Full Text of SB3279 97th General Assembly
SB3279sam001 97TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Roofing Industry Licensing Act is | 5 | | amended 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| 7 | | (Section scheduled to be repealed on January 1, 2016)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 | 9 | | context otherwise
requires:
| 10 | | (a) "Licensure" means the act of obtaining or
holding a | 11 | | license issued by the Department as provided in this Act.
| 12 | | (b) "Department" means the Department of Professional | 13 | | Regulation.
| 14 | | (c) "Director" means the Director of Professional | 15 | | Regulation.
| 16 | | (d) "Person" means any individual, partnership, |
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| 1 | | corporation, business
trust, limited liability company, or | 2 | | other legal entity.
| 3 | | (e) "Roofing contractor" is one who has the experience, | 4 | | knowledge and skill to construct,
reconstruct, alter, maintain | 5 | | and repair roofs and use materials and items
used in the | 6 | | construction, reconstruction, alteration, maintenance and
| 7 | | repair of all kinds of roofing and waterproofing as related to | 8 | | roofing, all in such manner to
comply with all plans, | 9 | | specifications, codes, laws, and regulations
applicable | 10 | | thereto, but does not include such contractor's employees to | 11 | | the
extent the requirements of Section 3 of this Act apply and | 12 | | extend to such
employees.
| 13 | | (f) "Board" means the Roofing Advisory Board.
| 14 | | (g) "Qualifying party" means the individual filing as a | 15 | | sole proprietor,
partner of a partnership, officer of a | 16 | | corporation, trustee of a business
trust, or party of another | 17 | | legal entity, who is legally qualified to act for
the business | 18 | | organization in all matters connected with its roofing | 19 | | contracting
business, has the authority to supervise roofing | 20 | | installation operations, and
is
actively engaged in day to day | 21 | | activities of the business organization.
| 22 | | "Qualifying party" does not apply to a seller of roofing | 23 | | materials or
services when the construction, reconstruction,
| 24 | | alteration, maintenance, or repair of roofing or waterproofing | 25 | | is to be
performed by a person other than the seller or the | 26 | | seller's
employees.
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| 1 | | (h) "Limited roofing license" means a license made | 2 | | available to
contractors whose roofing business is limited to | 3 | | residential roofing , including
residential properties | 4 | | consisting of 8 units or less.
| 5 | | (i) "Unlimited roofing license" means a license made | 6 | | available to
contractors whose roofing business is unlimited in | 7 | | nature and includes roofing
on residential, commercial, and | 8 | | industrial properties.
| 9 | | (j) "Seller of services or materials" means a business | 10 | | entity primarily engaged in the sale of tangible personal | 11 | | property at retail. | 12 | | (k) "Building permit" means a permit issued by a unit of | 13 | | local government for work performed within the local | 14 | | government's jurisdiction that requires a license under this | 15 | | Act. | 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; | 20 | | advertising.
| 21 | | (a) Each State licensed roofing contractor shall
affix the | 22 | | roofing contractor license number and the licensee's name, as | 23 | | it appears on the license, to all of his
or
her contracts and | 24 | | bids. In
addition, the official issuing building permits shall | 25 | | affix the
roofing contractor license number to each application |
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| 1 | | for a building permit
and on
each building permit issued and | 2 | | recorded.
| 3 | | (a-3) A municipality or a county that requires a building | 4 | | permit may not issue a building permit to a roofing
contractor | 5 | | unless that contractor has provided sufficient proof that he or | 6 | | she
is licensed currently as a roofing contractor by the State. | 7 | | Holders of an unlimited roofing license may be issued permits | 8 | | for residential, commercial, and industrial roofing projects. | 9 | | Holders of a limited roofing license are restricted to permits | 10 | | for work on residential properties consisting of 8 units or | 11 | | less. | 12 | | (a-5) A person who knowingly, in the course of applying for | 13 | | a building permit with a unit of local government, provides the | 14 | | roofing license number or name of a roofing contractor whom he | 15 | | or she does not intend to have perform the work on the roofing | 16 | | portion of the project commits identity theft under paragraph | 17 | | (8) of subsection (a) of Section 16-30 of the Criminal Code of | 18 | | 1961. | 19 | | (a-10) A building permit applicant must present a | 20 | | government-issued photo identification along with the building | 21 | | permit application. Except for the name of the individual, all | 22 | | other personal information contained in the government-issued | 23 | | photo identification shall be exempt from disclosure under | 24 | | subsection (c) of Section 7 of the Freedom of Information Act. | 25 | | The official issuing the building permit shall maintain a copy | 26 | | of the photo identification in the building permit file. It is |
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| 1 | | not necessary that the building permit applicant be the | 2 | | qualifying party. | 3 | | (b) (Blank).
| 4 | | (c) Every holder of a license shall
display it in a
| 5 | | conspicuous place in his or her principal office, place of | 6 | | business, or place
of employment.
| 7 | | (d) No person licensed under this Act may advertise | 8 | | services regulated by
this Act unless that person includes in | 9 | | the advertisement the roofing contractor license number and the | 10 | | licensee's name, as it appears on the license. Nothing | 11 | | contained in this subsection requires the publisher of
| 12 | | advertising for roofing contractor services to investigate or | 13 | | verify the
accuracy of the
license number provided by the | 14 | | licensee.
| 15 | | (e) A person who advertises services regulated by this Act | 16 | | who knowingly (i)
fails to display the license number and the | 17 | | licensee's name, as it appears on the license, in any manner | 18 | | required by this Section,
(ii) fails to provide a publisher | 19 | | with the correct license number as required
by subsection (d), | 20 | | or (iii) provides a publisher with a false license number or
a | 21 | | license number of another person, or a person who knowingly | 22 | | allows his or her
license number to be displayed or used by | 23 | | another person to circumvent any
provisions of this Section, is | 24 | | guilty of a Class A misdemeanor with a fine of
$1,000, and, in | 25 | | addition, is subject to the administrative enforcement
| 26 | | provisions of this Act.
Each day that an advertisement runs or |
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| 1 | | each day that a person knowingly allows
his or her license to | 2 | | be displayed or used in violation of this Section
constitutes a | 3 | | separate offense.
| 4 | | (Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10; | 5 | | 97-235, 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, | 10 | | city
or county to regulate the quality and character of work | 11 | | performed by roofing
contractors through a system of permits, | 12 | | fees, and inspections which are
designed to secure compliance | 13 | | with and aid in the implementation of State
and local building | 14 | | laws or to enforce other local laws for the protection
of the | 15 | | public health and safety.
| 16 | | (2) Nothing in this Act shall be construed to require a | 17 | | seller of
roofing materials or services to be licensed as a | 18 | | roofing
contractor when
the construction, reconstruction, | 19 | | alteration, maintenance or repair of
roofing or waterproofing | 20 | | is to be performed by a person other than the
seller or the | 21 | | seller's employees.
| 22 | | (3) Nothing in this Act shall be construed to require a | 23 | | person who
performs roofing or waterproofing work to his or her | 24 | | own property, or for
no
consideration, to be licensed as a | 25 | | roofing contractor.
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| 1 | | (4) Nothing in this Act shall be construed to require a | 2 | | person who
performs roofing or waterproofing work to his or her | 3 | | employer's property to
be
licensed as a roofing contractor, | 4 | | where there exists an
employer-employee
relationship. Nothing | 5 | | in this Act shall be construed to apply to the
installation of | 6 | | plastics, glass or fiberglass to greenhouses and related
| 7 | | horticultural structures, or to the repair or construction of | 8 | | farm buildings.
| 9 | | (5) Nothing in this Act limits the power of a municipality, | 10 | | city, or county
to collect occupational license and inspection | 11 | | fees for engaging in roofing
contracting.
| 12 | | (6) Nothing in this Act limits the power of the | 13 | | municipalities, cities
or counties to adopt any system of | 14 | | permits requiring submission to and approval
by the | 15 | | municipality, city, or county of plans and specifications for | 16 | | work
to be performed by roofing contractors before commencement | 17 | | of the work.
| 18 | | (7) Any official authorized to issue building or other | 19 | | related permits
shall ascertain that the applicant contractor | 20 | | is duly licensed before issuing
the permit. The evidence shall | 21 | | consist only of the exhibition to him or
her of
current | 22 | | evidence of licensure.
| 23 | | (8) This Act applies to any roofing contractor performing | 24 | | work for the
State or any county or municipality. Officers of | 25 | | the State or any county
or municipality are required to | 26 | | determine compliance with this Act before
awarding any |
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| 1 | | contracts for construction, improvement, remodeling, or | 2 | | repair.
| 3 | | (9) If an incomplete contract exists at the time of death | 4 | | of a contractor,
the contract may be completed by any person | 5 | | even though not licensed.
Such person shall notify the | 6 | | Department within 30 days after the death of
the contractor of | 7 | | his or her name and address. For the purposes of this
| 8 | | subsection,
an incomplete contract is one which has been | 9 | | awarded to, or entered into
by, the contractor before his or | 10 | | her death or on which he or she was
the low
bidder and
the | 11 | | contract is subsequently awarded to him or her regardless of | 12 | | whether
any actual
work has commenced under the contract before | 13 | | his or her death.
| 14 | | (10) The State or any county or municipality may require | 15 | | that bids submitted
for roofing construction, improvement, | 16 | | remodeling, or repair of public
buildings
be accompanied by | 17 | | evidence that that bidder holds an appropriate license
issued | 18 | | pursuant to this Act.
| 19 | | (11) (Blank). A municipality that requires a building | 20 | | permit or a county that
requires a building permit may not | 21 | | issue a building permit to a roofing
contractor unless that | 22 | | contractor has provided sufficient proof that he or she
is | 23 | | licensed currently as a roofing contractor by the State of
| 24 | | Illinois.
| 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 | 2 | | becoming law.".
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