Public Act 097-0965
 
SB3279 EnrolledLRB097 17499 CEL 62702 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Roofing Industry Licensing Act is 
amended  by changing Sections 2, 5, and 11 as follows:
 



    (225 ILCS 335/2)  (from Ch. 111, par. 7502)


    (Section scheduled to be repealed on January 1, 2016)

    Sec. 2. Definitions. As used in this Act, unless the 
context otherwise
requires:

    (a) "Licensure" means the act of obtaining or
holding a 
license issued by the Department as provided in this Act.

    (b) "Department" means the Department of Professional 
Regulation.

    (c) "Director" means the Director of Professional 
Regulation.

    (d) "Person" means any individual, partnership, 
corporation, business
trust, limited liability company, or 
other legal entity.

    (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

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.

    (f) "Board" means the Roofing Advisory Board.

    (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.

    "Qualifying party" does not apply to a seller of roofing 
materials or
services when the construction, reconstruction,

alteration, maintenance, or repair of roofing or waterproofing 
is to be
performed by a person other than the seller or the 
seller's
employees.

    (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.

    (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.

    (j) "Seller of services or materials" means a business 
entity primarily engaged in the sale of tangible personal 
property at retail. 
    (k) "Building permit" means a permit issued by a unit of 
local government for work performed within the local 
government's jurisdiction that requires a license under this 
Act. 
(Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)

 



    (225 ILCS 335/5)  (from Ch. 111, par. 7505)


    (Section scheduled to be repealed on January 1, 2016)

    Sec. 5. Display of license number; building permits; 
advertising. 

    (a) Each State licensed roofing contractor shall
affix the 
roofing contractor license number and the licensee's name, as 
it appears on the 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.

    (a-3) A municipality or a county that requires a building 
permit may not issue a building permit to a roofing
contractor 
unless that contractor has provided sufficient proof that he or 
she
is licensed currently as a roofing contractor by the State. 
Holders of an unlimited roofing license may be issued permits 
for residential, commercial, and industrial roofing projects.  
Holders of a limited roofing license are restricted to permits 
for work on residential properties consisting of  8 units or 
less. 
    (a-5) A person who knowingly, in the course of applying for 
a building permit with a unit of local government, provides the 
roofing license number or name of a roofing contractor whom he 
or she does not intend to have perform the work on the roofing 
portion of the project commits identity theft under paragraph 
(8) of subsection (a) of Section 16-30 of the Criminal Code of 
1961. 
    (a-10) A building permit applicant must present a 
government-issued identification along with the building 
permit application. Except for the name of the individual, all 
other personal information contained in the government-issued 
identification shall be exempt from disclosure under 
subsection (c) of Section 7 of the Freedom of Information Act. 
The official issuing the building permit shall maintain the 
name and identification number, as it appears on the 
government-issued   identification, in the building permit 
application file. It is not necessary that the building permit 
applicant be the qualifying party. This subsection shall not 
apply to a county or municipality whose building permit process 
occurs through electronic means. 
    (b) (Blank).

    (c) Every holder of a license shall
display it in a

conspicuous place in his or her principal office, place of 
business, or place
of employment.

    (d) No person licensed under this Act may advertise 
services regulated by
this Act unless that person includes in 
the advertisement the roofing contractor license number and the 
licensee's name, as it appears on the license. Nothing 
contained in this subsection requires the publisher of

advertising for roofing contractor services to investigate or 
verify the
accuracy of the
license number provided by the 
licensee.

    (e) A person who advertises services regulated by this Act 
who knowingly (i)
fails to display the license number and the 
licensee's name, as it appears on the license, 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
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.

(Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10; 
97-235, eff. 1-1-12; 97-597, eff. 1-1-12; revised 9-30-11.)

 



    (225 ILCS 335/11)  (from Ch. 111, par. 7511)



    (Section scheduled to be repealed on January 1, 2016)

    Sec. 11. Application of Act. 

    (1) Nothing in this Act limits the power of a municipality, 
city
or county to regulate the quality and character of work 
performed by roofing
contractors through a system of permits, 
fees, and inspections which are
designed to secure compliance 
with and aid in the implementation of State
and local building 
laws or to enforce other local laws for the protection
of the 
public health and safety.

    (2) Nothing in this Act shall be construed to require a 
seller of
roofing materials or services to be licensed as a 
roofing
contractor when
the construction, reconstruction, 
alteration, maintenance or repair of
roofing or waterproofing 
is to be performed by a person other than the
seller or the 
seller's employees.

    (3) Nothing in this Act shall be construed to require a 
person who
performs roofing or waterproofing work to his or her 
own property, or for
no
consideration, to be licensed as a 
roofing contractor.

    (4) Nothing in this Act shall be construed to require a 
person who
performs roofing or waterproofing work to his or her 
employer's property to
be
licensed as a roofing contractor, 
where there exists an
employer-employee
relationship.  Nothing 
in this Act shall be construed to apply to the
installation of 
plastics, glass or fiberglass to greenhouses and related

horticultural structures, or to the repair or construction of 
farm buildings.

    (5) Nothing in this Act limits the power of a municipality, 
city, or county
to collect occupational license and inspection 
fees for engaging in roofing
contracting.

    (6) Nothing in this Act limits the power of the 
municipalities, cities
or counties to adopt any system of 
permits requiring submission to and approval
by the 
municipality, city, or county of plans and specifications for 
work
to be performed by roofing contractors before commencement 
of the work.

    (7) Any official authorized to issue building or other 
related permits
shall ascertain that the applicant contractor 
is duly licensed before issuing
the permit.  The evidence shall 
consist only of the exhibition to him or
her of
current 
evidence of licensure.

    (8) This Act applies to any roofing contractor performing 
work for the
State or any county or municipality.  Officers of 
the State or any county
or municipality are required to 
determine compliance with this Act before
awarding any 
contracts for construction, improvement, remodeling, or 
repair.

    (9) If an incomplete contract exists at the time of death 
of a contractor,
the contract may be completed by any person 
even though not licensed.
Such person shall notify the 
Department within 30 days after the death of
the contractor of 
his or her name and address.  For the purposes of this

subsection,
an incomplete contract is one which has been 
awarded to, or entered into
by, the contractor before his or 
her death or on which he or she was
the low
bidder and
the 
contract is subsequently awarded to him or her regardless of 
whether
any actual
work has commenced under the contract before 
his or her death.

    (10) The State or any county or municipality may require 
that bids submitted
for roofing construction, improvement, 
remodeling, or repair of public
buildings
be accompanied by 
evidence that that bidder holds an appropriate license
issued 
pursuant to this Act.

    (11) (Blank). A municipality that requires a building 
permit or a county that
requires a building permit may not 
issue a building permit to a roofing
contractor unless that 
contractor has provided sufficient proof that he or she
is 
licensed currently as a roofing contractor by the State of

Illinois.

(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.