Full Text of SB1339 96th General Assembly
SB1339enr 96TH GENERAL ASSEMBLY
|
|
|
SB1339 Enrolled |
|
LRB096 10741 ASK 20927 b |
|
| 1 |
| AN ACT concerning professional regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Roofing Industry Licensing Act is | 5 |
| amended by changing Sections 2, 3.5, 4.5, and 5 as follows:
| 6 |
| (225 ILCS 335/2) (from Ch. 111, par. 7502)
| 7 |
| (Section scheduled to be repealed on January 1, 2016)
| 8 |
| Sec. 2. Definitions. As used in this Act, unless the | 9 |
| context otherwise
requires:
| 10 |
| (a) "Licensure" means the act of obtaining or
holding a | 11 |
| license issued by the Department as provided in this Act.
| 12 |
| (b) "Department" means the Department of Professional | 13 |
| Regulation.
| 14 |
| (c) "Director" means the Director of Professional | 15 |
| Regulation.
| 16 |
| (d) "Person" means any individual, partnership, | 17 |
| corporation, business
trust, limited liability company, or | 18 |
| other legal entity.
| 19 |
| (e) "Roofing contractor" is one who has the experience, | 20 |
| knowledge and skill to construct,
reconstruct, alter, maintain | 21 |
| and repair roofs and use materials and items
used in the | 22 |
| construction, reconstruction, alteration, maintenance and
| 23 |
| repair of all kinds of roofing and waterproofing as related to |
|
|
|
SB1339 Enrolled |
- 2 - |
LRB096 10741 ASK 20927 b |
|
| 1 |
| roofing, all in such manner to
comply with all plans, | 2 |
| specifications, codes, laws, and regulations
applicable | 3 |
| thereto, but does not include such contractor's employees to | 4 |
| the
extent the requirements of Section 3 of this Act apply and | 5 |
| extend to such
employees.
| 6 |
| (f) "Board" means the Roofing Advisory Board.
| 7 |
| (g) "Qualifying party" means the individual filing as a | 8 |
| sole proprietor,
partner of a partnership, officer of a | 9 |
| corporation, trustee of a business
trust, or party of another | 10 |
| legal entity, who is legally qualified to act for
the business | 11 |
| organization in all matters connected with its roofing | 12 |
| contracting
business, has the authority to supervise roofing | 13 |
| installation operations, and
is
actively engaged in day to day | 14 |
| activities of the business organization.
| 15 |
| "Qualifying party" does not apply to a seller of roofing | 16 |
| materials or
services when the construction, reconstruction,
| 17 |
| alteration, maintenance, or repair of roofing or waterproofing | 18 |
| is to be
performed by a person other than the seller or the | 19 |
| seller's
employees.
| 20 |
| (h) "Limited roofing license" means a license made | 21 |
| available to
contractors whose roofing business is limited to | 22 |
| residential roofing, including
residential properties | 23 |
| consisting of 8 units or less.
| 24 |
| (i) "Unlimited roofing license" means a license made | 25 |
| available to
contractors whose roofing business is unlimited in | 26 |
| nature and includes roofing
on residential, commercial, and |
|
|
|
SB1339 Enrolled |
- 3 - |
LRB096 10741 ASK 20927 b |
|
| 1 |
| industrial properties.
| 2 |
| (j) "Seller of services or materials" means a business | 3 |
| entity primarily engaged in the sale of tangible personal | 4 |
| property at retail. | 5 |
| (Source: P.A. 95-303, eff. 1-1-08.)
| 6 |
| (225 ILCS 335/3.5)
| 7 |
| (Section scheduled to be repealed on January 1, 2016)
| 8 |
| Sec. 3.5. Examination.
| 9 |
| (a) The Department shall authorize examinations for | 10 |
| applicants for
initial licenses at the time and place it may
| 11 |
| designate. The examinations shall be of a character to fairly | 12 |
| test the
competence and qualifications of applicants to act as | 13 |
| roofing contractors.
Each applicant for limited licenses shall | 14 |
| designate a qualifying party who
shall
take an examination, the | 15 |
| technical
portion of which shall cover residential roofing | 16 |
| practices. Each applicant for
an
unlimited license shall | 17 |
| designate a qualifying party who shall take an
examination, the | 18 |
| technical portion of which
shall cover residential, | 19 |
| commercial, and industrial roofing practices.
| 20 |
| (b) An applicant for a limited license or an unlimited | 21 |
| license or a
qualifying party designated by an applicant for a | 22 |
| limited license or unlimited
license
shall pay, either to the | 23 |
| Department or the
designated testing service, a fee established | 24 |
| by the Department to cover the
cost of providing the | 25 |
| examination. Failure of the individual scheduled
to appear for |
|
|
|
SB1339 Enrolled |
- 4 - |
LRB096 10741 ASK 20927 b |
|
| 1 |
| the
examination on
the scheduled date at the time and place | 2 |
| specified after his or her application
for examination has been | 3 |
| received and acknowledged by the Department
or the designated | 4 |
| testing service shall result in forfeiture of the examination
| 5 |
| fee.
| 6 |
| (c) A person who has a license as described in subsection | 7 |
| (1.5) of Section 3
is exempt from the examination requirement | 8 |
| of this Section, so long as (1) the
license continues to be | 9 |
| valid and is renewed before expiration and (2) the
person is | 10 |
| not newly designated as a qualifying party after July 1, 2003. | 11 |
| The
qualifying party for an
applicant for a new license must | 12 |
| have passed an examination authorized by
the Department
before
| 13 |
| the Department may issue a license.
| 14 |
| (d) The application for a license as a corporation, | 15 |
| business trust, or other legal entity submitted by a sole | 16 |
| proprietor who is currently licensed under this Act and exempt | 17 |
| from the examination requirement of this Section shall not be | 18 |
| considered an application for initial licensure for the | 19 |
| purposes of this subsection (d) if the sole proprietor is named | 20 |
| in the application as the qualifying party and is the sole | 21 |
| owner of the legal entity. Upon issuance of a license to the | 22 |
| new legal entity, the sole proprietorship license is | 23 |
| terminated. | 24 |
| The application for initial licensure as a partnership, | 25 |
| corporation, business trust, or other legal entity submitted by | 26 |
| a currently licensed partnership, corporation, business trust, |
|
|
|
SB1339 Enrolled |
- 5 - |
LRB096 10741 ASK 20927 b |
|
| 1 |
| or other legal entity shall not be considered an application | 2 |
| for initial licensure for the purposes of this subsection (d) | 3 |
| if the entity's current qualifying party is exempt from the | 4 |
| examination requirement of this Section, that qualifying party | 5 |
| is named as the new legal entity's qualifying party, and the | 6 |
| majority of ownership in the new legal entity remains the same | 7 |
| as the currently licensed entity. Upon issuance of a license to | 8 |
| the new legal entity under this subsection (d), the former | 9 |
| license issued to the applicant is terminated.
| 10 |
| (e) An applicant has 3 years after the date of his or her | 11 |
| application to complete
the application process. If the process | 12 |
| has not been completed within 3 years,
the application shall be | 13 |
| denied, the fee shall be forfeited, and the applicant
must | 14 |
| reapply and meet the requirements in effect at the time of
| 15 |
| reapplication.
| 16 |
| (Source: P.A. 95-303, eff. 1-1-08.)
| 17 |
| (225 ILCS 335/4.5)
| 18 |
| (Section scheduled to be repealed on January 1, 2016)
| 19 |
| Sec. 4.5. Duties of qualifying party; replacement ; grounds | 20 |
| for discipline . | 21 |
| (a) While engaged as or
named as a
qualifying party for a | 22 |
| licensee, no person
may be the named qualifying party for any | 23 |
| other licensee.
However, the person may act in the capacity of | 24 |
| the qualifying party for
one additional licensee of the same | 25 |
| type of licensure if one of the following
conditions exists:
|
|
|
|
SB1339 Enrolled |
- 6 - |
LRB096 10741 ASK 20927 b |
|
| 1 |
| (1) There is a common ownership of at least 25% of each | 2 |
| licensed entity
for
which the person acts as a qualifying | 3 |
| party.
| 4 |
| (2) The same person acts as a qualifying party
for one | 5 |
| licensed entity and its licensed subsidiary.
| 6 |
| "Subsidiary" as used in this Section means a corporation of | 7 |
| which at least
25% is owned by another licensee.
| 8 |
| (b) In the event that a qualifying party is terminated or | 9 |
| terminating his or her
status
as qualifying party of a | 10 |
| licensee, the qualifying party and the licensee shall
notify | 11 |
| the Department of that fact in writing. Thereafter, the | 12 |
| licensee shall
notify the Department of the name and address of | 13 |
| the newly designated
qualifying party. The newly designated | 14 |
| qualifying party must take the
examination prescribed in | 15 |
| Section 3.5 of this Act ; however, a newly designated qualifying | 16 |
| party is exempt from the examination requirement until January | 17 |
| 1, 2012 if he or she has acted in the capacity of a roofing | 18 |
| contractor for a period of at least 15 years for the licensee | 19 |
| for which he or she seeks to be the qualifying party . These
| 20 |
| requirements shall be met in a timely manner as established by | 21 |
| rule of the
Department. | 22 |
| (c) A qualifying party that is accepted by the Department | 23 |
| shall have the authority to act for the licensed entity in all | 24 |
| matters connected with its roofing contracting business and to | 25 |
| supervise roofing installation operations. This authority | 26 |
| shall not be deemed to be a license for purposes of this Act. |
|
|
|
SB1339 Enrolled |
- 7 - |
LRB096 10741 ASK 20927 b |
|
| 1 |
| (d) Designation of a qualifying party by an applicant under | 2 |
| Section 3 is subject to acceptance by the Department. The | 3 |
| Department may refuse to accept a qualifying party (i) for | 4 |
| failure to qualify as required under this Act and the rules | 5 |
| adopted under this Act or (ii) after making a determination | 6 |
| that the designated party has a history of acting illegally, | 7 |
| fraudulently, incompetently, or with gross negligence in the | 8 |
| roofing or construction business. | 9 |
| (e) The Department may, at any time after giving | 10 |
| appropriate notice and the opportunity for a hearing, suspend | 11 |
| or revoke its acceptance of a qualifying party designated by a | 12 |
| licensee for any act or failure to act that gives rise to any | 13 |
| ground for disciplinary action against that licensee under | 14 |
| Section 9.1 or 9.6 of this Act. If the Department suspends or | 15 |
| revokes its acceptance of a qualifying party, the license of | 16 |
| the licensee shall be deemed to be suspended until a new | 17 |
| qualifying party has been designated by the licensee and | 18 |
| accepted by the Department. | 19 |
| If acceptance of a qualifying party is suspended or revoked | 20 |
| for action or inaction that constitutes a violation of this Act | 21 |
| or the rules adopted under this Act, the Department may in | 22 |
| addition take such other disciplinary or non-disciplinary | 23 |
| action as it may deem proper, including imposing a fine on the | 24 |
| qualifying party, not to exceed $10,000 for each violation. | 25 |
| All administrative decisions of the Department under this | 26 |
| subsection (e) are subject to judicial review pursuant to |
|
|
|
SB1339 Enrolled |
- 8 - |
LRB096 10741 ASK 20927 b |
|
| 1 |
| Section 9.7 of this Act. An order taking action against a | 2 |
| qualifying party shall be deemed a final administrative | 3 |
| decision of the Department for purposes of Section 9.7 of this | 4 |
| Act.
| 5 |
| (Source: P.A. 91-950, eff. 2-9-01 .)
| 6 |
| (225 ILCS 335/5) (from Ch. 111, par. 7505)
| 7 |
| (Section scheduled to be repealed on January 1, 2016)
| 8 |
| Sec. 5. Display of license number; advertising.
| 9 |
| (a) Each State licensed roofing contractor shall
affix the
| 10 |
| license number of his or her license to all of his
or
her | 11 |
| contracts and bids. In
addition, the official issuing building | 12 |
| permits shall affix the
roofing contractor license number to | 13 |
| each application for a building permit
and on
each building | 14 |
| permit issued and recorded.
| 15 |
| (a-5) If a general contractor applies for a building permit | 16 |
| with a unit of local government and knowingly submits a roofing | 17 |
| license number that is not that of the roofing contractor who | 18 |
| will be the subcontractor for the project for which the general | 19 |
| contractor has requested the permit, the general contractor | 20 |
| shall be guilty of identity theft under subsection (a) of | 21 |
| Section 16G-15 of the Criminal Code of 1961. | 22 |
| (b) In addition, every roofing contractor shall affix the
| 23 |
| roofing
contractor license number and the licensee's name, as | 24 |
| it appears on the license, on all commercial vehicles used as
| 25 |
| part
of his
or her business as a roofing contractor.
|
|
|
|
SB1339 Enrolled |
- 9 - |
LRB096 10741 ASK 20927 b |
|
| 1 |
| (c) Every holder of a license shall
display it in a
| 2 |
| conspicuous place in his or her principal office, place of | 3 |
| business, or place
of employment.
| 4 |
| (d) No person licensed under this Act may advertise | 5 |
| services regulated by
this Act unless that person includes in | 6 |
| the advertisement his or her license
number. Nothing contained | 7 |
| in this subsection requires the publisher of
advertising for | 8 |
| roofing contractor services to investigate or verify the
| 9 |
| accuracy of the
license number provided by the licensee.
| 10 |
| (e) A person who advertises services regulated by this Act | 11 |
| who knowingly (i)
fails to display the license number in any | 12 |
| manner required by this Section,
(ii) fails to provide a | 13 |
| publisher with the correct license number as required
by | 14 |
| subsection (d), or (iii) provides a publisher with a false | 15 |
| license number or
a license number of another person, or a | 16 |
| person who knowingly allows his or her
license number to be | 17 |
| displayed or used by another person to circumvent any
| 18 |
| provisions of this Section, is guilty of a Class A misdemeanor | 19 |
| with a fine of
$1,000, and, in addition, is subject to the | 20 |
| administrative enforcement
provisions of this Act.
Each day | 21 |
| that an advertisement runs or each day that a person knowingly | 22 |
| allows
his or her license to be displayed or used in violation | 23 |
| of this Section
constitutes a separate offense.
| 24 |
| (Source: P.A. 94-254, eff. 7-19-05.)
|
|