Full Text of HB5307 95th General Assembly
HB5307eng 95TH GENERAL ASSEMBLY
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HB5307 Engrossed |
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LRB095 18667 RAS 44757 b |
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| AN ACT concerning 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 | 5 |
| amended by changing Sections 4.5 and 5 as follows:
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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| (Section scheduled to be repealed on January 1, 2016)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. While | 9 |
| engaged as or
named as a
qualifying party for a licensee, no | 10 |
| person
may be the named qualifying party for any other | 11 |
| licensee.
However, the person may act in the capacity of the | 12 |
| qualifying party for
one additional licensee of the same type | 13 |
| 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 | 15 |
| licensed entity
for
which the person acts as a qualifying | 16 |
| party.
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| (2) The same person acts as a qualifying party
for one | 18 |
| licensed entity and its licensed subsidiary.
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| "Subsidiary" as used in this Section means a corporation of | 20 |
| which at least
25% is owned by another licensee.
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| In the event that a qualifying party is terminated or | 22 |
| terminating his or her
status
as qualifying party of a | 23 |
| licensee, the qualifying party and the licensee shall
notify |
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| the Department of that fact in writing. Thereafter, the | 2 |
| licensee shall
notify the Department of the name and address of | 3 |
| the newly designated
qualifying party. The newly designated | 4 |
| qualifying party must take the
examination prescribed in | 5 |
| Section 3.5 of this Act ; however, a newly designated qualifying | 6 |
| party is exempt from the examination requirement if he or she | 7 |
| has acted in the capacity of a roofing contractor for a period | 8 |
| of at least 15 years for the licensee for which he or she seeks | 9 |
| to be the qualifying party . These
requirements shall be met in | 10 |
| a timely manner as established by rule of the
Department.
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| Notwithstanding any other rulemaking authority that may | 12 |
| exist, neither the Governor nor any agency or agency head under | 13 |
| the jurisdiction of the Governor has any authority to make or | 14 |
| promulgate rules to implement or enforce the provisions of this | 15 |
| amendatory Act of the 95th General Assembly. If, however, the | 16 |
| Governor believes that rules are necessary to implement or | 17 |
| enforce the provisions of this amendatory Act of the 95th | 18 |
| General Assembly, the Governor may suggest rules to the General | 19 |
| Assembly by filing them with the Clerk of the House and the | 20 |
| Secretary of the Senate and by requesting that the General | 21 |
| Assembly authorize such rulemaking by law, enact those | 22 |
| suggested rules into law, or take any other appropriate action | 23 |
| in the General Assembly's discretion. Nothing contained in this | 24 |
| amendatory Act of the 95th General Assembly shall be | 25 |
| interpreted to grant rulemaking authority under any other | 26 |
| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of | 2 |
| the 95th General Assembly, "rules" is given the meaning | 3 |
| contained in Section 1-70 of the Illinois Administrative | 4 |
| Procedure Act, and "agency" and "agency head" are given the | 5 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 6 |
| Administrative Procedure Act to the extent that such | 7 |
| definitions apply to agencies or agency heads under the | 8 |
| jurisdiction of the Governor. | 9 |
| (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 | 15 |
| contracts and bids. In
addition, the official issuing building | 16 |
| permits shall affix the
roofing contractor license number to | 17 |
| each application for a building permit
and on
each building | 18 |
| permit issued and recorded. | 19 |
| (a-5) If a general contractor applies for a building permit | 20 |
| with a unit of local government and knowingly submits a roofing | 21 |
| license number that is not that of the roofing contractor who | 22 |
| will be the subcontractor for the project for which the general | 23 |
| contractor has requested the permit, the general contractor | 24 |
| shall be fined $5,000, if the application was for a residential | 25 |
| building permit, and $10,000, if the application was for a |
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| commercial building permit. Those units of local government | 2 |
| responsible for the issuance of building permits shall be | 3 |
| responsible for the enforcement of this subsection (a-5). | 4 |
| Notwithstanding any other rulemaking authority that may exist, | 5 |
| neither the Governor nor any agency or agency head under the | 6 |
| jurisdiction of the Governor has any authority to make or | 7 |
| promulgate rules to implement or enforce the provisions of this | 8 |
| amendatory Act of the 95th General Assembly. If, however, the | 9 |
| Governor believes that rules are necessary to implement or | 10 |
| enforce the provisions of this amendatory Act of the 95th | 11 |
| General Assembly, the Governor may suggest rules to the General | 12 |
| Assembly by filing them with the Clerk of the House and the | 13 |
| Secretary of the Senate and by requesting that the General | 14 |
| Assembly authorize such rulemaking by law, enact those | 15 |
| suggested rules into law, or take any other appropriate action | 16 |
| in the General Assembly's discretion. Nothing contained in this | 17 |
| amendatory Act of the 95th General Assembly shall be | 18 |
| interpreted to grant rulemaking authority under any other | 19 |
| Illinois statute where such authority is not otherwise | 20 |
| explicitly given. For the purposes of this amendatory Act of | 21 |
| the 95th General Assembly, "rules" is given the meaning | 22 |
| contained in Section 1-70 of the Illinois Administrative | 23 |
| Procedure Act, and "agency" and "agency head" are given the | 24 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 25 |
| Administrative Procedure Act to the extent that such | 26 |
| definitions apply to agencies or agency heads under the |
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LRB095 18667 RAS 44757 b |
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| jurisdiction of the Governor.
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| (b) In addition, every roofing contractor shall affix the
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| roofing
contractor license number and the licensee's name, as | 4 |
| 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 | 8 |
| business, or place
of employment.
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| (d) No person licensed under this Act may advertise | 10 |
| services regulated by
this Act unless that person includes in | 11 |
| the advertisement his or her license
number. Nothing contained | 12 |
| in this subsection requires the publisher of
advertising for | 13 |
| 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 | 16 |
| who knowingly (i)
fails to display the license number in any | 17 |
| manner required by this Section,
(ii) fails to provide a | 18 |
| publisher with the correct license number as required
by | 19 |
| subsection (d), or (iii) provides a publisher with a false | 20 |
| license number or
a license number of another person, or a | 21 |
| person who knowingly allows his or her
license number to be | 22 |
| displayed or used by another person to circumvent any
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| provisions of this Section, is guilty of a Class A misdemeanor | 24 |
| with a fine of
$1,000, and, in addition, is subject to the | 25 |
| administrative enforcement
provisions of this Act.
Each day | 26 |
| that an advertisement runs or each day that a person knowingly |
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| allows
his or her license to be displayed or used in violation | 2 |
| of this Section
constitutes a separate offense.
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| (Source: P.A. 94-254, eff. 7-19-05.)
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