Full Text of SB3279 97th General Assembly
SB3279enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Roofing Industry Licensing Act is | 5 | | amended by changing Sections 2, 5, and 11 as follows:
| 6 | | (225 ILCS 335/2) (from Ch. 111, par. 7502)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 2. Definitions. As used in this Act, unless the | 9 | | context otherwise
requires:
| 10 | | (a) "Licensure" means the act of obtaining or
holding a | 11 | | license issued by the Department as provided in this Act.
| 12 | | (b) "Department" means the Department of Professional | 13 | | Regulation.
| 14 | | (c) "Director" means the Director of Professional | 15 | | Regulation.
| 16 | | (d) "Person" means any individual, partnership, | 17 | | corporation, business
trust, limited liability company, or | 18 | | other legal entity.
| 19 | | (e) "Roofing contractor" is one who has the experience, | 20 | | knowledge and skill to construct,
reconstruct, alter, maintain | 21 | | and repair roofs and use materials and items
used in the | 22 | | construction, reconstruction, alteration, maintenance and
| 23 | | repair of all kinds of roofing and waterproofing as related to |
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| 1 | | roofing, all in such manner to
comply with all plans, | 2 | | specifications, codes, laws, and regulations
applicable | 3 | | thereto, but does not include such contractor's employees to | 4 | | the
extent the requirements of Section 3 of this Act apply and | 5 | | extend to such
employees.
| 6 | | (f) "Board" means the Roofing Advisory Board.
| 7 | | (g) "Qualifying party" means the individual filing as a | 8 | | sole proprietor,
partner of a partnership, officer of a | 9 | | corporation, trustee of a business
trust, or party of another | 10 | | legal entity, who is legally qualified to act for
the business | 11 | | organization in all matters connected with its roofing | 12 | | contracting
business, has the authority to supervise roofing | 13 | | installation operations, and
is
actively engaged in day to day | 14 | | activities of the business organization.
| 15 | | "Qualifying party" does not apply to a seller of roofing | 16 | | materials or
services when the construction, reconstruction,
| 17 | | alteration, maintenance, or repair of roofing or waterproofing | 18 | | is to be
performed by a person other than the seller or the | 19 | | seller's
employees.
| 20 | | (h) "Limited roofing license" means a license made | 21 | | available to
contractors whose roofing business is limited to | 22 | | residential roofing , including
residential properties | 23 | | consisting of 8 units or less.
| 24 | | (i) "Unlimited roofing license" means a license made | 25 | | available to
contractors whose roofing business is unlimited in | 26 | | nature and includes roofing
on residential, commercial, and |
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| 1 | | industrial properties.
| 2 | | (j) "Seller of services or materials" means a business | 3 | | entity primarily engaged in the sale of tangible personal | 4 | | property at retail. | 5 | | (k) "Building permit" means a permit issued by a unit of | 6 | | local government for work performed within the local | 7 | | government's jurisdiction that requires a license under this | 8 | | Act. | 9 | | (Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)
| 10 | | (225 ILCS 335/5) (from Ch. 111, par. 7505)
| 11 | | (Section scheduled to be repealed on January 1, 2016)
| 12 | | Sec. 5. Display of license number; building permits; | 13 | | advertising.
| 14 | | (a) Each State licensed roofing contractor shall
affix the | 15 | | roofing contractor license number and the licensee's name, as | 16 | | it appears on the license, to all of his
or
her contracts and | 17 | | bids. In
addition, the official issuing building permits shall | 18 | | affix the
roofing contractor license number to each application | 19 | | for a building permit
and on
each building permit issued and | 20 | | recorded.
| 21 | | (a-3) A municipality or a county that requires a building | 22 | | permit may not issue a building permit to a roofing
contractor | 23 | | unless that contractor has provided sufficient proof that he or | 24 | | she
is licensed currently as a roofing contractor by the State. | 25 | | Holders of an unlimited roofing license may be issued permits |
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| 1 | | for residential, commercial, and industrial roofing projects. | 2 | | Holders of a limited roofing license are restricted to permits | 3 | | for work on residential properties consisting of 8 units or | 4 | | less. | 5 | | (a-5) A person who knowingly, in the course of applying for | 6 | | a building permit with a unit of local government, provides the | 7 | | roofing license number or name of a roofing contractor whom he | 8 | | or she does not intend to have perform the work on the roofing | 9 | | portion of the project commits identity theft under paragraph | 10 | | (8) of subsection (a) of Section 16-30 of the Criminal Code of | 11 | | 1961. | 12 | | (a-10) A building permit applicant must present a | 13 | | government-issued identification along with the building | 14 | | permit application. Except for the name of the individual, all | 15 | | other personal information contained in the government-issued | 16 | | identification shall be exempt from disclosure under | 17 | | subsection (c) of Section 7 of the Freedom of Information Act. | 18 | | The official issuing the building permit shall maintain the | 19 | | name and identification number, as it appears on the | 20 | | government-issued identification, in the building permit | 21 | | application file. It is not necessary that the building permit | 22 | | applicant be the qualifying party. This subsection shall not | 23 | | apply to a county or municipality whose building permit process | 24 | | occurs through electronic means. | 25 | | (b) (Blank).
| 26 | | (c) Every holder of a license shall
display it in a
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| 1 | | conspicuous place in his or her principal office, place of | 2 | | business, or place
of employment.
| 3 | | (d) No person licensed under this Act may advertise | 4 | | services regulated by
this Act unless that person includes in | 5 | | the advertisement the roofing contractor license number and the | 6 | | licensee's name, as it appears on the license. Nothing | 7 | | contained in this subsection requires the publisher of
| 8 | | advertising for roofing contractor services to investigate or | 9 | | verify the
accuracy of the
license number provided by the | 10 | | licensee.
| 11 | | (e) A person who advertises services regulated by this Act | 12 | | who knowingly (i)
fails to display the license number and the | 13 | | licensee's name, as it appears on the license, in any manner | 14 | | required by this Section,
(ii) fails to provide a publisher | 15 | | with the correct license number as required
by subsection (d), | 16 | | or (iii) provides a publisher with a false license number or
a | 17 | | license number of another person, or a person who knowingly | 18 | | allows his or her
license number to be displayed or used by | 19 | | another person to circumvent any
provisions of this Section, is | 20 | | guilty of a Class A misdemeanor with a fine of
$1,000, and, in | 21 | | addition, is subject to the administrative enforcement
| 22 | | provisions of this Act.
Each day that an advertisement runs or | 23 | | each day that a person knowingly allows
his or her license to | 24 | | be displayed or used in violation of this Section
constitutes a | 25 | | separate offense.
| 26 | | (Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10; |
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| 1 | | 97-235, eff. 1-1-12; 97-597, eff. 1-1-12; revised 9-30-11.)
| 2 | | (225 ILCS 335/11) (from Ch. 111, par. 7511)
| 3 | | (Section scheduled to be repealed on January 1, 2016)
| 4 | | Sec. 11. Application of Act.
| 5 | | (1) Nothing in this Act limits the power of a municipality, | 6 | | city
or county to regulate the quality and character of work | 7 | | performed by roofing
contractors through a system of permits, | 8 | | fees, and inspections which are
designed to secure compliance | 9 | | with and aid in the implementation of State
and local building | 10 | | laws or to enforce other local laws for the protection
of the | 11 | | public health and safety.
| 12 | | (2) Nothing in this Act shall be construed to require a | 13 | | seller of
roofing materials or services to be licensed as a | 14 | | roofing
contractor when
the construction, reconstruction, | 15 | | alteration, maintenance or repair of
roofing or waterproofing | 16 | | is to be performed by a person other than the
seller or the | 17 | | seller's employees.
| 18 | | (3) Nothing in this Act shall be construed to require a | 19 | | person who
performs roofing or waterproofing work to his or her | 20 | | own property, or for
no
consideration, to be licensed as a | 21 | | roofing contractor.
| 22 | | (4) Nothing in this Act shall be construed to require a | 23 | | person who
performs roofing or waterproofing work to his or her | 24 | | employer's property to
be
licensed as a roofing contractor, | 25 | | where there exists an
employer-employee
relationship. Nothing |
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| 1 | | in this Act shall be construed to apply to the
installation of | 2 | | plastics, glass or fiberglass to greenhouses and related
| 3 | | horticultural structures, or to the repair or construction of | 4 | | farm buildings.
| 5 | | (5) Nothing in this Act limits the power of a municipality, | 6 | | city, or county
to collect occupational license and inspection | 7 | | fees for engaging in roofing
contracting.
| 8 | | (6) Nothing in this Act limits the power of the | 9 | | municipalities, cities
or counties to adopt any system of | 10 | | permits requiring submission to and approval
by the | 11 | | municipality, city, or county of plans and specifications for | 12 | | work
to be performed by roofing contractors before commencement | 13 | | of the work.
| 14 | | (7) Any official authorized to issue building or other | 15 | | related permits
shall ascertain that the applicant contractor | 16 | | is duly licensed before issuing
the permit. The evidence shall | 17 | | consist only of the exhibition to him or
her of
current | 18 | | evidence of licensure.
| 19 | | (8) This Act applies to any roofing contractor performing | 20 | | work for the
State or any county or municipality. Officers of | 21 | | the State or any county
or municipality are required to | 22 | | determine compliance with this Act before
awarding any | 23 | | contracts for construction, improvement, remodeling, or | 24 | | repair.
| 25 | | (9) If an incomplete contract exists at the time of death | 26 | | of a contractor,
the contract may be completed by any person |
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| 1 | | even though not licensed.
Such person shall notify the | 2 | | Department within 30 days after the death of
the contractor of | 3 | | his or her name and address. For the purposes of this
| 4 | | subsection,
an incomplete contract is one which has been | 5 | | awarded to, or entered into
by, the contractor before his or | 6 | | her death or on which he or she was
the low
bidder and
the | 7 | | contract is subsequently awarded to him or her regardless of | 8 | | whether
any actual
work has commenced under the contract before | 9 | | his or her death.
| 10 | | (10) The State or any county or municipality may require | 11 | | that bids submitted
for roofing construction, improvement, | 12 | | remodeling, or repair of public
buildings
be accompanied by | 13 | | evidence that that bidder holds an appropriate license
issued | 14 | | pursuant to this Act.
| 15 | | (11) (Blank). A municipality that requires a building | 16 | | permit or a county that
requires a building permit may not | 17 | | issue a building permit to a roofing
contractor unless that | 18 | | contractor has provided sufficient proof that he or she
is | 19 | | licensed currently as a roofing contractor by the State of
| 20 | | Illinois.
| 21 | | (Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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