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| Public Act 096-0624 |
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AN ACT concerning professional 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 2, 3.5, 4.5, and 5 as follows:
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(225 ILCS 335/2) (from Ch. 111, par. 7502)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 2. Definitions. As used in this Act, unless the | ||||
context otherwise
requires:
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(a) "Licensure" means the act of obtaining or
holding a | ||||
license issued by the Department as provided in this Act.
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(b) "Department" means the Department of Professional | ||||
Regulation.
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(c) "Director" means the Director of Professional | ||||
Regulation.
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(d) "Person" means any individual, partnership, | ||||
corporation, business
trust, limited liability company, or | ||||
other legal entity.
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(e) "Roofing contractor" is one who has the experience, | ||||
knowledge and skill to construct,
reconstruct, alter, maintain | ||||
and repair roofs and use materials and items
used in the | ||||
construction, reconstruction, alteration, maintenance and
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repair of all kinds of roofing and waterproofing as related to | ||||
roofing, all in such manner to
comply with all plans, | ||
specifications, codes, laws, and regulations
applicable | ||
thereto, but does not include such contractor's employees to | ||
the
extent the requirements of Section 3 of this Act apply and | ||
extend to such
employees.
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(f) "Board" means the Roofing Advisory Board.
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(g) "Qualifying party" means the individual filing as a | ||
sole proprietor,
partner of a partnership, officer of a | ||
corporation, trustee of a business
trust, or party of another | ||
legal entity, who is legally qualified to act for
the business | ||
organization in all matters connected with its roofing | ||
contracting
business, has the authority to supervise roofing | ||
installation operations, and
is
actively engaged in day to day | ||
activities of the business organization.
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"Qualifying party" does not apply to a seller of roofing | ||
materials or
services when the construction, reconstruction,
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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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(h) "Limited roofing license" means a license made | ||
available to
contractors whose roofing business is limited to | ||
residential roofing, including
residential properties | ||
consisting of 8 units or less.
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(i) "Unlimited roofing license" means a license made | ||
available to
contractors whose roofing business is unlimited in | ||
nature and includes roofing
on residential, commercial, and | ||
industrial properties.
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(j) "Seller of services or materials" means a business | ||
entity primarily engaged in the sale of tangible personal | ||
property at retail. | ||
(Source: P.A. 95-303, eff. 1-1-08.)
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(225 ILCS 335/3.5)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 3.5. Examination.
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(a) The Department shall authorize examinations for | ||
applicants for
initial licenses at the time and place it may
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designate. The examinations shall be of a character to fairly | ||
test the
competence and qualifications of applicants to act as | ||
roofing contractors.
Each applicant for limited licenses shall | ||
designate a qualifying party who
shall
take an examination, the | ||
technical
portion of which shall cover residential roofing | ||
practices. Each applicant for
an
unlimited license shall | ||
designate a qualifying party who shall take an
examination, the | ||
technical portion of which
shall cover residential, | ||
commercial, and industrial roofing practices.
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(b) An applicant for a limited license or an unlimited | ||
license or a
qualifying party designated by an applicant for a | ||
limited license or unlimited
license
shall pay, either to the | ||
Department or the
designated testing service, a fee established | ||
by the Department to cover the
cost of providing the | ||
examination. Failure of the individual scheduled
to appear for | ||
the
examination on
the scheduled date at the time and place | ||
specified after his or her application
for examination has been | ||
received and acknowledged by the Department
or the designated | ||
testing service shall result in forfeiture of the examination
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fee.
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(c) A person who has a license as described in subsection | ||
(1.5) of Section 3
is exempt from the examination requirement | ||
of this Section, 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. | ||
The
qualifying party for an
applicant for a new license must | ||
have passed an examination authorized by
the Department
before
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the Department may issue a license.
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(d) The application for a license as a corporation, | ||
business trust, or other legal entity submitted by a sole | ||
proprietor who is currently licensed under this Act and exempt | ||
from the examination requirement of this Section shall not be | ||
considered an application for initial licensure for the | ||
purposes of this subsection (d) if the sole proprietor is named | ||
in the application as the qualifying party and is the sole | ||
owner of the legal entity. Upon issuance of a license to the | ||
new legal entity, the sole proprietorship license is | ||
terminated. | ||
The application for initial licensure as a partnership, | ||
corporation, business trust, or other legal entity submitted by | ||
a currently licensed partnership, corporation, business trust, | ||
or other legal entity shall not be considered an application | ||
for initial licensure for the purposes of this subsection (d) | ||
if the entity's current qualifying party is exempt from the | ||
examination requirement of this Section, that qualifying party | ||
is named as the new legal entity's qualifying party, and the | ||
majority of ownership in the new legal entity remains the same | ||
as the currently licensed entity. Upon issuance of a license to | ||
the new legal entity under this subsection (d), the former | ||
license issued to the applicant is terminated.
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(e) An applicant has 3 years after the date of his or her | ||
application to complete
the application process. If the process | ||
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
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reapplication.
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(Source: P.A. 95-303, eff. 1-1-08.)
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(225 ILCS 335/4.5)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 4.5. Duties of qualifying party; replacement; grounds | ||
for discipline. | ||
(a) While engaged as or
named as a
qualifying party for a | ||
licensee, no person
may be the named qualifying party for any | ||
other licensee.
However, the person may act in the capacity of | ||
the qualifying party for
one additional licensee of the same | ||
type of licensure if one of the following
conditions exists:
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(1) There is a common ownership of at least 25% of each | ||
licensed entity
for
which the person acts as a qualifying | ||
party.
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(2) The same person acts as a qualifying party
for one | ||
licensed entity and its licensed subsidiary.
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"Subsidiary" as used in this Section means a corporation of | ||
which at least
25% is owned by another licensee.
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(b) In the event that a qualifying party is terminated or | ||
terminating his or her
status
as qualifying party of a | ||
licensee, the qualifying party and the licensee shall
notify | ||
the Department of that fact in writing. Thereafter, the | ||
licensee shall
notify the Department of the name and address of | ||
the newly designated
qualifying party. The newly designated | ||
qualifying party must take the
examination prescribed in | ||
Section 3.5 of this Act; however, a newly designated qualifying | ||
party is exempt from the examination requirement until January | ||
1, 2012 if he or she has acted in the capacity of a roofing | ||
contractor for a period of at least 15 years for the licensee | ||
for which he or she seeks to be the qualifying party. These
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requirements shall be met in a timely manner as established by | ||
rule of the
Department. | ||
(c) A qualifying party that is accepted by the Department | ||
shall have the authority to act for the licensed entity in all | ||
matters connected with its roofing contracting business and to | ||
supervise roofing installation operations. This authority | ||
shall not be deemed to be a license for purposes of this Act. | ||
(d) Designation of a qualifying party by an applicant under | ||
Section 3 is subject to acceptance by the Department. The | ||
Department may refuse to accept a qualifying party (i) for | ||
failure to qualify as required under this Act and the rules | ||
adopted under this Act or (ii) after making a determination | ||
that the designated party has a history of acting illegally, | ||
fraudulently, incompetently, or with gross negligence in the | ||
roofing or construction business. | ||
(e) The Department may, at any time after giving | ||
appropriate notice and the opportunity for a hearing, suspend | ||
or revoke its acceptance of a qualifying party designated by a | ||
licensee for any act or failure to act that gives rise to any | ||
ground for disciplinary action against that licensee under | ||
Section 9.1 or 9.6 of this Act. If the Department suspends or | ||
revokes its acceptance of a qualifying party, the license of | ||
the licensee shall be deemed to be suspended until a new | ||
qualifying party has been designated by the licensee and | ||
accepted by the Department. | ||
If acceptance of a qualifying party is suspended or revoked | ||
for action or inaction that constitutes a violation of this Act | ||
or the rules adopted under this Act, the Department may in | ||
addition take such other disciplinary or non-disciplinary | ||
action as it may deem proper, including imposing a fine on the | ||
qualifying party, not to exceed $10,000 for each violation. | ||
All administrative decisions of the Department under this | ||
subsection (e) are subject to judicial review pursuant to | ||
Section 9.7 of this Act. An order taking action against a | ||
qualifying party shall be deemed a final administrative | ||
decision of the Department for purposes of Section 9.7 of this | ||
Act.
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(Source: P.A. 91-950, eff. 2-9-01.)
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(225 ILCS 335/5) (from Ch. 111, par. 7505)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 5. Display of license number; advertising.
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(a) Each State licensed roofing contractor shall
affix the
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license number of his or her license to all of his
or
her | ||
contracts and bids. In
addition, the official issuing building | ||
permits shall affix the
roofing contractor license number to | ||
each application for a building permit
and on
each building | ||
permit issued and recorded.
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(a-5) If a general contractor applies for a building permit | ||
with a unit of local government and knowingly submits a roofing | ||
license number that is not that of the roofing contractor who | ||
will be the subcontractor for the project for which the general | ||
contractor has requested the permit, the general contractor | ||
shall be guilty of identity theft under subsection (a) of | ||
Section 16G-15 of the Criminal Code of 1961. | ||
(b) In addition, every roofing contractor shall affix the
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roofing
contractor license number and the licensee's name, as | ||
it appears on the license, on all commercial vehicles used as
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part
of his
or her business as a roofing contractor.
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(c) Every holder of a license shall
display it in a
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conspicuous place in his or her principal office, place of | ||
business, or place
of employment.
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(d) No person licensed under this Act may advertise | ||
services regulated by
this Act unless that person includes in | ||
the advertisement his or her license
number. Nothing contained | ||
in this subsection requires the publisher of
advertising for | ||
roofing contractor services to investigate or verify the
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accuracy of the
license number provided by the licensee.
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(e) A person who advertises services regulated by this Act | ||
who knowingly (i)
fails to display the license number in any | ||
manner required by this Section,
(ii) fails to provide a | ||
publisher with the correct license number as required
by | ||
subsection (d), or (iii) provides a publisher with a false | ||
license number or
a license number of another person, or a | ||
person who knowingly allows his or her
license number to be | ||
displayed or used by another person to circumvent any
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provisions of this Section, is guilty of a Class A misdemeanor | ||
with a fine of
$1,000, and, in addition, is subject to the | ||
administrative enforcement
provisions of this Act.
Each day | ||
that an advertisement runs or each day that a person knowingly | ||
allows
his or her license to be displayed or used in violation | ||
of this Section
constitutes a separate offense.
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(Source: P.A. 94-254, eff. 7-19-05.)
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