Public Act 096-0624
 
SB1339 Enrolled LRB096 10741 ASK 20927 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 2, 3.5, 4.5, and 5 as follows:
 
    (225 ILCS 335/2)  (from Ch. 111, par. 7502)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Licensure" means the act of obtaining or holding a
license issued by the Department as provided in this Act.
    (b) "Department" means the Department of Professional
Regulation.
    (c) "Director" means the Director of Professional
Regulation.
    (d) "Person" means any individual, partnership,
corporation, business trust, limited liability company, or
other legal entity.
    (e) "Roofing contractor" is one who has the experience,
knowledge and skill to construct, reconstruct, alter, maintain
and repair roofs and use materials and items used in the
construction, reconstruction, alteration, maintenance and
repair of all kinds of roofing and waterproofing as related to
roofing, all in such manner to comply with all plans,
specifications, codes, laws, and regulations applicable
thereto, but does not include such contractor's employees to
the extent the requirements of Section 3 of this Act apply and
extend to such employees.
    (f) "Board" means the Roofing Advisory Board.
    (g) "Qualifying party" means the individual filing as a
sole proprietor, partner of a partnership, officer of a
corporation, trustee of a business trust, or party of another
legal entity, who is legally qualified to act for the business
organization in all matters connected with its roofing
contracting business, has the authority to supervise roofing
installation operations, and is actively engaged in day to day
activities of the business organization.
    "Qualifying party" does not apply to a seller of roofing
materials or services when the construction, reconstruction,
alteration, maintenance, or repair of roofing or waterproofing
is to be performed by a person other than the seller or the
seller's employees.
    (h) "Limited roofing license" means a license made
available to contractors whose roofing business is limited to
residential roofing, including residential properties
consisting of 8 units or less.
    (i) "Unlimited roofing license" means a license made
available to contractors whose roofing business is unlimited in
nature and includes roofing on residential, commercial, and
industrial properties.
    (j) "Seller of services or materials" means a business
entity primarily engaged in the sale of tangible personal
property at retail.
(Source: P.A. 95-303, eff. 1-1-08.)
 
    (225 ILCS 335/3.5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3.5. Examination.
    (a) The Department shall authorize examinations for
applicants for initial licenses at the time and place it may
designate. The examinations shall be of a character to fairly
test the competence and qualifications of applicants to act as
roofing contractors. Each applicant for limited licenses shall
designate a qualifying party who shall take an examination, the
technical portion of which shall cover residential roofing
practices. Each applicant for an unlimited license shall
designate a qualifying party who shall take an examination, the
technical portion of which shall cover residential,
commercial, and industrial roofing practices.
    (b) An applicant for a limited license or an unlimited
license or a qualifying party designated by an applicant for a
limited license or unlimited license shall pay, either to the
Department or the designated testing service, a fee established
by the Department to cover the cost of providing the
examination. Failure of the individual scheduled to appear for
the examination on the scheduled date at the time and place
specified after his or her application for examination has been
received and acknowledged by the Department or the designated
testing service shall result in forfeiture of the examination
fee.
    (c) A person who has a license as described in subsection
(1.5) of Section 3 is exempt from the examination requirement
of this Section, so long as (1) the license continues to be
valid and is renewed before expiration and (2) the person is
not newly designated as a qualifying party after July 1, 2003.
The qualifying party for an applicant for a new license must
have passed an examination authorized by the Department before
the Department may issue a license.
    (d) The application for a license as a corporation,
business trust, or other legal entity submitted by a sole
proprietor who is currently licensed under this Act and exempt
from the examination requirement of this Section shall not be
considered an application for initial licensure for the
purposes of this subsection (d) if the sole proprietor is named
in the application as the qualifying party and is the sole
owner of the legal entity. Upon issuance of a license to the
new legal entity, the sole proprietorship license is
terminated.
    The application for initial licensure as a partnership,
corporation, business trust, or other legal entity submitted by
a currently licensed partnership, corporation, business trust,
or other legal entity shall not be considered an application
for initial licensure for the purposes of this subsection (d)
if the entity's current qualifying party is exempt from the
examination requirement of this Section, that qualifying party
is named as the new legal entity's qualifying party, and the
majority of ownership in the new legal entity remains the same
as the currently licensed entity. Upon issuance of a license to
the new legal entity under this subsection (d), the former
license issued to the applicant is terminated.
    (e) An applicant has 3 years after the date of his or her
application to complete the application process. If the process
has not been completed within 3 years, the application shall be
denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 95-303, eff. 1-1-08.)
 
    (225 ILCS 335/4.5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4.5. Duties of qualifying party; replacement; grounds
for discipline.
    (a) While engaged as or named as a qualifying party for a
licensee, no person may be the named qualifying party for any
other licensee. However, the person may act in the capacity of
the qualifying party for one additional licensee of the same
type of licensure if one of the following conditions exists:
        (1) There is a common ownership of at least 25% of each
    licensed entity for which the person acts as a qualifying
    party.
        (2) The same person acts as a qualifying party for one
    licensed entity and its licensed subsidiary.
    "Subsidiary" as used in this Section means a corporation of
which at least 25% is owned by another licensee.
    (b) In the event that a qualifying party is terminated or
terminating his or her status as qualifying party of a
licensee, the qualifying party and the licensee shall notify
the Department of that fact in writing. Thereafter, the
licensee shall notify the Department of the name and address of
the newly designated qualifying party. The newly designated
qualifying party must take the examination prescribed in
Section 3.5 of this Act; however, a newly designated qualifying
party is exempt from the examination requirement until January
1, 2012 if he or she has acted in the capacity of a roofing
contractor for a period of at least 15 years for the licensee
for which he or she seeks to be the qualifying party. These
requirements shall be met in a timely manner as established by
rule of the Department.
    (c) A qualifying party that is accepted by the Department
shall have the authority to act for the licensed entity in all
matters connected with its roofing contracting business and to
supervise roofing installation operations. This authority
shall not be deemed to be a license for purposes of this Act.
    (d) Designation of a qualifying party by an applicant under
Section 3 is subject to acceptance by the Department. The
Department may refuse to accept a qualifying party (i) for
failure to qualify as required under this Act and the rules
adopted under this Act or (ii) after making a determination
that the designated party has a history of acting illegally,
fraudulently, incompetently, or with gross negligence in the
roofing or construction business.
    (e) The Department may, at any time after giving
appropriate notice and the opportunity for a hearing, suspend
or revoke its acceptance of a qualifying party designated by a
licensee for any act or failure to act that gives rise to any
ground for disciplinary action against that licensee under
Section 9.1 or 9.6 of this Act. If the Department suspends or
revokes its acceptance of a qualifying party, the license of
the licensee shall be deemed to be suspended until a new
qualifying party has been designated by the licensee and
accepted by the Department.
    If acceptance of a qualifying party is suspended or revoked
for action or inaction that constitutes a violation of this Act
or the rules adopted under this Act, the Department may in
addition take such other disciplinary or non-disciplinary
action as it may deem proper, including imposing a fine on the
qualifying party, not to exceed $10,000 for each violation.
    All administrative decisions of the Department under this
subsection (e) are subject to judicial review pursuant to
Section 9.7 of this Act. An order taking action against a
qualifying party shall be deemed a final administrative
decision of the Department for purposes of Section 9.7 of this
Act.
(Source: P.A. 91-950, eff. 2-9-01.)
 
    (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
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) If a general contractor applies for a building permit
with a unit of local government and knowingly submits a roofing
license number that is not that of the roofing contractor who
will be the subcontractor for the project for which the general
contractor has requested the permit, the general contractor
shall be guilty of identity theft under 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 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 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. 94-254, eff. 7-19-05.)

Effective Date: 1/1/2010