Sen. Iris Y. Martinez

Filed: 2/28/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3279

2    AMENDMENT NO. ______. Amend Senate Bill 3279 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Roofing Industry Licensing Act is
5amended 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7    (Section scheduled to be repealed on January 1, 2016)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
9context otherwise requires:
10    (a) "Licensure" means the act of obtaining or holding a
11license issued by the Department as provided in this Act.
12    (b) "Department" means the Department of Professional
13Regulation.
14    (c) "Director" means the Director of Professional
15Regulation.
16    (d) "Person" means any individual, partnership,

 

 

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1corporation, business trust, limited liability company, or
2other legal entity.
3    (e) "Roofing contractor" is one who has the experience,
4knowledge and skill to construct, reconstruct, alter, maintain
5and repair roofs and use materials and items used in the
6construction, reconstruction, alteration, maintenance and
7repair of all kinds of roofing and waterproofing as related to
8roofing, all in such manner to comply with all plans,
9specifications, codes, laws, and regulations applicable
10thereto, but does not include such contractor's employees to
11the extent the requirements of Section 3 of this Act apply and
12extend to such employees.
13    (f) "Board" means the Roofing Advisory Board.
14    (g) "Qualifying party" means the individual filing as a
15sole proprietor, partner of a partnership, officer of a
16corporation, trustee of a business trust, or party of another
17legal entity, who is legally qualified to act for the business
18organization in all matters connected with its roofing
19contracting business, has the authority to supervise roofing
20installation operations, and is actively engaged in day to day
21activities of the business organization.
22    "Qualifying party" does not apply to a seller of roofing
23materials or services when the construction, reconstruction,
24alteration, maintenance, or repair of roofing or waterproofing
25is to be performed by a person other than the seller or the
26seller's employees.

 

 

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1    (h) "Limited roofing license" means a license made
2available to contractors whose roofing business is limited to
3residential roofing, including residential properties
4consisting of 8 units or less.
5    (i) "Unlimited roofing license" means a license made
6available to contractors whose roofing business is unlimited in
7nature and includes roofing on residential, commercial, and
8industrial properties.
9    (j) "Seller of services or materials" means a business
10entity primarily engaged in the sale of tangible personal
11property at retail.
12    (k) "Building permit" means a permit issued by a unit of
13local government for work performed within the local
14government's jurisdiction that requires a license under this
15Act.
16(Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)
 
17    (225 ILCS 335/5)  (from Ch. 111, par. 7505)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 5. Display of license number; building permits;
20advertising.
21    (a) Each State licensed roofing contractor shall affix the
22roofing contractor license number and the licensee's name, as
23it appears on the license, to all of his or her contracts and
24bids. In addition, the official issuing building permits shall
25affix the roofing contractor license number to each application

 

 

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1for a building permit and on each building permit issued and
2recorded.
3    (a-3) A municipality or a county that requires a building
4permit may not issue a building permit to a roofing contractor
5unless that contractor has provided sufficient proof that he or
6she is licensed currently as a roofing contractor by the State.
7Holders of an unlimited roofing license may be issued permits
8for residential, commercial, and industrial roofing projects.
9Holders of a limited roofing license are restricted to permits
10for work on residential properties consisting of 8 units or
11less.
12    (a-5) A person who knowingly, in the course of applying for
13a building permit with a unit of local government, provides the
14roofing license number or name of a roofing contractor whom he
15or she does not intend to have perform the work on the roofing
16portion of the project commits identity theft under paragraph
17(8) of subsection (a) of Section 16-30 of the Criminal Code of
181961.
19    (a-10) A building permit applicant must present a
20government-issued photo identification along with the building
21permit application. Except for the name of the individual, all
22other personal information contained in the government-issued
23photo identification shall be exempt from disclosure under
24subsection (c) of Section 7 of the Freedom of Information Act.
25The official issuing the building permit shall maintain a copy
26of the photo identification in the building permit file. It is

 

 

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1not necessary that the building permit applicant be the
2qualifying party.
3    (b) (Blank).
4    (c) Every holder of a license shall display it in a
5conspicuous place in his or her principal office, place of
6business, or place of employment.
7    (d) No person licensed under this Act may advertise
8services regulated by this Act unless that person includes in
9the advertisement the roofing contractor license number and the
10licensee's name, as it appears on the license. Nothing
11contained in this subsection requires the publisher of
12advertising for roofing contractor services to investigate or
13verify the accuracy of the license number provided by the
14licensee.
15    (e) A person who advertises services regulated by this Act
16who knowingly (i) fails to display the license number and the
17licensee's name, as it appears on the license, in any manner
18required by this Section, (ii) fails to provide a publisher
19with the correct license number as required by subsection (d),
20or (iii) provides a publisher with a false license number or a
21license number of another person, or a person who knowingly
22allows his or her license number to be displayed or used by
23another person to circumvent any provisions of this Section, is
24guilty of a Class A misdemeanor with a fine of $1,000, and, in
25addition, is subject to the administrative enforcement
26provisions of this Act. Each day that an advertisement runs or

 

 

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1each day that a person knowingly allows his or her license to
2be displayed or used in violation of this Section constitutes a
3separate offense.
4(Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10;
597-235, eff. 1-1-12; 97-597, eff. 1-1-12; revised 9-30-11.)
 
6    (225 ILCS 335/11)  (from Ch. 111, par. 7511)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 11. Application of Act.
9    (1) Nothing in this Act limits the power of a municipality,
10city or county to regulate the quality and character of work
11performed by roofing contractors through a system of permits,
12fees, and inspections which are designed to secure compliance
13with and aid in the implementation of State and local building
14laws or to enforce other local laws for the protection of the
15public health and safety.
16    (2) Nothing in this Act shall be construed to require a
17seller of roofing materials or services to be licensed as a
18roofing contractor when the construction, reconstruction,
19alteration, maintenance or repair of roofing or waterproofing
20is to be performed by a person other than the seller or the
21seller's employees.
22    (3) Nothing in this Act shall be construed to require a
23person who performs roofing or waterproofing work to his or her
24own property, or for no consideration, to be licensed as a
25roofing contractor.

 

 

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1    (4) Nothing in this Act shall be construed to require a
2person who performs roofing or waterproofing work to his or her
3employer's property to be licensed as a roofing contractor,
4where there exists an employer-employee relationship. Nothing
5in this Act shall be construed to apply to the installation of
6plastics, glass or fiberglass to greenhouses and related
7horticultural structures, or to the repair or construction of
8farm buildings.
9    (5) Nothing in this Act limits the power of a municipality,
10city, or county to collect occupational license and inspection
11fees for engaging in roofing contracting.
12    (6) Nothing in this Act limits the power of the
13municipalities, cities or counties to adopt any system of
14permits requiring submission to and approval by the
15municipality, city, or county of plans and specifications for
16work to be performed by roofing contractors before commencement
17of the work.
18    (7) Any official authorized to issue building or other
19related permits shall ascertain that the applicant contractor
20is duly licensed before issuing the permit. The evidence shall
21consist only of the exhibition to him or her of current
22evidence of licensure.
23    (8) This Act applies to any roofing contractor performing
24work for the State or any county or municipality. Officers of
25the State or any county or municipality are required to
26determine compliance with this Act before awarding any

 

 

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1contracts for construction, improvement, remodeling, or
2repair.
3    (9) If an incomplete contract exists at the time of death
4of a contractor, the contract may be completed by any person
5even though not licensed. Such person shall notify the
6Department within 30 days after the death of the contractor of
7his or her name and address. For the purposes of this
8subsection, an incomplete contract is one which has been
9awarded to, or entered into by, the contractor before his or
10her death or on which he or she was the low bidder and the
11contract is subsequently awarded to him or her regardless of
12whether any actual work has commenced under the contract before
13his or her death.
14    (10) The State or any county or municipality may require
15that bids submitted for roofing construction, improvement,
16remodeling, or repair of public buildings be accompanied by
17evidence that that bidder holds an appropriate license issued
18pursuant to this Act.
19    (11) (Blank). A municipality that requires a building
20permit or a county that requires a building permit may not
21issue a building permit to a roofing contractor unless that
22contractor has provided sufficient proof that he or she is
23licensed currently as a roofing contractor by the State of
24Illinois.
25(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".