Illinois General Assembly - Full Text of Public Act 098-0838
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Public Act 098-0838





Public Act 098-0838
SB2999 EnrolledLRB098 17853 ZMM 52977 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Roofing Industry Licensing Act is
amended by changing Sections 3 and 9 as follows:
    (225 ILCS 335/3)  (from Ch. 111, par. 7503)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3. Application for license.
    (1) To obtain a license, an applicant must indicate if the
license is sought for a sole proprietorship, partnership,
corporation, business trust, or other legal entity and whether
the application is for a limited or unlimited roofing license.
If the license is sought for a sole proprietorship, the license
shall be issued to the proprietor who shall also be designated
as the qualifying party. If the license is sought for a
partnership, corporation, business trust, or other legal
entity, the license shall be issued in the company name. A
company must designate one individual who will serve as a
qualifying party. The qualifying party is the individual who
must take the examination required under Section 3.5. The
company shall submit an application in writing to the
Department on a form containing the information prescribed by
the Department and accompanied by the fee fixed by the
Department. The application shall include, but shall not be
limited to:
        (a) the name and address of the person designated as
    the qualifying party responsible for the practice of
    professional roofing in Illinois;
        (b) the name of the proprietorship and its proprietor,
    the name of the partnership and its partners, the name of
    the corporation and its officers and directors, the name of
    the business trust and its trustees, or the name of such
    other legal entity and its members;
        (c) evidence of compliance with any statutory
    requirements pertaining to such legal entity, including
    compliance with any laws pertaining to the use of
    fictitious names, if a fictitious name is used; if the
    business is a sole proprietorship and doing business under
    a name other than that of the individual proprietor, the
    individual proprietor must list all business names used for
    that proprietorship.
    (1.5) A certificate issued by the Department before the
effective date of this amendatory Act of the 91st General
Assembly shall be deemed a license for the purposes of this
    (2) An applicant for a license must submit satisfactory
evidence that:
        (a) he or she has obtained public liability and
    property damage insurance in such amounts and under such
    circumstances as may be determined by the Department;
        (b) he or she has obtained Workers' Compensation
    insurance for roofing covering his or her employees or is
    approved as a self-insurer of Workers' Compensation in
    accordance with Illinois law;
        (c) he or she has an unemployment insurance employer
    account number issued by the Department of Employment
    Security, and he or she is not delinquent in the payment of
    any amount due under the Unemployment Insurance Act he or
    she has an Illinois Unemployment Insurance employer
    identification number or has proof of application to the
    Illinois Department of Labor for such an identification
        (d) he or she has submitted a continuous bond to the
    Department in the amount of $10,000 for a limited license
    and in the amount of $25,000 for an unlimited license; and
        (e) a qualifying party has satisfactorily completed
    the examination required under Section 3.5.
    (3) It is the responsibility of the licensee to provide to
the Department notice in writing of any changes in the
information required to be provided on the application.
    (4) All roofing contractors must designate a qualifying
party and otherwise achieve compliance with this Act no later
than July 1, 2003 or his or her license will automatically
expire on July 1, 2003.
    (5) Nothing in this Section shall apply to a seller of
roofing materials or services when the construction,
reconstruction, alteration, maintenance, or repair of roofing
or waterproofing is to be performed by a person other than the
seller or the seller's employees.
    (6) Applicants have 3 years from the date of application to
complete the application process. If the application has not
been completed within 3 years, the application shall be denied,
the fee shall be forfeited and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
(Source: P.A. 91-950, eff. 2-9-01.)
    (225 ILCS 335/9)  (from Ch. 111, par. 7509)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 9. Licensure requirement.
    (1) It is unlawful for any person to engage in the business
or act in the capacity of or hold himself or herself out in any
manner as a roofing contractor without having been duly
licensed under the provisions of this Act.
    (2) No work involving the construction, reconstruction,
alteration, maintenance or repair of any kind of roofing or
waterproofing may be done except by a roofing contractor
licensed under this Act.
    (3) Sellers of roofing services may subcontract the
provision of those roofing services only to roofing contractors
licensed under this Act.
    (4) All persons performing roofing services under this Act
shall be licensed as roofing contractors, except for those
persons who are deemed to be employees under Section 10 of the
Employee Classification Act of a licensed roofing contractor.
(Source: P.A. 90-55, eff. 1-1-98; 91-950, eff. 2-9-01.)

Effective Date: 1/1/2015