ENGROSSED HOUSE
BILL NO. 2509	By:	Stiles of the House

			   and

		Branan of the Senate

An Act relating to professions and occupations; amending 59 O.S. 2011, Sections 1151.2, 1151.3, 1151.4, 1151.5, 1151.7, 1151.10, 1151.11, 1151.12, 1151.13 and 1151.14, which relate to the Roofing Contractor Registration Act; modifying definitions; modifying certain unlawful acts; prohibiting certain claims if not registered in good standing under the act; providing for application process upon certain expiration; allowing certain grace period; authorizing Construction Industries Board to make certain public service announcements; requiring submission of certain sworn information; prohibiting registration of certain entity owner; permitting registrar to conduct criminal history search or background check; granting immunity to certain persons; modifying business limitations of roofing contractors; requiring roofing contractors maintain liability insurance and workers’ compensation coverage; requiring roofing contractors maintain certain status and registration; requiring roofing contractors file and pay all taxes on time; providing for noncompliance with certain requirements; modifying application timing limits; requiring roofing contractors provide certain notice to registrar; prohibiting certain name change; requiring new application if certain name is changed; modifying process for renewal applications; providing for failure to renew; mandating certain information be posted on a public website; directing certain search capabilities for the website; providing penalties for certain violations; directing law enforcement to arrest certain violators; directing district attorney to file certain charges; authorizing Attorney General to bring claim; requiring district attorney to bring charges or explain why there are no charges; providing for venue in Oklahoma County; directing where fines shall be paid; directing court to issue certain restitution; requiring Construction Industries Board to post certain information on its website; providing for certain civil claims; providing for fraud per se if certain conditions exist; repealing 59 O.S. 2011, Sections 1151.6, 1151.15 and 1151.22, which relate to the Roofing Contractor Registration Act; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2011, Section 1151.2, is amended to read as follows:
Section 1151.2  As used in the Roofing Contractor Registration Act:
1.  “Roofing services” means the construction, installation, renovation, repair, maintenance, alteration or waterproofing of commercial or residential roofs.  Roofing services shall not mean:
a.	the demolition of a structure or the cleanup of construction waste and debris that contains roofing material, or
b.	remedial repairs to roofs to prevent further damage to a structure where the value of the repairs is less than Five Hundred Dollars ($500.00);
2.  "Roofing contractor" means any person, including a subcontractor and nonresident contractor, or entity engaged in the business of commercial or residential providing or offering to perform roofing services to another for a fee, or who offers to engage in or solicits roofing-related services, including construction, installation, renovation, repair, maintenance, alteration, and waterproofing.  Roofing contractor shall not mean a person engaged in the demolition of a structure or the cleanup of construction waste and debris that contains roofing material nor a person working under the direct supervision of the roofing contractor who is hired either as an employee, day laborer, or contract laborer.  Roofing contractor shall not mean a general contractor, provided the general contractor’s subcontractors performing the work are properly registered;
2. 3.  "Nonresident contractor" means any contractor who has not established and maintained a place of business as a roofing contractor in this state within the preceding year, or who claims residency in another state, or who has not submitted an income tax return as a resident of this state within the preceding year;
3.  "Person" 4.  “Entity” means any individual, firm, partnership, association, corporation, limited liability company, or other group or combination thereof acting as a unit, unless the intent to give a more limited meaning is disclosed clearly by this act;
4. 5.  "Public contract" means a contract with the State of Oklahoma, its political subdivisions, or any board, commission, or department thereof, or with any board of county commissioners, or with any city council, school board, or with any state or municipal agency, or with any other public board, body, commission, or agency authorized to award contracts for the construction or reconstruction of public work and includes subcontracts undertaken to perform works covered by the original contract or any part thereof; and
5. 6.  "Registrar" means the Construction Industries Board or any person designated by the Board to administer the provisions of this act;
7.  “Entity owner” means any officer or person who owns any interest in an entity, including but not limited to a member, shareholder, partner or silent partner;
8.  “Applicant” means either the person or the business entity applying for registration under the Roofing Contractor Registration Act;
9.  “Fictitious name” means a name by which a sole proprietor or entity operates or advertises under that is different, even slightly, from its legal name;
10.  “Disqualifying crime” means any conviction, plea of guilty or nolo contendere, or deferred judgment in any state or the United States of any of the following:
a.	felony or misdemeanor fraud, embezzlement or taking money by false pretenses,
b.	forgery or counterfeiting,
c.	a felony involving the theft of the identity of another,
d.	insurance or public assistance fraud,
e.	felony passing of a bogus, stolen, fraudulent or counterfeit check, or
f.	attempt, conspiracy or accessory after the fact or aiding and abetting to commit any disqualifying crime; and
11.  “Disqualifying civil claim” means any finding of guilt of any of the following causes of action:
a.	fraud,
b.	embezzlement,
c.	taking money by false pretenses, or
d.	any other cause of action in which the person was ordered to return funds to another party.
SECTION 2.     AMENDATORY     59 O.S. 2011, Section 1151.3, is amended to read as follows:
Section 1151.3  A.  A It shall be unlawful for a person may not engage in the business nor or entity to act in the capacity of as or offer services as a roofing contractor within this state nor may that person bring or maintain any claim, action, suit, or proceeding in any court of this state related to the person's business or capacity as a roofing contractor without unless the person or entity holds a valid registration in good standing as provided in the Roofing Contractor Registration Act.
B.  A person who fails to obtain a valid registration prior to acting as a roofing contractor as defined in the Roofing Contractor Registration Act, a person who acts as a roofing contractor while his or her registration is suspended or revoked, or a person who violates any provision of the Roofing Contractor Registration Act shall be guilty of a misdemeanor, upon conviction, punishable by a fine not to exceed Five Hundred Dollars ($500.00) for each violation.  More than one violation in any twelve-month period shall be grounds for the suspension of the registration, and shall cause the person to be ineligible for  registration for a period not to exceed twelve (12) months It shall be unlawful for a person to make a false statement on the application for registration or renewal.
C.  It shall be unlawful for a person or entity performing roofing services to bring or maintain any claim, action, suit or proceeding in any court of this state, including but not limited to the collection of money for services rendered, related to roofing services rendered unless such person or entity had a valid registration in good standing as provided in the Roofing Contractor Registration Act at the time services were rendered.
D.  Any person properly registered with the Construction Industries Board on November 1, 2012, shall be considered in good standing until the expiration of the person or entity’s registration term.  Upon expiration, the person or entity shall complete the application process as if the person or entity was never registered.  There shall be a grace period of two (2) months for persons or entities registered prior to November 1, 2012, to become compliant with the Roofing Contractor Registration Act.
SECTION 3.     AMENDATORY     59 O.S. 2011, Section 1151.4, is amended to read as follows:
Section 1151.4  The Construction Industries Board is authorized to employ personnel and procure such supplies and equipment as may be necessary to carry out and implement the provisions of this act the Roofing Contractor Registration Act, subject to budgetary limitations and funding.  The Construction Industries Board may promulgate forms to implement the provisions of this act.  The Construction Industries Board may administer any provision of this act through use of the Internet or other technology as deemed necessary or appropriate.   The Construction Industries Board is authorized to make public service announcements in areas affected by storms to inform the public of their rights under this act.
SECTION 4.     AMENDATORY     59 O.S. 2011, Section 1151.5, is amended to read as follows:
Section 1151.5  A.  To obtain a roofing contractor registration under the Roofing Contractor Registration Act, an applicant a person with an ownership interest in the business who is eighteen (18) years of age or older shall submit, on forms the registrar prescribes, an the following information sworn under oath:
1.  The full legal name of the business or sole proprietor.  If the applicant is a sole proprietor then the business name shall be the applicant’s name.  If the applicant is an entity then the registration shall be under the full entity legal name;
2.  The fictitious name of the business or a statement that the applicant does not operate under any fictitious name.  Each person or entity may only register one fictitious name per application.  If the applicant has multiple fictitious names then each fictitious name shall be treated as a separate business or entity for which a separate application process shall be required.  If the person or entity identifies a fictitious name then the person or entity shall provide a certificate of trade name filed with the Secretary of State;
3.  The phone number, physical address and mailing address of the applicant;
4.  If the applicant is not a sole proprietor, a letter of good standing with the Secretary of State;
5.  The full legal name, date of birth, phone number and physical address of all entity owners;
6.  An application under oath containing a statement of the applicant's experience and qualifications as a roofing contractor, if any, the applicant’s name, physical address, business name and address and place of incorporation, if different, information on any other person who will be authorized to act as the business entity, and the applicant’s phone number.;
7.  A copy of the roofing contractor’s certificate of liability insurance shall be filed with the application and which shall be not less than Five Hundred Thousand Dollars ($500,000.00).  Any insurance company issuing a liability policy to a roofing contractor pursuant to the provisions of the Roofing Contractor Registration Act shall be required to notify the Construction Industries Board in the event such liability policy is cancelled for any reason or lapses for nonpayment of premiums.  All registrations granted under the Roofing Contractor Registration Act shall be suspended on the date of the policy cancellation.  The registrar must receive proof of insurance prior to restoring the registration.  In addition, the roofing contractor shall submit proof that the contractor has secured;
8.  Proof of workers' compensation coverage satisfactory under the Workers' Compensation Act, or an affidavit of exemption or self-insurance as authorized pursuant to the Workers’ Compensation Act.;
If the registrar deems it appropriate or necessary, the registrar may also require 9.  Any other information as the registrar deems it appropriate or necessary to be included on the application form to assist the registrar in registering the person as a contractor.;
The application shall contain statements 10.  Statements that the applicant desires the issuance of a roofing contractor registration certificate; that the applicant will comply with the provisions of the Roofing Contractor Registration Act; that the applicant will comply with state laws and local ordinances relating to standards and permits; that the applicant has or has not been registered or licensed as a roofing contractor in another state and whether any disciplinary action was taken against such registration or license or whether it is still in good standing; and that the nonresident applicant appoints the Secretary of State as legal service agent for all lawful process to be served upon the applicant for work performed in this state or as otherwise provided in the Roofing Contractor Registration Act;
11.  A statement under oath by each entity owner as to whether or not the entity owner has committed any disqualifying crime or disqualifying civil claim.  If an applicant answers in the affirmative to any of the questions in this subsection, the registrar shall prescribe a form to gather specific information as to each affirmative answer in order to determine if the applicant is eligible for registration; and
12.  A statement under oath by each entity owner as to whether or not the entity owner has ever been investigated for a disqualifying crime.
B.  The registrar shall refuse to register any person applicant if the registrar determines:
1.  The application contains false, misleading, or incomplete information;
2.  The applicant fails or refuses to provide any information requested by the registrar;
3.  The applicant fails or refuses to pay the required fees;
4.  The applicant is ineligible for registration due to a suspended or revoked registration in this state;
5.  The nonresident applicant has a revoked or suspended registration or license required by law for roofing contractors in another state; or
6.  The applicant has failed or refuses to submit any taxes due in this state; or
7.  Any entity owner has committed or been found to have committed any disqualifying crime or disqualifying civil claim, or a combination of both.
C.  When deemed appropriate, the registrar may conduct a criminal history records search or background check on any applicant or registered roofing contractor and may investigate the information submitted on a roofing contractor application or renewal form.
D.  The registrar, its agents, employees and assigns shall not be liable and are granted immunity for the acts or omissions of any registered roofing contractor or its employees, or for the failure or omission of any person to properly disclose any information on an application or renewal form, including, but not limited to, pending criminal charges, arrests or prior criminal history records, disclosure of roofing contractor registration status, or qualifications to perform or act as a roofing contractor.
E.  The registrar shall notify the applicant in writing if the registrar denies a registration or renewal certificate, and shall provide the applicant an opportunity to respond to or cure any defect in the written application or renewal for a period of ten (10) days from the date of the written notification.  An applicant aggrieved by a decision of the registrar denying a registration or renewal may appeal the decision as provided in the Administrative Procedures Act, or the applicant may reapply after a ninety-day waiting period, if otherwise eligible under the provisions of the Roofing Contractor Registration Act.  The application and renewal fees shall not be refundable.
D.  The registrar shall classify as not in good standing the registration of any roofing contractor who fails to:
1.  Maintain liability insurance coverage;
2.  Maintain workers' compensation coverage satisfactory under the Workers' Compensation Act, or provide an affidavit of exemption or self-insurance as authorized pursuant to the Workers’ Compensation Act;
3.  File, renew, or properly amend any fictitious name certificate;
4.  Maintain an active status of a corporation or registration as a foreign corporation, a limited liability company or registration as a foreign limited liability company, a limited liability partnership registration or foreign limited liability partnership registration, or a limited partnership certificate or limited partnership or foreign limited partnership certificate of authority, with the Office of the Secretary of State;
5.  File or renew a trade name registration;
6.  Maintain or renew a roofing contractor registration as provided in the Roofing Contractor Registration Act;
7.  Notify the registrar of a change in name, address, legal business entity, legal service agent, or adjudication by a court of competent jurisdiction for any act or omission specified in subsection A of Section 1151.14 of this title or a violation of the Roofing Contractor Registration Act;
8.  Maintain a registration as required by law in another state while registered in this state as a nonresident roofing contractor; or
9.  File and pay all taxes when due in this state.
E.  The registrar shall send a written notice to the person when his or her registration is not in good standing.  Any roofing contractor who has been notified by the registrar that his or her registration is not in good standing shall cease soliciting or entering new roofing services and projects as of the date of such notification; however, the roofing contractor shall be allowed to complete roofing projects where actual physical work has begun prior to the date of issuance of the notice that his or her registration is not in good standing.  The roofing contractor must disclose the change in standing to any homeowner or other person who has an interest in any job covered under the Roofing Contractor Registration Act.  Upon notice of a change in standing, the homeowner shall have the option to cancel the contract.  The roofing contractor will be owed the actual cost incurred for materials and the market value of labor already incurred on the job.  The roofing contractor must obtain an updated authorization from the homeowner and other parties of interest if there is an agreement to continue the job as originally negotiated.  If the roofing contractor fails to correct the deficiency specified in the notice by evidence satisfactory to the registrar within thirty (30) days of the date of the notice, or if the roofing contractor solicits or enters into new roofing services contracts or projects while the roofing contractor's registration is not in good standing, or while such registration is suspended or revoked, the roofing contractor shall be in violation of the provisions of the Roofing Contractor Registration Act.  Any registration that remains not in good standing for a sixty-day period shall be suspended on the sixtieth day from the date of issuance of the notice to the roofing contractor that his or her registration is not in good standing.  Any registration the remains not in good standing, and is suspended for such cause, shall be revoked on the ninetieth day from the date of issuance of the notice to the roofing contractor that his or her registration is not in good standing.  The registrar shall notify the roofing contractor upon suspension or revocation of his or her registration for failure to comply in bringing such registration into good standing as required by law.  The roofing contractor may reinstate his or her registration to good standing by paying the required fees provided in Section 1151.12 of this title and complying with all other requirements for issuance of a registration in good standing.  Any person aggrieved by the decision of the registrar to suspend or revoke a registration pursuant to this section may appeal such decision as provided in the Administrative Procedures Act.
SECTION 5.     AMENDATORY     59 O.S. 2011, Section 1151.7, is amended to read as follows:
Section 1151.7  The holder of a roofing contractor registration certificate is entitled to engage in the roofing business within this state pursuant to the provisions of the Roofing Contractor Registration Act, and subject to the following limitations:
1.  A roofing contractor’s registration certificate number shall be valid and in good standing at the time of soliciting a project and during subsequent job performance until completion of roofing services;
2.  A roofing contractor’s registration certificate number shall be submitted when applying for any permit issued by the state, or any of its political subdivisions, for commercial or residential roofing services or projects, if a permit is required by such authority, and shall be written upon each permit issued.  Provided, however, no permitting authority shall require a roofing contractor registration certificate as a condition to issuing a permit when registration is exempt pursuant to Section 1151.9 of this title;
3.  A roofing contractor’s registration certificate cannot be shared or used by any other individual or business entity; provided, however, a business firm, partnership, association, corporation, limited liability company, or other group or combination thereof acting as a unit may be granted a single roofing registration certificate number for use by designated roofing contractors acting as employee agents for the business entity when the application for registration contained sufficient information on each member, partner, officer and agent and the registrar issued a single certificate number to such persons as a business unit;
4.  Upon any change to the name, address, business entity, or legal service agent of a roofing contractor or upon adjudication by a court of competent jurisdiction for a violation of the Roofing Contractor Registration Act or an act or omission specified in subsection A of Section 1151.14 of this title, the registrar shall be notified in writing;
5.  A roofing contractor shall comply with state laws and local ordinances relating to standards and permits for roofing services and projects; and
6.  A roofing contractor must pay taxes due in this state
5.  During the registration term, all roofing contractors operating in the state shall:
a.	maintain liability insurance coverage of at least Five Hundred Thousand Dollars ($500,000.00),
b.	maintain workers' compensation coverage satisfactory under the Workers' Compensation Code, or provide an affidavit of exemption or self-insurance as authorized pursuant to the Workers’ Compensation Code,
c.	notify the registrar within five (5) days of any change to the information supplied by the roofing contractor in the application including, but not limited to, if any entity owner has committed or been found to have committed any disqualifying crime or civil claim,
d.	maintain an active status of a corporation or registration as a foreign corporation, a limited liability company or registration as a foreign limited liability company, a limited liability partnership registration or foreign limited liability partnership registration, or a limited partnership certificate or limited partnership or foreign limited partnership certificate of authority, with the Secretary of State,
e.	maintain the registration of any trade name,
f.	maintain or renew a roofing contractor registration as provided in the Roofing Contractor Registration Act,
g.	maintain a registration as required by law in another state while registered in this state as a nonresident roofing contractor, and
h.	file and pay all taxes when due in this state; and
6.  Any person or entity that fails to comply with this section shall be deemed not in good standing and shall be subject to the penalty provisions of Section 1151.14 of this title.
SECTION 6.     AMENDATORY     59 O.S. 2011, Section 1151.10, is amended to read as follows:
Section 1151.10  Within twenty-five (25) sixty (60) calendar days from the date of application, the registrar shall either issue or deny the roofing contractor registration.  No registration shall be issued to an applicant until the registrar receives all documentation and fees necessary to obtain a registration certificate in good standing and a period of thirty (30) days have passed since the application was submitted.  The registration certificate issued on an original application entitles the person to act as a roofing contractor within this state for one (1) year, subject to the limitations of this act, until the expiration of the then current fiscal year ending June 30, except that an initial registration issued in May or June is valid until June 30 of the subsequent year.  On the effective date of this act, a prorated registration certificate issued between January 1, 2011, and April 30, 2011, shall be valid until June 30, 2011 the Roofing Contractor Registration Act.
SECTION 7.     AMENDATORY     59 O.S. 2011, Section 1151.11, is amended to read as follows:
Section 1151.11  Not later than ten (10) days after the date of a change in a roofing contractor's name, address, or legal service agent, or upon a The registered roofing contractor ceasing business as a roofing contractor, the person or entity shall notify the registrar of the any change to the information in the roofing contractor’s application on a form provided by the registrar within five (5) days of a change.  A name, address, or legal service agent change shall be accompanied by a fee not exceeding Twenty-five Dollars ($25.00) to be set by the registrar.  A person may not change his or her name under an active registration certificate if the change is associated with a change in the legal status of the business entity other than a change in marital status.  Doing business under a new business name or a change in legal status of a business requires issuance of a new registration certificate.  When a registered roofing contractor ceases to be active as a roofing contractor, the registrar shall suspend the registration certificate of such contractor not change its legal or fictitious name.  A roofing contractor that changes its legal or fictitious name shall file and be treated as a new application.
SECTION 8.     AMENDATORY     59 O.S. 2011, Section 1151.12, is amended to read as follows:
Section 1151.12  A.  Any roofing contractor registration certificate issued under this act may be renewed for each successive fiscal year by obtaining from the registrar a certificate of renewal.  To obtain a certificate of renewal, the person shall file with the registrar a renewal application by June 30 before the expiration of the registrant’s registration term and pay the renewal fee.  The application for renewal shall require statements under oath that the applicant has properly submitted income and employment taxes due in this state; and whether or not the applicant has been convicted of any felony offense, and the nature of such offense, there has been any change to the information on the previous application since issuance of the prior registration; and whether or not the applicant has been adjudicated by a court of competent jurisdiction for any violation of this act or any act or omission specified in subsection A of Section 14 of this act disqualifying crime or civil claim.  The registrar may forward a copy of any information in an application for renewal to the Oklahoma Tax Commission and any other state agency.  The applicant shall include with the renewal application a copy of the certificate of liability insurance, unless the registrar has a current valid certificate of insurance on file, proof of workers’ compensation coverage, unless exempt under the Workers’ Compensation Act Code, and, if applicable, a copy of the current registration certificate required by law for roofing contractors.  The renewal application need not be notarized.
B.  The registrar shall refuse to renew a roofing contractor’s registration certificate for any reason stated in subsection B of Section 5 1151.5 of this act title.  The registrar shall notify the applicant in writing if the registrar denies the renewal as provided in subsection C E of Section 5 1151.5 of this act title.
C.  If any roofing contractor fails to file a renewal application by the June 30 deadline that contractor's registration shall be not in good standing renew by thirty (30) days after the end of its registration period or the registrar does not renew the registration for failure to comply with the Roofing Contractor Registration Act, the person or entity shall be considered not registered.  A roofing contractor has a thirty-day grace period after June 30 the expiration of the registration term to renew the registration certificate without a late fee.  The late fee shall be set by the registrar and such fee shall not exceed One Hundred Dollars ($100.00).  A roofing contractor registration certificate not renewed by August 30 shall be suspended for failure to renew, and on January 1, if a roofing contractor’s registration certificate still has not been renewed, it shall be revoked for failure to renew.
D.  1.  A roofing contractor desiring to renew a registration certificate that has been suspended for any cause provided in this act shall be assessed a fee equal to twice the amount of the fee established by subsection D of Section 8 1151.8 of this act title.
2.  The registrar shall assess a reinstatement fee not exceeding Three Hundred Dollars ($300.00) to be set by the registrar plus the fee established by Section 8 1151.8 of this act title for any registration that has been revoked for any cause provided in this act.
3.  A roofing contractor submitting an application for registration after suspension or revocation of that contractor’s registration certificate must be otherwise eligible for registration under this act.
E.  The registrar shall include a registration status notation in a roofing contractor’s record if the status of registration changes from an active and valid registration to not in good standing, denied, suspended or revoked.
SECTION 9.     AMENDATORY     59 O.S. 2011, Section 1151.13, is amended to read as follows:
Section 1151.13  The registrar shall maintain in the registrar's office in Oklahoma City, Oklahoma, open to public inspection during normal office hours and on its website, a complete indexed record of all roofing contractor registrations and information maintained on individual roofing contractors.  The registrar may dispose of an inactive roofing contractor file after three (3) years.  Before disposal and upon written request by any person, the registrar shall furnish a certified copy of any information maintained on an individual roofing contractor upon receipt of the sum of Ten Dollars ($10.00) for each annual record.  The index shall also be available on a public website with capabilities to search by applicant, entity and entity owner name.  Each certified copy of a roofing contractor’s record from the registrar shall be received in all courts in this state as prima facie evidence of the facts stated therein.  The registrar may condense or provide an abstract of a roofing contractor’s record for public inspection at any time for purposes of data management; provided, a complete record is available for public inspection upon written request.
SECTION 10.     AMENDATORY     59 O.S. 2011, Section 1151.14, is amended to read as follows:
Section 1151.14  A.  Any person may file a duly verified complaint with the registrar alleging that the person has committed any of the following acts or omissions:
1.  Abandonment of a roofing contract without legal excuse after a deposit of money or other consideration has been paid;
2.  Diversion of funds or property entrusted to a roofing contractor;
3.  Engaging in any fraudulent or deceptive acts or practices or misrepresentation of products, services or qualifications as a roofing contractor;
4.  Making a false or misleading statement in an application for roofing contractor registration or renewal application or in soliciting a contract for roofing services;
5.  Adjudication against the roofing contractor by a court of competent jurisdiction for a violation of the provisions of this act;
6.  Engaging in work without a valid registration as required for roofing contractors pursuant to this act or performing roofing services during any period when the roofing contractor’s registration is denied, suspended or revoked;
7.  Engaging in roofing services without obtaining a proper permit as may be required by any state or local authority;
8.  Failure to comply with any tax laws authorized by the state or any of its political subdivisions;
9.  Damaging or injuring persons or property while performing roofing services under a valid roofing contractor registration for which the roofing contractor’s liability insurance or workers compensation coverage was inadequate; or
10.  Failure to comply with a specified provision of this act or entity who has acted as a roofing contractor while not in good standing or without being registered, or a person or entity owner who violates any provision of the Roofing Contractor Registration Act shall be guilty of a misdemeanor, upon conviction, punishable by a fine of not less than Five Hundred Dollars ($500.00) but not more than One Thousand Dollars ($1,000.00) for each violation.  Upon the third conviction, subsequent violations shall be charged as a felony.  Nothing in this act shall preclude the additional charge of taking money by false pretenses.
1.  Any person violating this act may be arrested by any law enforcement agency with probable cause.  If an inspector with the Construction Industries Board notifies a law enforcement officer of a roofing contractor performing roofing services without registration or not in good standing, it shall be presumed that the officer has probable cause to arrest.
2.  The district attorney where the roofing contractor committed a violation shall file charges upon a report filed with any law enforcement agency by any person.  In addition to the district attorney, the Attorney General shall have authority to bring a claim in any proper venue.
3.  Within thirty (30) days of written demand by a representative of the Construction Industries Board, the district attorney for the county where the roofing contractor violated this act shall either bring charges or respond as to the reason why charges shall not be brought against the alleged violator.
4.  In addition to the county where the violation occurred, venue shall be proper in Oklahoma County to bring a claim against any person violating this act in Oklahoma County.
5.  When a person is found guilty under this act, the fine shall go to the district attorney’s office that filed the action for their prosecutorial expenses.  In addition to the fine, the court shall issue reasonable restitution to the Construction Industries Board for its investigation and testimony expenses paid by the person found guilty.
6.  In order to inform the public of unlawfully operating roofing contractors and the prosecution thereof, the Construction Industries Board shall post the following information on its website:
a.	the names of all persons and entities which the Construction Industries Board has demanded to be prosecuted under this section,
b.	the county of the district attorney the demand was referred to,
c.	the date the demand for prosecution was made, and
d.	either the date the district attorney brought charges against the alleged violator, or the reason why the district attorney has not brought charges.
B.  The complaint shall be on a form approved by the registrar and shall set forth the alleged act or omission stated in subsection A of this section, and a statement of sufficient facts upon which a reasonable person could conclude that the act or omission specified in subsection A of this section has been committed.  All complaints filed with the registrar shall be open to public inspection.  Nothing in this section shall be construed to require the complainant to first file a complaint with the registrar before seeking relief or remedies allowed by law A person who paid money to any roofing contractor and such roofing contractor did not complete the roofing services in a reasonable amount of time may bring an action of fraud in civil court.  It is fraud per se if a roofing contractor was not registered or was registered but not in good standing at the time of receiving money.
C.  A complaint received by the registrar as provided in this section shall be referred to the district attorney for appropriate disposition as determined by the district attorney, in his or her discretion.
SECTION 11.     REPEALER     59 O.S. 2011, Sections 1151.6, 1151.15 and 1151.22, are hereby repealed.
SECTION 12.  This act shall become effective November 1, 2012.
Passed the House of Representatives the 15th day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2012.

	
Presiding Officer of the Senate