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HB5307 Engrossed |
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LRB095 18667 RAS 44757 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Roofing Industry Licensing Act is |
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| amended by changing Sections 4.5 and 5 as follows:
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| (225 ILCS 335/4.5)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 4.5. Duties of qualifying party; replacement. While |
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| engaged as or
named as a
qualifying party for a licensee, no |
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| person
may be the named qualifying party for any other |
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| licensee.
However, the person may act in the capacity of the |
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| qualifying party for
one additional licensee of the same type |
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| of licensure if one of the following
conditions exists:
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| (1) There is a common ownership of at least 25% of each |
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| licensed entity
for
which the person acts as a qualifying |
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| party.
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| (2) The same person acts as a qualifying party
for one |
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| licensed entity and its licensed subsidiary.
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| "Subsidiary" as used in this Section means a corporation of |
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| which at least
25% is owned by another licensee.
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| In the event that a qualifying party is terminated or |
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| terminating his or her
status
as qualifying party of a |
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| licensee, the qualifying party and the licensee shall
notify |
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HB5307 Engrossed |
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LRB095 18667 RAS 44757 b |
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| the Department of that fact in writing. Thereafter, the |
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| licensee shall
notify the Department of the name and address of |
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| the newly designated
qualifying party. The newly designated |
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| qualifying party must take the
examination prescribed in |
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| Section 3.5 of this Act ; however, a newly designated qualifying |
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| party is exempt from the examination requirement if he or she |
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| has acted in the capacity of a roofing contractor for a period |
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| of at least 15 years for the licensee for which he or she seeks |
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| to be the qualifying party . These
requirements shall be met in |
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| a timely manner as established by rule of the
Department.
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and the |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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HB5307 Engrossed |
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LRB095 18667 RAS 44757 b |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 91-950, eff. 2-9-01 .)
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| (225 ILCS 335/5) (from Ch. 111, par. 7505)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 5. Display of license number; advertising.
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| (a) Each State licensed roofing contractor shall
affix the
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| license number of his or her license to all of his
or
her |
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| contracts and bids. In
addition, the official issuing building |
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| permits shall affix the
roofing contractor license number to |
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| each application for a building permit
and on
each building |
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| permit issued and recorded. |
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| (a-5) If a general contractor applies for a building permit |
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| with a unit of local government and knowingly submits a roofing |
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| license number that is not that of the roofing contractor who |
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| will be the subcontractor for the project for which the general |
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| contractor has requested the permit, the general contractor |
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| shall be fined $5,000, if the application was for a residential |
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| building permit, and $10,000, if the application was for a |
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LRB095 18667 RAS 44757 b |
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| commercial building permit. Those units of local government |
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| responsible for the issuance of building permits shall be |
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| responsible for the enforcement of this subsection (a-5). |
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| Notwithstanding any other rulemaking authority that may exist, |
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| neither the Governor nor any agency or agency head under the |
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| jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and the |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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HB5307 Engrossed |
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LRB095 18667 RAS 44757 b |
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| jurisdiction of the Governor.
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| (b) In addition, every roofing contractor shall affix the
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| roofing
contractor license number and the licensee's name, as |
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| it appears on the license, on all commercial vehicles used as
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| part
of his
or her business as a roofing contractor.
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| (c) Every holder of a license shall
display it in a
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| conspicuous place in his or her principal office, place of |
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| business, or place
of employment.
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| (d) No person licensed under this Act may advertise |
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| services regulated by
this Act unless that person includes in |
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| the advertisement his or her license
number. Nothing contained |
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| in this subsection requires the publisher of
advertising for |
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| roofing contractor services to investigate or verify the
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| accuracy of the
license number provided by the licensee.
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| (e) A person who advertises services regulated by this Act |
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| who knowingly (i)
fails to display the license number in any |
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| manner required by this Section,
(ii) fails to provide a |
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| publisher with the correct license number as required
by |
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| subsection (d), or (iii) provides a publisher with a false |
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| license number or
a license number of another person, or a |
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| person who knowingly allows his or her
license number to be |
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| displayed or used by another person to circumvent any
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| provisions of this Section, is guilty of a Class A misdemeanor |
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| with a fine of
$1,000, and, in addition, is subject to the |
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| administrative enforcement
provisions of this Act.
Each day |
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| that an advertisement runs or each day that a person knowingly |