Full Text of HB5307 95th General Assembly
HB5307ham001 95TH GENERAL ASSEMBLY
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Executive Committee
Filed: 3/12/2008
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09500HB5307ham001 |
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LRB095 18667 RAS 47847 a |
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| AMENDMENT TO HOUSE BILL 5307
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| AMENDMENT NO. ______. Amend House Bill 5307 on page 1, line | 3 |
| 5, by replacing "Section 4.5" with "Sections 4.5 and 5"; and
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| on page 2, immediately below line 10, by inserting the | 5 |
| following: | 6 |
| " Notwithstanding any other rulemaking authority that may | 7 |
| exist, neither the Governor nor any agency or agency head under | 8 |
| the jurisdiction of the Governor has any authority to make or | 9 |
| promulgate rules to implement or enforce the provisions of this | 10 |
| amendatory Act of the 95th General Assembly. If, however, the | 11 |
| Governor believes that rules are necessary to implement or | 12 |
| enforce the provisions of this amendatory Act of the 95th | 13 |
| General Assembly, the Governor may suggest rules to the General | 14 |
| Assembly by filing them with the Clerk of the House and the | 15 |
| Secretary of the Senate and by requesting that the General | 16 |
| Assembly authorize such rulemaking by law, enact those | 17 |
| suggested rules into law, or take any other appropriate action |
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LRB095 18667 RAS 47847 a |
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| in the General Assembly's discretion. Nothing contained in this | 2 |
| amendatory Act of the 95th General Assembly shall be | 3 |
| interpreted to grant rulemaking authority under any other | 4 |
| Illinois statute where such authority is not otherwise | 5 |
| explicitly given. For the purposes of this amendatory Act of | 6 |
| the 95th General Assembly, "rules" is given the meaning | 7 |
| contained in Section 1-70 of the Illinois Administrative | 8 |
| Procedure Act, and "agency" and "agency head" are given the | 9 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 10 |
| Administrative Procedure Act to the extent that such | 11 |
| definitions apply to agencies or agency heads under the | 12 |
| jurisdiction of the Governor. "; and | 13 |
| on page 2, immediately below line 11, by inserting the | 14 |
| following:
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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 | 20 |
| contracts and bids. In
addition, the official issuing building | 21 |
| permits shall affix the
roofing contractor license number to | 22 |
| each application for a building permit
and on
each building | 23 |
| permit issued and recorded. | 24 |
| (a-5) If a general contractor applies for a building permit |
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LRB095 18667 RAS 47847 a |
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| with a unit of local government and knowingly submits a roofing | 2 |
| license number that is not that of the roofing contractor who | 3 |
| will be the subcontractor for the project for which the general | 4 |
| contractor has requested the permit, the general contractor | 5 |
| shall be fined $5,000, if the application was for a residential | 6 |
| building permit, and $10,000, if the application was for a | 7 |
| commercial building permit. Those units of local government | 8 |
| responsible for the issuance of building permits shall be | 9 |
| responsible for the enforcement of this subsection (a-5). | 10 |
| Notwithstanding any other rulemaking authority that may exist, | 11 |
| neither the Governor nor any agency or agency head under the | 12 |
| jurisdiction of the Governor has any authority to make or | 13 |
| promulgate rules to implement or enforce the provisions of this | 14 |
| amendatory Act of the 95th General Assembly. If, however, the | 15 |
| Governor believes that rules are necessary to implement or | 16 |
| enforce the provisions of this amendatory Act of the 95th | 17 |
| General Assembly, the Governor may suggest rules to the General | 18 |
| Assembly by filing them with the Clerk of the House and the | 19 |
| Secretary of the Senate and by requesting that the General | 20 |
| Assembly authorize such rulemaking by law, enact those | 21 |
| suggested rules into law, or take any other appropriate action | 22 |
| in the General Assembly's discretion. Nothing contained in this | 23 |
| amendatory Act of the 95th General Assembly shall be | 24 |
| interpreted to grant rulemaking authority under any other | 25 |
| Illinois statute where such authority is not otherwise | 26 |
| explicitly given. For the purposes of this amendatory Act of |
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LRB095 18667 RAS 47847 a |
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| the 95th General Assembly, "rules" is given the meaning | 2 |
| contained in Section 1-70 of the Illinois Administrative | 3 |
| Procedure Act, and "agency" and "agency head" are given the | 4 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 5 |
| Administrative Procedure Act to the extent that such | 6 |
| definitions apply to agencies or agency heads under the | 7 |
| 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 | 10 |
| 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 | 14 |
| business, or place
of employment.
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| (d) No person licensed under this Act may advertise | 16 |
| services regulated by
this Act unless that person includes in | 17 |
| the advertisement his or her license
number. Nothing contained | 18 |
| in this subsection requires the publisher of
advertising for | 19 |
| 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 | 22 |
| who knowingly (i)
fails to display the license number in any | 23 |
| manner required by this Section,
(ii) fails to provide a | 24 |
| publisher with the correct license number as required
by | 25 |
| subsection (d), or (iii) provides a publisher with a false | 26 |
| license number or
a license number of another person, or a |
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LRB095 18667 RAS 47847 a |
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| person who knowingly allows his or her
license number to be | 2 |
| displayed or used by another person to circumvent any
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| provisions of this Section, is guilty of a Class A misdemeanor | 4 |
| with a fine of
$1,000, and, in addition, is subject to the | 5 |
| administrative enforcement
provisions of this Act.
Each day | 6 |
| that an advertisement runs or each day that a person knowingly | 7 |
| allows
his or her license to be displayed or used in violation | 8 |
| of this Section
constitutes a separate offense.
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| (Source: P.A. 94-254, eff. 7-19-05.)".
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