Sen. Michael Noland

Filed: 3/16/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2982 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Roofing Industry Licensing Act is
5amended by changing Sections 2 and 11 as follows:
6    (225 ILCS 335/2)  (from Ch. 111, par. 7502)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 2. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Licensure" means the act of obtaining or holding a
11license issued by the Department as provided in this Act.
12    (b) "Department" means the Department of Financial and
13Professional Regulation.
14    (c) "Secretary" means the Secretary of Financial and
15Professional Regulation.
16    (d) "Person" means any individual, partnership,



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1corporation, business trust, limited liability company, or
2other legal entity.
3    (e) "Roofing contractor" is one who has the experience,
4knowledge and skill to construct, reconstruct, alter, maintain
5and repair roofs and use materials and items used in the
6construction, reconstruction, alteration, maintenance and
7repair of all kinds of roofing and waterproofing as related to
8roofing, all in such manner to comply with all plans,
9specifications, codes, laws, and regulations applicable
10thereto, but does not include such contractor's employees to
11the extent the requirements of Section 3 of this Act apply and
12extend to such employees.
13    (f) "Board" means the Roofing Advisory Board.
14    (g) "Qualifying party" means the individual filing as a
15sole proprietor, partner of a partnership, officer of a
16corporation, trustee of a business trust, or party of another
17legal entity, who is legally qualified to act for the business
18organization in all matters connected with its roofing
19contracting business, has the authority to supervise roofing
20installation operations, and is actively engaged in day to day
21activities of the business organization.
22    "Qualifying party" does not apply to a seller of roofing
23materials or services when the construction, reconstruction,
24alteration, maintenance, or repair of roofing or waterproofing
25is to be performed by a person other than the seller or the
26seller's employees.



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1    (h) "Limited roofing license" means a license made
2available to contractors whose roofing business is limited to
3roofing residential properties consisting of 8 units or less.
4    (i) "Unlimited roofing license" means a license made
5available to contractors whose roofing business is unlimited in
6nature and includes roofing on residential, commercial, and
7industrial properties.
8    (j) "Seller of services or materials" means a business
9entity primarily engaged in the sale of tangible personal
10property at retail.
11    (k) "Building permit" means a permit issued by a unit of
12local government for work performed within the local
13government's jurisdiction that requires a license under this
15    (l) "Address of record" means the designated address
16recorded by the Department in the applicant's or licensee's
17application file or license file as maintained by the
18Department's licensure maintenance unit. It is the duty of the
19applicant or licensee to inform the Department of any change of
20address, and those changes must be made either through the
21Department's website or by contacting the Department.
22    (m) "Roof repair" means reconstruction or renewal of any
23part of an existing roof for the purposes of its maintenance.
24(Source: P.A. 99-469, eff. 8-26-15.)
25    (225 ILCS 335/11)  (from Ch. 111, par. 7511)



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1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 11. Application of Act.
3    (1) Nothing in this Act limits the power of a municipality,
4city, county, or incorporated area to regulate the quality and
5character of work performed by roofing contractors through a
6system of permits, fees, and inspections which are designed to
7secure compliance with and aid in the implementation of State
8and local building laws or to enforce other local laws for the
9protection of the public health and safety.
10    (2) Nothing in this Act shall be construed to require a
11seller of roofing materials or services to be licensed as a
12roofing contractor when the construction, reconstruction,
13alteration, maintenance or repair of roofing or waterproofing
14is to be performed by a person other than the seller or the
15seller's employees.
16    (3) Nothing in this Act shall be construed to require a
17person who performs roofing or waterproofing work to his or her
18own property, or for no consideration, to be licensed as a
19roofing contractor.
20    (4) Nothing in this Act shall be construed to require a
21person who performs roof repair roofing or waterproofing work
22to his or her employer's property to be licensed as a roofing
23contractor, where there exists an employer-employee
24relationship. Nothing in this Act shall be construed to apply
25to the installation of plastics, glass or fiberglass to
26greenhouses and related horticultural structures, or to the



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1repair or construction of farm buildings.
2    (5) Nothing in this Act limits the power of a municipality,
3city, county, or incorporated area to collect occupational
4license and inspection fees for engaging in roofing
6    (6) Nothing in this Act limits the power of the
7municipalities, cities, counties, or incorporated areas to
8adopt any system of permits requiring submission to and
9approval by the municipality, city, county, or incorporated
10area of plans and specifications for work to be performed by
11roofing contractors before commencement of the work.
12    (7) Any official authorized to issue building or other
13related permits shall ascertain that the applicant contractor
14is duly licensed before issuing the permit. The evidence shall
15consist only of the exhibition to him or her of current
16evidence of licensure.
17    (8) This Act applies to any roofing contractor performing
18work for the State or any municipality, city, county, or
19incorporated area. Officers of the State or any municipality,
20city, county or incorporated area are required to determine
21compliance with this Act before awarding any contracts for
22construction, improvement, remodeling, or repair.
23    (9) If an incomplete contract exists at the time of death
24of a licensee, the contract may be completed by any person even
25though not licensed. Such person shall notify the Department
26within 30 days after the death of the contractor of his or her



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1name and address. For the purposes of this subsection, an
2incomplete contract is one which has been awarded to, or
3entered into by, the licensee before his or her death or on
4which he or she was the low bidder and the contract is
5subsequently awarded to him or her regardless of whether any
6actual work has commenced under the contract before his or her
8    (10) The State or any municipality, city, county, or
9incorporated area may require that bids submitted for roofing
10construction, improvement, remodeling, or repair of public
11buildings be accompanied by evidence that that bidder holds an
12appropriate license issued pursuant to this Act.
13    (11) (Blank).
14    (12) Nothing in this Act shall prevent a municipality,
15city, county, or incorporated area from making laws or
16ordinances that are more stringent than those contained in this
18(Source: P.A. 99-469, eff. 8-26-15.)".