Sen. Iris Y. Martinez
Filed: 4/14/2010
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 5514 




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    AMENDMENT NO. ______. Amend House Bill 5514 on page 1, by 
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replacing line 5 with "amended by changing Sections 5 and 9.1 
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as follows:"; and

 
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on page 3, immediately below line 7, by inserting the 
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following:
 
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    "(225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
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    (Section scheduled to be repealed on January 1, 2016)
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    Sec. 9.1. Grounds for disciplinary action. The Department 
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may refuse
to issue or to renew, or may revoke, suspend, place 
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on probation, reprimand
or take other disciplinary or 
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non-disciplinary action as the Department may deem proper,

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including fines not to exceed $10,000 for each violation, with 
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regard to any
license for any one or combination of the 
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following causes:
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        (a) violation of this Act or its rules;
 


 






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        (b) conviction or plea of guilty or nolo contendere of 
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    any crime under the laws of the United States or any state 
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    or territory thereof that is (i) a felony or (ii) a 
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    misdemeanor, an essential element
of which is dishonesty or 
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    that is

directly related to the
practice of the profession;
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        (c) making any misrepresentation for the purpose of 
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    obtaining a license;
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        (d) professional incompetence or gross negligence in 
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    the practice of
roofing contracting, prima facie evidence 
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    of which may be a conviction or judgment in any court of 
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    competent jurisdiction against an applicant or licensee 
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    relating to the practice of roofing contracting or the 
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    construction of a roof or repair thereof that results in 
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    leakage within 90 days after the completion of such work;
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        (e) (blank);
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        (f) aiding or assisting another person in violating any 
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    provision of
this Act or rules;
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        (g) failing, within 60 days, to provide information in 
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    response to a
written request made by the Department which 
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    has been sent by certified or
registered mail to the 
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    licensee's last known address;
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        (h) engaging in dishonorable, unethical, or 
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    unprofessional conduct of a
character likely to deceive, 
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    defraud, or harm the public;
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        (i) habitual or excessive use or addiction to alcohol, 
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    narcotics,
stimulants or any other chemical agent or drug 
 


 






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    which results in the
inability to practice with reasonable 
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    judgment, skill, or safety;
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        (j) discipline by another U.S. jurisdiction or foreign 
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    nation, if at
least one of the grounds for the discipline 
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    is the same or substantially
equivalent to those set forth 
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    in this Section;
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        (k) directly or indirectly giving to or receiving from 
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    any person, firm,
corporation, partnership, or association 
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    any fee, commission, rebate, or
other form of compensation 
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    for any professional services not actually or
personally 
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    rendered;
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        (l) a finding by the Department that the licensee, 
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    after having his
or her license placed on probationary 
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    status has violated the terms of
probation;
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        (m) a finding by any court of competent jurisdiction, 
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    either within or
without this State, of any violation of 
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    any law governing the practice of
roofing contracting, if 
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    the Department determines, after investigation,
that such 
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    person has not been sufficiently rehabilitated to warrant 
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    the
public trust;
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        (n) a finding that licensure has been applied for or 
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    obtained by
fraudulent means;
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        (o) practicing, attempting to practice, or advertising 
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    under
a name
other than the
full name as shown on the 
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    license or any other legally authorized name;
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        (p) gross and willful overcharging for professional 
 


 






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    services including
filing false statements for collection 
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    of fees or monies for which services
are not rendered;
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        (q) failure to file a return, or to pay the tax, 
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    penalty or interest
shown in a filed return, or to pay any 
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    final assessment of tax, penalty or
interest, as required 
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    by any tax Act administered by the Illinois
Department of 
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    Revenue, until such time as the requirements of any such 
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    tax
Act are satisfied;
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        (r) the Department shall deny any license or renewal 
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    under this
Act to any person who has defaulted on an 
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    educational loan guaranteed by
the Illinois State 
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    Scholarship Commission; however, the Department may
issue 
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    a license or renewal if the person in default has 
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    established a
satisfactory repayment record as determined 
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    by the Illinois State
Scholarship Commission;
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        (s) failure to continue to meet the requirements of 
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    this Act shall be
deemed a violation;
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        (t) physical or mental disability, including 
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    deterioration through the
aging process or loss of 
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    abilities and skills that result in an inability to

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    practice the profession with reasonable judgment, skill, 
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    or safety;
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        (u) material misstatement in furnishing information to 
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    the Department or
to
any other State agency;
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        (v) the determination by a court that a licensee is 
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    subject to involuntary
admission or judicial admission as 
 


 






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    provided in the Mental Health and
Developmental 
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    Disabilities Code will result in an automatic suspension of 
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    his
or her license.  The suspension will end upon a finding 
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    by a court that the
licensee is no longer subject to 
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    involuntary admission or judicial admission,
the issuance 
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    of an order so finding and discharging the patient, and the

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

 


 






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        (dd) Allowing the use of his or her roofing license by 
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    an unlicensed roofing contractor for the purposes of 
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    providing roofing or waterproofing services.
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        (ee) Aiding or assisting another person in violating 
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    any provision of this Act or its rules, including, but not 
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    limited to, Section 9 of this Act.
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    The changes to this Act made by this amendatory Act of 1997 
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apply only
to disciplinary actions relating to events occurring 
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after the effective date
of
this amendatory Act of 1997.
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(Source: P.A. 95-303, eff. 1-1-08.)".