Bill Text: IL SB1339 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Roofing Industry Licensing Act. Removes a provision that exempts a person who has a certain type of license from the examination requirement, so long as (1) the license continues to be valid and is renewed before expiration and (2) the person is not newly designated as a qualifying party after July 1, 2003. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0624 [SB1339 Detail]
Download: Illinois-2009-SB1339-Enrolled.html
|
|||||||
| |||||||
| |||||||
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7 | (Section scheduled to be repealed on January 1, 2016)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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.)
|