Full Text of SB1339 96th General Assembly
SB1339eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning professional 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 3.5 and 4.5 as follows:
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| (225 ILCS 335/3.5)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 3.5. Examination.
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| (a) The Department shall authorize examinations for | 10 |
| applicants for
initial licenses at the time and place it may
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| designate. The examinations shall be of a character to fairly | 12 |
| test the
competence and qualifications of applicants to act as | 13 |
| roofing contractors.
Each applicant for limited licenses shall | 14 |
| designate a qualifying party who
shall
take an examination, the | 15 |
| technical
portion of which shall cover residential roofing | 16 |
| practices. Each applicant for
an
unlimited license shall | 17 |
| designate a qualifying party who shall take an
examination, the | 18 |
| technical portion of which
shall cover residential, | 19 |
| commercial, and industrial roofing practices.
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| (b) An applicant for a limited license or an unlimited | 21 |
| license or a
qualifying party designated by an applicant for a | 22 |
| limited license or unlimited
license
shall pay, either to the | 23 |
| Department or the
designated testing service, a fee established |
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| by the Department to cover the
cost of providing the | 2 |
| examination. Failure of the individual scheduled
to appear for | 3 |
| the
examination on
the scheduled date at the time and place | 4 |
| specified after his or her application
for examination has been | 5 |
| received and acknowledged by the Department
or the designated | 6 |
| testing service shall result in forfeiture of the examination
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| fee.
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| (c) A person who has a license as described in subsection | 9 |
| (1.5) of Section 3
is exempt from the examination requirement | 10 |
| of this Section, so long as (1) the
license continues to be | 11 |
| valid and is renewed before expiration and (2) the
person is | 12 |
| not newly designated as a qualifying party after July 1, 2003. | 13 |
| The
qualifying party for an
applicant for a new license must | 14 |
| have passed an examination authorized by
the Department
before
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| the Department may issue a license.
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| (d) The application for a license as a corporation, | 17 |
| business trust, or other legal entity submitted by a sole | 18 |
| proprietor who is currently licensed under this Act and exempt | 19 |
| from the examination requirement of this Section shall not be | 20 |
| considered an application for initial licensure for the | 21 |
| purposes of this subsection (d) if the sole proprietor is named | 22 |
| in the application as the qualifying party and is the sole | 23 |
| owner of the legal entity. Upon issuance of a license to the | 24 |
| new legal entity, the sole proprietorship license is | 25 |
| terminated. | 26 |
| The application for initial licensure as a partnership, |
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| corporation, business trust, or other legal entity submitted by | 2 |
| a currently licensed partnership, corporation, business trust, | 3 |
| or other legal entity shall not be considered an application | 4 |
| for initial licensure for the purposes of this subsection (d) | 5 |
| if the entity's current qualifying party is exempt from the | 6 |
| examination requirement of this Section, that qualifying party | 7 |
| is named as the new legal entity's qualifying party, and the | 8 |
| majority of ownership in the new legal entity remains the same | 9 |
| as the currently licensed entity. Upon issuance of a license to | 10 |
| the new legal entity under this subsection (d), the former | 11 |
| license issued to the applicant is terminated.
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| (e) An applicant has 3 years after the date of his or her | 13 |
| application to complete
the application process. If the process | 14 |
| has not been completed within 3 years,
the application shall be | 15 |
| denied, the fee shall be forfeited, and the applicant
must | 16 |
| reapply and meet the requirements in effect at the time of
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| reapplication.
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| (Source: P.A. 95-303, eff. 1-1-08.)
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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 ; grounds | 22 |
| for discipline . | 23 |
| (a) While engaged as or
named as a
qualifying party for a | 24 |
| licensee, no person
may be the named qualifying party for any | 25 |
| other licensee.
However, the person may act in the capacity of |
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| the qualifying party for
one additional licensee of the same | 2 |
| type 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 | 4 |
| licensed entity
for
which the person acts as a qualifying | 5 |
| party.
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| (2) The same person acts as a qualifying party
for one | 7 |
| licensed entity and its licensed subsidiary.
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| "Subsidiary" as used in this Section means a corporation of | 9 |
| which at least
25% is owned by another licensee.
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| (b) In the event that a qualifying party is terminated or | 11 |
| terminating his or her
status
as qualifying party of a | 12 |
| licensee, the qualifying party and the licensee shall
notify | 13 |
| the Department of that fact in writing. Thereafter, the | 14 |
| licensee shall
notify the Department of the name and address of | 15 |
| the newly designated
qualifying party. The newly designated | 16 |
| qualifying party must take the
examination prescribed in | 17 |
| Section 3.5 of this Act. These
requirements shall be met in a | 18 |
| timely manner as established by rule of the
Department. | 19 |
| (c) A qualifying party that is accepted by the Department | 20 |
| shall have the authority to act for the licensed entity in all | 21 |
| matters connected with its roofing contracting business and to | 22 |
| supervise roofing installation operations. This authority | 23 |
| shall not be deemed to be a license for purposes of this Act. | 24 |
| (d) Designation of a qualifying party by an applicant under | 25 |
| Section 3 is subject to acceptance by the Department. The | 26 |
| Department may refuse to accept a qualifying party (i) for |
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| failure to qualify as required under this Act and the rules | 2 |
| adopted under this Act or (ii) after making a determination | 3 |
| that the designated party has a history of acting illegally, | 4 |
| fraudulently, incompetently, or with gross negligence in the | 5 |
| roofing or construction business. | 6 |
| (e) The Department may, at any time after giving | 7 |
| appropriate notice and the opportunity for a hearing, suspend | 8 |
| or revoke its acceptance of a qualifying party designated by a | 9 |
| licensee for any act or failure to act that gives rise to any | 10 |
| ground for disciplinary action against that licensee under | 11 |
| Section 9.1 or 9.6 of this Act. If the Department suspends or | 12 |
| revokes its acceptance of a qualifying party, the license of | 13 |
| the licensee shall be deemed to be suspended until a new | 14 |
| qualifying party has been designated by the licensee and | 15 |
| accepted by the Department. | 16 |
| If acceptance of a qualifying party is suspended or revoked | 17 |
| for action or inaction that constitutes a violation of this Act | 18 |
| or the rules adopted under this Act, the Department may in | 19 |
| addition take such other disciplinary or non-disciplinary | 20 |
| action as it may deem proper, including imposing a fine on the | 21 |
| qualifying party, not to exceed $10,000 for each violation. | 22 |
| All administrative decisions of the Department under this | 23 |
| subsection (e) are subject to judicial review pursuant to | 24 |
| Section 9.7 of this Act. An order taking action against a | 25 |
| qualifying party shall be deemed a final administrative | 26 |
| decision of the Department for purposes of Section 9.7 of this |
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| Act.
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| (Source: P.A. 91-950, eff. 2-9-01 .)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law. |
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