Full Text of SB2982 99th General Assembly
SB2982sam001 99TH GENERAL ASSEMBLY | Sen. Michael Noland Filed: 3/16/2016
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| 1 | | AMENDMENT TO SENATE BILL 2982
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2982 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 and 11 as follows:
| 6 | | (225 ILCS 335/2) (from Ch. 111, par. 7502)
| 7 | | (Section scheduled to be repealed on January 1, 2026)
| 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 Financial and | 13 | | Professional Regulation.
| 14 | | (c) "Secretary" means the Secretary of Financial and | 15 | | Professional 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 | | roofing
residential properties consisting of 8 units or less.
| 4 | | (i) "Unlimited roofing license" means a license made | 5 | | available to
contractors whose roofing business is unlimited in | 6 | | nature and includes roofing
on residential, commercial, and | 7 | | industrial properties.
| 8 | | (j) "Seller of services or materials" means a business | 9 | | entity primarily engaged in the sale of tangible personal | 10 | | property at retail. | 11 | | (k) "Building permit" means a permit issued by a unit of | 12 | | local government for work performed within the local | 13 | | government's jurisdiction that requires a license under this | 14 | | Act. | 15 | | (l) "Address of record" means the designated address | 16 | | recorded by the Department in the applicant's or licensee's | 17 | | application file or license file as maintained by the | 18 | | Department's licensure maintenance unit. It is the duty of the | 19 | | applicant or licensee to inform the Department of any change of | 20 | | address, and those changes must be made either through the | 21 | | Department's website or by contacting the Department. | 22 | | (m) "Roof repair" means reconstruction or renewal of any | 23 | | part of an existing roof for the purposes of its maintenance. | 24 | | (Source: P.A. 99-469, eff. 8-26-15.)
| 25 | | (225 ILCS 335/11) (from Ch. 111, par. 7511)
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| 1 | | (Section scheduled to be repealed on January 1, 2026)
| 2 | | Sec. 11. Application of Act.
| 3 | | (1) Nothing in this Act limits the power of a municipality, | 4 | | city,
county, or incorporated area to regulate the quality and | 5 | | character of work performed by roofing
contractors through a | 6 | | system of permits, fees, and inspections which are
designed to | 7 | | secure compliance with and aid in the implementation of State
| 8 | | and local building laws or to enforce other local laws for the | 9 | | protection
of the public health and safety.
| 10 | | (2) Nothing in this Act shall be construed to require a | 11 | | seller of
roofing materials or services to be licensed as a | 12 | | roofing
contractor when
the construction, reconstruction, | 13 | | alteration, maintenance or repair of
roofing or waterproofing | 14 | | is to be performed by a person other than the
seller or the | 15 | | seller's employees.
| 16 | | (3) Nothing in this Act shall be construed to require a | 17 | | person who
performs roofing or waterproofing work to his or her | 18 | | own property, or for
no
consideration, to be licensed as a | 19 | | roofing contractor.
| 20 | | (4) Nothing in this Act shall be construed to require a | 21 | | person who performs roof repair roofing or waterproofing work | 22 | | to his or her employer's property to
be
licensed as a roofing | 23 | | contractor, where there exists an
employer-employee
| 24 | | relationship. Nothing in this Act shall be construed to apply | 25 | | to the
installation of plastics, glass or fiberglass to | 26 | | greenhouses and related
horticultural structures, or to the |
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| 1 | | repair or construction of farm buildings.
| 2 | | (5) Nothing in this Act limits the power of a municipality, | 3 | | city, county, or incorporated area
to collect occupational | 4 | | license and inspection fees for engaging in roofing
| 5 | | contracting.
| 6 | | (6) Nothing in this Act limits the power of the | 7 | | municipalities, cities,
counties, or incorporated areas to | 8 | | adopt any system of permits requiring submission to and | 9 | | approval
by the municipality, city, county, or incorporated | 10 | | area of plans and specifications for work
to be performed by | 11 | | roofing contractors before commencement of the work.
| 12 | | (7) Any official authorized to issue building or other | 13 | | related permits
shall ascertain that the applicant contractor | 14 | | is duly licensed before issuing
the permit. The evidence shall | 15 | | consist only of the exhibition to him or
her of
current | 16 | | evidence of licensure.
| 17 | | (8) This Act applies to any roofing contractor performing | 18 | | work for the
State or any municipality, city, county, or | 19 | | incorporated area. Officers of the State or any municipality, | 20 | | city, county
or incorporated area are required to determine | 21 | | compliance with this Act before
awarding any contracts for | 22 | | construction, improvement, remodeling, or repair.
| 23 | | (9) If an incomplete contract exists at the time of death | 24 | | of a licensee,
the contract may be completed by any person even | 25 | | though not licensed.
Such person shall notify the Department | 26 | | within 30 days after the death of
the contractor of his or her |
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| 1 | | name and address. For the purposes of this
subsection,
an | 2 | | incomplete contract is one which has been awarded to, or | 3 | | entered into
by, the licensee before his or her death or on | 4 | | which he or she was
the low
bidder and
the contract is | 5 | | subsequently awarded to him or her regardless of whether
any | 6 | | actual
work has commenced under the contract before his or her | 7 | | death.
| 8 | | (10) The State or any municipality, city, county, or | 9 | | incorporated area may require that bids submitted
for roofing | 10 | | construction, improvement, remodeling, or repair of public
| 11 | | buildings
be accompanied by evidence that that bidder holds an | 12 | | appropriate license
issued pursuant to this Act.
| 13 | | (11) (Blank).
| 14 | | (12) Nothing in this Act shall prevent a municipality, | 15 | | city, county, or incorporated area from making laws or | 16 | | ordinances that are more stringent than those contained in this | 17 | | Act. | 18 | | (Source: P.A. 99-469, eff. 8-26-15.)".
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