SB2442sam001 94TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 2/10/2006

09400SB2442sam001 LRB094 17716 RAS 54840 a

AMENDMENT TO SENATE BILL 2442

AMENDMENT NO. ______. Amend Senate Bill 2442 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Construction Contractor Licensing Act.

Section 5. Definitions. In this Act:

"Board" means the Construction Contractor Licensing Board.

"Construction" means building, altering, repairing, improving, or demolishing any structure or building or making improvements of any kind to real property.

"Construction contractor" means a person who manages the daily activities of a construction business, including field supervision.

"Department" means the Department of Financial and Professional Regulation.

"Foreman" means a person who has the knowledge and skill of a journeyman and directly supervises an aspect of the construction process.

"General construction contractor" means a construction contractor whose business operations require the use of more than 2 unrelated building trades or crafts that the construction contractor supervises or performs, in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the Board. "General construction contractor" does not include specialty contractors or limited contractors.

"Journeyman" means a person who has completed an apprenticeship program approved by the Department or is an experienced worker, not a trainee, and is fully qualified and able to perform an aspect of the construction process without supervision.

"Licensed developer" means a construction contractor who owns property or an interest in property and arranges for construction work, if the construction contractor:

(1) engages in the business of arranging for construction work and performing other activities associated with the improvement of real property, with the intent to sell the property;

(2) acts in association with one or more licensed general construction contractors and the general construction contractor or general construction contractors have the sole responsibility of overseeing all phases of construction activity on the property; and

(3) does not perform any construction work on the property.

"Person" means an individual, partnership, or corporation. "Person" does not include a limited liability company.

"Residential structure" means a residence, including a site-built home, modular home constructed off-site, floating home, condominium unit, manufactured dwelling or duplex, or a multi-unit residential building consisting of four units or less that is not part of a multi-structure complex of buildings.

"Secretary" means the Secretary of Financial and Professional Regulation.

Section 10. Licensure requirement.

(a) Beginning July 1, 2006, a person may not act as a construction contractor on a project in which the total aggregate cost of labor and materials for one or more of the construction contractor's contracts is $500 or more, unless the construction contractor is licensed under this Act.

(b) Beginning July 1, 2006, a construction contractor may not submit any construction contract bid, unless the construction contractor is licensed under this Act.

Section 15. Construction Contractor Licensing Board.

(a) There is created the Construction Contractor Licensing Board, which shall consist of 7 persons appointed by the Secretary, 6 of whom shall be licensees under this Act, except that in the case of initial appointments, these licensed Board members shall meet the requirements for licensure under this Act and shall have obtained licensure by July 1, 2006, and one of whom shall be a knowledgeable public member who is not licensed under this Act or any Act administered by the Department. One construction contractor member shall represent a statewide association representing contractors. Board membership shall reasonably represent the different geographic areas of the State.

(b) The persons appointed shall hold office for 4 years and until a successor is appointed and has qualified. Of the members of the Board first appointed. 2 shall be appointed to serve for 2 years, 2 shall be appointed to serve for 3 years, and 3 shall be appointed to serve for 4 years. No member shall serve more than 2 complete 4-year terms.

(c) Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other acts performed in good faith as members of the Board, unless the conduct that gave rise to the suit was willful and wanton misconduct.

(d) Within 90 days of a vacancy occurring, the Secretary shall fill the vacancy for the unexpired portion of the term with an appointee who meets the same qualifications as the person whose position has become vacant. The Board shall meet annually to elect one member as chairman and one member as vice-chairman. No officer shall be elected more than twice in succession to the same office.

(e) The members of the Board shall receive reimbursement for actual, necessary, and authorized expenses incurred in attending the meetings of the Board.

Section 20. Exemptions from licensure; rules.

(a) The Board may adopt rules to make licensure optional for persons who offer, bid, or undertake to perform work peripheral to construction, as defined by the Board by rule.

(b) The following persons are exempt from licensure under this Act:

(1) A person who is constructing, altering, improving, or repairing personal property.

(2) A person who is constructing, altering, improving, or repairing a structure located within the boundaries of any site or reservation under the jurisdiction of the federal government.

(3) A person who furnishes materials, supplies, equipment, or finished product and does not fabricate them into, or consume them in the performance of, the work of a contractor.

(4) A person working on one structure or project, under one or more contracts, when the aggregate price of all of that person's contracts for labor, materials, and all other items is less than $500 and such work is of a casual, minor, or inconsequential nature.

(c) This Section does not apply to a person who advertises or puts out any sign or card or other device that might indicate to the public that the person is a contractor.

Section 25. Powers and duties of the Department. The Department may exercise each of the following powers and duties subject to the provisions of this Act:

(1) Prescribe forms of application for licensure.

(2) Pass upon the qualifications of applicants for licensure and issue licenses to those found to be fit and qualified.

(3) Conduct hearings on proceedings to revoke, suspend, or otherwise discipline or to refuse to issue or renew licenses.

(4) Adopt rules necessary for the administration and enforcement of this Act.

Section 30. Application for license.

(a) To obtain a license, an applicant must indicate whether the license is sought for an individual, partnership, or corporation. If the license is sought for an individual, the license shall be issued to the individual, who shall also be designated as the qualifying party. If the license is sought for a partnership or corporation, the license shall be issued in the company name. A company must designate one individual who will serve as the qualifying party. The qualifying party must have had, within the 10 years immediately before the filing of the application, at least 4 full years of experience as a journeyman, foreman, or contractor in the construction industry. The applicant shall submit an application in writing to the Department on a form prescribed by the Department and accompanied by a $250 non-refundable application processing fee. The application shall include, but need not be limited to, all of the following information:

(1) The name, principal place of business, address, and telephone number of the person designated as the qualifying party.

(2) If a corporation, the name, address, telephone number, and position of each officer.

(3) A description of the construction contracting business for which licensure is sought, including the principal products and services provided.

(4) Satisfactory evidence of any experience within the construction contracting field, such as a certificate of completion of apprenticeship or a college transcript.

(5) Satisfactory evidence that the construction contractor has obtained Workers' Compensation insurance covering his or her employees or is approved as a self-insurer of Workers' Compensation, in accordance with Illinois law.

(6) Satisfactory evidence that the construction contractor has submitted a bond to the Department in an amount to be determined by the Department by rule.

(b) The Department may credit years of experience based on training, apprenticeship, and education as follows:

(1) A maximum of one and a one-half years, upon the submission of evidence of a degree from a school accredited by the Bureau of Apprenticeship and Training.

(2) A maximum of 2 years, upon the submission of proof of any of the following:

(A) A 4-year degree from an accredited college or university in the fields of accounting, business, economics, mathematics, physics, or areas related to the construction trades.

(B) A professional degree in law.

(C) Substantial college or university course work in accounting, architecture, business, construction technology, drafting, economics, engineering, mathematics, or physics.

(3) A maximum of 3 years, upon the submission of either (i) a certificate of completion of apprenticeship from an accredited apprenticeship program or (ii) proof of the successful completion of a 4-year degree from an accredited college or university in architecture, construction technology, or any field of engineering that is directly related to construction.

(c) The licensee must provide notice to the Department, in writing, of any changes in the information required to be provided on the application.

(d) Applicants have 3 years from the date of application to complete the application process. If the application has not been completed within the 3-year time period, then 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 reapplication.

Section 35. Duties of a qualifying party.

(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 either of the following conditions exists:

(1) there is a common ownership of at least 25% of each licensed entity for which the person acts as a qualifying party; or

(2) the same person acts as a qualifying party for one licensed entity and its licensed subsidiary.

(b) In the event that a qualifying party is terminated or elects to terminate his or her status as the 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 requirements of this subsection (b) must be met in a timely manner, as established by the Department by rule.

(c) In this Section, "subsidiary" means a corporation which is at least 25% owned by another licensee.

Section 40. Bond. Before issuing or renewing a license, the Department shall require each applicant or licensee to file and maintain in force a surety bond, issued by an insurance company authorized to transact fidelity and surety business in Illinois. The bond shall be continuous in form, unless terminated by the insurance company. An insurance company may terminate a bond and avoid further liability by filing a 60-day notice of termination with the Department and, at the same time, sending the notice to the construction contractor. A license shall be cancelled without hearing on the termination date of the construction contractor's bond, unless a new bond is filed with the Department to become effective at the termination date of the prior bond. If a license has been cancelled without hearing under this Section, the license shall be reinstated upon showing proof of compliance with this Section.

Section 45. Expiration of license.

(a) A license issued under this Act shall expire 2 years from the last day of the month in which it was issued.

(b) Failure to renew a license before its date of expiration shall cause the license to be non-renewed and it shall be unlawful thereafter for the holder of the expired license to engage or offer to engage in a construction contracting business under the license unless and until the license is restored or reissued, as defined by rule.

Section 50. Licensure by endorsement. The Board may grant a license to an applicant holding a license or certificate in good standing in another state whose requirements for licensure or certification are equal to or greater than those required by this Act, if the Board has authorized an exam waiver agreement with that state. An applicant may be exempt from the technical examination required for licensure if the applicant can verify the successful completion of an examination in another state that is essentially the same as the examination required by the Department, regardless of the absence of a reciprocal agreement with that state. An applicant for licensure under this Section may be required to pass an examination on Illinois construction codes and laws and must comply with all other licensing requirements of this Act.

Section 55. Public records.

(a) Except for financial information, the information required by the Department of any applicant for licensure shall be a public record.

(b) If a licensee changes the name, address, or employment from that which appears on the current license, the licensee shall notify the Department of the change within 30 days after it occurs.

(c) All public records of the Department, when duly certified by the Secretary, shall be received as prima facie evidence in any State administrative or judicial proceeding.

Section 60. Building permit; reporting violations.

(a) A building official or other authority charged with issuing building or other similar permits of a county, municipality, or subdivision of a county or municipality shall refuse to issue a permit for an undertaking that would result in the applicant acting as a construction contractor under this Act unless the applicant has furnished evidence that the applicant is either licensed as required by this Act or exempt from the requirements of this Act. A building official or other authority charged with issuing building or other similar permits shall report to the Department the name and address of an entity believed to have violated this Act by bidding or contracting for work that is regulated under this Act.

(b) The Board shall distribute posters to each building permit office in the State, requesting that the posters be placed in a conspicuous location to be read by applicants. These posters shall state the following: "The Construction Contractor Licensing Act requires construction to be performed by licensed construction contractors. Both the owner and the construction contractor are subject to penalties for violations of the law.".

(c) Construction contracting work must be performed by properly licensed construction contractors. All persons directly employed by the owner to perform work on a project are subject to all applicable State and federal laws concerning occupational safety, family and medical leave, workers' compensation, social security, income tax withholding, and minimum wage requirements. Work performed must comply with all applicable laws, ordinances, building codes, and zoning regulations.

Section 65. Bankruptcy notification. A licensee who, voluntarily or involuntarily, is subjected to any provision of the laws of bankruptcy shall notify the Board within 15 days after subjection and provide any and all information pertinent to the bankruptcy proceedings that the Board may require.

Section 70. Grounds for disciplinary action.

(a) The Department nay refuse to issue or to renew or may revoke, suspend, place on probation, reprimand, or take other disciplinary action as the Department may deem proper including fines not to exceed $1,000 for each violation, with regard to any license or licensee for one or any combination of the following causes:

(1) Violation of this Act or its rules.

(2) Conviction of any crime under the laws of any U.S. jurisdiction that is a felony, or a misdemeanor an essential element of which is dishonesty, or a crime that directly relates to the practice of the profession.

(3) Making any misrepresentation for the purpose of obtaining a license.

(4) Professional incompetence or gross negligence in the practice of construction contracting.

(5) Gross malpractice, prima facie evidence of which may be a conviction or judgment of malpractice in any court of competent jurisdiction.

(6) Aiding or assisting another person in violating any provision of this Act or rules adopted under this Act.

(7) Failing, within 60 days, to provide information in response to a written request made by the Department that has been sent by certified or registered mail to the licensee's last known address.

(8) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.

(9) Habitual or excessive use of, or addiction to, alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety.

(10) Discipline by another U.S. jurisdiction or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.

(11) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered.

(12) A finding by the Department that a licensee, after having his or her license placed on probationary status, has violated the terms of probation.

(13) Conviction by any court of competent jurisdiction, either within or without this State, of any violation of any law governing the practice of construction contracting, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust.

(14) A finding that licensure has been applied for or obtained by fraudulent means.

(15) Practicing, attempting to practice, or advertising under a name other than the full name as shown on the license or any other legally authorized name.

(16) Gross and willful overcharging for professional services including filing false statements for collection of fees or moneys for which services are not rendered.

(17) Failure to file a return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.

(18) Failure to continue to meet the requirements of this Act.

(19) Physical or mental disability, including deterioration through the aging process or loss of abilities and skills that result in an inability to practice the profession with reasonable judgment, skill, or safety.

(20) Material misstatement in furnishing information to the Department or to any other State agency.

(21) Advertising in any manner that is false. misleading, or deceptive.

(22) The determination by a court that a licensee is subject to involuntary admission or judicial admissions as provided in the Mental Health and Developmental Disabilities Code. Such determination shall result in an automatic suspension of a licensee's license. The suspension shall end upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendation of the Board to the Secretary that the licensee be allowed to resume professional practice.

(b) The Department shall deny any license or renewal under this Act to any person who has defaulted on an educational loan guaranteed by the Illinois State Scholarship Commission; however, the Department may issue a license or renewal if the person in default has established a satisfactory repayment record as determined by the Illinois State Scholarship Commission.

Section 75. Stenographer; record of proceedings. The Department, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all proceedings initiated pursuant to this Act, the rules for the administration of this Act, or any other Act or rules relating to this Act and proceedings for restoration of any license issued under this Act. The notice of hearing, complaint, answer, and all other documents in the nature of pleadings and written motions and responses filed in the proceedings, the transcript of the testimony, all exhibits admitted into evidence, the report of the hearing officer, the Board's findings of fact, conclusions of law, and recommendations to the Secretary, and the order shall be the record of the proceedings. The Department shall furnish a transcript of the record to any person interested in the hearing upon payment of the fee required under Section 2105-115 of the Department of Professional Regulation Law (20 ILCS 2105/2105-115).

Section 80. Attendance of witnesses; production of documents; contempt. Any circuit court may, upon application of the Department or its designee or of the applicant or licensee against whom proceedings are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.

Section 85. Subpoenas; oaths. The Department has the power to subpoena and bring before it any person in this State to take testimony either orally or by deposition or both, or to subpoena documents, exhibits, or other materials with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State.

The Secretary and any member of the Board have the power to administer oaths to witnesses at any hearing that the Department or Board is authorized by law to conduct. Further, the Secretary has power to administer any other oaths required or authorized to be administered by the Department under this Act.

Section 95. Findings of facts, conclusions of law, and recommendations; order. Within 60 days after the Department's receipt of the transcript of any hearing that is conducted pursuant to this Act or the rules for its enforcement or any other statute or rule requiring a hearing under this Act or the rules for its enforcement, or for any hearing related to restoration of any license issued pursuant to this Act, the hearing officer shall submit his or her written findings and recommendations to the Board. The Board shall review the report of the hearing officer and shall present its findings of fact, conclusions of law, and recommendations to the Secretary by the date of the Board's second meeting following the Board's receipt of the hearing officer's report.

A copy of the findings of fact, conclusions of law, and recommendations to the Secretary shall be served upon the accused person, either personally or by registered or certified mail. Within 20 days after service, the accused person may present to the Department a written motion for a rehearing, which shall state the particular grounds therefor. If the accused person orders and pays for a transcript pursuant to Section 75, then the time elapsing thereafter and before the transcript is ready for delivery to him or her shall not be counted as part of the 20 days.

The Secretary shall issue an order based on the findings of fact, conclusions of law, and recommendations to the Secretary.

If the Secretary disagrees in any regard with the findings of fact, conclusions of law, and recommendations to the Secretary, he or she may issue an order in contravention of the findings of fact, conclusions of law, and recommendations to the Secretary. If the Secretary issues an order in contravention of the findings of fact, conclusions of law, and recommendations to the Secretary, the Secretary shall notify the Board in writing with an explanation for any deviation from the Board's findings of fact, conclusions of law, and recommendations to the Secretary within 30 days of the Secretary's entry of the order.

Section 100. Temporary suspension. The Secretary may temporarily suspend the license of a construction contractor without a hearing, simultaneously with the institution of proceedings for a hearing provided for in this Act, if the Secretary finds that evidence in his or her possession indicates that continuation in practice would constitute an imminent danger to the public. In the event that the Secretary temporarily suspends a license without a hearing, a hearing by the Department shall be held within 30 days after such suspension has occurred.

Section 105. Review under Administrative Review Law. All final administrative decisions of the Department are subject to judicial review pursuant to the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

Section 110. Violations. Any person who is found to have knowingly violated any provision of this Act is guilty of a Class A misdemeanor. On conviction of a second or subsequent offense the violator is guilty of a Class 4 felony.

Section 115. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that provides that, at hearings, the licensee has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license is specifically excluded. For the purpose of this Act the notice required under Section 10-25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.

Section 120. Certification of record; costs. The Department shall not be required to certify any record to the court, to file an answer in court, or to otherwise appear in any court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part of the plaintiff to file the receipt in court is grounds for dismissal of the action.

Section 125. Returned checks; fines. Any person who delivers a check or other payment to the Department pursuant to this Act that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided for under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, he or she shall apply to the Department for restoration or issuance of the license and pay all the application fees as set by rule. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.

Section 130. Hearing officers. The Secretary has the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer for any action for refusal to issue or renew a license, for discipline of a licensee for sanctions for unlicensed practice, for restoration of a license, or for any other action for which findings of fact, conclusions of law, and recommendations are required pursuant to Section 70 of this Act. The hearing officer shall have full authority to conduct the hearing and shall issue his or her findings of fact and recommendations to the Board pursuant to Section 70 of this Act.

Section 135. Investigation; notice; default. The Department may investigate the actions of any applicant or any person or persons holding or claiming to hold a license. The Department shall, before suspending, revoking, placing on probationary status, or taking any other disciplinary action that the Department may deem proper with regard to any license, at least 30 days prior to the date set for the hearing, notify the accused, in writing, of any charges made and the time and place for a hearing on the charges before the hearing officer, direct the accused to file a written answer with the hearing officer, under oath, within 30 days after the service to the accused, and inform the accused that the accused's license may be suspended, revoked, placed on probationary status, or other disciplinary action, including limiting the scope, nature or extent of the accused person's practice, as the Department may deem proper, taken. This written notice may be served by personal delivery or certified or registered mail to the accused. In case the person fails to file an answer after receiving notice, that person's license may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action deemed proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. At the time and place fixed in the notice, the Department shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present such statements, testimony, evidence, and argument as may be pertinent to the charges or to their defense. The Department may continue such hearing from time to time. At the discretion of the Secretary after having first received the recommendation of the hearing officer, the accused person's license may be suspended, revoked, placed on probationary status, or other disciplinary action may be taken as the Secretary may deem proper, including limiting the scope, nature, or extent of the person's practice without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.

Section 140. Enforcement; petition to court.

(a) If any person violates the provisions of this Act, the Secretary through the Attorney General of Illinois, or the State's Attorney of any county in which a violation is alleged to exist, may in the name of the People of the State of Illinois petition for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the Court may punish the offender for contempt of court.

(b) If any person shall practice as a licensee or hold himself or herself out as a licensee without being licensed under the provisions of this Act, then any person licensed under this Act, any interested party or any person injured thereby may, in addition to those officers identified in subsection (a) of this Section, petition for relief as provided therein.

(c) Whenever the Department has reason to believe that any person has violated the licensing requirements of this Act by practicing, offering to practice, attempting to practice, or holding himself or herself out as a construction contractor without being licensed under this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.

(d) Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties which may be provided by law.

Section 145. Unlicensed practice; violation; civil penalty.

(a) Any person who practices, attempts to practice, or holds himself or herself out as a construction contractor without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee. Each day of violation constitutes a separate offense.

(b) The Department has the authority and power to investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and executed in the same manner as any judgment from any court of record.

Section 150. Deposit of fees. All fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund and shall be appropriated to the Department for the purpose of administering and enforcing this Act.

Section 155. Misrepresentation. If any person suffers costs or damages as a result of an individual providing a false or invalid license number or otherwise misleading a person with respect to licensure by the Board, the injured person may bring suit in a court of competent jurisdiction to recover damages. The court may award reasonable attorney's fees to the prevailing party in an action.

Section 997. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 998. The Regulatory Sunset Act is amended by adding Section 4.27 as follows:

(5 ILCS 80/4.27 new)

Sec. 4.27. Act repealed on January 1, 2017. The following Act is repealed on January 1, 2017:

The Construction Contractor Licensing Act.

Section 999. Effective date. This Act takes effect upon becoming law.".