Illinois General Assembly - Full Text of SB2999
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Full Text of SB2999  98th General Assembly


Sen. Iris Y. Martinez

Filed: 2/20/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 2999 by replacing
3everything after the enacting clause with the following:
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7    (Section scheduled to be repealed on January 1, 2016)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



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1entity, the license shall be issued in the company name. A
2company must designate one individual who will serve as a
3qualifying party. The qualifying party is the individual who
4must take the examination required under Section 3.5. The
5company shall submit an application in writing to the
6Department on a form containing the information prescribed by
7the Department and accompanied by the fee fixed by the
8Department. The application shall include, but shall not be
9limited to:
10        (a) the name and address of the person designated as
11    the qualifying party responsible for the practice of
12    professional roofing in Illinois;
13        (b) the name of the proprietorship and its proprietor,
14    the name of the partnership and its partners, the name of
15    the corporation and its officers and directors, the name of
16    the business trust and its trustees, or the name of such
17    other legal entity and its members;
18        (c) evidence of compliance with any statutory
19    requirements pertaining to such legal entity, including
20    compliance with any laws pertaining to the use of
21    fictitious names, if a fictitious name is used; if the
22    business is a sole proprietorship and doing business under
23    a name other than that of the individual proprietor, the
24    individual proprietor must list all business names used for
25    that proprietorship.
26    (1.5) A certificate issued by the Department before the



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1effective date of this amendatory Act of the 91st General
2Assembly shall be deemed a license for the purposes of this
4    (2) An applicant for a license must submit satisfactory
5evidence that:
6        (a) he or she has obtained public liability and
7    property damage insurance in such amounts and under such
8    circumstances as may be determined by the Department;
9        (b) he or she has obtained Workers' Compensation
10    insurance for roofing covering his or her employees or is
11    approved as a self-insurer of Workers' Compensation in
12    accordance with Illinois law;
13        (c) he or she has an unemployment insurance employer
14    account number issued by the Department of Employment
15    Security, and he or she is not delinquent in the payment of
16    any amount due under the Unemployment Insurance Act he or
17    she has an Illinois Unemployment Insurance employer
18    identification number or has proof of application to the
19    Illinois Department of Labor for such an identification
20    number;
21        (d) he or she has submitted a continuous bond to the
22    Department in the amount of $10,000 for a limited license
23    and in the amount of $25,000 for an unlimited license; and
24        (e) a qualifying party has satisfactorily completed
25    the examination required under Section 3.5.
26    (3) It is the responsibility of the licensee to provide to



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1the Department notice in writing of any changes in the
2information required to be provided on the application.
3    (4) All roofing contractors must designate a qualifying
4party and otherwise achieve compliance with this Act no later
5than July 1, 2003 or his or her license will automatically
6expire on July 1, 2003.
7    (5) Nothing in this Section shall apply to a seller of
8roofing materials or services when the construction,
9reconstruction, alteration, maintenance, or repair of roofing
10or waterproofing is to be performed by a person other than the
11seller or the seller's employees.
12    (6) Applicants have 3 years from the date of application to
13complete the application process. If the application has not
14been completed within 3 years, the application shall be denied,
15the fee shall be forfeited and the applicant must reapply and
16meet the requirements in effect at the time of reapplication.
17(Source: P.A. 91-950, eff. 2-9-01.)
18    (225 ILCS 335/9)  (from Ch. 111, par. 7509)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 9. Licensure requirement.
21    (1) It is unlawful for any person to engage in the business
22or act in the capacity of or hold himself or herself out in any
23manner as a roofing contractor without having been duly
24licensed under the provisions of this Act.
25    (2) No work involving the construction, reconstruction,



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1alteration, maintenance or repair of any kind of roofing or
2waterproofing may be done except by a roofing contractor
3licensed under this Act.
4    (3) Sellers of roofing services may subcontract the
5provision of those roofing services only to roofing contractors
6licensed under this Act.
7    (4) All persons performing work on a roofing project shall
8be licensed as a roofing contractor, except for those persons
9who are deemed to be employees under Section 10 of the Employee
10Classification Act of a licensed roofing contractor.
11(Source: P.A. 90-55, eff. 1-1-98; 91-950, eff. 2-9-01.)".