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90_HB2795
225 ILCS 335/2 from Ch. 111, par. 7502
225 ILCS 335/3 from Ch. 111, par. 7503
225 ILCS 335/3.5 new
225 ILCS 335/4.5 new
225 ILCS 335/4 rep.
Amends the Illinois Roofing Industry Licensing Act to
provide that applicants must pass an examination before being
licensed under the Act. Provides for a qualifying person to
take a licensing examination on behalf of a roofing
contractor other than a sole proprietorship. Makes other
changes.
LRB9007927DPcw
LRB9007927DPcw
1 AN ACT to amend the Illinois Roofing Industry Licensing
2 Act by changing Sections 2 and 3, by adding Sections 3.5 and
3 4.5, and by repealing Section 4.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Roofing Industry Licensing Act
7 is amended by changing Sections 2 and 3 and adding Sections
8 3.5 and 4.5 as follows:
9 (225 ILCS 335/2) (from Ch. 111, par. 7502)
10 Sec. 2. Definitions. As used in this Act, unless the
11 context otherwise requires:
12 (a) "Licensure" means the act of obtaining or holding a
13 license issued by the Department as provided in this Act.
14 (b) "Department" means the Department of Professional
15 Regulation.
16 (c) "Director" means the Director of Professional
17 Regulation.
18 (d) "Person" means any individual, partnership,
19 corporation, business trust, limited liability company, or
20 other legal entity.
21 (e) "Roofing contractor" is one whose services are
22 unlimited in the roofing trade and who has the experience,
23 knowledge and skill to construct, reconstruct, alter,
24 maintain and repair roofs and use materials and items used in
25 the construction, reconstruction, alteration, maintenance and
26 repair of all kinds of roofing and waterproofing, all in such
27 manner to comply with all plans, specifications, codes, laws,
28 and regulations applicable thereto, but does not include such
29 contractor's employees to the extent the requirements of
30 Section 3 of this Act apply and extend to such employees.
31 (f) "Board" means the Roofing Advisory Board.
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1 (g) "Qualifying party" means the individual filing as a
2 sole proprietor, partner of a partnership, officer of a
3 corporation, trustee of a business trust, or party of another
4 legal entity, who is legally qualified to act for the
5 business organization in all matters connected with its
6 roofing contracting business, has the authority to supervise
7 roofing operations, and is actively engaged in day to day
8 activities of the business organization.
9 (Source: P.A. 89-387, eff. 1-1-96; 89-594, eff. 8-1-96;
10 90-55, eff. 1-1-98.)
11 (225 ILCS 335/3) (from Ch. 111, par. 7503)
12 Sec. 3. Application for license.
13 (1) To obtain a license, an applicant must indicate if
14 the license is sought for a sole proprietorship, partnership,
15 corporation, business trust, or other legal entity. If the
16 license is sought for a sole proprietorship, the license will
17 be issued to the proprietor who shall also be designated as
18 the qualifying party. If the license is sought for a
19 partnership, corporation, business trust, or other legal
20 entity, the license shall be issued in the company name. A
21 company must designate one individual who will serve as a
22 qualifying party. The qualifying party is the individual who
23 must take the examination required under Section 3.5. The
24 company shall submit an application in writing to the
25 Department on a form containing the information prescribed by
26 the Department and accompanied by the fee fixed by the
27 Department. The application shall include, but shall not be
28 limited to:
29 (a) the name and address of the person designated
30 as the qualifying party responsible for the practice of
31 professional roofing in Illinois;
32 (b) the name of the proprietorship and its
33 proprietor, the name of the partnership and its partners,
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1 the name of the corporation and its officers and
2 directors, the name of the business trust and its
3 trustees, or the name of such other legal entity and its
4 members;
5 (c) evidence of compliance with any statutory
6 requirements pertaining to such legal entity, including
7 compliance with any laws pertaining to the use of
8 fictitious names, if a fictitious name is used; if the
9 business is a sole proprietorship and doing business
10 under a name other than that of the individual
11 proprietor, the individual proprietor must list all
12 business names used for that proprietorship.
13 A certificate issued by the Department before the
14 effective date of this amendatory Act of 1997 shall be deemed
15 a license for purposes of this Act. To obtain a certificate,
16 an applicant shall submit an application in writing to the
17 Department on a form containing the information prescribed by
18 the Department and accompanied by the fee fixed by the
19 Department.
20 (2) An applicant for a license certificate must submit
21 satisfactory evidence that:
22 (a) he or she has obtained public liability and
23 property damage insurance in such amounts and under such
24 circumstances as may be determined by the Department;
25 (b) he or she has obtained Workers' Compensation
26 insurance covering his or her employees or is approved as
27 a self-insurer of Workers' Compensation in accordance
28 with Illinois law;
29 (c) he or she has an Illinois Unemployment
30 Insurance employer identification number or has proof of
31 application to the Illinois Department of Labor for such
32 an identification number;
33 (d) he or she has submitted a bond to the
34 Department in the amount of $5,000; and
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1 (e) a qualifying party has satisfactorily completed
2 the examination required under Section 3.5.
3 (3) It is the responsibility of the licensee to provide
4 to the Department notice in writing of any changes in the
5 information required to be provided on the application.
6 (4) Until July 1, 1999, a roofing contractor who has
7 been registered by the Department to perform services
8 regulated by this Act for at least 5 consecutive years before
9 the effective date of this amendatory Act of 1997 is exempt
10 from the examination requirements under Section 3.5. After
11 July 1, 1999, all roofing contractors must designate a
12 qualifying party and otherwise achieve compliance with this
13 Act no later than July 1, 2001 or his or her license will
14 automatically expire on July 1, 2001.
15 (Source: P.A. 89-387, eff. 1-1-96.)
16 (225 ILCS 335/3.5 new)
17 Sec. 3.5. Examination.
18 (a) The Department shall authorize examinations for
19 applicants for initial licenses at least 4 times each year at
20 the time and place it may designate. The examinations shall
21 be of a character to fairly test the competence and
22 qualifications of applicants to act as roofing contractors.
23 The Department may engage a national qualified construction
24 testing service for the purpose of preparing and conducting
25 examinations.
26 (b) Applicants for examination shall pay, either to the
27 Department or the designated testing service, a fee
28 established by the Department to cover the cost of providing
29 the examination. Failure of the applicant to appear for the
30 examination on the scheduled date at the time and place
31 specified after his or her application for examination has
32 been received and acknowledged by the Department or the
33 designated testing service shall result in forfeiture of the
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1 examination fee.
2 (c) An applicant must pass an examination authorized by
3 the Department before being issued a license. If an applicant
4 fails to pass an examination for licensure under this Act
5 within 3 years after filing an application, the application
6 shall be denied. However, such applicant may reapply for an
7 examination on payment of the required fee.
8 (225 ILCS 335/4.5 new)
9 Sec. 4.5. Duties of qualifying party; replacement.
10 While engaged as a qualifying party for a licensee, a person
11 shall not take other employment that would conflict with his
12 or her duties as a qualifying party or conflict with his or
13 her ability to adequately supervise the work performed by the
14 licensee. The person may act in the capacity of the
15 qualifying party for one additional licensee if one of the
16 following conditions exists:
17 (1) There is a common ownership of at least 25% of
18 each licensed entity for which the person acts as a
19 qualifying party.
20 (2) The same person acts as a qualifying party for
21 one licensed entity and its licensed subsidiary.
22 "Subsidiary" as used in this Section means a corporation
23 of which at least 25% is owned by another licensee.
24 In the event that a qualifying party is terminated or
25 terminating his or her status as managing agent of a
26 licensee, the qualifying party and the licensee shall notify
27 the Department of that fact in writing. Thereafter, the
28 licensee shall notify the Department of the name and address
29 of the newly designated qualifying party. The newly
30 designated qualifying party shall meet all examination
31 requirements as prescribed in Section 3.5 of this Act. These
32 requirements shall be met in a timely manner as established
33 by rule of the Department.
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1 (225 ILCS 335/4 rep.)
2 Section 10. The Illinois Roofing Industry Licensing Act
3 is amended by repealing Section 4.