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91st General Assembly

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Public Act 91-0950

SB487 Enrolled                                LRB9100640ACtmA

    AN ACT to amend the Illinois Roofing  Industry  Licensing
Act.

    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, 9, 9.2, 9.4, 9.5, 9.10,
9.14, 10, and 11.5 and adding Sections 3.2, 3.5, 4.5, and 5.5
as follows:

    (225 ILCS 335/2) (from Ch. 111, par. 7502)
    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  whose  services  are
unlimited in the roofing trade and 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, 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.
(Source: P.A.  89-387,  eff.  1-1-96;  89-594,  eff.  8-1-96;
90-55, eff. 1-1-98.)

    (225 ILCS 335/3) (from Ch. 111, par. 7503)
    Sec. 3.  Application for license.
    (1)  To  obtain  a license, an applicant must indicate if
the license is sought for a sole proprietorship, partnership,
corporation,  business  trust,  or  other  legal  entity  and
whether the application is for a limited or unlimited roofing
license.  If the license is sought for a sole proprietorship,
the license shall be issued to the proprietor who shall  also
be  designated  as  the  qualifying party.  If the license is
sought for a partnership,  corporation,  business  trust,  or
other  legal  entity,  the  license  shall  be  issued in the
company name.  A company must designate  one  individual  who
will  serve  as  a qualifying party.  The qualifying party is
the individual who must take the examination  required  under
Section  3.5.   The  company  shall  submit an application in
writing  to  the  Department  on  a   form   containing   the
information  prescribed  by the Department and accompanied by
the fee fixed  by  the  Department.   The  application  shall
include, but shall not be limited to:
         (a)  the  name  and address of the person designated
    as the qualifying party responsible for the  practice  of
    professional roofing in Illinois;
         (b)  the   name   of   the  proprietorship  and  its
    proprietor, the name of the partnership and its partners,
    the  name  of  the  corporation  and  its  officers   and
    directors,  the  name  of  the  business  trust  and  its
    trustees,  or the name of such other legal entity and its
    members;
         (c)  evidence  of  compliance  with  any   statutory
    requirements  pertaining  to such legal entity, including
    compliance  with  any  laws  pertaining  to  the  use  of
    fictitious names, if a fictitious name is  used;  if  the
    business  is  a  sole  proprietorship  and doing business
    under  a  name  other  than  that   of   the   individual
    proprietor,  the  individual  proprietor  must  list  all
    business names used for that proprietorship.
    (1.5)  A  certificate issued by the Department before the
effective date of this amendatory Act  of  the  91st  General
Assembly  shall  be deemed a license for the purposes of this
Act. To obtain a certificate, an applicant  shall  submit  an
application in writing to the Department on a form containing
the  information prescribed by the Department and accompanied
by the fee fixed by the Department.
    (2)  An applicant for a license certificate  must  submit
satisfactory evidence that:
         (a)  he  or  she  has  obtained public liability and
    property damage insurance in such amounts and under  such
    circumstances as may be determined by the Department;
         (b)  he  or  she  has obtained Workers' Compensation
    insurance covering his or her employees or is approved as
    a self-insurer of  Workers'  Compensation  in  accordance
    with Illinois law;
         (c)  he   or   she   has  an  Illinois  Unemployment
    Insurance employer identification number or has proof  of
    application  to the Illinois Department of Labor for such
    an identification number;
         (d)  he or she has submitted a  continuous  bond  to
    the  Department  in  the  amount of $10,000 for a limited
    license and in the amount of  $25,000  for  an  unlimited
    license; and $5,000.
         (e)  a qualifying party has satisfactorily completed
    the examination required under Section 3.5.
    (3)  It  is the responsibility of the licensee to provide
to the Department notice in writing of  any  changes  in  the
information required to be provided on the application.
    (4)  All  roofing contractors must designate a qualifying
party and otherwise achieve compliance with this Act no later
than July 1, 2003 or his or her  license  will  automatically
expire on July 1, 2003.
    (5)  Nothing  in  this Section shall 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.
    (6)  Applicants have 3 years from the date of application
to complete the application process.  If the application  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. 89-387, eff. 1-1-96.)

    (225 ILCS 335/3.2 new)
    Sec. 3.2.  Bond.  Before issuing or renewing  a  license,
the  Department  shall  require each applicant or licensee to
file and maintain in  force  a  surety  bond,  issued  by  an
insurance  company authorized to transact fidelity and surety
business  in  the  State  of  Illinois.  The  bond  shall  be
continuous  in  form,  unless  terminated  by  the  insurance
company.  An insurance company may terminate a bond and avoid
further liability by filing a 60-day  notice  of  termination
with the Department and, at the same time, sending the notice
to  the  roofing  contractor.   A  license shall be cancelled
without hearing  on  the  termination  date  of  the  roofing
contractor's  bond,  unless  a  new  bond  is  filed with the
Department to become effective at the termination date of the
prior bond.  If a license has been cancelled without  hearing
under  this  Section,  the  license  shall be reinstated upon
showing proof of compliance with this Act.

    (225 ILCS 335/3.5 new)
    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.
    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.

    (225 ILCS 335/4.5 new)
    Sec.  4.5.  Duties  of  qualifying  party;   replacement.
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.
    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.   These  requirements
shall be met in a timely manner as established by rule of the
Department.

    (225 ILCS 335/5.5 new)
    Sec. 5.5. Contracts. A roofing contractor, when signing a
contract, must provide a land-based phone number and a street
address  other  than a post office box at which he or she may
be contacted.

    (225 ILCS 335/9) (from Ch. 111, par. 7509)
    Sec. 9. Licensure requirement.
    (1)  It is unlawful for  any  person  to  engage  in  the
business or act in the capacity of or hold himself or herself
out in any manner as a roofing contractor without having been
duly licensed under the provisions of this Act.
    (2)  No  work involving the construction, reconstruction,
alteration, maintenance or repair of any kind of  roofing  or
waterproofing  may  be  done  except  by a roofing contractor
licensed under this Act.
    (3)  Sellers of  roofing  services  may  subcontract  the
provision   of   those   roofing  services  only  to  roofing
contractors licensed under this Act.
(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)

    (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
    Sec.  9.2.  Stenographer;  record  of  proceedings.   The
Department, at its expense, shall provide a  stenographer  to
take  down  the  testimony  and  preserve  a  record  of  all
proceedings initiated pursuant to this Act, the rules for the
administration  of  this  Act,  or  any  other  Act  or rules
relating to this Act and proceedings for restoration  of  any
license  issued  under  this  Act.   The  notice  of hearing,
complaint, answer, and all other documents in the  nature  of
pleadings  and  written  motions  and  responses filed in the
proceedings, the transcript of the  testimony,  all  exhibits
admitted  into  evidence,  the report of the hearing officer,
the  Board's  findings  of  fact,  conclusions  of  law,  and
recommendations to the Director, and the order shall  be  the
record  of  the  proceedings.  The Department shall furnish a
transcript of the record to  any  person  interested  in  the
hearing  upon  payment  of  the  fee  required  under Section
2105-115 of the Department of Professional Regulation Law (20
ILCS 2105/2105-115).   The Department, at its expense,  shall
preserve a record of all proceedings at the formal hearing of
any  case.  The  notice  of  hearing, complaint and all other
documents in the nature  of  pleadings  and  written  motions
filed  in  the  proceedings, the transcript of testimony, the
report of the hearing officer and  order  of  the  Department
shall be the record of such proceeding.  The Department shall
furnish  a  transcript of the record to any person interested
in the hearing upon payment of the fee required under Section
2105-115 of the Department of Professional Regulation Law (20
ILCS 2105/2105-115).
(Source: P.A. 91-239, eff. 1-1-00.)

    (225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
    Sec. 9.4.  The Department has power to subpoena and bring
before it any person in this  State  and  to  take  testimony
either  orally  or  by  deposition  or  both,  or to subpoena
documents, exhibits, or other materials with  the  same  fees
and  mileage  and  in the same manner as prescribed by law in
judicial proceedings in civil cases in circuit courts of this
State.
    The Director and any member of the Roofing Advisory Board
have power to administer oaths to witnesses  at  any  hearing
that  the  Department or Roofing Advisory Board is authorized
by law  to  conduct.  Further,  the  Director  has  power  to
administer  any  other  oaths  required  or  authorized to be
administered by the Department under this Act.
    The Director  and  the  hearing  officer  have  power  to
administer  oaths  to  witnesses  at  any  hearing  which the
Department is authorized to conduct under this Act,  and  any
other  oaths required or authorized to be administered by the
Department under this Act.
(Source: P.A. 89-387, eff. 1-1-96.)

    (225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)
    Sec. 9.5. Findings  of  fact,  conclusions  of  law,  and
recommendations;  order.  Within  60 days of the Department's
receipt of the transcript of any hearing  that  is  conducted
pursuant  to this Act or the rules for its enforcement or any
other statute or rule requiring a hearing under this  Act  or
the  rules for its enforcement, or for any hearing related to
restoration of any license issued pursuant to this  Act,  the
hearing  officer shall submit his or her written findings and
recommendations to the Roofing Advisory  Board.  The  Roofing
Advisory Board shall review the report of the hearing officer
and  shall  present its findings of fact, conclusions of law,
and recommendations to  the  Director  by  the  date  of  the
Board's  second  meeting following the Board's receipt of the
hearing officer's report.
    A copy of the findings of fact, conclusions of  law,  and
recommendations  to  the  Director  shall  be served upon the
accused  person,  either  personally  or  by  registered   or
certified  mail.  Within  20  days after service, the accused
person may present to the Department a written motion  for  a
rehearing, which shall state the particular grounds therefor.
If  the  accused  person  orders  and  pays  for a transcript
pursuant to Section 9.2, the  time  elapsing  thereafter  and
before  the  transcript  is  ready for delivery to him or her
shall not be counted as part of the 20 days.
    The Director shall issue an order based on  the  findings
of  fact,  conclusions  of  law,  and  recommendations to the
Director. If the Director disagrees in any  regard  with  the
findings  of fact, conclusions of law, and recommendations to
the Director, he may issue an order in contravention  of  the
findings  of fact, conclusions of law, and recommendations to
the Director.
    If the Director issues an order in contravention  of  the
findings  of fact, conclusions of law, and recommendations to
the Director, the Director shall notify the Board in  writing
with  an  explanation  for  any  deviation  from  the Board's
findings of fact, conclusions of law, and recommendations  to
the  Director  within  30 days of the Director's entry of the
order. At the conclusion of the hearing the  hearing  officer
shall  present  to  the  Director  a  written  report  of his
findings of fact, conclusions  of  law  and  recommendations.
The report shall contain a finding whether or not the accused
person  violated  this  Act  or  failed  to  comply  with the
conditions required in this Act.  The hearing  officer  shall
specify the nature of the violation or failure to comply, and
shall make his recommendations to the Director.
    The  report  of  findings of fact, conclusions of law and
recommendations of the hearing officer shall be the basis for
the Department's order.  If the  Director  disagrees  in  any
regard  with  the report of the hearing officer, the Director
may issue an order  in  contravention  to  the  report.   The
finding is not admissible in evidence against the person in a
criminal  prosecution  brought for the violation of this Act,
but the hearing and findings are not  a  bar  to  a  criminal
prosecution brought for the violation of this Act.
(Source: P.A. 86-615.)

    (225 ILCS 335/9.10) (from Ch. 111, par. 7509.10)
    Sec.   9.10.  Returned  checks;  fines.  Any  person  who
delivers a check or other payment to the Department  that  is
returned   to   the   Department   unpaid  by  the  financial
institution  upon  which  it  is  drawn  shall  pay  to   the
Department,  in  addition  to  the amount already owed to the
Department, a fine of $50. If the check or other payment  was
for  a  renewal  or  issuance  fee  and that person practices
without paying the renewal fee or issuance fee and  the  fine
due,  an  additional fine of $100 shall be imposed. The fines
imposed  by  this  Section  are  in  addition  to  any  other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall  be  paid  to
the  Department  by  certified check or money order within 30
calendar days of the notification. If, after  the  expiration
of  30 days from the date of the notification, the person has
failed to submit the  necessary  remittance,  the  Department
shall   automatically  terminate  the  license  or  deny  the
application,  without  hearing.  If,  after  termination   or
denial,  the person seeks a license, he or she shall apply to
the Department for restoration or issuance of the license and
pay all the application fees as set by rule  fees  and  fines
due to the Department. The Department may establish a fee for
the processing of an application for restoration of a license
to  pay  all  expenses  of  processing  this application. The
Director may waive  the  fines  due  under  this  Section  in
individual  cases  where  the  Director  finds that the fines
would be unreasonable or unnecessarily burdensome.
(Source: P.A. 90-55, eff. 1-1-98.)

    (225 ILCS 335/9.14) (from Ch. 111, par. 7509.14)
    Sec. 9.14.  The Director has the authority to appoint any
attorney duly licensed  to  practice  law  in  the  State  of
Illinois  to  serve as the hearing officer for any action for
refusal to issue or renew a license, for or discipline  of  a
licensee   for   sanctions   for   unlicensed  practice,  for
restoration of a license, or for any other action  for  which
findings of fact, conclusions of law, and recommendations are
required  pursuant  to  Section  9.5 of this Act. The hearing
officer shall have full authority to conduct the hearing  and
shall  issue  his or her findings of fact and recommendations
to the Board pursuant  to  Sections  9.5  of  this  Act.  The
hearing  officer  has  full authority to conduct the hearing.
The hearing  officer  shall  report  his  findings  of  fact,
conclusions  of law and recommendations to the Director.  The
Director shall issue an order based  on  the  report  of  the
hearing  officer.   If  the  Director disagrees in any regard
with the hearing officer's report, he may issue an  order  in
contravention of the hearing officer's report.
(Source: P.A. 86-615.)

    (225 ILCS 335/10) (from Ch. 111, par. 7510)
    Sec. 10. Enforcement; petition to court.
    (1)  If  any  person violates the provisions of this Act,
the Director through the Attorney General of Illinois, or the
State's Attorney of  any  county  in  which  a  violation  is
alleged  to exist, may in the name of the People of the State
of Illinois petition for an order enjoining such violation or
for an order enforcing compliance with this  Act.   Upon  the
filing  of  a  verified petition in such court, the court may
issue a temporary restraining order, without notice or  bond,
and  may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or  is
violating  the  injunction, the Court may punish the offender
for contempt of court.
    (2)  If any person shall practice as a licensee  or  hold
himself  or  herself out as a licensee without being licensed
under the provisions of this Act, then  any  person  licensed
under  this  Act,  any interested party or any person injured
thereby may, in addition  to  those  officers  identified  in
subsection  (1)  of  this  Section,  petition  for  relief as
provided therein.
    (3)  Whenever the Department has reason to  believe  that
any  person  has  violated the licensing requirements of this
Act  by  practicing,  offering  to  practice,  attempting  to
practice, or holding  himself  or  herself  out  to  practice
roofing without being licensed under this Act, the Department
may  issue  a  rule  to  show cause why an order to cease and
desist should not be entered against that  person.  The  rule
shall  clearly  set  forth  the  grounds  relied  upon by the
Department and shall provide a period of 7 days from the date
of the rule to file an answer  to  the  satisfaction  of  the
Department.  Failure  to  answer  to  the satisfaction of the
Department shall cause an order to cease  and  desist  to  be
issued immediately.
    (4)  (3)  Proceedings  under  this  Section  shall  be in
addition to, and not in  lieu  of,  all  other  remedies  and
penalties which may be provided by law.
(Source: P.A. 90-55, eff. 1-1-98.)

    (225 ILCS 335/11.5)
    Sec.  11.5.   The  Roofing  Advisory Board is created and
shall consist of 8 7 persons, one of whom is a  knowledgeable
public member and 7 6 of whom shall have been issued licenses
certificates  of  registration  as roofing contractors by the
Department and one who is a knowledgeable public member.  One
of  the  7  licensed  roofing  contractors on the Board shall
represent a statewide association representing home  builders
and  another  of  the  7  licensed  roofing contractors shall
represent   an   association    predominately    representing
retailers.    The  public  member shall not be licensed under
this Act or any other Act the Department  administers.   Each
member  shall be appointed by the Director.  Members shall be
appointed who reasonably represent the  different  geographic
areas of the State.
    Members  of  the  Roofing  Advisory Board shall be immune
from  suit  in  any  action  based  upon   any   disciplinary
proceedings  or other acts performed in good faith as members
of the Roofing Advisory Board, unless the conduct  that  gave
rise to the suit was willful and wanton misconduct.
    The    Director    shall    consider   the   advice   and
recommendations of the Board.  The Director shall notify  the
Board  in  writing  with an explanation of any deviation from
the Board's written recommendation or response.  After review
of the Director's written  explanation  of  the  reasons  for
deviation,  the  Board  shall have the opportunity to comment
upon the Director's decision.
    The persons appointed shall hold office for 4  years  and
until  a  successor  is appointed and qualified.  The initial
terms shall begin July 1, 1997.  Of the members of the  Board
first appointed, 2 shall be appointed to serve for 2 years, 2
shall  be  appointed  to  serve  for  3 years, and 3 shall be
appointed to serve for 4 years.  No member shall  serve  more
than 2 complete 4 year terms.
    Within 90 days of a vacancy occurring, the Director shall
fill  the  vacancy for the unexpired portion of the term with
an appointee who meets the same qualifications as the  person
whose  position  has  become  vacant.   The  Board shall meet
annually to elect one member as chairman and  one  member  as
vice-chairman.    No officer shall be elected more than twice
in succession to the same office.  The members of  the  Board
shall   receive  reimbursement  for  actual,  necessary,  and
authorized expenses incurred in attending the meetings of the
Board.
(Source: P.A. 89-594, eff. 8-1-96.)

    (225 ILCS 335/4 rep.)
    Section 10. The Illinois Roofing Industry  Licensing  Act
is amended by repealing Section 4.

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

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