HB 3396

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Full Text of HB3396
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	HB3396 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3396
Introduced 2/18/2025, by Rep. Marcus C. Evans, Jr.
SYNOPSIS AS INTRODUCED:
See Index
Amends the Regulatory Sunset Act. Changes the repeal date of the Illinois Roofing Industry Licensing Act from January 1, 2026 to January 1, 2031. Amends the Illinois Roofing Industry Licensing Act. Makes changes in provisions concerning definitions. Adds provisions concerning an applicant's or licensee's address of record and email address of record. Makes changes in provisions concerning the application for a license; examinations; duties and responsibilities of a qualifying party; qualifying party termination; commercial vehicles; contracts; expiration and renewal; applicant convictions; licensure requirements; grounds for disciplinary action; subpoenas; final administrative decisions; criminal penalties; unlicensed practice; the Roofing Advisory Board; and the surrender of a license. Makes conforming and other changes. Effective immediately.
LRB104 10777 AAS 20857 b
A BILL FOR
		HB3396		LRB104 10777 AAS 20857 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.36 and adding Section 4.41 as follows:
6    (5 ILCS 80/4.36)
7    Sec. 4.36. Acts repealed on January 1, 2026. The following
8Acts are repealed on January 1, 2026:
9    The Barber, Cosmetology, Esthetics, Hair Braiding, and
10Nail Technology Act of 1985.
11    The Collection Agency Act.
12    The Hearing Instrument Consumer Protection Act.
13    The Illinois Athletic Trainers Practice Act.
14    The Illinois Dental Practice Act.
15    [The Illinois Roofing Industry Licensing Act.]
16    The Illinois Physical Therapy Act.
17    The Professional Geologist Licensing Act.
18    The Respiratory Care Practice Act.
19(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;
2099-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
2199-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
2212-31-15; 99-642, eff. 7-28-16.)
		HB3396	- 2 -	LRB104 10777 AAS 20857 b
1    (5 ILCS 80/4.41 new)
2    Sec. 4.41. Act repealed on January 1, 2031. The following 
3Act is repealed on January 1, 2031:
4    The Illinois Roofing Industry Licensing Act.
5    Section 10. The Illinois Roofing Industry Licensing Act is
6amended by changing Sections 1, 2, 2.1, 3, 3.5, 4.5, 5.1, 5.5,
76, 7.1, 9, 9.1, 9.4, 9.7, 9.8, 10a, 11, 11.5, and 11.8 and by
8adding Sections 2.05, 4.6, and 11.5a as follows:
9    (225 ILCS 335/1)  (from Ch. 111, par. 7501)
10    (Section scheduled to be repealed on January 1, 2026)
11    Sec. 1. Legislative purpose. It is hereby declared to be
12the public policy of this State that, in order to safeguard the
13life, health, property, and public welfare of its citizens,
14the business of roofing construction, reconstruction,
15alteration, maintenance and repair is a matter affecting the
16public interest, and any person desiring to obtain a license
17to engage in the business as herein defined shall be required
18to establish the person's [his or her] qualifications to be
19licensed as herein provided.
20(Source: P.A. 90-55, eff. 1-1-98.)
21    (225 ILCS 335/2)  (from Ch. 111, par. 7502)
22    (Section scheduled to be repealed on January 1, 2026)
23    Sec. 2. Definitions. As used in this Act, unless the
		HB3396	- 3 -	LRB104 10777 AAS 20857 b
1context otherwise requires:
2    (a) "Licensure" means the act of obtaining or holding a
3license issued by the Department as provided in this Act.
4    (b) "Department" means the Department of Financial and
5Professional Regulation.
6    (c) "Secretary" means the Secretary of Financial and
7Professional Regulation or his or her designee.
8    (d) "Person" means any individual, partnership,
9corporation, business trust, professional limited liability 
10company, limited liability company, or other legal entity.
11    (e) "Roofing contractor" is one who has the experience,
12knowledge, and skill to construct, reconstruct, alter,
13maintain, and repair roofs and use materials and items used in
14the construction, reconstruction, alteration, maintenance, and
15repair of all kinds of roofing and waterproofing as related to
16roofing over an occupiable space, all in such manner to comply
17with all plans, specifications, codes, laws, and regulations
18applicable thereto, but does not include such contractor's
19employees to the extent the requirements of Section 3 of this
20Act apply and extend to such employees. "Roofing contractor" 
21includes a corporation, professional limited liability 
22company, limited liability company, limited partnership, 
23partnership, business trust, or sole proprietorship.
24    (f) "Board" means the Roofing Advisory Board.
25    (g) "Qualifying party" means the individual designated by 
26a roofing contracting business who is filing for licensure as
		HB3396	- 4 -	LRB104 10777 AAS 20857 b
1a sole proprietor, partner of a partnership, officer of a
2corporation, trustee of a business trust, or manager of a 
3professional limited liability company or limited liability 
4company. [party of another legal entity,]
5    "Qualifying party" means a person who, prior to and upon 
6the roofing contractor's licensure, [who] is legally qualified
7to act for the business organization in all matters connected
8with its roofing contracting business, has the authority to
9supervise roofing installation operations, and is actively
10engaged in day to day activities of the business organization.
11    "Qualifying party" does not apply to a seller of roofing
12services [materials] or roofing materials [services] when the
13construction, reconstruction, alteration, maintenance, or
14repair of roofing or waterproofing is to be performed by a
15person other than the seller or the seller's employees.
16    (h) "Limited roofing license" means a license made
17available to contractors whose roofing business is limited to
18roofing residential properties consisting of 8 units or less.
19    (i) "Unlimited roofing license" means a license made
20available to contractors whose roofing business is unlimited
21in nature and includes roofing on residential, commercial, and
22industrial properties.
23    (j) "Seller of roofing [services or] materials" means a
24business entity primarily engaged in the sale of tangible
25personal property at retail.
26    (k) "Building permit" means a permit issued by a unit of
		HB3396	- 5 -	LRB104 10777 AAS 20857 b
1local government for work performed within the local
2government's jurisdiction that requires a license under this
3Act.
4    (l) "Address of record" means the designated street
5address recorded by the Department in the applicant's or
6licensee's application file or license file as maintained by
7the Department's licensure maintenance unit. [It is the duty of ]
8[the applicant or licensee to inform the Department of any ]
9[change of address, and those changes must be made either ]
10[through the Department's website or by contacting the ]
11[Department.]
12    (m) "Email address of record" means the designated email 
13address recorded by the Department in the applicant's 
14application file or the licensee's license file as maintained 
15by the Department's licensure maintenance unit.
16    (n) "Roof repair" means reconstruction or renewal of any
17portion of an existing roof for the purpose of correcting 
18damage or restoring the roof to pre-damage condition, [part of ]
19[an existing roof for the purpose of its maintenance] but
20excludes circumstances when a torch technique is used by a 
21licensed roofing contractor. "Roof repair" includes the use 
22of:
23        (1) new material that is compatible with existing 
24    materials that are to remain in a specific roof section; 
25    and
26        (2) new material that is at least as fire resistive as 
		HB3396	- 6 -	LRB104 10777 AAS 20857 b
1    the material being replaced.
2    (o) "Roofing work" or "Professional roofing services" 
3means the construction, reconstruction, alteration, and 
4maintenance of a roof on residential, commercial, or 
5industrial property and the use of materials and items in the 
6construction, reconstruction, alternation, and maintenance of 
7roofing and waterproofing of roofs, all in a manner that 
8complies with plans, specifications, codes, laws, rules, 
9regulations, and current roofing industry standards for 
10workmanlike performance applicable to the construction, 
11reconstruction, alteration, and maintenance of roofs on such 
12properties.
13    (p) "Seller of roofing services" means a business or 
14governmental entity that subcontracts professional roofing 
15services to a licensed roofing contractor that serves as the 
16subcontractor for a roofing project. "Seller of roofing 
17services" includes a general contractor, real estate 
18developer, or builder.
19    (q) "General contractor", "real estate developer", or 
20"builder" means the person responsible for overseeing a 
21building or construction project that includes a roof system.
22    (r) "Public member" means a consumer who is not a 
23qualifying party or employee of a licensed roofing contractor. 
24For purposes of board membership, the public member shall have 
25no connection or financial interest in the roofing or general 
26contracting industries.
		HB3396	- 7 -	LRB104 10777 AAS 20857 b
1    (s) "Subcontractor" means any person that is a licensed 
2roofing contractor that has a direct contract with a seller of 
3roofing services or a governmental entity to perform a portion 
4of roofing work under a building or construction contract for 
5a project that includes a roof system.
6    (t) "Roof system" means the components of a roof that 
7include, but are not limited to, covering, framing, 
8insulation, sheathing, ventilation, sealing, waterproofing, 
9weatherproofing, related architectural sheet metal work, and 
10roof coatings.
11    (u) "Roof section" means a separation or division of a 
12roof area by existing expansion joints, parapet walls, 
13flashing (excluding valley), difference of elevation 
14(excluding hips and ridges), roof type, or legal description. 
15"Roof section" does not include the roof area required for a 
16proper tie-off with an existing system.
17    (v) "Roof recover" means installing an additional roof 
18covering over a prepared existing roof covering without 
19removing the existing roof covering. "Roof recover" does not 
20include the following situations:
21        (1) if the existing roof covering is water soaked or 
22    has deteriorated to the point that the existing roof or 
23    roof covering is not adequate as a base for additional 
24    roofing;
25        (2) if the existing roof covering is slate or tile; or
26        (3) if the existing roof has 2 or more applications of 
		HB3396	- 8 -	LRB104 10777 AAS 20857 b
1    roof covering unless the Department has received and 
2    accepted a structural condition report, prepared by an 
3    Illinois licensed architect or structural engineer, 
4    confirming that the existing structure can support an 
5    additional layer of roof covering.
6    (w) "Roof replacement" means removing the existing roof 
7covering, repairing any damaged substrate, and installing a 
8new roof covering. The new roof shall be installed in 
9accordance with the applicable provisions of the Illinois 
10Energy Conservation Code.
11(Source: P.A. 99-469, eff. 8-26-15; 100-545, eff. 11-8-17.)
12    (225 ILCS 335/2.05 new)
13    Sec. 2.05. Address of record; email address of record. All 
14applicants and licensees shall:
15        (1) provide a valid address and email address to the 
16    Department, which shall serve as the address of record and 
17    email address of record, respectively, at the time of 
18    application for licensure or renewal of a license; and
19        (2) inform the Department of any change of address of 
20    record or email address of record within 14 days after the 
21    change, either through the Department's website or by 
22    contacting the Department's licensure maintenance unit.
23    (225 ILCS 335/2.1)  (from Ch. 111, par. 7502.1)
24    (Section scheduled to be repealed on January 1, 2026)
		HB3396	- 9 -	LRB104 10777 AAS 20857 b
1    Sec. 2.1. Administration of Act; rules and forms.
2    (a) The Department shall exercise the powers and duties
3prescribed by the Civil Administrative Code of Illinois for
4the administration of licensing Acts and shall exercise such
5other powers and duties necessary for effectuating the
6purposes of this Act.
7    (b) The Secretary may adopt rules consistent with the
8provisions of this Act for the administration and enforcement
9of this Act and for the payment of fees connected with this Act
10and may prescribe forms that shall be issued in connection
11with this Act. The rules may include, but not be limited to,
12the standards and criteria for licensure and professional
13conduct and discipline and the standards and criteria used
14when determining fitness to practice. The Department may
15consult with the Board in adopting rules.
16    (c) The Department may, at any time, seek the advice and
17the expert knowledge of the Board and any member of the Board
18on any matter relating to the administration of this Act.
19    (d) (Blank).
20(Source: P.A. 99-469, eff. 8-26-15.)
21    (225 ILCS 335/3)  (from Ch. 111, par. 7503)
22    (Section scheduled to be repealed on January 1, 2026)
23    Sec. 3. Application for roofing contractor license.
24    (1) To obtain a license, an applicant must indicate if the
25license is sought for a sole proprietorship, partnership,
		HB3396	- 10 -	LRB104 10777 AAS 20857 b
1corporation, professional limited liability company, limited 
2liability company, business trust, or other legal entity and
3whether the application is for a limited or unlimited roofing
4license. If the license is sought for a sole proprietorship,
5the license shall be issued to the sole proprietor who shall
6also be designated as the qualifying party. If the license is
7sought for a partnership, corporation, professional limited 
8liability company, limited liability company, business trust,
9or other legal entity, the license shall be issued in the
10company name. At the time of application for licensure under 
11the Act, a [A] company shall [must] designate one individual who
12will serve as a qualifying party. The qualifying party is the
13individual who must take the examination required under
14Section 3.5 on behalf of the company, and actively participate 
15in the day to day operations of the company's business 
16following the issuance of licensure. The company shall submit
17an application in writing to the Department on a form
18containing the information prescribed by the Department and
19accompanied by the fee fixed by the Department. The
20application shall include, but shall not be limited to:
21        (a) the name and address of the individual [person]
22    designated as the qualifying party responsible for the
23    practice of professional roofing in Illinois;
24        (b) the name of the sole proprietorship and its sole
25    proprietor, the name of the partnership and its partners,
26    the name of the corporation and its officers,
		HB3396	- 11 -	LRB104 10777 AAS 20857 b
1    shareholders, and directors, the name of the business
2    trust and its trustees, or the name of such other legal
3    entity and its members and managers;
4        (c) evidence of compliance with any statutory
5    requirements pertaining to such legal entity, including
6    compliance with the Assumed Business Name Act; and
7        (d) a signed irrevocable uniform consent to service of
8    process form provided by the Department.
9    (1.5) (Blank).
10    (2) An applicant for a roofing contractor license must
11submit satisfactory evidence that:
12        (a) the applicant [he or she] has obtained public
13    liability and property damage insurance in such amounts
14    and under such circumstances as may be determined by the
15    Department;
16        (b) the applicant [he or she] has obtained Workers'
17    Compensation insurance for roofing covering the 
18    applicant's [his or her] employees or is approved as a
19    self-insurer of Workers' Compensation in accordance with
20    Illinois law;
21        (c) the applicant [he or she] has an unemployment
22    insurance employer account number issued by the Department
23    of Employment Security, and the applicant [he or she] is not
24    delinquent in the payment of any amount due under the
25    Unemployment Insurance Act;
26        (d) the applicant [he or she] has submitted a continuous
		HB3396	- 12 -	LRB104 10777 AAS 20857 b
1    bond to the Department in the amount of $10,000 for a
2    limited license and in the amount of $25,000 for an
3    unlimited license; and
4        (e) the [a] qualifying party has satisfactorily
5    completed the examination required under Section 3.5.
6    (3) It is the ongoing responsibility of the licensee to
7provide to the Department notice in writing of any and all
8changes in the information required to be provided on the
9application, including, but not limited to, a change in the 
10licensee's assumed name, if applicable.
11    (3.5) The qualifying party shall be a full-time employee 
12who receives compensation from and is under the supervision 
13and control of the licensed roofing contractor business 
14employer that regularly deducts the payroll tax under the 
15Federal Insurance Contributions Act, deducts withholding tax, 
16and provides workers' compensation as prescribed by law. The 
17qualifying party shall not receive a Form 1099 from the 
18licensed roofing contractor business.
19    (4) (Blank).
20    (5) Nothing in this Section shall apply to a seller of
21roofing services [materials] or roofing materials [services] when
22the construction, reconstruction, alteration, maintenance, or
23repair of roofing or waterproofing is to be performed by a
24subcontractor or a person other than the seller or the
25seller's employees.
26    (6) Applicants have 3 years from the date of application
		HB3396	- 13 -	LRB104 10777 AAS 20857 b
1to complete the application process. If the application has
2not been completed within 3 years, the application shall be
3denied, the fee shall be forfeited and the applicant must
4reapply and meet the requirements in effect at the time of
5reapplication.
6(Source: P.A. 98-838, eff. 1-1-15; 99-469, eff. 8-26-15.)
7    (225 ILCS 335/3.5)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 3.5. Examinations.
10    (a) The Department shall authorize examinations for
11applicants for initial licensure at the time and place it may
12designate. The examinations shall be of a character to fairly
13test the competence and qualifications of applicants to act as
14roofing contractors. Each applicant for limited licenses shall
15designate a qualifying party who shall take an examination,
16the technical portion of which shall cover current residential
17roofing practices. Each applicant for an unlimited license
18shall designate a qualifying party who shall take an
19examination, the technical portion of which shall cover
20current residential, commercial, and industrial roofing
21practices. Both examinations shall cover Illinois
22jurisprudence as it relates to roofing practice.
23    (b) An applicant for a limited license or an unlimited
24license or a qualifying party designated by an applicant for a
25limited license or unlimited license shall pay, either to the
		HB3396	- 14 -	LRB104 10777 AAS 20857 b
1Department or the designated testing service, a fee
2established by the Department to cover the cost of providing
3the examination. Failure to appear for the examination on the
4scheduled date at the time and place specified, after the
5applicant's application for examination has been received and
6acknowledged by the Department or the designated testing
7service, shall result in forfeiture of the examination fee.
8    (c) The qualifying party for an applicant for a new
9license must have passed an examination authorized by the
10Department before the Department may issue a license.
11    (d) The application for a license as a corporation,
12business trust, or other legal entity submitted by a sole
13proprietor who is currently licensed under this Act and exempt
14from the examination requirement of this Section shall not be
15considered an application for initial licensure for the
16purposes of this subsection (d) if the sole proprietor is
17named in the application as the qualifying party and is the
18sole owner of the legal entity. Upon issuance of a license to
19the new legal entity, the sole proprietorship license is
20terminated.
21    The application for initial licensure as a partnership,
22corporation, professional limited liability company, limited 
23liability company, business trust, or other legal entity
24submitted by a currently licensed partnership, corporation,
25professional limited liability company, limited liability 
26company, business trust, or other legal entity shall not be
		HB3396	- 15 -	LRB104 10777 AAS 20857 b
1considered an application for initial licensure for the
2purposes of this subsection (d) if the entity's current
3qualifying party is exempt from the examination requirement of
4this Section, that qualifying party is named as the new legal
5entity's qualifying party, and the majority of ownership in
6the new legal entity remains the same as the currently
7licensed entity. Upon issuance of a license to the new legal
8entity under this subsection (d), the former license issued to
9the applicant is terminated.
10    (e) A roofing contractor applicant and a qualifying party
11[An] applicant have [has] 3 years after the date of application to
12complete the application process. If the process has not been
13completed within 3 years, the application shall be denied, the
14fee shall be forfeited, and the applicant must reapply and
15meet the requirements in effect at the time of reapplication.
16(Source: P.A. 99-469, eff. 8-26-15.)
17    (225 ILCS 335/4.5)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 4.5. Duties and responsibilities of qualifying party;
20replacement; grounds for discipline.
21    (a) While named as and engaged as [or named as] a qualifying
22party for a roofing contractor licensee, no person may be the
23named qualifying party for any other licensee. However, the
24person may act in the capacity of the qualifying party for one
25additional roofing contractor licensee of the same type of
		HB3396	- 16 -	LRB104 10777 AAS 20857 b
1licensure only if one of the following conditions exists:
2        (1) the person has [there is] a common ownership or 
3    management interest of at least 25% of each licensed
4    entity for which the person acts as a qualifying party; or
5        (2) the same person acts as a qualifying party for one
6    licensed entity and its licensed subsidiary.
7    "Subsidiary" as used in this Section means a corporation , 
8professional limited liability company, or limited liability 
9company of which at least 25% is owned or managed by another
10roofing contractor licensee.
11    (b) At all times a licensed roofing contractor shall have 
12one corresponding qualifying party actively engaged in the day 
13to day activities of the roofing contractor's business, except 
14for a change in qualifying party as set forth in Section 4.6 
15and the rules adopted under this Act [Upon the loss of a ]
16[qualifying party who is not replaced, the qualifying party or ]
17[the licensee, or both, shall notify the Department of the name ]
18[and address of the newly designated qualifying party. The ]
19[newly designated qualifying party must take and pass the ]
20[examination prescribed in Section 3.5 of this Act. These ]
21[requirements shall be met in a timely manner as established by ]
22[rule of the Department].
23    (c) A qualifying party that is accepted by the Department
24shall be issued an appropriate credential and shall have and 
25exercise the authority to act for the licensed entity in all
26matters connected with its roofing contracting business and to
		HB3396	- 17 -	LRB104 10777 AAS 20857 b
1supervise roofing installation operations. This authority
2shall not be deemed to be a license for purposes of this Act.
3Upon acceptance, the qualifying party shall act on behalf of 
4the licensed roofing contractor entity only, except as 
5provided for in subsection (a).
6    (d) Designation of a qualifying party by an applicant
7under this Section and Section 3 is subject to acceptance by
8the Department. The Department may refuse to accept a
9qualifying party (i) for failure to qualify as required under
10this Act and the rules adopted under this Act or (ii) after
11making a determination that the designated qualifying party
12has a history of acting illegally, fraudulently,
13incompetently, or with gross negligence in the roofing or
14construction business.
15    The qualifying party who has been accepted by the 
16Department shall maintain the qualifying party's duties and 
17responsibilities to the licensed roofing contractor as 
18follows:
19        (1) The qualifying party may have a common ownership 
20    or management interest in the licensed roofing contractor 
21    entity, and, on behalf of the licensed entity, may serve 
22    as an estimator, salesperson, project manager, 
23    superintendent, or in a similar capacity as defined by 
24    rule;
25        (2) The qualifying party may delegate the qualifying 
26    party's supervising authority over the persons performing 
		HB3396	- 18 -	LRB104 10777 AAS 20857 b
1    the onsite roofing work only to another employee of the 
2    licensed roofing contractor;
3        (3) While engaged as a qualifying party for a licensed 
4    roofing contractor, the qualifying party shall not accept 
5    other employment that would conflict with the individual's 
6    duties as qualifying party or conflict with the 
7    individual's ability to adequately supervise the work 
8    performed by the licensed roofing contractor;
9        (4) The qualifying party shall not act on behalf of an 
10    unlicensed entity or a subcontractor that is not the 
11    qualifying party's licensee;
12        (5) The qualifying party shall not use the qualifying 
13    party's credential for the benefit of an unlicensed person 
14    or a roofing contractor that has not designated the 
15    individual to qualify as a contractor for licensure in 
16    accordance with this Act, unless the licensed roofing 
17    contractor affiliated with the qualifying party is a 
18    subcontractor or seller of roofing services pursuant to a 
19    bonafide contract for roofing contracting services.
20    (e) The Department may, at any time after giving
21appropriate notice and the opportunity for a hearing, suspend
22or revoke its acceptance of a qualifying party designated by a
23roofing contractor licensee and impose other discipline, 
24including, but not limited to, fines not to exceed $15,000 per 
25violation for any act or failure to act that gives rise to any
26ground for disciplinary action against that roofing contractor
		HB3396	- 19 -	LRB104 10777 AAS 20857 b
1licensee under this Act and the rules adopted under this Act.
2If the Department suspends or revokes its acceptance of a
3qualifying party, the license of the roofing contractor
4licensee shall be deemed to be suspended until a new
5qualifying party has been designated by the roofing contractor
6licensee and accepted by the Department.
7    If acceptance of a qualifying party is suspended or
8revoked for action or inaction that constitutes a violation of
9this Act or the rules adopted under this Act, the Department
10may in addition take such other disciplinary or
11non-disciplinary action as it may deem proper against the 
12licensee or qualifying party, including imposing a fine on the
13qualifying party, not to exceed $15,000 [$10,000] for each
14violation.
15    All administrative decisions of the Department under this
16subsection (e) are subject to judicial review pursuant to
17Section 9.7 of this Act. An order taking action against a
18qualifying party shall be deemed a final administrative
19decision of the Department for purposes of Section 9.7 of this
20Act.
21(Source: P.A. 99-469, eff. 8-26-15.)
22    (225 ILCS 335/4.6 new)
23    Sec. 4.6. Qualifying party termination; succession; 
24inoperative status.
25    (a) The licensed roofing contractor shall provide 
		HB3396	- 20 -	LRB104 10777 AAS 20857 b
1information as requested by the Department, which shall 
2include, but not be limited to, the name and contact 
3information of the qualifying party.
4    (b) A qualifying party shall at all times maintain a 
5valid, active credential only on behalf of the qualifying 
6party's corresponding licensed roofing contractor.
7    (c) In the event a qualifying party is terminated or has 
8his or her status as the qualifying party of the licensed 
9roofing contractor terminated, both the licensee and the 
10qualifying party shall notify the Department of this 
11disassociation in writing, by regular mail or email, within 30 
12business days after the date of disassociation. If such notice 
13is not given in a timely manner, the license will be placed on 
14inoperative status;
15    (d) Upon the termination, loss, or disassociation of the 
16qualifying party, the licensed roofing contractor, if it has 
17so informed the Department of the disassociation, shall notify 
18the Department of the name and address of the newly designated 
19qualifying party within 60 days after the date the licensee 
20notifies the Department of the date of disassociation. If such 
21notice is not given in a timely manner, the license will be 
22placed on inoperative status;
23    (e) The Department shall determine the newly designated 
24qualifying party's fitness to have the roofing contracting 
25license requalified, including, but not limited to, the 
26application qualifications to sit for the examination.
		HB3396	- 21 -	LRB104 10777 AAS 20857 b
1    (f) Upon approval by the Department, the newly designated 
2qualifying party must take and pass the examination prescribed 
3in Section 3.5 of this Act to requalify the roofing 
4contracting license.
5    (g) If a licensed roofing contractor fails to requalify 
6through the newly designated qualifying party within the time 
7prescribed by the Department by rule, the license is 
8automatically placed in inoperative status at the end of the 
9time period until the licensee requalifies through another 
10newly designated qualifying party. The requirements in this 
11Section shall be met in a timely manner as established by rule 
12of the Department.
13    (h) The license of any roofing contractor whose 
14association with a qualifying party has terminated shall 
15automatically become inoperative immediately upon such 
16termination. An inoperative licensee under this Act shall not 
17perform any roofing contracting services while the license is 
18in inoperative status, unless the licensee meets all of the 
19criteria outlined in this Section.
20    (225 ILCS 335/5.1)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 5.1. Commercial vehicles. Any entity offering
23services regulated by the Roofing Industry Licensing Act shall
24affix the roofing contractor license number and the licensee's
25name, as it appears on the license, on all commercial vehicles
		HB3396	- 22 -	LRB104 10777 AAS 20857 b
1used in offering such services. An entity in violation of this
2Section shall be subject to a civil penalty of no less than
3$250 and no more than $1,000 [civil penalty]. This Section may be
4enforced by the Department, the Attorney General, or local
5code enforcement officials employed by units of local
6government as it relates to roofing work being performed
7within the boundaries of their jurisdiction. For purposes of
8this Section, "code enforcement official" means an officer or
9other designated authority charged with the administration,
10interpretation, and enforcement of codes on behalf of a
11municipality or county. If the alleged violation has been
12corrected prior to or on the date of the hearing scheduled to
13adjudicate the alleged violation, the violation shall be
14dismissed.
15(Source: P.A. 99-469, eff. 8-26-15.)
16    (225 ILCS 335/5.5)
17    (Section scheduled to be repealed on January 1, 2026)
18    Sec. 5.5. Contracts.
19    (a) A licensed roofing contractor, when signing a contract
20for professional roofing services, must include in the 
21contract [provide] a [land-based] phone number, [and] a street
22address other than a post office box, and an email address at
23which the roofing contractor may be contacted.
24    (b) Prior to engaging in any roofing work, a roofing 
25contractor shall provide a written contract to the property 
		HB3396	- 23 -	LRB104 10777 AAS 20857 b
1owner, signed by both the roofing contractor or the roofing 
2contractor's designee and the property owner, stating at least 
3the following terms:
4        (1) the scope of roofing services and materials to be 
5    provided;
6        (2) the approximate dates of service;
7        (3) for roof repair, the approximate costs of the 
8    services based on damages known at the time the contract 
9    is entered;
10        (4) the licensed roofing contractor's contact 
11    information, including a street address other than a post 
12    office box, email address, phone number, and any other 
13    contact information available for the roofing contractor;
14        (5) identification of the roofing contractor's surety 
15    and liability coverage insurer and the insurer's contact 
16    information, if applicable;
17        (6) the roofing contractor's policy regarding 
18    cancellation of the contract and refund of any deposit, 
19    including a rescission clause allowing the property owner 
20    to rescind the contract and obtain a full refund of any 
21    deposit within 72 hours after entering the contract and a 
22    written statement that the property owner may rescind a 
23    roofing contract; and
24        (7) a written statement that if the property owner 
25    plans to use the proceeds of a property and casualty 
26    insurance policy issued to pay for the roofing work, the 
		HB3396	- 24 -	LRB104 10777 AAS 20857 b
1    roofing contractor cannot pay, waive, rebate, or promise 
2    to pay, waive, or rebate all or part of any insurance 
3    deductible applicable to the insurance claim for payment 
4    for roofing work on the covered property.
5    (c) In addition to the contract terms required in 
6subsection (b) of this Section, a licensed roofing contractor 
7shall include, on the face of the contract, in bold-faced 
8type, a statement indicating that the roofing contractor shall 
9hold in trust any payment from the property owner until the 
10roofing contractor has delivered roofing materials at the 
11property site or has performed a majority of the roofing work 
12on the property.
13    (d) The roofing contractor for a roofing project shall 
14keep a fully executed copy of the contract for professional 
15roofing services available for inspection by the Department.
16    (e) In awarding a contract for professional roofing 
17services, if the property owner is the State or any 
18municipality, city, county, incorporated area, or school 
19district, the property owner shall conduct a bonafide bidding 
20process in which all of the bids are submitted by roofing 
21contractors holding verified active licenses issued by the 
22Department.
23(Source: P.A. 99-469, eff. 8-26-15.)
24    (225 ILCS 335/6)  (from Ch. 111, par. 7506)
25    (Section scheduled to be repealed on January 1, 2026)
		HB3396	- 25 -	LRB104 10777 AAS 20857 b
1    Sec. 6. Expiration and renewal; inactive status;
2restoration.
3    (a) The expiration date and renewal period for each
4certificate of registration issued under this Act shall be set
5by the Department by rule.
6    (b) A licensee who has permitted the licensee's license
7[his or her] license to expire or whose license is on inactive
8status may have the [his or her] license restored by making
9application to the Department in the form and manner
10prescribed by the Department.
11    (c) A licensee who notifies the Department in writing on
12forms prescribed by the Department may elect to place the [his ]
13[or her] license on inactive status and shall, subject to rules
14of the Department, be excused from payment of renewal fees
15until the licensee [he or she] notifies the Department in
16writing of the licensee's [his or her] desire to resume active
17status.
18    (d) A licensee whose license expired while the licensee's 
19qualifying party [he or she] was (1) on active duty with the
20Armed Forces of the United States or the State Militia called
21into service or training or (2) in training or education under
22the supervision of the United States preliminary to induction
23into the military service, may have the [his or her] license
24renewed or restored without paying any lapsed renewal fees if,
25within 2 years after termination of such service, training, or
26education, except under conditions other than honorable, the 
		HB3396	- 26 -	LRB104 10777 AAS 20857 b
1qualifying party [he or she] furnishes the Department with
2satisfactory evidence to the effect that the qualifying party
3[he or she] has been so engaged and that the qualifying party's
4[his or her] service, training, or education has been so
5terminated.
6    (e) A roofing contractor whose license is expired or on
7inactive status shall not practice under this Act in the State
8of Illinois.
9(Source: P.A. 99-469, eff. 8-26-15.)
10    (225 ILCS 335/7.1)
11    Sec. 7.1. Applicant convictions.
12    (a) When reviewing a conviction by plea of guilty or nolo
13contendere, finding of guilt, jury verdict, or entry of
14judgment or by sentencing of an initial applicant, the
15Department may only deny a license or refuse to accept a 
16designated qualifying party based upon consideration of
17mitigating factors provided in subsection (c) of this Section
18for a felony directly related to the practice of roofing
19contracting.
20    (b) The following crimes or similar offenses in any other
21jurisdiction are hereby deemed directly related to the
22practice of roofing contracting:
23        (1) first degree murder;
24        (2) second degree murder;
25        (3) drug induced homicide;
		HB3396	- 27 -	LRB104 10777 AAS 20857 b
1        (4) unlawful restraint;
2        (5) aggravated unlawful restraint;
3        (6) forcible detention;
4        (7) involuntary servitude;
5        (8) involuntary sexual servitude of a minor;
6        (9) predatory criminal sexual assault of a child;
7        (10) aggravated criminal sexual assault;
8        (11) criminal sexual assault;
9        (12) criminal sexual abuse;
10        (13) aggravated kidnaping;
11        (14) aggravated robbery;
12        (15) armed robbery;
13        (16) kidnapping;
14        (17) aggravated battery;
15        (18) aggravated vehicular hijacking;
16        (19) home invasion;
17        (20) terrorism;
18        (21) causing a catastrophe;
19        (22) possession of a deadly substance;
20        (23) making a terrorist threat;
21        (24) material support for terrorism;
22        (25) hindering prosecution of terrorism;
23        (26) armed violence;
24        (27) any felony based on consumer fraud or deceptive
25    business practices under the Consumer Fraud and Deceptive
26    Business Practices Act;
		HB3396	- 28 -	LRB104 10777 AAS 20857 b
1        (28) any felony requiring registration as a sex
2    offender under the Sex Offender Registration Act;
3        (29) attempt of any the offenses set forth in
4    paragraphs (1) through (28) of this subsection (b); and
5        (30) convictions set forth in subsection (e) of
6    Section 5 or Section 9.8 of this Act.
7    (c) The Department shall consider any mitigating factors
8contained in the record, when determining the appropriate
9disciplinary sanction, if any, to be imposed. In addition to
10those set forth in Section 2105-130 of the Department of
11Professional Regulation Law of the Civil Administrative Code
12of Illinois, mitigating factors shall include the following:
13        (1) the bearing, if any, the criminal offense or
14    offenses for which the person was previously convicted
15    will have on the person's [his or her] fitness or ability to
16    perform one or more such duties and responsibilities;
17        (2) the time that has elapsed since the criminal
18    conviction; and
19        (3) the age of the person at the time of the criminal
20    conviction.
21    (d) The Department shall issue an annual report by January
2231, 2027 [2018] and by January 31 each year thereafter,
23indicating the following:
24        (1) the number of initial applicants for a license
25    under this Act within the preceding calendar year;
26        (2) the number of initial applicants for a license
		HB3396	- 29 -	LRB104 10777 AAS 20857 b
1    under this Act within the previous calendar year who had a
2    conviction;
3        (3) the number of applicants with a conviction who
4    were granted a license under this Act within the previous
5    year;
6        (4) the number of applicants denied a license under
7    this Act within the preceding calendar year; and
8        (5) the number of applicants denied a license under
9    this Act solely on the basis of a conviction within the
10    preceding calendar year.
11    (e) Nothing in this Section shall prevent the Department
12taking disciplinary or non-disciplinary action against a
13license as set forth in Section 9.1 of this Act.
14(Source: P.A. 99-876, eff. 1-1-17.)
15    (225 ILCS 335/9)  (from Ch. 111, par. 7509)
16    (Section scheduled to be repealed on January 1, 2026)
17    Sec. 9. Licensure requirement.
18    (1) It is unlawful for any person to engage in the business
19of providing professional roofing services or act in the
20capacity of or hold himself, herself, or itself out in any
21manner as a roofing contractor or a qualifying party without
22having been duly licensed or accepted by the Department under
23the provisions of this Act.
24    (2) No work involving the construction, reconstruction,
25alteration, maintenance, or repair of any kind of roofing or
		HB3396	- 30 -	LRB104 10777 AAS 20857 b
1waterproofing may be done except by a roofing contractor or a 
2qualifying party licensed or credentialed under this Act.
3    (3) Sellers of roofing services may subcontract the
4provision of those roofing services only to roofing
5contractors licensed under this Act. Subcontractors that are 
6licensed roofing contractors shall have at all times updated 
7assumed business names disclosed to the Department, if 
8applicable.
9    (4) All persons performing roofing services under this Act
10shall be licensed as roofing contractors, except for
11qualifying parties and those persons who are deemed to be
12employees under Section 10 of the Employee Classification Act
13of a licensed roofing contractor.
14(Source: P.A. 98-838, eff. 1-1-15; 99-469, eff. 8-26-15.)
15    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
16    (Section scheduled to be repealed on January 1, 2026)
17    Sec. 9.1. Grounds for disciplinary action.
18    (1) The Department may refuse to issue, to accept, or to
19renew, or may revoke, suspend, place on probation, reprimand
20or take other disciplinary or non-disciplinary action as the
21Department may deem proper, including fines not to exceed
22$15,000 [$10,000] for each violation, with regard to any license
23or credential for any one or combination of the following:
24        (a) violation of this Act or its rules;
25        (b) for licensees, conviction or plea of guilty or
		HB3396	- 31 -	LRB104 10777 AAS 20857 b
1    nolo contendere, finding of guilt, jury verdict, or entry
2    of judgment or sentencing of any crime, including, but not
3    limited to, convictions, preceding sentences of
4    supervision, conditional discharge, or first offender
5    probation, under the laws of any jurisdiction of the
6    United States that is (i) a felony or (ii) a misdemeanor,
7    an essential element of which is dishonesty or that is
8    directly related to the practice of the profession and,
9    for initial applicants, convictions set forth in Section
10    7.1 of this Act;
11        (c) fraud or any misrepresentation in applying for or
12    procuring a license under this Act, or in connection with
13    applying for renewal of a license under this Act;
14        (d) professional incompetence or gross negligence in
15    the practice of roofing contracting, prima facie evidence
16    of which may be a conviction or judgment in any court of
17    competent jurisdiction against an applicant or licensee
18    and that relates [relating] to the practice of roofing
19    contracting or the construction of a roof or repair
20    thereof that results in leakage within 90 days after the
21    completion of such work;
22        (e) (blank);
23        (f) aiding or assisting another person in violating
24    any provision of this Act or its rules;
25        (g) failing, within 60 days, to provide information in
26    response to a written request made by the Department;
		HB3396	- 32 -	LRB104 10777 AAS 20857 b
1        (h) engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud, or harm the public;
4        (i) habitual or excessive use or abuse of controlled
5    substances, as defined by the Illinois Controlled
6    Substances Act, alcohol, or any other substance that
7    results in the inability to practice with reasonable
8    judgment, skill, or safety;
9        (j) discipline by another state, unit of government,
10    or government agency, the District of Columbia, a
11    territory, or a foreign country [nation], if at least one of
12    the grounds for the discipline is the same or
13    substantially equivalent to those set forth in this
14    Section. This includes any adverse action taken by a State 
15    or federal agency that prohibits a roofing contractor or 
16    qualifying party from providing services to the agency's 
17    participants;
18        (k) directly or indirectly giving to or receiving from
19    any person, firm, corporation, partnership, or association
20    any fee, commission, rebate, or other form of compensation
21    for any professional services not actually or personally
22    rendered;
23        (l) a finding by the Department that any [the] licensee
24    or individual with a qualifying party credential under 
25    this Act, after having the individual's [his or her] license
26    or credential disciplined, has violated the terms of the
		HB3396	- 33 -	LRB104 10777 AAS 20857 b
1    discipline;
2        (m) a finding by any court of competent jurisdiction,
3    either within or without this State, of any violation of
4    any law governing the practice of roofing contracting, if
5    the Department determines, after investigation, that such
6    person has not been sufficiently rehabilitated to warrant
7    the public trust;
8        (n) willfully making or filing false records or
9    reports in the practice of roofing contracting, including,
10    but not limited to, false records filed with the State
11    agencies or departments;
12        (o) practicing, attempting to practice, or advertising
13    under a name other than the full name as shown on the
14    license or credential or any other legally authorized
15    name;
16        (p) gross and willful overcharging for professional
17    services including filing false statements for collection
18    of fees or monies for which services are not rendered;
19        (q) (blank);
20        (r) (blank);
21        (s) failure to continue to meet the requirements of
22    this Act shall be deemed a violation;
23        (t) physical or mental disability, including
24    deterioration through the aging process or loss of
25    abilities and skills that result in an inability to
26    practice the profession with reasonable judgment, skill,
		HB3396	- 34 -	LRB104 10777 AAS 20857 b
1    or safety;
2        (u) material misstatement in furnishing information to
3    the Department or to any other State agency;
4        (v) (blank);
5        (w) advertising in any manner that is false,
6    misleading, or deceptive;
7        (x) taking undue advantage of a customer, which
8    results in the perpetration of a fraud;
9        (y) performing any act or practice that is a violation
10    of the Consumer Fraud and Deceptive Business Practices
11    Act;
12        (z) engaging in the practice of roofing contracting,
13    as defined in this Act, with a suspended, revoked, [or]
14    cancelled, non-renewed, or otherwise inoperative license
15    or credential;
16        (aa) treating any person differently to the person's
17    detriment because of race, color, creed, gender, age,
18    religion, or national origin;
19        (bb) knowingly making any false statement, oral,
20    written, or otherwise, of a character likely to influence,
21    persuade, or induce others in the course of obtaining or
22    performing roofing contracting services;
23        (cc) violation of any final administrative action of
24    the Secretary;
25        (dd) allowing the use of the [his or her] roofing
26    license or qualifying party credential by an unlicensed
		HB3396	- 35 -	LRB104 10777 AAS 20857 b
1    roofing contractor for the purposes of providing roofing
2    or waterproofing services; or
3        (ee) (blank);
4        (ff) cheating or attempting to subvert a licensing
5    examination administered under this Act; or
6        (gg) use of a license or credential to permit or
7    enable an unlicensed person to provide roofing contractor
8    services.
9    (2) The determination by a circuit court that a license or 
10credential holder is subject to involuntary admission or
11judicial admission, as provided in the Mental Health and
12Developmental Disabilities Code, operates as an automatic
13suspension. Such suspension will end only upon a finding by a
14court that the patient is no longer subject to involuntary
15admission or judicial admission, an order by the court so
16finding and discharging the patient, and the recommendation of
17the Board to the Director of the Division of Professional 
18Regulation that the license or credential holder be allowed to
19resume the license or credential holder's [his or her] practice.
20    (3) The Department may refuse to issue or take
21disciplinary action concerning the license or credential of
22any person who fails to file a return, to pay the tax, penalty,
23or interest shown in a filed return, or to pay any final
24assessment of tax, penalty, or interest as required by any tax
25Act administered by the Department of Revenue, until such time
26as the requirements of any such tax Act are satisfied as
		HB3396	- 36 -	LRB104 10777 AAS 20857 b
1determined by the Department of Revenue.
2    (4) In enforcing this Section, the Department, upon a
3showing of a possible violation, may compel any individual who
4is licensed or credentialed under this Act or any individual
5who has applied for licensure or a credential to submit to a
6mental or physical examination or evaluation, or both, which
7may include a substance abuse or sexual offender evaluation,
8at the expense of the Department. The Department shall
9specifically designate the examining physician licensed to
10practice medicine in all of its branches or, if applicable,
11the multidisciplinary team involved in providing the mental or
12physical examination and evaluation. The multidisciplinary
13team shall be led by a physician licensed to practice medicine
14in all of its branches and may consist of one or more or a
15combination of physicians licensed to practice medicine in all
16of its branches, licensed chiropractic physicians, licensed
17clinical psychologists, licensed clinical social workers,
18licensed clinical professional counselors, and other
19professional and administrative staff. Any examining physician
20or member of the multidisciplinary team may require any person
21ordered to submit to an examination and evaluation pursuant to
22this Section to submit to any additional supplemental testing
23deemed necessary to complete any examination or evaluation
24process, including, but not limited to, blood testing,
25urinalysis, psychological testing, or neuropsychological
26testing.
		HB3396	- 37 -	LRB104 10777 AAS 20857 b
1    (5) The Department may order the examining physician or
2any member of the multidisciplinary team to provide to the
3Department any and all records, including business records,
4that relate to the examination and evaluation, including any
5supplemental testing performed. The Department may order the
6examining physician or any member of the multidisciplinary
7team to present testimony concerning this examination and
8evaluation of the licensee or applicant, including testimony
9concerning any supplemental testing or documents relating to
10the examination and evaluation. No information, report,
11record, or other documents in any way related to the
12examination and evaluation shall be excluded by reason of any
13common law or statutory privilege relating to communication
14between the licensee or applicant and the examining physician
15or any member of the multidisciplinary team. No authorization
16is necessary from the licensee, qualifying party, or applicant
17ordered to undergo an evaluation and examination for the
18examining physician or any member of the multidisciplinary
19team to provide information, reports, records, or other
20documents or to provide any testimony regarding the
21examination and evaluation. The individual to be examined may
22have, at the individual's [his or her] own expense, another
23physician of the individual's [his or her] choice present during
24all aspects of the examination.
25    (6) Failure of any individual to submit to mental or
26physical examination or evaluation, or both, when directed,
		HB3396	- 38 -	LRB104 10777 AAS 20857 b
1shall result in an automatic suspension without hearing until
2such time as the individual submits to the examination. If the
3Department finds a licensee or qualifying party unable to
4practice because of the reasons set forth in this Section, the
5Department shall require the licensee or qualifying party to
6submit to care, counseling, or treatment by physicians
7approved or designated by the Department as a condition for
8continued, reinstated, or renewed licensure.
9    (7) When the Secretary immediately suspends a license or 
10credential under this Section, a hearing upon such person's
11license or credential must be convened by the Department
12within 15 days after the suspension and completed without
13appreciable delay. The Department shall have the authority to
14review the licensee's or qualifying party's record of
15treatment and counseling regarding the impairment to the
16extent permitted by applicable federal statutes and
17regulations safeguarding the confidentiality of medical
18records.
19    (8) Licensees and qualifying parties affected under this
20Section shall be afforded an opportunity to demonstrate to the
21Department that they can resume practice in compliance with
22acceptable and prevailing standards under the provisions of
23their license.
24    (9) (Blank).
25    (10) In cases where the Department of Healthcare and
26Family Services has previously determined a licensee, 
		HB3396	- 39 -	LRB104 10777 AAS 20857 b
1qualifying party, [or] a potential licensee, or potential 
2qualifying party is more than 30 days delinquent in the
3payment of child support and has subsequently certified the
4delinquency to the Department, the Department may refuse to
5issue or renew or may revoke or suspend that person's license
6or credential or may take other disciplinary action against
7that person based solely upon the certification of delinquency
8made by the Department of Healthcare and Family Services in
9accordance with paragraph (5) of subsection (a) of Section
102105-15 of the Department of Professional Regulation Law of
11the Civil Administrative Code of Illinois.
12    [The changes to this Act made by this amendatory Act of 1997 ]
13[apply only to disciplinary actions relating to events ]
14[occurring after the effective date of this amendatory Act of ]
15[1997.]
16(Source: P.A. 99-469, eff. 8-26-15; 99-876, eff. 1-1-17;
17100-872, eff. 8-14-18.)
18    (225 ILCS 335/9.4)  (from Ch. 111, par. 7509.4)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 9.4. Subpoenas; oaths. The Department has power to
21subpoena and bring before it any person in this State and to
22take the oral or written testimony, or to compel the
23production of any books, papers, records, documents, exhibits,
24or other materials that the Secretary or the Secretary's [his ]
25[or her] designee deems relevant or material to an investigation
		HB3396	- 40 -	LRB104 10777 AAS 20857 b
1or hearing conducted by the Department, with the same fees and
2mileage and in the same manner as prescribed by law in judicial
3proceedings in civil cases in courts of this State.
4    The Secretary, the designated hearing officer, any member
5of the Board, or a certified shorthand court reporter may
6administer oaths to witnesses at any hearing that the
7Department conducts. Notwithstanding any other statute or
8Department rule to the contrary, all requests for testimony or
9production of documents or records shall be in accordance with
10this Act.
11(Source: P.A. 99-469, eff. 8-26-15.)
12    (225 ILCS 335/9.7)  (from Ch. 111, par. 7509.7)
13    (Section scheduled to be repealed on January 1, 2026)
14    Sec. 9.7. Final administrative decisions.  All final
15administrative decisions of the Department are subject to
16judicial review pursuant to the Administrative Review Law and
17all rules adopted pursuant thereto. The term "administrative
18decision" is defined as in Section 3-101 of the Code of Civil
19Procedure. Proceedings for judicial review shall be commenced
20in the circuit court of the county in which the party applying
21for review resides, except that, if the party is not a resident
22of this State, the venue shall be Sangamon County.
23(Source: P.A. 99-469, eff. 8-26-15.)
24    (225 ILCS 335/9.8)  (from Ch. 111, par. 7509.8)
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1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 9.8. Criminal penalties. Any person who is found to
3have violated any provision of this Act is guilty of a Class A
4misdemeanor for the first offense and such violation may 
5result in a sentence in accordance with subsection (a) of 
6Section 5-4.5-55 of the Unified Code of Corrections and a fine 
7not to exceed $2,500. On conviction of a second or subsequent
8offense, the violator is guilty of a Class 4 felony, which may 
9result in a sentence in accordance with subsection (a) of 
10Section 5-4.5-45 of the Unified Code of Corrections and a fine 
11of $25,000. Each day of violation constitutes a separate
12offense. Fines for any and all criminal penalties imposed 
13shall be payable to the Department.
14(Source: P.A. 99-469, eff. 8-26-15.)
15    (225 ILCS 335/10a)
16    (Section scheduled to be repealed on January 1, 2026)
17    Sec. 10a. Unlicensed practice; violation; civil penalty.
18    (a) In addition to any other penalty provided by law, any
19person who practices, offers to practice, attempts to
20practice, or holds himself or herself out to practice roofing
21without being licensed under this Act shall, in addition to
22any other penalty provided by law, pay a civil penalty to the
23Department in an amount not to exceed $15,000 [$10,000] for each
24offense as determined by the Department. The civil penalty
25shall be assessed by the Department after a hearing is held in
		HB3396	- 42 -	LRB104 10777 AAS 20857 b
1accordance with the provisions set forth in this Act regarding
2the provision of a hearing for the discipline of a licensee.
3    (b) The Department has the authority and power to
4investigate any and all unlicensed activity.
5    (c) The civil penalty shall be paid within 60 days after
6the effective date of the order imposing the civil penalty.
7The order shall constitute a judgment and may be filed and
8execution had thereon in the same manner as any judgment from
9any court of record.
10(Source: P.A. 99-469, eff. 8-26-15.)
11    (225 ILCS 335/11)  (from Ch. 111, par. 7511)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 11. Application of Act.
14    (1) Nothing in this Act limits the power of a
15municipality, city, county, [or] incorporated area, or school 
16district to regulate the quality and character of work
17performed by roofing contractors through a system of permits,
18fees, and inspections which are designed to secure compliance
19with and aid in the implementation of State and local building
20laws or to enforce other local laws for the protection of the
21public health and safety.
22    (2) Nothing in this Act shall be construed to require a
23seller of roofing services [materials] or a seller of roofing 
24materials [services] to be licensed as a roofing contractor when
25the construction, reconstruction, alteration, maintenance or
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1repair of roofing or waterproofing is to be performed by a
2person other than the seller or the seller's employees.
3    (3) Nothing in this Act shall be construed to require a
4person who performs roofing or waterproofing work to the 
5person's [his or her] own property, or for no consideration, to
6be licensed as a roofing contractor.
7    (3.5) Nothing in this Act shall be construed to require an
8employee who performs roofing or waterproofing work to an [his ]
9[or her] employer's residential property, where there exists an
10employee-employer relationship or for no consideration, to be
11licensed as a roofing contractor.
12    (4) Nothing in this Act shall be construed to require a
13person who performs roof repair or waterproofing work to an
14[his or her] employer's commercial or industrial property to be
15licensed as a roofing contractor, where there exists an
16employer-employee relationship. Nothing in this Act shall be
17construed to apply to the installation of plastics, glass or
18fiberglass to greenhouses and related horticultural
19structures, or to the repair or construction of farm
20buildings.
21    (5) Nothing in this Act limits the power of a
22municipality, city, county, [or] incorporated area, or school 
23district to collect occupational license and inspection fees
24for engaging in roofing contracting.
25    (6) Nothing in this Act limits the power of the
26municipalities, cities, counties, [or] incorporated areas, or 
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1school district to adopt any system of permits requiring
2submission to and approval by the municipality, city, county,
3or incorporated area of plans and specifications for work to
4be performed by roofing contractors before commencement of the
5work.
6    (7) Any official authorized to issue building or other
7related permits shall ascertain that the applicant contractor
8is duly licensed before issuing the permit. The evidence shall
9consist only of the exhibition to him or her of current
10evidence of licensure.
11    (8) This Act applies to any roofing contractor performing
12work for the State or any municipality, city, county, [or]
13incorporated area, or school district. Officers of the State
14or any municipality, city, county, [or] incorporated area, or 
15school district are required to determine compliance with this
16Act before awarding any contracts for construction,
17improvement, remodeling, or repair.
18    (9) If an incomplete contract exists at the time of death
19of a qualifying party or the dissolution of a roofing 
20contractor licensee, the contract may be completed by any
21person even though not licensed or credentialed. Such person
22shall notify the Department within 30 days after the death of 
23the qualifying party or the dissolution of the roofing
24contractor of the person's [his or her] name and address. For [the]
25purposes of this subsection (9), an incomplete contract is one
26which has been awarded to, or entered into by, the licensee
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1before the dissolution or the [his or her] death of the 
2qualifying party or on which the licensee [he or she] was the low
3bidder and the contract is subsequently awarded to the roofing 
4contractor [him or her] regardless of whether any actual work
5has commenced under the contract before the dissolution or the
6[his or her] death of the qualifying party.
7    (10) The State or any municipality, city, county, [or]
8incorporated area, or school district may require that bids
9submitted for roofing construction, improvement, remodeling,
10or repair of public buildings be accompanied by evidence that
11that bidder holds an appropriate license issued pursuant to
12this Act.
13    (11) (Blank).
14    (12) Nothing in this Act shall prevent a municipality,
15city, county, [or] incorporated area, or school district from
16making laws or ordinances that are more stringent than those
17contained in this Act.
18(Source: P.A. 99-469, eff. 8-26-15; 100-545, eff. 11-8-17.)
19    (225 ILCS 335/11.5)
20    (Section scheduled to be repealed on January 1, 2026)
21    Sec. 11.5. Roofing Advisory Board. There is created within 
22the Department a Roofing Advisory Board to be composed of 
23persons: [The Roofing Advisory Board is created and shall ]
24[consist of 8 persons]
25    (a) Nine members, one of whom is a [knowledgeable] public
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1member and 5 [7] of whom are each (i) designated as the
2qualifying party of a licensed roofing contractor or (ii)
3legally qualified to act for the business entity [organization]
4on behalf of the licensed roofing contractor [licensee] in all
5matters connected with its roofing contracting business,
6exercise [have] the authority to supervise roofing installation
7operations, and actively engaged in day-to-day activities of
8the business entity [organization] for a licensed roofing
9contractor. One shall represent [. One of the 7 nonpublic ]
10[members on the Board shall represent] a statewide association
11representing home builders, another shall represent [and ]
12[another of the 7 nonpublic members shall represent] an
13association predominately representing retailers, and another 
14shall represent the employees of licensed roofing contractors.
15     The public member shall not represent any association or
16be licensed or credentialed under this Act.
17    (b) Each member shall be appointed by the Secretary. The 
18membership of the Board should represent racial, ethnic, and 
19cultural diversity and reasonably reflect representation from 
20the various geographic areas of the State. [Five members of the ]
21[Board shall constitute a quorum. A quorum is required for all ]
22[Board decisions.]
23    (c) Members of the Board shall be immune from suit in any
24action based upon any disciplinary proceedings or other acts
25performed in good faith as members of the Board, unless the
26conduct that gave rise to the suit was willful and wanton
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1misconduct.
2    (d) Terms for each member of the Board shall be for 4 
3years. A member shall serve until the member's successor is 
4qualified and appointed. Partial terms over 2 years in length 
5shall be considered as full terms. A member may be reappointed 
6for a successive term, but no member shall serve more than 2 
7full terms. For any such reappointment, the second term shall 
8begin the day after the end of the first full term. [The persons ]
9[appointed shall hold office for 4 years and until a successor ]
10[is appointed and qualified. No member shall serve more than 2 ]
11[complete 4 year terms.]
12    (e) The Secretary may terminate or refuse the appointment 
13of [shall have the authority to remove or suspend] any member of
14the Board for cause [at any time before the expiration of his or ]
15[her term]. The Secretary shall be the sole arbiter of cause.
16    (f) The Secretary shall fill a vacancy for the unexpired
17portion of the term with an appointee who meets the same
18qualifications as the person whose position has become vacant.
19[The Board shall meet annually to elect one member as chairman ]
20[and one member as vice-chairman. No officer shall be elected ]
21[more than twice in succession to the same office.]
22    (g) The members of the Board shall be reimbursed [receive ]
23[reimbursement] for all legitimate [actual], necessary, and
24authorized expenses incurred in attending the meetings of the
25Board.
26(Source: P.A. 99-469, eff. 8-26-15.)
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1    (225 ILCS 335/11.5a new)
2    Sec. 11.5a. Roofing Advisory Board; powers and duties.
3    (a) The Board shall meet at least once per year or as 
4otherwise called by the Secretary.
5    (b) Five members of the Board currently appointed shall 
6constitute a quorum. A vacancy in the membership of the Board 
7shall not impair the right of a quorum to exercise all the 
8rights and perform all the duties of the Board.
9    (c) Each member, in exercising the member's duties on 
10behalf of the Board, shall not engage in any self-interest, 
11including, but not limited to, conduct contrary to an 
12appropriate regulatory interest as determined by the 
13Department.
14    (d) The Board shall annually elect a chairperson and a 
15vice chairperson who shall be qualifying parties credentialed 
16under this Act. No officer shall be elected more than twice in 
17succession to the same office unless there are extenuating 
18circumstances.
19    (e) The Board shall elect a successor chairperson or vice 
20chairperson in the event such officer position becomes vacant, 
21and such successor shall serve the remainder of the vacating 
22officer's term.
23    (f) Without limiting the power of the Department to 
24conduct investigations, the Board may recommend to the 
25Secretary that one or more credentialed qualifying parties be 
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1selected by the Secretary to conduct or assist in any 
2investigation pursuant to this Act. Each such credentialed 
3qualifying party may receive remuneration as determined by the 
4Secretary.
5    (225 ILCS 335/11.8)
6    (Section scheduled to be repealed on January 1, 2026)
7    Sec. 11.8. Surrender of license. Upon the revocation or
8suspension of any license, the licensee shall immediately
9surrender the license or licenses or credential or credentials
10to the Department. If the licensee or qualifying party fails
11to do so, the Department shall have the right to seize the
12license or credential.
13(Source: P.A. 99-469, eff. 8-26-15.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.
		HB3396	- 50 -	LRB104 10777 AAS 20857 b
1
  INDEX
2
  Statutes amended in order of appearance
3    5 ILCS 80/4.36
4    5 ILCS 80/4.41 new
5    225 ILCS 335/1	from Ch. 111, par. 7501
6    225 ILCS 335/2	from Ch. 111, par. 7502
7    225 ILCS 335/2.05 new
8    225 ILCS 335/2.1	from Ch. 111, par. 7502.1
9    225 ILCS 335/3	from Ch. 111, par. 7503
10    225 ILCS 335/3.5
11    225 ILCS 335/4.5
12    225 ILCS 335/4.6 new
13    225 ILCS 335/5.1
14    225 ILCS 335/5.5
15    225 ILCS 335/6	from Ch. 111, par. 7506
16    225 ILCS 335/7.1
17    225 ILCS 335/9	from Ch. 111, par. 7509
18    225 ILCS 335/9.1	from Ch. 111, par. 7509.1
19    225 ILCS 335/9.4	from Ch. 111, par. 7509.4
20    225 ILCS 335/9.7	from Ch. 111, par. 7509.7
21    225 ILCS 335/9.8	from Ch. 111, par. 7509.8
22    225 ILCS 335/10a
23    225 ILCS 335/11	from Ch. 111, par. 7511
24    225 ILCS 335/11.5
25    225 ILCS 335/11.5a new
		HB3396	- 51 -	LRB104 10777 AAS 20857 b
1    225 ILCS 335/11.8