Illinois General Assembly - Full Text of SB0448
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Full Text of SB0448  95th General Assembly


Sen. Martin A. Sandoval

Filed: 3/20/2007





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2     AMENDMENT NO. ______. Amend Senate Bill 448 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Illinois Roofing Industry Licensing Act is
5 amended by changing Sections 2, 3.5, 6, 9.1, and 10 and by
6 adding Section 10b as follows:
7     (225 ILCS 335/2)  (from Ch. 111, par. 7502)
8     (Section scheduled to be repealed on January 1, 2016)
9     Sec. 2. Definitions. As used in this Act, unless the
10 context otherwise requires:
11     (a) "Licensure" means the act of obtaining or holding a
12 license issued by the Department as provided in this Act.
13     (b) "Department" means the Department of Professional
14 Regulation.
15     (c) "Director" means the Director of Professional
16 Regulation.



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



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1 is to be performed by a person other than the seller or the
2 seller's employees.
3     (h) "Limited roofing license" means a license made
4 available to contractors whose roofing business is limited to
5 residential roofing, including residential properties
6 consisting of 8 units or less.
7     (i) "Unlimited roofing license" means a license made
8 available to contractors whose roofing business is unlimited in
9 nature and includes roofing on residential, commercial, and
10 industrial properties.
11 (Source: P.A. 90-55, eff. 1-1-98; 91-950, eff. 2-9-01.)
12     (225 ILCS 335/3.5)
13     (Section scheduled to be repealed on January 1, 2016)
14     Sec. 3.5. Examination.
15     (a) The Department shall authorize examinations for
16 applicants for initial licenses at the time and place it may
17 designate. The examinations shall be of a character to fairly
18 test the competence and qualifications of applicants to act as
19 roofing contractors. Each applicant for limited licenses shall
20 designate a qualifying party who shall take an examination, the
21 technical portion of which shall cover residential roofing
22 practices. Each applicant for an unlimited license shall
23 designate a qualifying party who shall take an examination, the
24 technical portion of which shall cover residential,
25 commercial, and industrial roofing practices.



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1     (b) An applicant for a limited license or an unlimited
2 license or a qualifying party designated by an applicant for a
3 limited license or unlimited license shall pay, either to the
4 Department or the designated testing service, a fee established
5 by the Department to cover the cost of providing the
6 examination. Failure of the individual scheduled to appear for
7 the examination on the scheduled date at the time and place
8 specified after his or her application for examination has been
9 received and acknowledged by the Department or the designated
10 testing service shall result in forfeiture of the examination
11 fee.
12     (c) A person who has a license as described in subsection
13 (1.5) of Section 3 is exempt from the examination requirement
14 of this Section, so long as (1) the license continues to be
15 valid and is renewed before expiration and (2) the person is
16 not newly designated as a qualifying party after July 1, 2003.
17 The qualifying party for an applicant for a new license must
18 have passed an examination authorized by the Department before
19 the Department may issue a license.
20     (d) The application for a license as a corporation,
21 business trust, or other legal entity submitted by a sole
22 proprietor who is currently licensed under this Act and exempt
23 from the examination requirement of this Section shall not be
24 considered an application for initial licensure for the
25 purposes of this subsection (d) if the sole proprietor is named
26 in the application as the qualifying party and is the sole



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1 owner of the legal entity. Upon issuance of a license to the
2 new legal entity, the sole proprietorship license is
3 terminated.
4     The application for initial licensure as a partnership,
5 corporation, business trust, or other legal entity submitted by
6 a currently licensed partnership, corporation, business trust,
7 or other legal entity shall not be considered an application
8 for initial licensure for the purposes of this subsection (d)
9 if the entity's current qualifying party is exempt from the
10 examination requirement of this Section, that qualifying party
11 is named as the new legal entity's qualifying party, and the
12 majority of ownership in the new legal entity remains the same
13 as the currently licensed entity. Upon issuance of a license to
14 the new legal entity under this subsection (d), the former
15 license issued to the applicant is terminated.
16     (e) An applicant has 3 years after the date of his or her
17 application to complete the application process. If the process
18 has not been completed within 3 years, the application shall be
19 denied, the fee shall be forfeited, and the applicant must
20 reapply and meet the requirements in effect at the time of
21 reapplication.
22 (Source: P.A. 91-950, eff. 2-9-01.)
23     (225 ILCS 335/6)  (from Ch. 111, par. 7506)
24     (Section scheduled to be repealed on January 1, 2016)
25     Sec. 6. Expiration; restoration; renewal of license.



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1     (a) The expiration date and renewal period for each
2 certificate of registration issued under this Act shall be set
3 by the Department by rule.
4     (b) A licensee who has permitted his or her license to
5 expire or whose license is on inactive status may have his or
6 her license restored by making application to the Department in
7 the form and manner prescribed by the Department. (1) Licenses
8 shall expire biennially at midnight on June 30 of each
9 odd-numbered year.
10     (2) Failure to renew the license prior to the expiration
11 thereof shall cause the license to become nonrenewed and it
12 shall be unlawful thereafter for the licensee to engage, offer
13 to engage, or hold himself or herself out as engaging, in
14 roofing contracting business under the license unless and until
15 the license is restored or reissued as defined by rule.
16 (Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
17     (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
18     (Section scheduled to be repealed on January 1, 2016)
19     Sec. 9.1. Grounds for disciplinary action. The Department
20 may refuse to issue or to renew, or may revoke, suspend, place
21 on probation, reprimand or take other disciplinary or
22 non-disciplinary action as the Department may deem proper,
23 including fines not to exceed $10,000 $1,000 for each
24 violation, with regard to any license for any one or
25 combination of the following causes:



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1         (a) violation of this Act or its rules;
2         (b) conviction or plea of guilty or nolo contendere of
3     any crime under the laws of the United States or any state
4     or territory thereof that U.S. jurisdiction which is (i) a
5     felony or (ii) which is a misdemeanor, an essential element
6     of which is dishonesty, or that is of any crime which
7     directly related relates to the practice of the profession;
8         (c) making any misrepresentation for the purpose of
9     obtaining a license;
10         (d) professional incompetence or gross negligence in
11     the practice of roofing contracting, prima facie evidence
12     of which may be a conviction or judgment in any court of
13     competent jurisdiction against an applicant or licensee
14     relating to the practice of roofing contracting or the
15     construction of a roof or repair thereof that results in
16     leakage within 90 days after the completion of such work;
17         (e) (blank); gross malpractice, prima facie evidence
18     of which may be a conviction or judgment of malpractice in
19     any court of competent jurisdiction;
20         (f) aiding or assisting another person in violating any
21     provision of this Act or rules;
22         (g) failing, within 60 days, to provide information in
23     response to a written request made by the Department which
24     has been sent by certified or registered mail to the
25     licensee's last known address;
26         (h) engaging in dishonorable, unethical, or



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1     unprofessional conduct of a character likely to deceive,
2     defraud, or harm the public;
3         (i) habitual or excessive use or addiction to alcohol,
4     narcotics, stimulants or any other chemical agent or drug
5     which results in the inability to practice with reasonable
6     judgment, skill, or safety;
7         (j) discipline by another U.S. jurisdiction or foreign
8     nation, if at least one of the grounds for the discipline
9     is the same or substantially equivalent to those set forth
10     in this Section;
11         (k) directly or indirectly giving to or receiving from
12     any person, firm, corporation, partnership, or association
13     any fee, commission, rebate, or other form of compensation
14     for any professional services not actually or personally
15     rendered;
16         (l) a finding by the Department that the licensee,
17     after having his or her license placed on probationary
18     status has violated the terms of probation;
19         (m) a finding conviction by any court of competent
20     jurisdiction, either within or without this State, of any
21     violation of any law governing the practice of roofing
22     contracting, if the Department determines, after
23     investigation, that such person has not been sufficiently
24     rehabilitated to warrant the public trust;
25         (n) a finding that licensure has been applied for or
26     obtained by fraudulent means;



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1         (o) practicing, attempting to practice, or advertising
2     under a name other than the full name as shown on the
3     license or any other legally authorized name;
4         (p) gross and willful overcharging for professional
5     services including filing false statements for collection
6     of fees or monies for which services are not rendered;
7         (q) failure to file a return, or to pay the tax,
8     penalty or interest shown in a filed return, or to pay any
9     final assessment of tax, penalty or interest, as required
10     by any tax Act administered by the Illinois Department of
11     Revenue, until such time as the requirements of any such
12     tax Act are satisfied;
13         (r) the Department shall deny any license or renewal
14     under this Act to any person who has defaulted on an
15     educational loan guaranteed by the Illinois State
16     Scholarship Commission; however, the Department may issue
17     a license or renewal if the person in default has
18     established a satisfactory repayment record as determined
19     by the Illinois State Scholarship Commission;
20         (s) failure to continue to meet the requirements of
21     this Act shall be deemed a violation;
22         (t) physical or mental disability, including
23     deterioration through the aging process or loss of
24     abilities and skills that result in an inability to
25     practice the profession with reasonable judgment, skill,
26     or safety;



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1         (u) material misstatement in furnishing information to
2     the Department or to any other State agency;
3         (v) the determination by a court that a licensee is
4     subject to involuntary admission or judicial admission as
5     provided in the Mental Health and Developmental
6     Disabilities Code will result in an automatic suspension of
7     his or her license. The suspension will end upon a finding
8     by a court that the licensee is no longer subject to
9     involuntary admission or judicial admission, the issuance
10     of an order so finding and discharging the patient, and the
11     recommendation of the Board to the Director that the
12     licensee be allowed to resume professional practice;
13         (w) advertising in any manner that is false,
14     misleading, or deceptive; .
15         (x) taking undue advantage of a customer, which results
16     in the perpetration of a fraud;
17         (y) performing any act or practice that is a violation
18     of the Consumer Fraud and Deceptive Business Practices Act;
19         (z) engaging in the practice of roofing contracting, as
20     defined in this Act, with a suspended, revoked, or
21     cancelled license;
22         (aa) treating any person differently to the person's
23     detriment because of race, color, creed, gender, age,
24     religion, or national origin;
25         (bb) knowingly making any false statement, oral,
26     written, or otherwise, of a character likely to influence,



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1     persuade, or induce others in the course of obtaining or
2     performing roofing contracting services; or
3         (cc) violation of any final administrative action of
4     the Secretary.
5     The changes to this Act made by this amendatory Act of 1997
6 apply only to disciplinary actions relating to events occurring
7 after the effective date of this amendatory Act of 1997.
8 (Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
9     (225 ILCS 335/10)  (from Ch. 111, par. 7510)
10     (Section scheduled to be repealed on January 1, 2016)
11     Sec. 10. Enforcement; petition to court.
12     (1) If any person violates the provisions of this Act, the
13 Director through the Attorney General of Illinois, or the
14 State's Attorney of any county in which a violation is alleged
15 to exist, may in the name of the People of the State of
16 Illinois petition for an order enjoining such violation or for
17 an order enforcing compliance with this Act. Upon the filing of
18 a verified petition in such court, the court may issue a
19 temporary restraining order, without notice or bond, and may
20 preliminarily and permanently enjoin such violation, and if it
21 is established that such person has violated or is violating
22 the injunction, the Court may punish the offender for contempt
23 of court.
24     (2) If any person shall practice as a licensee or hold
25 himself or herself out as a licensee without being licensed



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1 under the provisions of this Act, then any person licensed
2 under this Act, any interested party or any person injured
3 thereby may, in addition to those officers identified in
4 subsection (1) of this Section, petition for relief as provided
5 therein.
6     (3) (Blank). Whenever the Department has reason to believe
7 that any person has violated the licensing requirements of this
8 Act by practicing, offering to practice, attempting to
9 practice, or holding himself or herself out to practice roofing
10 without being licensed under this Act, the Department may issue
11 a rule to show cause why an order to cease and desist should
12 not be entered against that person. The rule shall clearly set
13 forth the grounds relied upon by the Department and shall
14 provide a period of 7 days from the date of the rule to file an
15 answer to the satisfaction of the Department. Failure to answer
16 to the satisfaction of the Department shall cause an order to
17 cease and desist to be issued immediately.
18     (4) Proceedings under this Section shall be in addition to,
19 and not in lieu of, all other remedies and penalties which may
20 be provided by law.
21 (Source: P.A. 90-55, eff. 1-1-98; 91-950, eff. 2-9-01.)
22     (225 ILCS 335/10b new)
23     (Section scheduled to be repealed on January 1, 2016)
24     Sec. 10b. Unlicensed practice; order to cease and desist.
25 Whenever the Department has reason to believe that any person



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1 has violated the licensing requirements of this Act by
2 practicing, offering to practice, attempting to practice, or
3 holding himself or herself out to practice roofing without
4 being licensed under this Act, the Department may issue an
5 order to cease and desist such practice without a hearing. The
6 order must clearly set forth the grounds relied upon by the
7 Department and provide notice that any individual or entity
8 receiving the order may petition the Department for a hearing
9 within a period of 21 days after the date of the order. Any
10 hearing held pursuant to this Section must be in accordance
11 with the hearing provisions set forth in this Act. Should any
12 person or entity that is issued an order to cease and desist
13 pursuant to this Section continue or again practice, offer to
14 practice, attempt to practice, or hold himself or herself out
15 to practice roofing without being licensed under this Act, the
16 Department may seek injunctive relief, impose a civil penalty
17 in accordance with this Act, or take any other action allowed
18 under this Act. Any order to cease and desist issued pursuant
19 to this Section shall be considered prima facie evidence of a
20 violation in any proceeding conducted pursuant to Section 10a
21 of this Act.".