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91_HB0515eng HB0515 Engrossed LRB9100639ACtmA 1 AN ACT to amend the Illinois Roofing Industry Licensing 2 Act by changing Sections 2 and 3, by adding Sections 3.5, 3 4.5, and 5.5, and by repealing Section 4. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Illinois Roofing Industry Licensing Act 7 is amended by changing Sections 2 and 3 and adding Sections 8 3.5, 4.5, and 5.5 as follows: 9 (225 ILCS 335/2) (from Ch. 111, par. 7502) 10 Sec. 2. Definitions. As used in this Act, unless the 11 context otherwise requires: 12 (a) "Licensure" means the act of obtaining or holding a 13 license issued by the Department as provided in this Act. 14 (b) "Department" means the Department of Professional 15 Regulation. 16 (c) "Director" means the Director of Professional 17 Regulation. 18 (d) "Person" means any individual, partnership, 19 corporation, business trust, limited liability company, or 20 other legal entity. 21 (e) "Roofing contractor" is one whose services are 22 unlimited in the roofing trade and who has the experience, 23 knowledge and skill to construct, reconstruct, alter, 24 maintain and repair roofs and use materials and items used in 25 the construction, reconstruction, alteration, maintenance and 26 repair of all kinds of roofing and waterproofing, all in such 27 manner to comply with all plans, specifications, codes, laws, 28 and regulations applicable thereto, but does not include such 29 contractor's employees to the extent the requirements of 30 Section 3 of this Act apply and extend to such employees. 31 (f) "Board" means the Roofing Advisory Board. HB0515 Engrossed -2- LRB9100639ACtmA 1 (g) "Qualifying party" means the individual filing as a 2 sole proprietor, partner of a partnership, officer of a 3 corporation, trustee of a business trust, or party of another 4 legal entity, who is legally qualified to act for the 5 business organization in all matters connected with its 6 roofing contracting business, has the authority to supervise 7 roofing operations, and is actively engaged in day to day 8 activities of the business organization. 9 (Source: P.A. 89-387, eff. 1-1-96; 89-594, eff. 8-1-96; 10 90-55, eff. 1-1-98.) 11 (225 ILCS 335/3) (from Ch. 111, par. 7503) 12 Sec. 3. Application for license. 13 (1) To obtain a license, an applicant must indicate if 14 the license is sought for a sole proprietorship, partnership, 15 corporation, business trust, or other legal entity. If the 16 license is sought for a sole proprietorship, the license 17 shall be issued to the proprietor who shall also be 18 designated as the qualifying party. If the license is sought 19 for a partnership, corporation, business trust, or other 20 legal entity, the license shall be issued in the company 21 name. A company must designate one individual who will serve 22 as a qualifying party. The qualifying party is the 23 individual who must take the examination required under 24 Section 3.5. The company shall submit an application in 25 writing to the Department on a form containing the 26 information prescribed by the Department and accompanied by 27 the fee fixed by the Department. The application shall 28 include, but shall not be limited to: 29 (a) the name and address of the person designated 30 as the qualifying party responsible for the practice of 31 professional roofing in Illinois; 32 (b) the name of the proprietorship and its 33 proprietor, the name of the partnership and its partners, HB0515 Engrossed -3- LRB9100639ACtmA 1 the name of the corporation and its officers and 2 directors, the name of the business trust and its 3 trustees, or the name of such other legal entity and its 4 members; 5 (c) evidence of compliance with any statutory 6 requirements pertaining to such legal entity, including 7 compliance with any laws pertaining to the use of 8 fictitious names, if a fictitious name is used; if the 9 business is a sole proprietorship and doing business 10 under a name other than that of the individual 11 proprietor, the individual proprietor must list all 12 business names used for that proprietorship. 13 A certificate issued by the Department before the 14 effective date of this amendatory Act of 1999 shall be deemed 15 a license for purposes of this Act.To obtain a certificate,16an applicant shall submit an application in writing to the17Department on a form containing the information prescribed by18the Department and accompanied by the fee fixed by the19Department.20 (2) An applicant for a licensecertificatemust submit 21 satisfactory evidence that: 22 (a) he or she has obtained public liability and 23 property damage insurance in such amounts and under such 24 circumstances as may be determined by the Department; 25 (b) he or she has obtained Workers' Compensation 26 insurance covering his or her employees or is approved as 27 a self-insurer of Workers' Compensation in accordance 28 with Illinois law; 29 (c) he or she has an Illinois Unemployment 30 Insurance employer identification number or has proof of 31 application to the Illinois Department of Labor for such 32 an identification number; 33 (d) he or she has submitted a bond to the 34 Department in the amount of $5,000; and HB0515 Engrossed -4- LRB9100639ACtmA 1 (e) a qualifying party has satisfactorily completed 2 the examination required under Section 3.5. 3 (3) It is the responsibility of the licensee to provide 4 to the Department notice in writing of any changes in the 5 information required to be provided on the application. 6 (4) Until July 1, 2000, a roofing contractor who has 7 been registered by the Department to perform services 8 regulated by this Act for at least 5 consecutive years before 9 the effective date of this amendatory Act of 1999 is exempt 10 from the examination requirements under Section 3.5. After 11 July 1, 2000, all roofing contractors must designate a 12 qualifying party and otherwise achieve compliance with this 13 Act no later than July 1, 2002 or his or her license will 14 automatically expire on July 1, 2002. 15 (Source: P.A. 89-387, eff. 1-1-96.) 16 (225 ILCS 335/3.5 new) 17 Sec. 3.5. Examination. 18 (a) The Department shall authorize examinations for 19 applicants for initial licenses at least 4 times each year at 20 the time and place it may designate. The examinations shall 21 be of a character to fairly test the competence and 22 qualifications of applicants to act as roofing contractors. 23 The Department may engage a national qualified construction 24 testing service for the purpose of preparing and conducting 25 examinations. 26 (b) Applicants for examination shall pay, either to the 27 Department or the designated testing service, a fee 28 established by the Department to cover the cost of providing 29 the examination. Failure of the applicant to appear for the 30 examination on the scheduled date at the time and place 31 specified after his or her application for examination has 32 been received and acknowledged by the Department or the 33 designated testing service shall result in forfeiture of the HB0515 Engrossed -5- LRB9100639ACtmA 1 examination fee. 2 (c) An applicant must pass an examination authorized by 3 the Department before being issued a license. If an applicant 4 fails to pass an examination for licensure under this Act 5 within 3 years after filing an application, the application 6 shall be denied. However, such applicant may reapply for an 7 examination on payment of the required fee. 8 (225 ILCS 335/4.5 new) 9 Sec. 4.5. Duties of qualifying party; replacement. 10 While engaged as a qualifying party for a licensee, a person 11 shall not take other employment that would conflict with his 12 or her duties as a qualifying party or conflict with his or 13 her ability to adequately supervise the work performed by the 14 licensee. The person may act in the capacity of the 15 qualifying party for one additional licensee if one of the 16 following conditions exists: 17 (1) There is a common ownership of at least 25% of 18 each licensed entity for which the person acts as a 19 qualifying party. 20 (2) The same person acts as a qualifying party for 21 one licensed entity and its licensed subsidiary. 22 "Subsidiary" as used in this Section means a corporation 23 of which at least 25% is owned by another licensee. 24 In the event that a qualifying party is terminated or 25 terminating his or her status as managing agent of a 26 licensee, the qualifying party and the licensee shall notify 27 the Department of that fact in writing. Thereafter, the 28 licensee shall notify the Department of the name and address 29 of the newly designated qualifying party. The newly 30 designated qualifying party shall meet all examination 31 requirements as prescribed in Section 3.5 of this Act. These 32 requirements shall be met in a timely manner as established 33 by rule of the Department. HB0515 Engrossed -6- LRB9100639ACtmA 1 (225 ILCS 335/5.5 new) 2 Sec. 5.5. Contracts. A roofing contractor, when signing a 3 contract, must provide a land-based phone number and a street 4 address other than a post office box at which he or she may 5 be contacted. 6 (225 ILCS 335/4 rep.) 7 Section 10. The Illinois Roofing Industry Licensing Act 8 is amended by repealing Section 4. 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.