of a Class 2 felony. A person who, within a 12 month | ||||||
2 | period, is found in violation
of any offense enumerated in | ||||||
3 | paragraphs (2) through (7) of
subsection (a) with respect | ||||||
4 | to the identifiers of, or other information relating to, 3 | ||||||
5 | or more
separate individuals, at the same time or | ||||||
6 | consecutively, when the victim of the identity theft is an | ||||||
7 | active duty member of the Armed Services or Reserve Forces | ||||||
8 | of the United States or of the Illinois National Guard | ||||||
9 | serving in a foreign country is guilty
of a Class 1 felony.
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10 | (5) A person convicted of identity theft in violation | ||||||
11 | of paragraph (2) of subsection (a) who uses any personal | ||||||
12 | identification information or personal
identification | ||||||
13 | document of another to purchase methamphetamine | ||||||
14 | manufacturing material as defined in Section 10 of the | ||||||
15 | Methamphetamine Control and Community Protection Act with | ||||||
16 | the intent to unlawfully manufacture methamphetamine is | ||||||
17 | guilty of a Class 2 felony for a first offense and a Class | ||||||
18 | 1 felony for a second or subsequent offense.
A person | ||||||
19 | convicted of identity theft in violation of paragraph (2) | ||||||
20 | of subsection (a) who uses any personal identification | ||||||
21 | information or personal
identification document of another | ||||||
22 | to purchase methamphetamine manufacturing material as | ||||||
23 | defined in Section 10 of the Methamphetamine Control and | ||||||
24 | Community Protection Act with the intent to unlawfully | ||||||
25 | manufacture methamphetamine when the victim of the | ||||||
26 | identity theft is an active duty member of the Armed |
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1 | Services or Reserve Forces of the United States or of the | ||||||
2 | Illinois National Guard serving in a foreign country is | ||||||
3 | guilty of a Class 1 felony for a first offense and a Class | ||||||
4 | X felony for a second or subsequent offense.
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5 | (6) A person convicted of identity theft in violation | ||||||
6 | of paragraph (8) of subsection (a) of this Section shall be | ||||||
7 | guilty of a Class 4 felony. | ||||||
8 | (Source: P.A. 94-39, eff. 6-16-05; 94-827, eff. 1-1-07; | ||||||
9 | 94-1008, eff. 7-5-06; 95-60, eff. 1-1-08; 95-331, eff. | ||||||
10 | 8-21-07.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
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