Bill Text: IL HB0786 | 2009-2010 | 96th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Roofing Industry Licensing Act. Exempts an individual seeking to serve as the newly designated qualifying party of a licensee under the Act from the examination requirement if that individual has acted in the capacity of a roofing contractor for a period of at least 15 years for the licensee for which he or she seeks to be the qualifying party. Provides that if a general contractor who applies for a permit with a local unit of government and knowingly submits a roofing license number that is not that of the roofing contractor who will be the subcontractor for the project for which the general contractor has requested the permit, the general contractor shall be guilty of identity theft under the Criminal Code of 1961.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0663 [HB0786 Detail]

Download: Illinois-2009-HB0786-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0786 Introduced 2/9/2009, by Rep. Robert Rita SYNOPSIS AS INTRODUCED:
225 ILCS 335/4.5
225 ILCS 335/5 from Ch. 111, par. 7505
Amends the Illinois Roofing Industry Licensing Act. Exempts an individual seeking to serve as the newly designated qualifying party of a licensee under the Act from the examination requirement if that individual has acted in the capacity of a roofing contractor for a period of at least 15 years for the licensee for which he or she seeks to be the qualifying party. Provides that if a general contractor who applies for a permit with a local unit of government and knowingly submits a roofing license number that is not that of the roofing contractor who will be the subcontractor for the project for which the general contractor has requested the permit, the general contractor shall be guilty of identity theft under the Criminal Code of 1961.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Roofing Industry Licensing Act is
amended by changing Sections 4.5 and 5 as follows:
(225 ILCS 335/4.5)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4.5. Duties of qualifying party; replacement. While
engaged as or named as a qualifying party for a licensee, no
person may be the named qualifying party for any other
licensee. However, the person may act in the capacity of the
qualifying party for one additional licensee of the same type
of licensure if one of the following conditions exists:
(1) There is a common ownership of at least 25% of each
licensed entity for which the person acts as a qualifying
party.
(2) The same person acts as a qualifying party for one
licensed entity and its licensed subsidiary.
"Subsidiary" as used in this Section means a corporation of
which at least 25% is owned by another licensee.
In the event that a qualifying party is terminated or
terminating his or her status as qualifying party of a
licensee, the qualifying party and the licensee shall notify

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the Department of that fact in writing. Thereafter, the
licensee shall notify the Department of the name and address of
the newly designated qualifying party. The newly designated
qualifying party must take the examination prescribed in
Section 3.5 of this Act; however, a newly designated qualifying
party is exempt from the examination requirement if he or she
has acted in the capacity of a roofing contractor for a period
of at least 15 years for the licensee for which he or she seeks
to be the qualifying party. These requirements shall be met in
a timely manner as established by rule of the Department.
(Source: P.A. 91-950, eff. 2-9-01.)
(225 ILCS 335/5) (from Ch. 111, par. 7505)
(Section scheduled to be repealed on January 1, 2016)
Sec. 5. Display of license number; advertising.
(a) Each State licensed roofing contractor shall affix the
license number of his or her license to all of his or her
contracts and bids. In addition, the official issuing building
permits shall affix the roofing contractor license number to
each application for a building permit and on each building
permit issued and recorded.
(a-5) If a general contractor applies for a building permit
with a unit of local government and knowingly submits a roofing
license number that is not that of the roofing contractor who
will be the subcontractor for the project for which the general
contractor has requested the permit, the general contractor

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shall be guilty of identity theft under subsection (a) of
Section 16G-15 of the Criminal Code of 1961.
(b) In addition, every roofing contractor shall affix the
roofing contractor license number and the licensee's name, as
it appears on the license, on all commercial vehicles used as
part of his or her business as a roofing contractor.
(c) Every holder of a license shall display it in a
conspicuous place in his or her principal office, place of
business, or place of employment.
(d) No person licensed under this Act may advertise
services regulated by this Act unless that person includes in
the advertisement his or her license number. Nothing contained
in this subsection requires the publisher of advertising for
roofing contractor services to investigate or verify the
accuracy of the license number provided by the licensee.
(e) A person who advertises services regulated by this Act
who knowingly (i) fails to display the license number in any
manner required by this Section, (ii) fails to provide a
publisher with the correct license number as required by
subsection (d), or (iii) provides a publisher with a false
license number or a license number of another person, or a
person who knowingly allows his or her license number to be
displayed or used by another person to circumvent any
provisions of this Section, is guilty of a Class A misdemeanor
with a fine of $1,000, and, in addition, is subject to the
administrative enforcement provisions of this Act. Each day

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that an advertisement runs or each day that a person knowingly
allows his or her license to be displayed or used in violation
of this Section constitutes a separate offense.
(Source: P.A. 94-254, eff. 7-19-05.)