Business & Occupational Licenses Committee

Adopted in House Comm. on Mar 03, 2010

 

 


 

 


 
09600HB5514ham001LRB096 17607 ASK 37315 a

1
AMENDMENT TO HOUSE BILL 5514

2    AMENDMENT NO. ______. Amend House Bill 5514 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Roofing Industry Licensing Act is
5amended by changing Section 5 as follows:
 
6    (225 ILCS 335/5)  (from Ch. 111, par. 7505)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 5. Display of license number; advertising.
9    (a) Each State licensed roofing contractor shall affix the
10roofing contractor license number and the licensee's name, as
11it appears on the license, the license number of his or her
12license to all of his or her contracts and bids. In addition,
13the official issuing building permits shall affix the roofing
14contractor license number to each application for a building
15permit and on each building permit issued and recorded.
16    (a-5) A person who knowingly, in the course of applying If

 

 

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1a general contractor applies for a building permit with a unit
2of local government, provides the and knowingly submits a
3roofing license number that is not that of a the roofing
4contractor whom he or she does not intend to have perform the
5work on the roofing portion of who will be the subcontractor
6for the project commits for which the general contractor has
7requested the permit, the general contractor shall be guilty of
8identity theft under paragraph (8) of subsection (a) of Section
916G-15 of the Criminal Code of 1961.
10    (b) In addition, every roofing contractor shall affix the
11roofing contractor license number and the licensee's name, as
12it appears on the license, on all commercial vehicles used as
13part of his or her business as a roofing contractor.
14    (c) Every holder of a license shall display it in a
15conspicuous place in his or her principal office, place of
16business, or place of employment.
17    (d) No person licensed under this Act may advertise
18services regulated by this Act unless that person includes in
19the advertisement the roofing contractor license number and the
20licensee's name, as it appears on the license his or her
21license number. Nothing contained in this subsection requires
22the publisher of advertising for roofing contractor services to
23investigate or verify the accuracy of the license number
24provided by the licensee.
25    (e) A person who advertises services regulated by this Act
26who knowingly (i) fails to display the license number and the

 

 

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1licensee's name, as it appears on the license, in any manner
2required by this Section, (ii) fails to provide a publisher
3with the correct license number as required by subsection (d),
4or (iii) provides a publisher with a false license number or a
5license number of another person, or a person who knowingly
6allows his or her license number to be displayed or used by
7another person to circumvent any provisions of this Section, is
8guilty of a Class A misdemeanor with a fine of $1,000, and, in
9addition, is subject to the administrative enforcement
10provisions of this Act. Each day that an advertisement runs or
11each day that a person knowingly allows his or her license to
12be displayed or used in violation of this Section constitutes a
13separate offense.
14(Source: P.A. 96-624, eff. 1-1-10.)
 
15    Section 10. The Criminal Code of 1961 is amended by
16changing Section 16G-15 as follows:
 
17    (720 ILCS 5/16G-15)
18    Sec. 16G-15. Identity theft.
19    (a) A person commits the offense of identity theft when he
20or she knowingly:
21        (1) uses any personal identifying information or
22    personal identification document of another person to
23    fraudulently obtain credit, money, goods, services, or
24    other property, or

 

 

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1        (2) uses any personal identification information or
2    personal identification document of another with intent to
3    commit any felony theft or other felony violation of State
4    law not set forth in paragraph (1) of this subsection (a),
5    or
6        (3) obtains, records, possesses, sells, transfers,
7    purchases, or manufactures any personal identification
8    information or personal identification document of another
9    with intent to commit or to aid or abet another in
10    committing any felony theft or other felony violation of
11    State law, or
12        (4) uses, obtains, records, possesses, sells,
13    transfers, purchases, or manufactures any personal
14    identification information or personal identification
15    document of another knowing that such personal
16    identification information or personal identification
17    documents were stolen or produced without lawful
18    authority, or
19        (5) uses, transfers, or possesses document-making
20    implements to produce false identification or false
21    documents with knowledge that they will be used by the
22    person or another to commit any felony theft or other
23    felony violation of State law, or
24        (6) uses any personal identification information or
25    personal identification document of another to portray
26    himself or herself as that person, or otherwise, for the

 

 

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1    purpose of gaining access to any personal identification
2    information or personal identification document of that
3    person, without the prior express permission of that
4    person, or
5        (7) uses any personal identification information or
6    personal identification document of another for the
7    purpose of gaining access to any record of the actions
8    taken, communications made or received, or other
9    activities or transactions of that person, without the
10    prior express permission of that person, or .
11        (8) in the course of applying for a building permit
12    with a unit of a local government, provides the license
13    number of a roofing contractor whom he or she does not
14    intend to have perform the work on the roofing portion of
15    the project. It is an affirmative defense to prosecution
16    under this paragraph (8) that the building permit applicant
17    promptly informed the unit of local government that issued
18    the building permit of any change in the roofing
19    contractor.
20    (b) Knowledge shall be determined by an evaluation of all
21circumstances surrounding the use of the other person's
22identifying information or document.
23    (c) When a charge of identity theft of credit, money,
24goods, services, or other property exceeding a specified value
25is brought the value of the credit, money, goods, services, or
26other property is an element of the offense to be resolved by

 

 

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1the trier of fact as either exceeding or not exceeding the
2specified value.
3    (d) Sentence.
4        (1) A person convicted of identity theft in violation
5    of paragraph (1) of subsection (a) shall be sentenced as
6    follows:
7            (A) Identity theft of credit, money, goods,
8        services, or other property not exceeding $300 in value
9        is a Class 4 felony. A person who has been previously
10        convicted of identity theft of less than $300 who is
11        convicted of a second or subsequent offense of identity
12        theft of less than $300 is guilty of a Class 3 felony.
13        A person who has been convicted of identity theft of
14        less than $300 who has been previously convicted of any
15        type of theft, robbery, armed robbery, burglary,
16        residential burglary, possession of burglary tools,
17        home invasion, home repair fraud, aggravated home
18        repair fraud, or financial exploitation of an elderly
19        or disabled person is guilty of a Class 3 felony.
20        Identity theft of credit, money, goods, services, or
21        other property not exceeding $300 in value when the
22        victim of the identity theft is an active duty member
23        of the Armed Services or Reserve Forces of the United
24        States or of the Illinois National Guard serving in a
25        foreign country is a Class 3 felony. A person who has
26        been previously convicted of identity theft of less

 

 

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1        than $300 who is convicted of a second or subsequent
2        offense of identity theft of less than $300 when the
3        victim of the identity theft is an active duty member
4        of the Armed Services or Reserve Forces of the United
5        States or of the Illinois National Guard serving in a
6        foreign country is guilty of a Class 2 felony. A person
7        who has been convicted of identity theft of less than
8        $300 when the victim of the identity theft is an active
9        duty member of the Armed Services or Reserve Forces of
10        the United States or of the Illinois National Guard
11        serving in a foreign country who has been previously
12        convicted of any type of theft, robbery, armed robbery,
13        burglary, residential burglary, possession of burglary
14        tools, home invasion, home repair fraud, aggravated
15        home repair fraud, or financial exploitation of an
16        elderly or disabled person is guilty of a Class 2
17        felony. When a person has any such prior conviction,
18        the information or indictment charging that person
19        shall state the prior conviction so as to give notice
20        of the State's intention to treat the charge as a Class
21        3 felony. The fact of the prior conviction is not an
22        element of the offense and may not be disclosed to the
23        jury during trial unless otherwise permitted by issues
24        properly raised during the trial.
25            (B) Identity theft of credit, money, goods,
26        services, or other property exceeding $300 and not

 

 

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1        exceeding $2,000 in value is a Class 3 felony. Identity
2        theft of credit, money, goods, services, or other
3        property exceeding $300 and not exceeding $2,000 in
4        value when the victim of the identity theft is an
5        active duty member of the Armed Services or Reserve
6        Forces of the United States or of the Illinois National
7        Guard serving in a foreign country is a Class 2 felony.
8            (C) Identity theft of credit, money, goods,
9        services, or other property exceeding $2,000 and not
10        exceeding $10,000 in value is a Class 2 felony.
11        Identity theft of credit, money, goods, services, or
12        other property exceeding $2,000 and not exceeding
13        $10,000 in value when the victim of the identity theft
14        is an active duty member of the Armed Services or
15        Reserve Forces of the United States or of the Illinois
16        National Guard serving in a foreign country is a Class
17        1 felony.
18            (D) Identity theft of credit, money, goods,
19        services, or other property exceeding $10,000 and not
20        exceeding $100,000 in value is a Class 1 felony.
21        Identity theft of credit, money, goods, services, or
22        other property exceeding $10,000 and not exceeding
23        $100,000 in value when the victim of the identity theft
24        is an active duty member of the Armed Services or
25        Reserve Forces of the United States or of the Illinois
26        National Guard serving in a foreign country is a Class

 

 

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1        X felony.
2            (E) Identity theft of credit, money, goods,
3        services, or other property exceeding $100,000 in
4        value is a Class X felony.
5        (2) A person convicted of any offense enumerated in
6    paragraphs (2) through (7) of subsection (a) is guilty of a
7    Class 3 felony. A person convicted of any offense
8    enumerated in paragraphs (2) through (7) of subsection (a)
9    when the victim of the identity theft is an active duty
10    member of the Armed Services or Reserve Forces of the
11    United States or of the Illinois National Guard serving in
12    a foreign country is guilty of a Class 2 felony.
13        (3) A person convicted of any offense enumerated in
14    paragraphs (2) through (5) of subsection (a) a second or
15    subsequent time is guilty of a Class 2 felony. A person
16    convicted of any offense enumerated in paragraphs (2)
17    through (5) of subsection (a) a second or subsequent time
18    when the victim of the identity theft is an active duty
19    member of the Armed Services or Reserve Forces of the
20    United States or of the Illinois National Guard serving in
21    a foreign country is guilty of a Class 1 felony.
22        (4) A person who, within a 12 month period, is found in
23    violation of any offense enumerated in paragraphs (2)
24    through (7) of subsection (a) with respect to the
25    identifiers of, or other information relating to, 3 or more
26    separate individuals, at the same time or consecutively, is

 

 

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1    guilty of a Class 2 felony. A person who, within a 12 month
2    period, is found in violation of any offense enumerated in
3    paragraphs (2) through (7) of subsection (a) with respect
4    to the identifiers of, or other information relating to, 3
5    or more separate individuals, at the same time or
6    consecutively, when the victim of the identity theft is an
7    active duty member of the Armed Services or Reserve Forces
8    of the United States or of the Illinois National Guard
9    serving in a foreign country is guilty of a Class 1 felony.
10        (5) A person convicted of identity theft in violation
11    of paragraph (2) of subsection (a) who uses any personal
12    identification information or personal identification
13    document of another to purchase methamphetamine
14    manufacturing material as defined in Section 10 of the
15    Methamphetamine Control and Community Protection Act with
16    the intent to unlawfully manufacture methamphetamine is
17    guilty of a Class 2 felony for a first offense and a Class
18    1 felony for a second or subsequent offense. A person
19    convicted of identity theft in violation of paragraph (2)
20    of subsection (a) who uses any personal identification
21    information or personal identification document of another
22    to purchase methamphetamine manufacturing material as
23    defined in Section 10 of the Methamphetamine Control and
24    Community Protection Act with the intent to unlawfully
25    manufacture methamphetamine when the victim of the
26    identity theft is an active duty member of the Armed

 

 

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1    Services or Reserve Forces of the United States or of the
2    Illinois National Guard serving in a foreign country is
3    guilty of a Class 1 felony for a first offense and a Class
4    X felony for a second or subsequent offense.
5        (6) A person convicted of identity theft in violation
6    of paragraph (8) of subsection (a) of this Section shall be
7    guilty of a Class 4 felony.
8(Source: P.A. 94-39, eff. 6-16-05; 94-827, eff. 1-1-07;
994-1008, eff. 7-5-06; 95-60, eff. 1-1-08; 95-331, eff.
108-21-07.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".