Full Text of SB2999 98th General Assembly
SB2999enr 98TH GENERAL ASSEMBLY |
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| 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 3 and 9 as follows:
| 6 | | (225 ILCS 335/3) (from Ch. 111, par. 7503)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 3. Application for license.
| 9 | | (1) To obtain a license, an applicant must indicate if the | 10 | | license
is sought for a sole proprietorship, partnership, | 11 | | corporation, business trust,
or other legal entity and whether | 12 | | the application is for a limited or unlimited
roofing license. | 13 | | If the license is sought for a sole proprietorship, the
license | 14 | | shall be issued to the proprietor who shall also be designated | 15 | | as the
qualifying party. If the license is sought for a | 16 | | partnership, corporation,
business trust, or other legal | 17 | | entity, the license shall be issued in the
company name. A | 18 | | company must designate one individual who will serve as a
| 19 | | qualifying party. The qualifying party is the individual who | 20 | | must take the
examination required under Section 3.5. The | 21 | | company shall submit an
application in writing to the | 22 | | Department on a form containing the information
prescribed by | 23 | | the Department and accompanied by the fee fixed by the
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| 1 | | Department. The application shall include, but shall not be | 2 | | limited to:
| 3 | | (a) the name and address of the person designated as | 4 | | the qualifying party
responsible for the practice of | 5 | | professional roofing in Illinois;
| 6 | | (b) the name of the proprietorship and its proprietor, | 7 | | the name of the
partnership and its partners, the name of | 8 | | the corporation and its
officers and directors, the name of | 9 | | the business trust and its trustees, or the
name of such | 10 | | other legal entity and its members;
| 11 | | (c) evidence of
compliance with any statutory | 12 | | requirements pertaining to such legal entity,
including | 13 | | compliance with any laws pertaining to the use of | 14 | | fictitious names,
if a fictitious name is used; if the | 15 | | business is a sole proprietorship and
doing business under | 16 | | a name other than that of the individual proprietor, the
| 17 | | individual proprietor must list all business names used for | 18 | | that
proprietorship.
| 19 | | (1.5) A certificate issued by the Department before the | 20 | | effective date of
this
amendatory Act of the 91st General | 21 | | Assembly shall be deemed a license for
the purposes of this
| 22 | | Act.
| 23 | | (2) An applicant for a license must submit satisfactory
| 24 | | evidence that:
| 25 | | (a) he or she has obtained public liability and | 26 | | property damage
insurance in such amounts and under such |
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| 1 | | circumstances as may be determined by
the Department;
| 2 | | (b) he or she has obtained Workers' Compensation | 3 | | insurance for roofing covering
his or her employees or is | 4 | | approved as a self-insurer of Workers'
Compensation in
| 5 | | accordance with Illinois law;
| 6 | | (c) he or she has an unemployment insurance employer | 7 | | account number issued by the Department of Employment | 8 | | Security, and he or she is not delinquent in the payment of | 9 | | any amount due under the Unemployment Insurance Act he or | 10 | | she has an Illinois Unemployment Insurance employer
| 11 | | identification number or has proof of application to the | 12 | | Illinois Department of
Labor for such an identification | 13 | | number ;
| 14 | | (d) he or she has submitted a continuous bond to the | 15 | | Department in the
amount
of
$10,000 for a limited license | 16 | | and in the amount of $25,000 for an unlimited
license; and
| 17 | | (e) a qualifying party has satisfactorily completed | 18 | | the examination
required under Section 3.5.
| 19 | | (3) It is the responsibility of the licensee to provide to | 20 | | the Department
notice in writing of any changes in the | 21 | | information required to be provided on
the application.
| 22 | | (4) All roofing contractors must designate a qualifying | 23 | | party and
otherwise achieve compliance with this Act no later | 24 | | than July 1, 2003 or his or
her license will automatically | 25 | | expire on July 1, 2003.
| 26 | | (5) Nothing in this Section shall apply to a seller of |
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| 1 | | roofing materials
or services when the construction, | 2 | | reconstruction,
alteration, maintenance, or repair of roofing | 3 | | or waterproofing is to be
performed by a person other than the | 4 | | seller or the seller's
employees.
| 5 | | (6) Applicants have 3 years from the date of application to | 6 | | complete the
application process. If the application has not | 7 | | been completed within 3 years,
the application shall be denied, | 8 | | the fee shall be forfeited and the applicant
must reapply and | 9 | | meet the requirements in effect at the time of
reapplication.
| 10 | | (Source: P.A. 91-950, eff. 2-9-01 .)
| 11 | | (225 ILCS 335/9) (from Ch. 111, par. 7509)
| 12 | | (Section scheduled to be repealed on January 1, 2016)
| 13 | | Sec. 9. Licensure requirement.
| 14 | | (1) It is unlawful for any person to engage in the business | 15 | | or
act in the capacity of or hold himself or herself out in any | 16 | | manner as a
roofing contractor without having been duly | 17 | | licensed under
the provisions of
this Act.
| 18 | | (2) No work involving the construction, reconstruction, | 19 | | alteration,
maintenance or repair of any kind of roofing or | 20 | | waterproofing may be done
except by a roofing contractor | 21 | | licensed under this Act.
| 22 | | (3) Sellers of roofing services may subcontract the | 23 | | provision of those
roofing services only to roofing contractors | 24 | | licensed under this Act.
| 25 | | (4) All persons performing roofing services under this Act |
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| 1 | | shall be licensed as roofing contractors, except for those | 2 | | persons who are deemed to be employees under Section 10 of the | 3 | | Employee Classification Act of a licensed roofing contractor. | 4 | | (Source: P.A. 90-55, eff. 1-1-98; 91-950, eff. 2-9-01 .)
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