Public Act 096-1324
 
HB5514 EnrolledLRB096 17607 ASK 32964 b

    AN ACT concerning professional regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Roofing Industry Licensing Act is
amended by changing Sections 5 and 9.1 as follows:
 
    (225 ILCS 335/5)  (from Ch. 111, par. 7505)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 5. Display of license number; advertising.
    (a) Each State licensed roofing contractor shall affix the
roofing contractor license number and the licensee's name, as
it appears on the license, the license number of his or her
license to all of his or her contracts and bids. In addition,
the official issuing building permits shall affix the roofing
contractor license number to each application for a building
permit and on each building permit issued and recorded.
    (a-5) A person who knowingly, in the course of applying If
a general contractor applies for a building permit with a unit
of local government, provides the and knowingly submits a
roofing license number that is not that of a the roofing
contractor whom he or she does not intend to have perform the
work on the roofing portion of who will be the subcontractor
for the project commits for which the general contractor has
requested the permit, the general contractor shall be guilty of
identity theft under paragraph (8) of subsection (a) of Section
16G-15 of the Criminal Code of 1961.
    (b) In addition, every roofing contractor shall affix the
roofing contractor license number and the licensee's name, as
it appears on the license, on all commercial vehicles used as
part of his or her business as a roofing contractor.
    (c) Every holder of a license shall display it in a
conspicuous place in his or her principal office, place of
business, or place of employment.
    (d) No person licensed under this Act may advertise
services regulated by this Act unless that person includes in
the advertisement the roofing contractor license number and the
licensee's name, as it appears on the license his or her
license number. Nothing contained in this subsection requires
the publisher of advertising for roofing contractor services to
investigate or verify the accuracy of the license number
provided by the licensee.
    (e) A person who advertises services regulated by this Act
who knowingly (i) fails to display the license number and the
licensee's name, as it appears on the license, in any manner
required by this Section, (ii) fails to provide a publisher
with the correct license number as required by subsection (d),
or (iii) provides a publisher with a false license number or a
license number of another person, or a person who knowingly
allows his or her license number to be displayed or used by
another person to circumvent any provisions of this Section, is
guilty of a Class A misdemeanor with a fine of $1,000, and, in
addition, is subject to the administrative enforcement
provisions of this Act. Each day that an advertisement runs or
each day that a person knowingly allows his or her license to
be displayed or used in violation of this Section constitutes a
separate offense.
(Source: P.A. 96-624, eff. 1-1-10.)
 
    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 9.1. Grounds for disciplinary action. The Department
may refuse to issue or to renew, or may revoke, suspend, place
on probation, reprimand or take other disciplinary or
non-disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 for each violation, with
regard to any license for any one or combination of the
following causes:
        (a) violation of this Act or its rules;
        (b) conviction or plea of guilty or nolo contendere of
    any crime under the laws of the United States or any state
    or territory thereof that is (i) a felony or (ii) a
    misdemeanor, an essential element of which is dishonesty or
    that is directly related to the practice of the profession;
        (c) making any misrepresentation for the purpose of
    obtaining a license;
        (d) professional incompetence or gross negligence in
    the practice of roofing contracting, prima facie evidence
    of which may be a conviction or judgment in any court of
    competent jurisdiction against an applicant or licensee
    relating to the practice of roofing contracting or the
    construction of a roof or repair thereof that results in
    leakage within 90 days after the completion of such work;
        (e) (blank);
        (f) aiding or assisting another person in violating any
    provision of this Act or rules;
        (g) failing, within 60 days, to provide information in
    response to a written request made by the Department which
    has been sent by certified or registered mail to the
    licensee's last known address;
        (h) engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public;
        (i) habitual or excessive use or addiction to alcohol,
    narcotics, stimulants or any other chemical agent or drug
    which results in the inability to practice with reasonable
    judgment, skill, or safety;
        (j) discipline by another U.S. jurisdiction or foreign
    nation, if at least one of the grounds for the discipline
    is the same or substantially equivalent to those set forth
    in this Section;
        (k) directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership, or association
    any fee, commission, rebate, or other form of compensation
    for any professional services not actually or personally
    rendered;
        (l) a finding by the Department that the licensee,
    after having his or her license placed on probationary
    status has violated the terms of probation;
        (m) a finding by any court of competent jurisdiction,
    either within or without this State, of any violation of
    any law governing the practice of roofing contracting, if
    the Department determines, after investigation, that such
    person has not been sufficiently rehabilitated to warrant
    the public trust;
        (n) a finding that licensure has been applied for or
    obtained by fraudulent means;
        (o) practicing, attempting to practice, or advertising
    under a name other than the full name as shown on the
    license or any other legally authorized name;
        (p) gross and willful overcharging for professional
    services including filing false statements for collection
    of fees or monies for which services are not rendered;
        (q) failure to file a return, or to pay the tax,
    penalty or interest shown in a filed return, or to pay any
    final assessment of tax, penalty or interest, as required
    by any tax Act administered by the Illinois Department of
    Revenue, until such time as the requirements of any such
    tax Act are satisfied;
        (r) the Department shall deny any license or renewal
    under this Act to any person who has defaulted on an
    educational loan guaranteed by the Illinois State
    Scholarship Commission; however, the Department may issue
    a license or renewal if the person in default has
    established a satisfactory repayment record as determined
    by the Illinois State Scholarship Commission;
        (s) failure to continue to meet the requirements of
    this Act shall be deemed a violation;
        (t) physical or mental disability, including
    deterioration through the aging process or loss of
    abilities and skills that result in an inability to
    practice the profession with reasonable judgment, skill,
    or safety;
        (u) material misstatement in furnishing information to
    the Department or to any other State agency;
        (v) the determination by a court that a licensee is
    subject to involuntary admission or judicial admission as
    provided in the Mental Health and Developmental
    Disabilities Code will result in an automatic suspension of
    his or her license. The suspension will end upon a finding
    by a court that the licensee is no longer subject to
    involuntary admission or judicial admission, the issuance
    of an order so finding and discharging the patient, and the
    recommendation of the Board to the Director that the
    licensee be allowed to resume professional practice;
        (w) advertising in any manner that is false,
    misleading, or deceptive;
        (x) taking undue advantage of a customer, which results
    in the perpetration of a fraud;
        (y) performing any act or practice that is a violation
    of the Consumer Fraud and Deceptive Business Practices Act;
        (z) engaging in the practice of roofing contracting, as
    defined in this Act, with a suspended, revoked, or
    cancelled license;
        (aa) treating any person differently to the person's
    detriment because of race, color, creed, gender, age,
    religion, or national origin;
        (bb) knowingly making any false statement, oral,
    written, or otherwise, of a character likely to influence,
    persuade, or induce others in the course of obtaining or
    performing roofing contracting services; or
        (cc) violation of any final administrative action of
    the Secretary; .
        (dd) allowing the use of his or her roofing license by
    an unlicensed roofing contractor for the purposes of
    providing roofing or waterproofing services; or
        (ee) aiding or assisting another person in violating
    any provision of this Act or its rules, including, but not
    limited to, Section 9 of this Act.
    The changes to this Act made by this amendatory Act of 1997
apply only to disciplinary actions relating to events occurring
after the effective date of this amendatory Act of 1997.
(Source: P.A. 95-303, eff. 1-1-08.)
 
    Section 10. The Criminal Code of 1961 is amended by
changing Section 16G-15 as follows:
 
    (720 ILCS 5/16G-15)
    Sec. 16G-15. Identity theft.
    (a) A person commits the offense of identity theft when he
or she knowingly:
        (1) uses any personal identifying information or
    personal identification document of another person to
    fraudulently obtain credit, money, goods, services, or
    other property, or
        (2) uses any personal identification information or
    personal identification document of another with intent to
    commit any felony theft or other felony violation of State
    law not set forth in paragraph (1) of this subsection (a),
    or
        (3) obtains, records, possesses, sells, transfers,
    purchases, or manufactures any personal identification
    information or personal identification document of another
    with intent to commit or to aid or abet another in
    committing any felony theft or other felony violation of
    State law, or
        (4) uses, obtains, records, possesses, sells,
    transfers, purchases, or manufactures any personal
    identification information or personal identification
    document of another knowing that such personal
    identification information or personal identification
    documents were stolen or produced without lawful
    authority, or
        (5) uses, transfers, or possesses document-making
    implements to produce false identification or false
    documents with knowledge that they will be used by the
    person or another to commit any felony theft or other
    felony violation of State law, or
        (6) uses any personal identification information or
    personal identification document of another to portray
    himself or herself as that person, or otherwise, for the
    purpose of gaining access to any personal identification
    information or personal identification document of that
    person, without the prior express permission of that
    person, or
        (7) uses any personal identification information or
    personal identification document of another for the
    purpose of gaining access to any record of the actions
    taken, communications made or received, or other
    activities or transactions of that person, without the
    prior express permission of that person, or .
        (8) in the course of applying for a building permit
    with a unit of a local government, provides the license
    number of a roofing contractor whom he or she does not
    intend to have perform the work on the roofing portion of
    the project. It is an affirmative defense to prosecution
    under this paragraph (8) that the building permit applicant
    promptly informed the unit of local government that issued
    the building permit of any change in the roofing
    contractor.
    (b) Knowledge shall be determined by an evaluation of all
circumstances surrounding the use of the other person's
identifying information or document.
    (c) When a charge of identity theft of credit, money,
goods, services, or other property exceeding a specified value
is brought the value of the credit, money, goods, services, or
other property is an element of the offense to be resolved by
the trier of fact as either exceeding or not exceeding the
specified value.
    (d) Sentence.
        (1) A person convicted of identity theft in violation
    of paragraph (1) of subsection (a) shall be sentenced as
    follows:
            (A) Identity theft of credit, money, goods,
        services, or other property not exceeding $300 in value
        is a Class 4 felony. A person who has been previously
        convicted of identity theft of less than $300 who is
        convicted of a second or subsequent offense of identity
        theft of less than $300 is guilty of a Class 3 felony.
        A person who has been convicted of identity theft of
        less than $300 who has been previously convicted of any
        type of theft, robbery, armed robbery, burglary,
        residential burglary, possession of burglary tools,
        home invasion, home repair fraud, aggravated home
        repair fraud, or financial exploitation of an elderly
        or disabled person is guilty of a Class 3 felony.
        Identity theft of credit, money, goods, services, or
        other property not exceeding $300 in value when the
        victim of the identity theft is an active duty member
        of the Armed Services or Reserve Forces of the United
        States or of the Illinois National Guard serving in a
        foreign country is a Class 3 felony. A person who has
        been previously convicted of identity theft of less
        than $300 who is convicted of a second or subsequent
        offense of identity theft of less than $300 when the
        victim of the identity theft is an active duty member
        of the Armed Services or Reserve Forces of the United
        States or of the Illinois National Guard serving in a
        foreign country is guilty of a Class 2 felony. A person
        who has been convicted of identity theft of less than
        $300 when the victim of the identity theft is an active
        duty member of the Armed Services or Reserve Forces of
        the United States or of the Illinois National Guard
        serving in a foreign country who has been previously
        convicted of any type of theft, robbery, armed robbery,
        burglary, residential burglary, possession of burglary
        tools, home invasion, home repair fraud, aggravated
        home repair fraud, or financial exploitation of an
        elderly or disabled person is guilty of a Class 2
        felony. When a person has any such prior conviction,
        the information or indictment charging that person
        shall state the prior conviction so as to give notice
        of the State's intention to treat the charge as a Class
        3 felony. The fact of the prior conviction is not an
        element of the offense and may not be disclosed to the
        jury during trial unless otherwise permitted by issues
        properly raised during the trial.
            (B) Identity theft of credit, money, goods,
        services, or other property exceeding $300 and not
        exceeding $2,000 in value is a Class 3 felony. Identity
        theft of credit, money, goods, services, or other
        property exceeding $300 and not exceeding $2,000 in
        value when the victim of the identity theft is an
        active duty member of the Armed Services or Reserve
        Forces of the United States or of the Illinois National
        Guard serving in a foreign country is a Class 2 felony.
            (C) Identity theft of credit, money, goods,
        services, or other property exceeding $2,000 and not
        exceeding $10,000 in value is a Class 2 felony.
        Identity theft of credit, money, goods, services, or
        other property exceeding $2,000 and not exceeding
        $10,000 in value when the victim of the identity theft
        is an active duty member of the Armed Services or
        Reserve Forces of the United States or of the Illinois
        National Guard serving in a foreign country is a Class
        1 felony.
            (D) Identity theft of credit, money, goods,
        services, or other property exceeding $10,000 and not
        exceeding $100,000 in value is a Class 1 felony.
        Identity theft of credit, money, goods, services, or
        other property exceeding $10,000 and not exceeding
        $100,000 in value when the victim of the identity theft
        is an active duty member of the Armed Services or
        Reserve Forces of the United States or of the Illinois
        National Guard serving in a foreign country is a Class
        X felony.
            (E) Identity theft of credit, money, goods,
        services, or other property exceeding $100,000 in
        value is a Class X felony.
        (2) A person convicted of any offense enumerated in
    paragraphs (2) through (7) of subsection (a) is guilty of a
    Class 3 felony. A person convicted of any offense
    enumerated in paragraphs (2) through (7) of subsection (a)
    when the victim of the identity theft is an active duty
    member of the Armed Services or Reserve Forces of the
    United States or of the Illinois National Guard serving in
    a foreign country is guilty of a Class 2 felony.
        (3) A person convicted of any offense enumerated in
    paragraphs (2) through (5) of subsection (a) a second or
    subsequent time is guilty of a Class 2 felony. A person
    convicted of any offense enumerated in paragraphs (2)
    through (5) of subsection (a) a second or subsequent time
    when the victim of the identity theft is an active duty
    member of the Armed Services or Reserve Forces of the
    United States or of the Illinois National Guard serving in
    a foreign country is guilty of a Class 1 felony.
        (4) A person who, within a 12 month period, is found in
    violation of any offense enumerated in paragraphs (2)
    through (7) of subsection (a) with respect to the
    identifiers of, or other information relating to, 3 or more
    separate individuals, at the same time or consecutively, is
    guilty of a Class 2 felony. A person who, within a 12 month
    period, is found in violation of any offense enumerated in
    paragraphs (2) through (7) of subsection (a) with respect
    to the identifiers of, or other information relating to, 3
    or more separate individuals, at the same time or
    consecutively, when the victim of the identity theft is an
    active duty member of the Armed Services or Reserve Forces
    of the United States or of the Illinois National Guard
    serving in a foreign country is guilty of a Class 1 felony.
        (5) A person convicted of identity theft in violation
    of paragraph (2) of subsection (a) who uses any personal
    identification information or personal identification
    document of another to purchase methamphetamine
    manufacturing material as defined in Section 10 of the
    Methamphetamine Control and Community Protection Act with
    the intent to unlawfully manufacture methamphetamine is
    guilty of a Class 2 felony for a first offense and a Class
    1 felony for a second or subsequent offense. A person
    convicted of identity theft in violation of paragraph (2)
    of subsection (a) who uses any personal identification
    information or personal identification document of another
    to purchase methamphetamine manufacturing material as
    defined in Section 10 of the Methamphetamine Control and
    Community Protection Act with the intent to unlawfully
    manufacture methamphetamine when the victim of the
    identity theft is an active duty member of the Armed
    Services or Reserve Forces of the United States or of the
    Illinois National Guard serving in a foreign country is
    guilty of a Class 1 felony for a first offense and a Class
    X felony for a second or subsequent offense.
        (6) A person convicted of identity theft in violation
    of paragraph (8) of subsection (a) of this Section shall be
    guilty of a Class 4 felony.
(Source: P.A. 94-39, eff. 6-16-05; 94-827, eff. 1-1-07;
94-1008, eff. 7-5-06; 95-60, eff. 1-1-08; 95-331, eff.
8-21-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.