[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] | [ Senate Amendment 004 ] |
91_SB0487sam002
LRB9100640ACtmam04
1 AMENDMENT TO SENATE BILL 487
2 AMENDMENT NO. . Amend Senate Bill 487, by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Roofing Industry Licensing Act
5 is amended by changing Sections 3, 9.2, 9.4, 9.5, 9.14, 10,
6 and 11.5 and adding Sections 3.5 and 5.5 as follows:
7 (225 ILCS 335/3) (from Ch. 111, par. 7503)
8 Sec. 3. (1) To obtain a certificate, an applicant shall
9 submit an application in writing to the Department on a form
10 containing the information prescribed by the Department and
11 accompanied by the fee fixed by the Department.
12 (2) An applicant for a certificate must submit
13 satisfactory evidence that:
14 (a) he or she has obtained public liability and
15 property damage insurance in such amounts and under such
16 circumstances as may be determined by the Department;
17 (b) he or she has obtained Workers' Compensation
18 insurance covering his employees or is approved as a
19 self-insurer of Workers' Compensation in accordance with
20 Illinois law;
21 (c) he or she has an Illinois Unemployment
22 Insurance employer identification number or has proof of
-2- LRB9100640ACtmam04
1 application to the Illinois Department of Labor for such
2 an identification number;
3 (d) (blank) he or she has submitted a bond to the
4 Department in the amount of $5,000.
5 (3) It is the responsibility of the licensee to provide
6 to the Department notice in writing of any changes in the
7 information required to be provided on the application.
8 (Source: P.A. 89-387, eff. 1-1-96.)
9 (225 ILCS 335/3.5 new)
10 Sec. 3.5. Bond. Before issuing or renewing a license,
11 the Department shall require each applicant or licensee to
12 file and maintain in force a surety bond, issued by an
13 insurance company authorized to transact fidelity and surety
14 business in the State of Illinois. The bond shall be for the
15 benefit of the consumers who obtain a judgment from a court
16 of competent jurisdiction based on the failure of the roofing
17 contractor to fulfill the terms of the contract between the
18 consumer and the roofing contractor. The bond shall be in the
19 form prescribed by the Department. The bond shall be
20 continuous in form and run concurrently with the original and
21 each renewal license period, unless terminated by the
22 insurance company. An insurance company may terminate a bond
23 and avoid further liability by filing a 60-day notice of
24 termination with the Department and, at the same time,
25 sending the notice to the roofing contractor. A license
26 shall be suspended on the termination date of the roofing
27 contractor's bond, unless a new bond is filed with the
28 Department to become effective at the termination date of the
29 prior bond. If a license has been suspended under this
30 Section, the license shall be reinstated upon showing proof
31 of compliance with this Section.
32 (225 ILCS 335/5.5 new)
-3- LRB9100640ACtmam04
1 Sec. 5.5. Contracts. A roofing contractor, when signing a
2 contract, must provide a land-based phone number and a street
3 address other than a post office box at which he or she may
4 be contacted.
5 (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
6 Sec. 9.2. Stenographer; record of proceedings. The
7 Department, at its expense, shall provide a stenographer to
8 take down the testimony and preserve a record of all
9 proceedings initiated pursuant to this Act, the rules for the
10 administration of this Act, or any other Act or rules
11 relating to this Act and proceedings for restoration of any
12 license issued under this Act. The notice of hearing,
13 complaint, answer, and all other documents in the nature of
14 pleadings and written motions and responses filed in the
15 proceedings, the transcript of the testimony, all exhibits
16 admitted into evidence, the report of the hearing officer,
17 the Board's findings of fact, conclusions of law, and
18 recommendations to the Director, and the order shall be the
19 record of the proceeding. The Department shall furnish a
20 transcript of the record to any person interested in the
21 hearing upon payment of the fee required under Section 60f of
22 the Civil Administrative Code of Illinois. The Department, at
23 its expense, shall preserve a record of all proceedings at
24 the formal hearing of any case. The notice of hearing,
25 complaint and all other documents in the nature of pleadings
26 and written motions filed in the proceedings, the transcript
27 of testimony, the report of the hearing officer and order of
28 the Department shall be the record of such proceeding. The
29 Department shall furnish a transcript of the record to any
30 person interested in the hearing upon payment of the fee
31 required under Section 60f of the Civil Administrative Code
32 of Illinois.
33 (Source: P.A. 89-387, eff. 1-1-96.)
-4- LRB9100640ACtmam04
1 (225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
2 Sec. 9.4. The Department has power to subpoena and bring
3 before it any person in this State and to take testimony
4 either orally or by deposition or both, or to subpoena
5 documents, exhibits, or other materials with the same fees
6 and mileage and in the same manner as prescribed by law in
7 judicial proceedings in civil cases in circuit courts of this
8 State.
9 The Director and any member of the Roofing Advisory Board
10 have power to administer oaths to witnesses at any hearing
11 that the Department or Roofing Advisory Board is authorized
12 by law to conduct. Further, the Director has power to
13 administer any other oaths required or authorized to be
14 administered by the Department under this Act.
15 The Director and the hearing officer have power to
16 administer oaths to witnesses at any hearing which the
17 Department is authorized to conduct under this Act, and any
18 other oaths required or authorized to be administered by the
19 Department under this Act.
20 (Source: P.A. 89-387, eff. 1-1-96.)
21 (225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)
22 Sec. 9.5. Findings of fact, conclusions of law, and
23 recommendations; order. Within 30 days of the Department's
24 receipt of the transcript of any hearing that is conducted
25 pursuant to this Act or the rules for its enforcement or any
26 other statute or rule requiring a hearing under this Act or
27 the rules for its enforcement, or for any hearing related to
28 restoration of any license issued pursuant to this Act, the
29 hearing officer shall submit his or her written findings and
30 recommendations to the Roofing Advisory Board. The Roofing
31 Advisory Board shall review the report of the hearing officer
32 and shall present its findings of fact, conclusions of law,
33 and recommendations to the Director by the date of the
-5- LRB9100640ACtmam04
1 Board's second meeting following the Board's receipt of the
2 hearing officer's report.
3 A copy of the findings of fact, conclusions of law, and
4 recommendations to the Director shall be served upon the
5 accused person, either personally or by registered or
6 certified mail. Within 20 days after service, the accused
7 person may present to the Department a written motion for a
8 rehearing, which shall state the particular grounds therefor.
9 If the accused person orders and pays for a transcript
10 pursuant to Section 9.2, the time elapsing thereafter and
11 before the transcript is ready for delivery to him or her
12 shall not be counted as part of the 20 days.
13 The Director shall issue an order based on the findings
14 of fact, conclusions of law, and recommendations to the
15 Director of the Board. If the Director disagrees in any
16 regard with the findings of fact, conclusions of law, and
17 recommendations to the Director, he may issue an order in
18 contravention of the findings of fact, conclusions of law,
19 and recommendations to the Director.
20 If the Director issues an order in contravention of the
21 findings of fact, conclusions of law, and recommendations to
22 the Director of the Board, the Director shall notify the
23 Board in writing with an explanation for any deviation from
24 the Board's findings of fact, conclusions of law, and
25 recommendations to the Director within 30 days of the
26 Director's entry of the order. At the conclusion of the
27 hearing the hearing officer shall present to the Director a
28 written report of his findings of fact, conclusions of law
29 and recommendations. The report shall contain a finding
30 whether or not the accused person violated this Act or failed
31 to comply with the conditions required in this Act. The
32 hearing officer shall specify the nature of the violation or
33 failure to comply, and shall make his recommendations to the
34 Director.
-6- LRB9100640ACtmam04
1 The report of findings of fact, conclusions of law and
2 recommendations of the hearing officer shall be the basis for
3 the Department's order. If the Director disagrees in any
4 regard with the report of the hearing officer, the Director
5 may issue an order in contravention to the report. The
6 finding is not admissible in evidence against the person in a
7 criminal prosecution brought for the violation of this Act,
8 but the hearing and findings are not a bar to a criminal
9 prosecution brought for the violation of this Act.
10 (Source: P.A. 86-615.)
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, for or discipline 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. The
23 hearing officer has full authority to conduct the hearing.
24 The hearing officer shall report his findings of fact,
25 conclusions of law and recommendations to the Director. The
26 Director shall issue an order based on the report of the
27 hearing officer. If the Director disagrees in any regard
28 with the hearing officer's report, he may issue an order in
29 contravention 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.
-7- LRB9100640ACtmam04
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
-8- LRB9100640ACtmam04
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 8 7 persons, 6 of whom shall have been
6 issued certificates of registration as roofing contractors by
7 the Department, one of whom represents the Home Builders
8 Association of Illinois, and one of whom and one who is a
9 knowledgeable public member. The public member shall not be
10 licensed under this Act or any other Act the Department
11 administers. Each member shall be appointed by the Director.
12 Members shall be appointed who reasonably represent the
13 different geographic areas of the State.
14 The Director shall consider the advice and
15 recommendations of the Board. The Director shall notify the
16 Board in writing with an explanation of any deviation from
17 the Board's written recommendation or response. After review
18 of the Director's written explanation of the reasons for
19 deviation, the Board shall have the opportunity to comment
20 upon the Director's decision.
21 The persons appointed shall hold office for 4 years and
22 until a successor is appointed and qualified. The initial
23 terms shall begin July 1, 1997. Of the members of the Board
24 first appointed, 2 shall be appointed to serve for 2 years, 2
25 shall be appointed to serve for 3 years, and 3 shall be
26 appointed to serve for 4 years. No member shall serve more
27 than 2 complete 4 year terms.
28 Within 90 days of a vacancy occurring, the Director shall
29 fill the vacancy for the unexpired portion of the term with
30 an appointee who meets the same qualifications as the person
31 whose position has become vacant. The Board shall meet
32 annually to elect one member as chairman and one member as
33 vice-chairman. No officer shall be elected more than twice
-9- LRB9100640ACtmam04
1 in succession to the same office. The members of the Board
2 shall receive reimbursement for actual, necessary, and
3 authorized expenses incurred in attending the meetings of the
4 Board.
5 (Source: P.A. 89-594, eff. 8-1-96.)
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.".