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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Roofing Industry Licensing Act is
5amended 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7    (Section scheduled to be repealed on January 1, 2016)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
10license is sought for a sole proprietorship, partnership,
11corporation, business trust, or other legal entity and whether
12the application is for a limited or unlimited roofing license.
13If the license is sought for a sole proprietorship, the license
14shall be issued to the proprietor who shall also be designated
15as the qualifying party. If the license is sought for a
16partnership, corporation, business trust, or other legal
17entity, the license shall be issued in the company name. A
18company must designate one individual who will serve as a
19qualifying party. The qualifying party is the individual who
20must take the examination required under Section 3.5. The
21company shall submit an application in writing to the
22Department on a form containing the information prescribed by
23the Department and accompanied by the fee fixed by the



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1Department. The application shall include, but shall not be
2limited 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
20effective date of this amendatory Act of the 91st General
21Assembly shall be deemed a license for the purposes of this
23    (2) An applicant for a license must submit satisfactory
24evidence 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
20the Department notice in writing of any changes in the
21information required to be provided on the application.
22    (4) All roofing contractors must designate a qualifying
23party and otherwise achieve compliance with this Act no later
24than July 1, 2003 or his or her license will automatically
25expire on July 1, 2003.
26    (5) Nothing in this Section shall apply to a seller of



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1roofing materials or services when the construction,
2reconstruction, alteration, maintenance, or repair of roofing
3or waterproofing is to be performed by a person other than the
4seller or the seller's employees.
5    (6) Applicants have 3 years from the date of application to
6complete the application process. If the application has not
7been completed within 3 years, the application shall be denied,
8the fee shall be forfeited and the applicant must reapply and
9meet 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
15or act in the capacity of or hold himself or herself out in any
16manner as a roofing contractor without having been duly
17licensed under the provisions of this Act.
18    (2) No work involving the construction, reconstruction,
19alteration, maintenance or repair of any kind of roofing or
20waterproofing may be done except by a roofing contractor
21licensed under this Act.
22    (3) Sellers of roofing services may subcontract the
23provision of those roofing services only to roofing contractors
24licensed under this Act.
25    (4) All persons performing roofing services under this Act



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1shall be licensed as roofing contractors, except for those
2persons who are deemed to be employees under Section 10 of the
3Employee Classification Act of a licensed roofing contractor.
4(Source: P.A. 90-55, eff. 1-1-98; 91-950, eff. 2-9-01.)