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91_SB0487ham001
LRB9100640ACtmam07
1 AMENDMENT TO SENATE BILL 487
2 AMENDMENT NO. . Amend Senate Bill 487 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Roofing Industry Licensing
5 Act"; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Roofing Industry Licensing Act
9 is amended by changing Sections 2, 3, 9.2, 9.4, 9.5, 9.14,
10 10, and 11.5 and adding Sections 3.2, 3.5, 4.5, and 5.5 as
11 follows:
12 (225 ILCS 335/2) (from Ch. 111, par. 7502)
13 Sec. 2. Definitions. As used in this Act, unless the
14 context otherwise requires:
15 (a) "Licensure" means the act of obtaining or holding a
16 license issued by the Department as provided in this Act.
17 (b) "Department" means the Department of Professional
18 Regulation.
19 (c) "Director" means the Director of Professional
20 Regulation.
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1 (d) "Person" means any individual, partnership,
2 corporation, business trust, limited liability company, or
3 other legal entity.
4 (e) "Roofing contractor" is one whose services are
5 unlimited in the roofing trade and who has the experience,
6 knowledge and skill to construct, reconstruct, alter,
7 maintain and repair roofs and use materials and items used in
8 the construction, reconstruction, alteration, maintenance and
9 repair of all kinds of roofing and waterproofing, all in such
10 manner to comply with all plans, specifications, codes, laws,
11 and regulations applicable thereto, but does not include such
12 contractor's employees to the extent the requirements of
13 Section 3 of this Act apply and extend to such employees.
14 (f) "Board" means the Roofing Advisory Board.
15 (g) "Qualifying party" means the individual filing as a
16 sole proprietor, partner of a partnership, officer of a
17 corporation, trustee of a business trust, or party of another
18 legal entity, who is legally qualified to act for the
19 business organization in all matters connected with its
20 roofing contracting business, has the authority to supervise
21 roofing operations, and is actively engaged in day to day
22 activities of the business organization.
23 (h) "Limited roofing license" means a license made
24 available to contractors whose roofing business is limited to
25 residential roofing, including residential properties
26 consisting of 8 units or less.
27 (i) "Unlimited roofing license" means a license made
28 available to contractors whose roofing business is unlimited
29 in nature and includes roofing on residential, commercial,
30 and industrial properties.
31 (Source: P.A. 89-387, eff. 1-1-96; 89-594, eff. 8-1-96;
32 90-55, eff. 1-1-98.)
33 (225 ILCS 335/3) (from Ch. 111, par. 7503)
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1 Sec. 3. Application for license.
2 (1) To obtain a license, an applicant must indicate if
3 the license is sought for a sole proprietorship, partnership,
4 corporation, business trust, or other legal entity and
5 whether the application is for a limited or unlimited roofing
6 license. If the license is sought for a sole proprietorship,
7 the license shall be issued to the proprietor who shall also
8 be designated as the qualifying party. If the license is
9 sought for a partnership, corporation, business trust, or
10 other legal entity, the license shall be issued in the
11 company name. A company must designate one individual who
12 will serve as a qualifying party. The qualifying party is
13 the individual who must take the examination required under
14 Section 3.5. The company shall submit an application in
15 writing to the Department on a form containing the
16 information prescribed by the Department and accompanied by
17 the fee fixed by the Department. The application shall
18 include, but shall not be limited to:
19 (a) the name and address of the person designated
20 as the qualifying party responsible for the practice of
21 professional roofing in Illinois;
22 (b) the name of the proprietorship and its
23 proprietor, the name of the partnership and its partners,
24 the name of the corporation and its officers and
25 directors, the name of the business trust and its
26 trustees, or the name of such other legal entity and its
27 members;
28 (c) evidence of compliance with any statutory
29 requirements pertaining to such legal entity, including
30 compliance with any laws pertaining to the use of
31 fictitious names, if a fictitious name is used; if the
32 business is a sole proprietorship and doing business
33 under a name other than that of the individual
34 proprietor, the individual proprietor must list all
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1 business names used for that proprietorship.
2 A certificate issued by the Department before the
3 effective date of this amendatory Act of the 91st General
4 Assembly shall be deemed a license for purposes of this Act.
5 To obtain a certificate, an applicant shall submit an
6 application in writing to the Department on a form containing
7 the information prescribed by the Department and accompanied
8 by the fee fixed by the Department.
9 (2) An applicant for a license certificate must submit
10 satisfactory evidence that:
11 (a) he or she has obtained public liability and
12 property damage insurance in such amounts and under such
13 circumstances as may be determined by the Department;
14 (b) he or she has obtained Workers' Compensation
15 insurance covering his or her employees or is approved as
16 a self-insurer of Workers' Compensation in accordance
17 with Illinois law;
18 (c) he or she has an Illinois Unemployment
19 Insurance employer identification number or has proof of
20 application to the Illinois Department of Labor for such
21 an identification number;
22 (d) he or she has submitted a 2-year bond to the
23 Department in the amount of $10,000 for a limited license
24 and in the amount of $25,000 for an unlimited license;
25 and $5,000.
26 (e) a qualifying party has satisfactorily completed
27 the examination required under Section 3.5.
28 (3) It is the responsibility of the licensee to provide
29 to the Department notice in writing of any changes in the
30 information required to be provided on the application.
31 (4) Until July 1, 2000, a roofing contractor who has
32 been registered by the Department to perform services
33 regulated by this Act for at least 5 consecutive years before
34 the effective date of this amendatory Act of the 91st General
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1 Assembly is exempt from the examination requirements under
2 Section 3.5. After July 1, 2000, all roofing contractors must
3 designate a qualifying party and otherwise achieve compliance
4 with this Act no later than July 1, 2001 or his or her
5 license will automatically expire on July 1, 2001.
6 (Source: P.A. 89-387, eff. 1-1-96.)
7 (225 ILCS 335/3.2 new)
8 Sec. 3.2. Bond. Before issuing or renewing a license,
9 the Department shall require each applicant or licensee to
10 file and maintain in force a surety bond, issued by an
11 insurance company authorized to transact fidelity and surety
12 business in the State of Illinois. The bond shall be for the
13 benefit of the consumers who obtain a judgment from a court
14 of competent jurisdiction based on the failure of the roofing
15 contractor to fulfill the terms of the contract between the
16 consumer and the roofing contractor. The bond shall be
17 continuous in form and run concurrently with the original and
18 each renewal license period, unless terminated by the
19 insurance company. An insurance company may terminate a bond
20 and avoid further liability by filing a 60-day notice of
21 termination with the Department and, at the same time,
22 sending the notice to the roofing contractor. A license
23 shall be suspended on the termination date of the roofing
24 contractor's bond, unless a new bond is filed with the
25 Department to become effective at the termination date of the
26 prior bond. If a license has been suspended under this
27 Section, the license shall be reinstated upon showing proof
28 of compliance with this Section.
29 (Source: P.A. 89-387, eff. 1-1-96.)
30 (225 ILCS 335/3.5 new)
31 Sec. 3.5. Examination.
32 (a) The Department shall authorize examinations for
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1 applicants for initial licenses at least 4 times each year at
2 the time and place it may designate. The examinations shall
3 be of a character to fairly test the competence and
4 qualifications of applicants to act as roofing contractors.
5 Applicants for limited licenses shall take an examination,
6 the technical portion of which shall cover residential
7 roofing practices. Applicants for an unlimited license shall
8 take an examination, the technical portion of which shall
9 cover residential, commercial, and industrial roofing
10 practices.
11 (b) Applicants for examination shall pay, either to the
12 Department or the designated testing service, a fee
13 established by the Department to cover the cost of providing
14 the examination. Failure of the applicant to appear for the
15 examination on the scheduled date at the time and place
16 specified after his or her application for examination has
17 been received and acknowledged by the Department or the
18 designated testing service shall result in forfeiture of the
19 examination fee.
20 (c) An applicant must pass an examination authorized by
21 the Department before being issued a license. If an applicant
22 fails to pass an examination for licensure under this Act
23 within 3 years after filing an application, the application
24 shall be denied. However, such applicant may reapply for an
25 examination on payment of the required fee.
26 (225 ILCS 335/4.5 new)
27 Sec. 4.5. Duties of qualifying party; replacement.
28 While engaged as a qualifying party for a licensee, a person
29 shall not take other employment that would conflict with his
30 or her duties as a qualifying party or conflict with his or
31 her ability to adequately supervise the work performed by the
32 licensee. The person may act in the capacity of the
33 qualifying party for one additional licensee if one of the
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1 following conditions exists:
2 (1) There is a common ownership of at least 25% of
3 each licensed entity for which the person acts as a
4 qualifying party.
5 (2) The same person acts as a qualifying party for
6 one licensed entity and its licensed subsidiary.
7 "Subsidiary" as used in this Section means a corporation
8 of which at least 25% is owned by another licensee.
9 In the event that a qualifying party is terminated or
10 terminating his or her status as managing agent of a
11 licensee, the qualifying party and the licensee shall notify
12 the Department of that fact in writing. Thereafter, the
13 licensee shall notify the Department of the name and address
14 of the newly designated qualifying party. The newly
15 designated qualifying party shall meet all examination
16 requirements as prescribed in Section 3.5 of this Act. These
17 requirements shall be met in a timely manner as established
18 by rule of the Department.
19 (225 ILCS 335/5.5 new)
20 Sec. 5.5. Contracts. A roofing contractor, when signing a
21 contract, must provide a land-based phone number and a street
22 address other than a post office box at which he or she may
23 be contacted.
24 (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
25 Sec. 9.2. Stenographer; record of proceedings. The
26 Department, at its expense, shall provide a stenographer to
27 take down the testimony and preserve a record of all
28 proceedings initiated pursuant to this Act, the rules for the
29 administration of this Act, or any other Act or rules
30 relating to this Act and proceedings for restoration of any
31 license issued under this Act. The notice of hearing,
32 complaint, answer, and all other documents in the nature of
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1 pleadings and written motions and responses filed in the
2 proceedings, the transcript of the testimony, all exhibits
3 admitted into evidence, the report of the hearing officer,
4 the Board's findings of fact, conclusions of law, and
5 recommendations to the Director, and the order shall be the
6 record of the proceeding. The Department shall furnish a
7 transcript of the record to any person interested in the
8 hearing upon payment of the fee required under Section 60f of
9 the Civil Administrative Code of Illinois. The Department, at
10 its expense, shall preserve a record of all proceedings at
11 the formal hearing of any case. The notice of hearing,
12 complaint and all other documents in the nature of pleadings
13 and written motions filed in the proceedings, the transcript
14 of testimony, the report of the hearing officer and order of
15 the Department shall be the record of such proceeding. The
16 Department shall furnish a transcript of the record to any
17 person interested in the hearing upon payment of the fee
18 required under Section 60f of the Civil Administrative Code
19 of Illinois.
20 (Source: P.A. 89-387, eff. 1-1-96.)
21 (225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
22 Sec. 9.4. The Department has power to subpoena and bring
23 before it any person in this State and to take testimony
24 either orally or by deposition or both, or to subpoena
25 documents, exhibits, or other materials with the same fees
26 and mileage and in the same manner as prescribed by law in
27 judicial proceedings in civil cases in circuit courts of this
28 State.
29 The Director and any member of the Roofing Advisory Board
30 have power to administer oaths to witnesses at any hearing
31 that the Department or Roofing Advisory Board is authorized
32 by law to conduct. Further, the Director has power to
33 administer any other oaths required or authorized to be
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1 administered by the Department under this Act.
2 The Director and the hearing officer have power to
3 administer oaths to witnesses at any hearing which the
4 Department is authorized to conduct under this Act, and any
5 other oaths required or authorized to be administered by the
6 Department under this Act.
7 (Source: P.A. 89-387, eff. 1-1-96.)
8 (225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)
9 Sec. 9.5. Findings of fact, conclusions of law, and
10 recommendations; order. Within 30 days of the Department's
11 receipt of the transcript of any hearing that is conducted
12 pursuant to this Act or the rules for its enforcement or any
13 other statute or rule requiring a hearing under this Act or
14 the rules for its enforcement, or for any hearing related to
15 restoration of any license issued pursuant to this Act, the
16 hearing officer shall submit his or her written findings and
17 recommendations to the Roofing Advisory Board. The Roofing
18 Advisory Board shall review the report of the hearing officer
19 and shall present its findings of fact, conclusions of law,
20 and recommendations to the Director by the date of the
21 Board's second meeting following the Board's receipt of the
22 hearing officer's report.
23 A copy of the findings of fact, conclusions of law, and
24 recommendations to the Director shall be served upon the
25 accused person, either personally or by registered or
26 certified mail. Within 20 days after service, the accused
27 person may present to the Department a written motion for a
28 rehearing, which shall state the particular grounds therefor.
29 If the accused person orders and pays for a transcript
30 pursuant to Section 9.2, the time elapsing thereafter and
31 before the transcript is ready for delivery to him or her
32 shall not be counted as part of the 20 days.
33 The Director shall issue an order based on the findings
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1 of fact, conclusions of law, and recommendations to the
2 Director of the Board. If the Director disagrees in any
3 regard with the findings of fact, conclusions of law, and
4 recommendations to the Director, he may issue an order in
5 contravention of the findings of fact, conclusions of law,
6 and recommendations to the Director.
7 If the Director issues an order in contravention of the
8 findings of fact, conclusions of law, and recommendations to
9 the Director of the Board, the Director shall notify the
10 Board in writing with an explanation for any deviation from
11 the Board's findings of fact, conclusions of law, and
12 recommendations to the Director within 30 days of the
13 Director's entry of the order. At the conclusion of the
14 hearing the hearing officer shall present to the Director a
15 written report of his findings of fact, conclusions of law
16 and recommendations. The report shall contain a finding
17 whether or not the accused person violated this Act or failed
18 to comply with the conditions required in this Act. The
19 hearing officer shall specify the nature of the violation or
20 failure to comply, and shall make his recommendations to the
21 Director.
22 The report of findings of fact, conclusions of law and
23 recommendations of the hearing officer shall be the basis for
24 the Department's order. If the Director disagrees in any
25 regard with the report of the hearing officer, the Director
26 may issue an order in contravention to the report. The
27 finding is not admissible in evidence against the person in a
28 criminal prosecution brought for the violation of this Act,
29 but the hearing and findings are not a bar to a criminal
30 prosecution brought for the violation of this Act.
31 (Source: P.A. 86-615.)
32 (225 ILCS 335/9.14) (from Ch. 111, par. 7509.14)
33 Sec. 9.14. The Director has the authority to appoint any
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1 attorney duly licensed to practice law in the State of
2 Illinois to serve as the hearing officer for any action for
3 refusal to issue or renew a license, for or discipline of a
4 licensee for sanctions for unlicensed practice, for
5 restoration of a license, or for any other action for which
6 findings of fact, conclusions of law, and recommendations are
7 required pursuant to Section 9.5 of this Act. The hearing
8 officer shall have full authority to conduct the hearing and
9 shall issue his or her findings of fact and recommendations
10 to the Board pursuant to Sections 9.5 of this Act. The
11 hearing officer has full authority to conduct the hearing.
12 The hearing officer shall report his findings of fact,
13 conclusions of law and recommendations to the Director. The
14 Director shall issue an order based on the report of the
15 hearing officer. If the Director disagrees in any regard
16 with the hearing officer's report, he may issue an order in
17 contravention of the hearing officer's report.
18 (Source: P.A. 86-615.)
19 (225 ILCS 335/10) (from Ch. 111, par. 7510)
20 Sec. 10. Enforcement; petition to court.
21 (1) If any person violates the provisions of this Act,
22 the Director through the Attorney General of Illinois, or the
23 State's Attorney of any county in which a violation is
24 alleged to exist, may in the name of the People of the State
25 of Illinois petition for an order enjoining such violation or
26 for an order enforcing compliance with this Act. Upon the
27 filing of a verified petition in such court, the court may
28 issue a temporary restraining order, without notice or bond,
29 and may preliminarily and permanently enjoin such violation,
30 and if it is established that such person has violated or is
31 violating the injunction, the Court may punish the offender
32 for contempt of court.
33 (2) If any person shall practice as a licensee or hold
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1 himself or herself out as a licensee without being licensed
2 under the provisions of this Act, then any person licensed
3 under this Act, any interested party or any person injured
4 thereby may, in addition to those officers identified in
5 subsection (1) of this Section, petition for relief as
6 provided therein.
7 (3) Whenever the Department has reason to believe that
8 any person has violated the licensing requirements of this
9 Act by practicing, offering to practice, attempting to
10 practice, or holding himself or herself out to practice
11 roofing without being licensed under this Act, the Department
12 may issue a rule to show cause why an order to cease and
13 desist should not be entered against that person. The rule
14 shall clearly set forth the grounds relied upon by the
15 Department and shall provide a period of 7 days from the date
16 of the rule to file an answer to the satisfaction of the
17 Department. Failure to answer to the satisfaction of the
18 Department shall cause an order to cease and desist to be
19 issued immediately.
20 (4) (3) Proceedings under this Section shall be in
21 addition to, and not in lieu of, all other remedies and
22 penalties which may be provided by law.
23 (Source: P.A. 90-55, eff. 1-1-98.)
24 (225 ILCS 335/11.5)
25 Sec. 11.5. The Roofing Advisory Board is created and
26 shall consist of 7 persons, 6 of whom shall have been issued
27 certificates of registration as roofing contractors by the
28 Department, one of whom represents a statewide association
29 representing home builders, and one of whom and one who is a
30 knowledgeable public member. The public member shall not be
31 licensed under this Act or any other Act the Department
32 administers. Each member shall be appointed by the Director.
33 Members shall be appointed who reasonably represent the
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1 different geographic areas of the State.
2 Members of the Roofing Advisory Board shall be immune
3 from suit in any action based upon any disciplinary
4 proceedings or other acts performed in good faith as members
5 of the Roofing Advisory Board.
6 The Director shall consider the advice and
7 recommendations of the Board. The Director shall notify the
8 Board in writing with an explanation of any deviation from
9 the Board's written recommendation or response. After review
10 of the Director's written explanation of the reasons for
11 deviation, the Board shall have the opportunity to comment
12 upon the Director's decision.
13 The persons appointed shall hold office for 4 years and
14 until a successor is appointed and qualified. The initial
15 terms shall begin July 1, 1997. Of the members of the Board
16 first appointed, 2 shall be appointed to serve for 2 years, 2
17 shall be appointed to serve for 3 years, and 3 shall be
18 appointed to serve for 4 years. No member shall serve more
19 than 2 complete 4 year terms.
20 Within 90 days of a vacancy occurring, the Director shall
21 fill the vacancy for the unexpired portion of the term with
22 an appointee who meets the same qualifications as the person
23 whose position has become vacant. The Board shall meet
24 annually to elect one member as chairman and one member as
25 vice-chairman. No officer shall be elected more than twice
26 in succession to the same office. The members of the Board
27 shall receive reimbursement for actual, necessary, and
28 authorized expenses incurred in attending the meetings of the
29 Board.
30 (Source: P.A. 89-594, eff. 8-1-96.)
31 (225 ILCS 335/4 rep.)
32 Section 10. The Illinois Roofing Industry Licensing Act
33 is amended by repealing Section 4.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".