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90_SB1617ham002
LRB9008766ACsbam02
1 AMENDMENT TO SENATE BILL 1617
2 AMENDMENT NO. . Amend Senate Bill 1617 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT regarding regulated activities."; and
5 on page 1, immediately after line 4, by inserting the
6 following:
7 "Section 5. The Illinois Roofing Industry Licensing Act
8 is amended by changing Sections 2 and 3 and adding Sections
9 3.5 and 4.5 as follows:
10 (225 ILCS 335/2) (from Ch. 111, par. 7502)
11 Sec. 2. Definitions. As used in this Act, unless the
12 context otherwise requires:
13 (a) "Licensure" means the act of obtaining or holding a
14 license issued by the Department as provided in this Act.
15 (b) "Department" means the Department of Professional
16 Regulation.
17 (c) "Director" means the Director of Professional
18 Regulation.
19 (d) "Person" means any individual, partnership,
20 corporation, business trust, limited liability company, or
21 other legal entity.
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1 (e) "Roofing contractor" is one whose services are
2 unlimited in the roofing trade and who has the experience,
3 knowledge and skill to construct, reconstruct, alter,
4 maintain and repair roofs and use materials and items used in
5 the construction, reconstruction, alteration, maintenance and
6 repair of all kinds of roofing and waterproofing, all in such
7 manner to comply with all plans, specifications, codes, laws,
8 and regulations applicable thereto, but does not include such
9 contractor's employees to the extent the requirements of
10 Section 3 of this Act apply and extend to such employees.
11 (f) "Board" means the Roofing Advisory Board.
12 (g) "Qualifying party" means the individual filing as a
13 sole proprietor, partner of a partnership, officer of a
14 corporation, trustee of a business trust, or party of another
15 legal entity, who is legally qualified to act for the
16 business organization in all matters connected with its
17 roofing contracting business, has the authority to supervise
18 roofing operations, and is actively engaged in day to day
19 activities of the business organization.
20 (Source: P.A. 89-387, eff. 1-1-96; 89-594, eff. 8-1-96;
21 90-55, eff. 1-1-98.)
22 (225 ILCS 335/3) (from Ch. 111, par. 7503)
23 Sec. 3. Application for license.
24 (1) To obtain a license, an applicant must indicate if
25 the license is sought for a sole proprietorship, partnership,
26 corporation, business trust, or other legal entity. If the
27 license is sought for a sole proprietorship, the license will
28 be issued to the proprietor who shall also be designated as
29 the qualifying party. If the license is sought for a
30 partnership, corporation, business trust, or other legal
31 entity, the license shall be issued in the company name. A
32 company must designate one individual who will serve as a
33 qualifying party. The qualifying party is the individual who
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1 must take the examination required under Section 3.5. The
2 company shall submit an application in writing to the
3 Department on a form containing the information prescribed by
4 the Department and accompanied by the fee fixed by the
5 Department. The application shall include, but not be
6 limited to:
7 (a) the name and address of the person designated
8 as the qualifying party responsible for the practice of
9 professional roofing in Illinois;
10 (b) the name of the proprietorship and its
11 proprietor, the name of the partnership and its partners,
12 the name of the corporation and its officers and
13 directors, the name of the business trust and its
14 trustees, or the name of such other legal entity and its
15 members;
16 (c) evidence of compliance with any statutory
17 requirements pertaining to such legal entity, including
18 compliance with any laws pertaining to the use of
19 fictitious names, if a fictitious name is used; if the
20 business is a sole proprietorship and doing business
21 under a name other than that of the individual
22 proprietor, the individual proprietor must list all
23 business names used for that proprietorship.
24 A certificate issued by the Department prior to the
25 effective date of this amendatory Act of 1997 shall be deemed
26 a license for the purposes of this Act. To obtain a
27 certificate, an applicant shall submit an application in
28 writing to the Department on a form containing the
29 information prescribed by the Department and accompanied by
30 the fee fixed by the Department.
31 (2) An applicant for a license certificate must submit
32 satisfactory evidence that:
33 (a) he or she has obtained public liability and
34 property damage insurance in such amounts and under such
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1 circumstances as may be determined by the Department;
2 (b) he or she has obtained Workers' Compensation
3 insurance covering his or her employees or is approved as
4 a self-insurer of Workers' Compensation in accordance
5 with Illinois law;
6 (c) he or she has an Illinois Unemployment
7 Insurance employer identification number or has proof of
8 application to the Illinois Department of Labor for such
9 an identification number;
10 (d) he or she has submitted a bond to the
11 Department in the amount of $5,000; and
12 (e) a qualifying party has satisfactorily completed
13 the examination required under Section 3.5.
14 (3) It is the responsibility of the licensee to provide
15 to the Department notice in writing of any changes in the
16 information required to be provided on the application.
17 (4) Until July 1, 1999, a roofing contractor who has
18 been registered by the Department to perform services
19 regulated by this Act for at least 5 consecutive years before
20 the effective date of this amendatory Act of 1998 is exempt
21 from the examination requirements under Section 3.5. After
22 July 1, 1999, all roofing contractors shall be notified that
23 they must designate a qualifying party and otherwise achieve
24 compliance with this Act no later than July 1, 2001 or his or
25 her license will automatically expire on July 1, 2001.
26 (Source: P.A. 89-387, eff. 1-1-96.)
27 (225 ILCS 335/3.5 new)
28 Sec. 3.5. Examination.
29 (a) The Department shall authorize examinations for
30 applicants for initial licenses at least 4 times each year at
31 the time and place it may designate. The examinations shall
32 be of a character to fairly test the competence and
33 qualifications of applicants to act as roofing contractors.
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1 The Department may engage a national qualified construction
2 testing service for the purpose of preparing and conducting
3 examinations.
4 (b) Applicants for examination shall pay, either to the
5 Department or the designated testing service, a fee
6 established by the Department to cover the cost of providing
7 the examination. Failure of the applicant to appear for the
8 examination on the scheduled date at the time and place
9 specified after his or her application for examination has
10 been received and acknowledged by the Department or the
11 designated testing service shall result in forfeiture of the
12 examination fee.
13 (c) An applicant must pass an examination authorized by
14 the Department before being issued a license. If an applicant
15 fails to pass an examination for licensure under this Act
16 within 3 years after filing an application, the application
17 shall be denied. However, such applicant may reapply for an
18 examination on payment of the required fee.
19 (225 ILCS 335/4.5 new)
20 Sec. 4.5. Duties of qualifying party; replacement.
21 While engaged as a qualifying party for a licensee, a person
22 shall not take other employment that would conflict with his
23 or her duties as a qualifying party or conflict with his or
24 her ability to adequately supervise the work performed by the
25 licensee. The person may act in the capacity of the
26 qualifying party for one additional licensee if one of the
27 following conditions exists:
28 (1) There is a common ownership of at least 25% of
29 each licensed entity for which the person acts as a
30 qualifying party.
31 (2) The same person acts as a qualifying party for
32 one licensed entity and its licensed subsidiary.
33 "Subsidiary" as used in this Section means a corporation
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1 of which at least 25% is owned by another licensee.
2 In the event that a qualifying party is terminated or
3 terminating his or her status as managing agent of a
4 licensee, the qualifying party and the licensee shall notify
5 the Department of that fact in writing. Thereafter, the
6 licensee shall notify the Department of the name and address
7 of the newly designated qualifying party. The newly
8 designated qualifying party shall meet all examination
9 requirements as prescribed in Section 3.5 of this Act. These
10 requirements shall be met in a timely manner as established
11 by rule of the Department.
12 (225 ILCS 335/4 rep.)
13 Section 10. The Illinois Roofing Industry Licensing Act
14 is amended by repealing Section 4."; and
15 on page 1, line 5, by replacing "Section 5" with "Section
16 15".