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91_HB3984
LRB9110541ACtm
1 AN ACT concerning roofers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Public Utilities Act is amended by
5 changing Section 13-709 as follows:
6 (220 ILCS 5/13-709)
7 Sec. 13-709. Orders of correction.
8 (a) A telecommunications carrier shall comply with
9 orders of correction issued (i) by the Department of Public
10 Health under Section 5 of the Illinois Plumbing License Law
11 or (ii) by the Department of Professional Regulation under
12 Section 5 of the Illinois Roofing Industry Licensing Act.
13 (b) Upon receiving notification from the Department of
14 Public Health or the Department of Professional Regulation
15 that a telecommunications carrier has failed to comply with
16 an order of correction, the Illinois Commerce Commission
17 shall enforce the order.
18 (c) The good faith compliance by a telecommunications
19 carrier with an order of the Department of Public Health, the
20 Department of Professional Regulation, or the Illinois
21 Commerce Commission to terminate service pursuant to Section
22 5 of the Illinois Plumbing License Law or Section 5 of the
23 Illinois Roofing Industry Licensing Act shall constitute a
24 complete defense to any civil action brought against the
25 telecommunications carrier arising from the termination of
26 service.
27 (Source: P.A. 91-184, eff. 1-1-00.)
28 Section 10. The Illinois Roofing Industry Licensing Act
29 is amended by changing Sections 2 and 5 as follows:
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1 (225 ILCS 335/2) (from Ch. 111, par. 7502)
2 Sec. 2. Definitions. As used in this Act, unless the
3 context otherwise requires:
4 (a) "Licensure" means the act of obtaining or holding a
5 license issued by the Department as provided in this Act.
6 (b) "Department" means the Department of Professional
7 Regulation.
8 (c) "Director" means the Director of Professional
9 Regulation.
10 (d) "Person" means any individual, partnership,
11 corporation, business trust, limited liability company, or
12 other legal entity.
13 (e) "Roofing contractor" is one whose services are
14 unlimited in the roofing trade and who has the experience,
15 knowledge and skill to construct, reconstruct, alter,
16 maintain and repair roofs and use materials and items used in
17 the construction, reconstruction, alteration, maintenance and
18 repair of all kinds of roofing and waterproofing, all in such
19 manner to comply with all plans, specifications, codes, laws,
20 and regulations applicable thereto, but does not include such
21 contractor's employees to the extent the requirements of
22 Section 3 of this Act apply and extend to such employees.
23 (f) "Board" means the Roofing Advisory Board.
24 "Telecommunications carrier" means a telecommunications
25 carrier as defined in the Public Utilities Act.
26 (Source: P.A. 89-387, eff. 1-1-96; 89-594, eff. 8-1-96;
27 90-55, eff. 1-1-98.)
28 (225 ILCS 335/5) (from Ch. 111, par. 7505)
29 Sec. 5. Display of license number; advertising.
30 (a) Each State licensed roofing contractor shall affix
31 the license number of his or her license to all of his or her
32 contracts and bids. In addition, the official issuing
33 building permits shall affix the roofing contractor license
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1 number to each application for a building permit and on each
2 building permit issued and recorded.
3 (b) In addition, every roofing contractor shall affix
4 the roofing contractor license number and the licensee's name
5 on all vehicles used as part of his business as a roofing
6 contractor.
7 (c) Every holder of a license shall display it in a
8 conspicuous place in his or her principal office, place of
9 business, or place of employment.
10 (d) No person licensed under this Act may advertise
11 services regulated by this Act unless that person includes in
12 the advertisement his or her license number. Nothing
13 contained in this subsection requires the publisher of
14 advertising for roofing contractor services to investigate or
15 verify the accuracy of the license number provided by the
16 licensee.
17 (e) A person who advertises services regulated by this
18 Act who knowingly (i) fails to display the license number in
19 any 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
25 provisions of this Section, is guilty of a Class A
26 misdemeanor with a fine of $1,000, and, in addition, is
27 subject to the administrative enforcement provisions of this
28 Act. Each day that an advertisement runs or each day that a
29 person knowingly allows his or her license to be displayed or
30 used in violation of this Section constitutes a separate
31 offense.
32 (f) In addition to, and not in lieu of, the penalties
33 and remedies provided for in this Section and Sections 9.1,
34 9.8, and 10a of this Act, and after notice and an opportunity
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1 for hearing as provided for in this subsection and the other
2 provisions of this Act, the Department may issue an Order of
3 Correction to the telecommunications carrier furnishing
4 service to any telephone number contained in a printed
5 advertisement for roofing services that is found to be in
6 violation of the provisions of this subsection. The Order of
7 Correction shall be limited to the telephone number contained
8 in the unlawful advertisement. The Order of Correction shall
9 notify the telecommunications carrier to disconnect the
10 telephone service furnished to any telephone number contained
11 in the unlawful advertisement and that subsequent calls to
12 that number shall not be referred by the telecommunications
13 carrier to any new telephone number obtained by or any
14 existing number registered to the person.
15 If, upon investigation, the Department has probable cause
16 to believe that a person has placed an advertisement with a
17 telecommunications carrier in which that person: (i) fails to
18 display his or her license number in any manner required by
19 this Section, (ii) fails to provide a publisher with the
20 correct license number as required by subsection (d), or
21 (iii) provides a publisher with a false license number or a
22 license number of another person, or a person who knowingly
23 allows his or her license number to be displayed or used by
24 another person to circumvent a provision of this Section, the
25 Department shall provide notice to the person of the
26 Department's intent to issue an Order of Correction to the
27 telecommunications carrier to disconnect the telephone
28 service furnished to any telephone number contained in the
29 unlawful advertisement, and that subsequent calls to that
30 number shall not be referred by the telecommunications
31 carrier to any new telephone number obtained by or any
32 existing number registered to the person.
33 Notice shall be provided by certified mail or by personal
34 service setting forth the particular reasons for the proposed
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1 action and fixing a date, not less than 20 days from the date
2 of the mailing or service, within which time the person must
3 request a hearing in writing. Failure to serve upon the
4 Department a written request for hearing within the time
5 provided in the notice shall constitute a waiver of the
6 person's right to an administrative hearing. The hearing,
7 findings, and conclusions shall be in accordance with the
8 provisions contained in this Act and the Department's rules.
9 Upon a finding that the person has violated the
10 provisions of this subsection, the Department shall issue the
11 Order of Correction to the telecommunications carrier. If the
12 telecommunications carrier fails to comply with the Order of
13 Correction within 20 days after the order is final, the
14 Department shall inform the Illinois Commerce Commission of
15 the failure to comply and the Illinois Commerce Commission
16 shall require the telecommunications carrier furnishing
17 services to that person to disconnect the telephone service
18 furnished to the telephone number contained in the unlawful
19 advertisement and direct that subsequent calls to that number
20 shall not be referred by the telecommunications carrier to
21 any new telephone number obtained by or any existing number
22 registered to the person.
23 A person may have his or her telephone services restored,
24 after an Order of Correction has been issued, upon a showing,
25 to the satisfaction of the Department, that he or she is in
26 compliance with the provisions of this Act.
27 (Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
28 Section 99. Effective date. This Act takes effect
29 January 1, 2001.