State of Illinois
91st General Assembly
Legislation

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91_SB0487

 
                                              LRB9100640ACtmA

 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.
 
                            -2-               LRB9100640ACtmA
 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,
 
                            -3-               LRB9100640ACtmA
 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,
16    an applicant shall submit an application in  writing  to  the
17    Department on a form containing the information prescribed by
18    the  Department  and  accompanied  by  the  fee  fixed by the
19    Department.
20        (2)  An applicant for a license certificate  must  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
 
                            -4-               LRB9100640ACtmA
 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
 
                            -5-               LRB9100640ACtmA
 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.
 
                            -6-               LRB9100640ACtmA
 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.

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