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91_SB0487enr SB487 Enrolled LRB9100640ACtmA 1 AN ACT to amend the Illinois Roofing Industry Licensing 2 Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Roofing Industry Licensing Act 6 is amended by changing Sections 2, 3, 9, 9.2, 9.4, 9.5, 9.10, 7 9.14, 10, and 11.5 and adding Sections 3.2, 3.5, 4.5, and 5.5 8 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. SB487 Enrolled -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 installation operations, and is actively engaged in 8 day to day activities of the business organization. 9 "Qualifying party" does not apply to a seller of roofing 10 materials or services when the construction, reconstruction, 11 alteration, maintenance, or repair of roofing or 12 waterproofing is to be performed by a person other than the 13 seller or the seller's employees. 14 (h) "Limited roofing license" means a license made 15 available to contractors whose roofing business is limited to 16 residential roofing, including residential properties 17 consisting of 8 units or less. 18 (i) "Unlimited roofing license" means a license made 19 available to contractors whose roofing business is unlimited 20 in nature and includes roofing on residential, commercial, 21 and industrial properties. 22 (Source: P.A. 89-387, eff. 1-1-96; 89-594, eff. 8-1-96; 23 90-55, eff. 1-1-98.) 24 (225 ILCS 335/3) (from Ch. 111, par. 7503) 25 Sec. 3. Application for license. 26 (1) To obtain a license, an applicant must indicate if 27 the license is sought for a sole proprietorship, partnership, 28 corporation, business trust, or other legal entity and 29 whether the application is for a limited or unlimited roofing 30 license. If the license is sought for a sole proprietorship, 31 the license shall be issued to the proprietor who shall also 32 be designated as the qualifying party. If the license is 33 sought for a partnership, corporation, business trust, or SB487 Enrolled -3- LRB9100640ACtmA 1 other legal entity, the license shall be issued in the 2 company name. A company must designate one individual who 3 will serve as a qualifying party. The qualifying party is 4 the individual who must take the examination required under 5 Section 3.5. The company shall submit an application in 6 writing to the Department on a form containing the 7 information prescribed by the Department and accompanied by 8 the fee fixed by the Department. The application shall 9 include, but shall not be limited to: 10 (a) the name and address of the person designated 11 as the qualifying party responsible for the practice of 12 professional roofing in Illinois; 13 (b) the name of the proprietorship and its 14 proprietor, the name of the partnership and its partners, 15 the name of the corporation and its officers and 16 directors, the name of the business trust and its 17 trustees, or the name of such other legal entity and its 18 members; 19 (c) evidence of compliance with any statutory 20 requirements pertaining to such legal entity, including 21 compliance with any laws pertaining to the use of 22 fictitious names, if a fictitious name is used; if the 23 business is a sole proprietorship and doing business 24 under a name other than that of the individual 25 proprietor, the individual proprietor must list all 26 business names used for that proprietorship. 27 (1.5) A certificate issued by the Department before the 28 effective date of this amendatory Act of the 91st General 29 Assembly shall be deemed a license for the purposes of this 30 Act.To obtain a certificate, an applicant shall submit an31application in writing to the Department on a form containing32the information prescribed by the Department and accompanied33by the fee fixed by the Department.34 (2) An applicant for a licensecertificatemust submit SB487 Enrolled -4- LRB9100640ACtmA 1 satisfactory evidence that: 2 (a) he or she has obtained public liability and 3 property damage insurance in such amounts and under such 4 circumstances as may be determined by the Department; 5 (b) he or she has obtained Workers' Compensation 6 insurance covering his or her employees or is approved as 7 a self-insurer of Workers' Compensation in accordance 8 with Illinois law; 9 (c) he or she has an Illinois Unemployment 10 Insurance employer identification number or has proof of 11 application to the Illinois Department of Labor for such 12 an identification number; 13 (d) he or she has submitted a continuous bond to 14 the Department in the amount of $10,000 for a limited 15 license and in the amount of $25,000 for an unlimited 16 license; and$5,000.17 (e) a qualifying party has satisfactorily completed 18 the examination required under Section 3.5. 19 (3) It is the responsibility of the licensee to provide 20 to the Department notice in writing of any changes in the 21 information required to be provided on the application. 22 (4) All roofing contractors must designate a qualifying 23 party and otherwise achieve compliance with this Act no later 24 than July 1, 2003 or his or her license will automatically 25 expire on July 1, 2003. 26 (5) Nothing in this Section shall apply to a seller of 27 roofing materials or services when the construction, 28 reconstruction, alteration, maintenance, or repair of roofing 29 or waterproofing is to be performed by a person other than 30 the seller or the seller's employees. 31 (6) Applicants have 3 years from the date of application 32 to complete the application process. If the application has 33 not been completed within 3 years, the application shall be 34 denied, the fee shall be forfeited and the applicant must SB487 Enrolled -5- LRB9100640ACtmA 1 reapply and meet the requirements in effect at the time of 2 reapplication. 3 (Source: P.A. 89-387, eff. 1-1-96.) 4 (225 ILCS 335/3.2 new) 5 Sec. 3.2. Bond. Before issuing or renewing a license, 6 the Department shall require each applicant or licensee to 7 file and maintain in force a surety bond, issued by an 8 insurance company authorized to transact fidelity and surety 9 business in the State of Illinois. The bond shall be 10 continuous in form, unless terminated by the insurance 11 company. An insurance company may terminate a bond and avoid 12 further liability by filing a 60-day notice of termination 13 with the Department and, at the same time, sending the notice 14 to the roofing contractor. A license shall be cancelled 15 without hearing on the termination date of the roofing 16 contractor's bond, unless a new bond is filed with the 17 Department to become effective at the termination date of the 18 prior bond. If a license has been cancelled without hearing 19 under this Section, the license shall be reinstated upon 20 showing proof of compliance with this Act. 21 (225 ILCS 335/3.5 new) 22 Sec. 3.5. Examination. 23 (a) The Department shall authorize examinations for 24 applicants for initial licenses at the time and place it may 25 designate. The examinations shall be of a character to 26 fairly test the competence and qualifications of applicants 27 to act as roofing contractors. Each applicant for limited 28 licenses shall designate a qualifying party who shall take an 29 examination, the technical portion of which shall cover 30 residential roofing practices. Each applicant for an 31 unlimited license shall designate a qualifying party who 32 shall take an examination, the technical portion of which SB487 Enrolled -6- LRB9100640ACtmA 1 shall cover residential, commercial, and industrial roofing 2 practices. 3 (b) An applicant for a limited license or an unlimited 4 license or a qualifying party designated by an applicant for 5 a limited license or unlimited license shall pay, either to 6 the Department or the designated testing service, a fee 7 established by the Department to cover the cost of providing 8 the examination. Failure of the individual scheduled to 9 appear for the examination on the scheduled date at the time 10 and place specified after his or her application for 11 examination has been received and acknowledged by the 12 Department or the designated testing service shall result in 13 forfeiture of the examination fee. 14 (c) A person who has a license as described in 15 subsection (1.5) of Section 3 is exempt from the examination 16 requirement of this Section, so long as (1) the license 17 continues to be valid and is renewed before expiration and 18 (2) the person is not newly designated as a qualifying party 19 after July 1, 2003. The qualifying party for an applicant for 20 a new license must have passed an examination authorized by 21 the Department before the Department may issue a license. 22 An applicant has 3 years after the date of his or her 23 application to complete the application process. If the 24 process has not been completed within 3 years, the 25 application shall be denied, the fee shall be forfeited, and 26 the applicant must reapply and meet the requirements in 27 effect at the time of reapplication. 28 (225 ILCS 335/4.5 new) 29 Sec. 4.5. Duties of qualifying party; replacement. 30 While engaged as or named as a qualifying party for a 31 licensee, no person may be the named qualifying party for any 32 other licensee. However, the person may act in the capacity 33 of the qualifying party for one additional licensee of the SB487 Enrolled -7- LRB9100640ACtmA 1 same type of licensure if one of the following conditions 2 exists: 3 (1) There is a common ownership of at least 25% of 4 each licensed entity for which the person acts as a 5 qualifying party. 6 (2) The same person acts as a qualifying party for 7 one licensed entity and its licensed subsidiary. 8 "Subsidiary" as used in this Section means a corporation 9 of which at least 25% is owned by another licensee. 10 In the event that a qualifying party is terminated or 11 terminating his or her status as qualifying party of a 12 licensee, the qualifying party and the licensee shall notify 13 the Department of that fact in writing. Thereafter, the 14 licensee shall notify the Department of the name and address 15 of the newly designated qualifying party. The newly 16 designated qualifying party must take the examination 17 prescribed in Section 3.5 of this Act. These requirements 18 shall be met in a timely manner as established by rule of the 19 Department. 20 (225 ILCS 335/5.5 new) 21 Sec. 5.5. Contracts. A roofing contractor, when signing a 22 contract, must provide a land-based phone number and a street 23 address other than a post office box at which he or she may 24 be contacted. 25 (225 ILCS 335/9) (from Ch. 111, par. 7509) 26 Sec. 9. Licensure requirement. 27 (1) It is unlawful for any person to engage in the 28 business or act in the capacity of or hold himself or herself 29 out in any manner as a roofing contractor without having been 30 duly licensed under the provisions of this Act. 31 (2) No work involving the construction, reconstruction, 32 alteration, maintenance or repair of any kind of roofing or SB487 Enrolled -8- LRB9100640ACtmA 1 waterproofing may be done except by a roofing contractor 2 licensed under this Act. 3 (3) Sellers of roofing services may subcontract the 4 provision of those roofing services only to roofing 5 contractors licensed under this Act. 6 (Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.) 7 (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2) 8 Sec. 9.2. Stenographer; record of proceedings. The 9 Department, at its expense, shall provide a stenographer to 10 take down the testimony and preserve a record of all 11 proceedings initiated pursuant to this Act, the rules for the 12 administration of this Act, or any other Act or rules 13 relating to this Act and proceedings for restoration of any 14 license issued under this Act. The notice of hearing, 15 complaint, answer, and all other documents in the nature of 16 pleadings and written motions and responses filed in the 17 proceedings, the transcript of the testimony, all exhibits 18 admitted into evidence, the report of the hearing officer, 19 the Board's findings of fact, conclusions of law, and 20 recommendations to the Director, and the order shall be the 21 record of the proceedings. The Department shall furnish a 22 transcript of the record to any person interested in the 23 hearing upon payment of the fee required under Section 24 2105-115 of the Department of Professional Regulation Law (20 25 ILCS 2105/2105-115).The Department, at its expense, shall26preserve a record of all proceedings at the formal hearing of27any case. The notice of hearing, complaint and all other28documents in the nature of pleadings and written motions29filed in the proceedings, the transcript of testimony, the30report of the hearing officer and order of the Department31shall be the record of such proceeding. The Department shall32furnish a transcript of the record to any person interested33in the hearing upon payment of the fee required under SectionSB487 Enrolled -9- LRB9100640ACtmA 12105-115 of the Department of Professional Regulation Law (202ILCS 2105/2105-115).3 (Source: P.A. 91-239, eff. 1-1-00.) 4 (225 ILCS 335/9.4) (from Ch. 111, par. 7509.4) 5 Sec. 9.4. The Department has power to subpoena and bring 6 before it any person in this State and to take testimony 7 either orally or by deposition or both, or to subpoena 8 documents, exhibits, or other materials with the same fees 9 and mileage and in the same manner as prescribed by law in 10 judicial proceedings in civil cases in circuit courts of this 11 State. 12 The Director and any member of the Roofing Advisory Board 13 have power to administer oaths to witnesses at any hearing 14 that the Department or Roofing Advisory Board is authorized 15 by law to conduct. Further, the Director has power to 16 administer any other oaths required or authorized to be 17 administered by the Department under this Act. 18The Director and the hearing officer have power to19administer oaths to witnesses at any hearing which the20Department is authorized to conduct under this Act, and any21other oaths required or authorized to be administered by the22Department under this Act.23 (Source: P.A. 89-387, eff. 1-1-96.) 24 (225 ILCS 335/9.5) (from Ch. 111, par. 7509.5) 25 Sec. 9.5. Findings of fact, conclusions of law, and 26 recommendations; order. Within 60 days of the Department's 27 receipt of the transcript of any hearing that is conducted 28 pursuant to this Act or the rules for its enforcement or any 29 other statute or rule requiring a hearing under this Act or 30 the rules for its enforcement, or for any hearing related to 31 restoration of any license issued pursuant to this Act, the 32 hearing officer shall submit his or her written findings and SB487 Enrolled -10- LRB9100640ACtmA 1 recommendations to the Roofing Advisory Board. The Roofing 2 Advisory Board shall review the report of the hearing officer 3 and shall present its findings of fact, conclusions of law, 4 and recommendations to the Director by the date of the 5 Board's second meeting following the Board's receipt of the 6 hearing officer's report. 7 A copy of the findings of fact, conclusions of law, and 8 recommendations to the Director shall be served upon the 9 accused person, either personally or by registered or 10 certified mail. Within 20 days after service, the accused 11 person may present to the Department a written motion for a 12 rehearing, which shall state the particular grounds therefor. 13 If the accused person orders and pays for a transcript 14 pursuant to Section 9.2, the time elapsing thereafter and 15 before the transcript is ready for delivery to him or her 16 shall not be counted as part of the 20 days. 17 The Director shall issue an order based on the findings 18 of fact, conclusions of law, and recommendations to the 19 Director. If the Director disagrees in any regard with the 20 findings of fact, conclusions of law, and recommendations to 21 the Director, he may issue an order in contravention of the 22 findings of fact, conclusions of law, and recommendations to 23 the Director. 24 If the Director issues an order in contravention of the 25 findings of fact, conclusions of law, and recommendations to 26 the Director, the Director shall notify the Board in writing 27 with an explanation for any deviation from the Board's 28 findings of fact, conclusions of law, and recommendations to 29 the Director within 30 days of the Director's entry of the 30 order.At the conclusion of the hearing the hearing officer31shall present to the Director a written report of his32findings of fact, conclusions of law and recommendations.33The report shall contain a finding whether or not the accused34person violated this Act or failed to comply with theSB487 Enrolled -11- LRB9100640ACtmA 1conditions required in this Act. The hearing officer shall2specify the nature of the violation or failure to comply, and3shall make his recommendations to the Director.4The report of findings of fact, conclusions of law and5recommendations of the hearing officer shall be the basis for6the Department's order. If the Director disagrees in any7regard with the report of the hearing officer, the Director8may issue an order in contravention to the report. The9finding is not admissible in evidence against the person in a10criminal prosecution brought for the violation of this Act,11but the hearing and findings are not a bar to a criminal12prosecution brought for the violation of this Act.13 (Source: P.A. 86-615.) 14 (225 ILCS 335/9.10) (from Ch. 111, par. 7509.10) 15 Sec. 9.10. Returned checks; fines. Any person who 16 delivers a check or other payment to the Department that is 17 returned to the Department unpaid by the financial 18 institution upon which it is drawn shall pay to the 19 Department, in addition to the amount already owed to the 20 Department, a fine of $50. If the check or other payment was 21 for a renewal or issuance fee and that person practices 22 without paying the renewal fee or issuance fee and the fine 23 due, an additional fine of $100 shall be imposed. The fines 24 imposed by this Section are in addition to any other 25 discipline provided under this Act for unlicensed practice or 26 practice on a nonrenewed license. The Department shall notify 27 the person that payment of fees and fines shall be paid to 28 the Department by certified check or money order within 30 29 calendar days of the notification. If, after the expiration 30 of 30 days from the date of the notification, the person has 31 failed to submit the necessary remittance, the Department 32 shall automatically terminate the license or deny the 33 application, without hearing. If, after termination or SB487 Enrolled -12- LRB9100640ACtmA 1 denial, the person seeks a license, he or she shall apply to 2 the Department for restoration or issuance of the license and 3 pay all the application fees as set by rulefees and fines4due to the Department. The Department may establish a fee for 5 the processing of an application for restoration of a license 6 to pay all expenses of processing this application. The 7 Director may waive the fines due under this Section in 8 individual cases where the Director finds that the fines 9 would be unreasonable or unnecessarily burdensome. 10 (Source: P.A. 90-55, eff. 1-1-98.) 11 (225 ILCS 335/9.14) (from Ch. 111, par. 7509.14) 12 Sec. 9.14. The Director has the authority to appoint any 13 attorney duly licensed to practice law in the State of 14 Illinois to serve as the hearing officer for any action for 15 refusal to issue or renew a license, forordiscipline of a 16 licensee for sanctions for unlicensed practice, for 17 restoration of a license, or for any other action for which 18 findings of fact, conclusions of law, and recommendations are 19 required pursuant to Section 9.5 of this Act. The hearing 20 officer shall have full authority to conduct the hearing and 21 shall issue his or her findings of fact and recommendations 22 to the Board pursuant to Sections 9.5 of this Act.The23hearing officer has full authority to conduct the hearing.24The hearing officer shall report his findings of fact,25conclusions of law and recommendations to the Director. The26Director shall issue an order based on the report of the27hearing officer. If the Director disagrees in any regard28with the hearing officer's report, he may issue an order in29contravention of the hearing officer's report.30 (Source: P.A. 86-615.) 31 (225 ILCS 335/10) (from Ch. 111, par. 7510) 32 Sec. 10. Enforcement; petition to court. SB487 Enrolled -13- LRB9100640ACtmA 1 (1) If any person violates the provisions of this Act, 2 the Director through the Attorney General of Illinois, or the 3 State's Attorney of any county in which a violation is 4 alleged to exist, may in the name of the People of the State 5 of Illinois petition for an order enjoining such violation or 6 for an order enforcing compliance with this Act. Upon the 7 filing of a verified petition in such court, the court may 8 issue a temporary restraining order, without notice or bond, 9 and may preliminarily and permanently enjoin such violation, 10 and if it is established that such person has violated or is 11 violating the injunction, the Court may punish the offender 12 for contempt of court. 13 (2) If any person shall practice as a licensee or hold 14 himself or herself out as a licensee without being licensed 15 under the provisions of this Act, then any person licensed 16 under this Act, any interested party or any person injured 17 thereby may, in addition to those officers identified in 18 subsection (1) of this Section, petition for relief as 19 provided therein. 20 (3) Whenever the Department has reason to believe that 21 any person has violated the licensing requirements of this 22 Act by practicing, offering to practice, attempting to 23 practice, or holding himself or herself out to practice 24 roofing without being licensed under this Act, the Department 25 may issue a rule to show cause why an order to cease and 26 desist should not be entered against that person. The rule 27 shall clearly set forth the grounds relied upon by the 28 Department and shall provide a period of 7 days from the date 29 of the rule to file an answer to the satisfaction of the 30 Department. Failure to answer to the satisfaction of the 31 Department shall cause an order to cease and desist to be 32 issued immediately. 33 (4)(3)Proceedings under this Section shall be in 34 addition to, and not in lieu of, all other remedies and SB487 Enrolled -14- LRB9100640ACtmA 1 penalties which may be provided by law. 2 (Source: P.A. 90-55, eff. 1-1-98.) 3 (225 ILCS 335/11.5) 4 Sec. 11.5. The Roofing Advisory Board is created and 5 shall consist of 87persons, one of whom is a knowledgeable 6 public member and 76of whomshallhave been issued licenses 7certificates of registrationas roofing contractors by the 8 Departmentand one who is a knowledgeable public member. One 9 of the 7 licensed roofing contractors on the Board shall 10 represent a statewide association representing home builders 11 and another of the 7 licensed roofing contractors shall 12 represent an association predominately representing 13 retailers. The public member shall not be licensed under 14 this Act or any other Act the Department administers. Each 15 member shall be appointed by the Director. Members shall be 16 appointed who reasonably represent the different geographic 17 areas of the State. 18 Members of the Roofing Advisory Board shall be immune 19 from suit in any action based upon any disciplinary 20 proceedings or other acts performed in good faith as members 21 of the Roofing Advisory Board, unless the conduct that gave 22 rise to the suit was willful and wanton misconduct. 23The Director shall consider the advice and24recommendations of the Board. The Director shall notify the25Board in writing with an explanation of any deviation from26the Board's written recommendation or response. After review27of the Director's written explanation of the reasons for28deviation, the Board shall have the opportunity to comment29upon the Director's decision.30 The persons appointed shall hold office for 4 years and 31 until a successor is appointed and qualified. The initial 32 terms shall begin July 1, 1997. Of the members of the Board 33 first appointed, 2 shall be appointed to serve for 2 years, 2 SB487 Enrolled -15- LRB9100640ACtmA 1 shall be appointed to serve for 3 years, and 3 shall be 2 appointed to serve for 4 years. No member shall serve more 3 than 2 complete 4 year terms. 4 Within 90 days of a vacancy occurring, the Director shall 5 fill the vacancy for the unexpired portion of the term with 6 an appointee who meets the same qualifications as the person 7 whose position has become vacant. The Board shall meet 8 annually to elect one member as chairman and one member as 9 vice-chairman. No officer shall be elected more than twice 10 in succession to the same office. The members of the Board 11 shall receive reimbursement for actual, necessary, and 12 authorized expenses incurred in attending the meetings of the 13 Board. 14 (Source: P.A. 89-594, eff. 8-1-96.) 15 (225 ILCS 335/4 rep.) 16 Section 10. The Illinois Roofing Industry Licensing Act 17 is amended by repealing Section 4. 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.