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| Public Act 098-0838 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Roofing Industry Licensing Act is | ||||
amended by changing Sections 3 and 9 as follows:
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(225 ILCS 335/3) (from Ch. 111, par. 7503)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 3. Application for license.
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(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
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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
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Department. The application shall include, but shall not be | ||
limited to:
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(a) the name and address of the person designated as | ||
the qualifying party
responsible for the practice of | ||
professional roofing in Illinois;
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(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;
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(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
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individual proprietor must list all business names used for | ||
that
proprietorship.
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(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
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Act.
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(2) An applicant for a license must submit satisfactory
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evidence that:
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(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;
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(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
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accordance with Illinois law;
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(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
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identification number or has proof of application to the | ||
Illinois Department of
Labor for such an identification | ||
number;
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(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
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(e) a qualifying party has satisfactorily completed | ||
the examination
required under Section 3.5.
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(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.
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(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.
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(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.
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(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.
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(Source: P.A. 91-950, eff. 2-9-01.)
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(225 ILCS 335/9) (from Ch. 111, par. 7509)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 9. Licensure requirement.
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(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.
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(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.
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(3) Sellers of roofing services may subcontract the | ||
provision of those
roofing services only to roofing contractors | ||
licensed under this Act.
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(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.)
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