Full Text of HB0786 96th General Assembly
HB0786eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Roofing Industry Licensing Act is | 5 |
| amended by changing Sections 4.5 and 5 as follows:
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| (225 ILCS 335/4.5)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 4.5. Duties of qualifying party; replacement. While | 9 |
| engaged as or
named as a
qualifying party for a licensee, no | 10 |
| person
may be the named qualifying party for any other | 11 |
| licensee.
However, the person may act in the capacity of the | 12 |
| qualifying party for
one additional licensee of the same type | 13 |
| of licensure if one of the following
conditions exists:
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| (1) There is a common ownership of at least 25% of each | 15 |
| licensed entity
for
which the person acts as a qualifying | 16 |
| party.
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| (2) The same person acts as a qualifying party
for one | 18 |
| licensed entity and its licensed subsidiary.
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| "Subsidiary" as used in this Section means a corporation of | 20 |
| which at least
25% is owned by another licensee.
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| In the event that a qualifying party is terminated or | 22 |
| terminating his or her
status
as qualifying party of a | 23 |
| licensee, the qualifying party and the licensee shall
notify |
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| the Department of that fact in writing. Thereafter, the | 2 |
| licensee shall
notify the Department of the name and address of | 3 |
| the newly designated
qualifying party. The newly designated | 4 |
| qualifying party must take the
examination prescribed in | 5 |
| Section 3.5 of this Act ; however, a newly designated qualifying | 6 |
| party is exempt from the examination requirement until January | 7 |
| 1, 2012 if he or she has acted in the capacity of a roofing | 8 |
| contractor for a period of at least 15 years for the licensee | 9 |
| for which he or she seeks to be the qualifying party . These
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| requirements shall be met in a timely manner as established by | 11 |
| rule of the
Department.
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| (Source: P.A. 91-950, eff. 2-9-01 .)
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| (225 ILCS 335/5) (from Ch. 111, par. 7505)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 5. Display of license number; advertising.
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| (a) Each State licensed roofing contractor shall
affix the
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| license number of his or her license to all of his
or
her | 18 |
| contracts and bids. In
addition, the official issuing building | 19 |
| permits shall affix the
roofing contractor license number to | 20 |
| each application for a building permit
and on
each building | 21 |
| permit issued and recorded.
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| (a-5) If an applicant for a building permit with a unit of | 23 |
| local government knowingly submits a roofing license number | 24 |
| that is not that of the roofing contractor who will be the | 25 |
| subcontractor for the project for which the applicant has |
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| requested the permit, the applicant shall be guilty of identity | 2 |
| theft under subsection (a) of Section 16G-15 of the Criminal | 3 |
| Code of 1961. | 4 |
| (b) In addition, every roofing contractor shall affix the
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| roofing
contractor license number and the licensee's name, as | 6 |
| it appears on the license, on all commercial vehicles used as
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| part
of his
or her business as a roofing contractor.
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| (c) Every holder of a license shall
display it in a
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| conspicuous place in his or her principal office, place of | 10 |
| business, or place
of employment.
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| (d) No person licensed under this Act may advertise | 12 |
| services regulated by
this Act unless that person includes in | 13 |
| the advertisement his or her license
number. Nothing contained | 14 |
| in this subsection requires the publisher of
advertising for | 15 |
| roofing contractor services to investigate or verify the
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| accuracy of the
license number provided by the licensee.
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| (e) A person who advertises services regulated by this Act | 18 |
| who knowingly (i)
fails to display the license number in any | 19 |
| manner required by this Section,
(ii) fails to provide a | 20 |
| publisher with the correct license number as required
by | 21 |
| subsection (d), or (iii) provides a publisher with a false | 22 |
| license number or
a license number of another person, or a | 23 |
| person who knowingly allows his or her
license number to be | 24 |
| displayed or used by another person to circumvent any
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| provisions of this Section, is guilty of a Class A misdemeanor | 26 |
| with a fine of
$1,000, and, in addition, is subject to the |
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| administrative enforcement
provisions of this Act.
Each day | 2 |
| that an advertisement runs or each day that a person knowingly | 3 |
| allows
his or her license to be displayed or used in violation | 4 |
| of this Section
constitutes a separate offense.
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| (Source: P.A. 94-254, eff. 7-19-05.)
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