Bill Text: IL HB5514 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Roofing Industry Licensing Act. In provisions concerning the display of license number and advertising, specifies that the licensee must display the roofing contractor license number and the licensee's name, as it appears on the license. Provides that if an applicant 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 performs the work on the roofing portion of the project for which the applicant has requested the permit, then the applicant shall be guilty of identity theft under the Criminal Code of 1961. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2010-07-27 - Public Act . . . . . . . . . 96-1324 [HB5514 Detail]
Download: Illinois-2009-HB5514-Enrolled.html
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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Roofing Industry Licensing Act is | ||||||
5 | amended by changing Sections 5 and 9.1 as follows:
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6 | (225 ILCS 335/5) (from Ch. 111, par. 7505)
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7 | (Section scheduled to be repealed on January 1, 2016)
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8 | Sec. 5. Display of license number; advertising.
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9 | (a) Each State licensed roofing contractor shall
affix the | ||||||
10 | roofing contractor license number and the licensee's name, as | ||||||
11 | it appears on the license, the
license number of his or her | ||||||
12 | license to all of his
or
her contracts and bids. In
addition, | ||||||
13 | the official issuing building permits shall affix the
roofing | ||||||
14 | contractor license number to each application for a building | ||||||
15 | permit
and on
each building permit issued and recorded.
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16 | (a-5) A person who knowingly, in the course of applying If | ||||||
17 | a general contractor applies for a building permit with a unit | ||||||
18 | of local government , provides the and knowingly submits a | ||||||
19 | roofing license number that is not that of a the roofing | ||||||
20 | contractor whom he or she does not intend to have perform the | ||||||
21 | work on the roofing portion of who will be the subcontractor | ||||||
22 | for the project commits for which the general contractor has | ||||||
23 | requested the permit, the general contractor shall be guilty of |
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1 | identity theft under paragraph (8) of subsection (a) of Section | ||||||
2 | 16G-15 of the Criminal Code of 1961. | ||||||
3 | (b) In addition, every roofing contractor shall affix the
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4 | roofing
contractor license number and the licensee's name, as | ||||||
5 | it appears on the license, on all commercial vehicles used as
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6 | part
of his
or her business as a roofing contractor.
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7 | (c) Every holder of a license shall
display it in a
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8 | conspicuous place in his or her principal office, place of | ||||||
9 | business, or place
of employment.
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10 | (d) No person licensed under this Act may advertise | ||||||
11 | services regulated by
this Act unless that person includes in | ||||||
12 | the advertisement the roofing contractor license number and the | ||||||
13 | licensee's name, as it appears on the license his or her | ||||||
14 | license
number . Nothing contained in this subsection requires | ||||||
15 | the publisher of
advertising for roofing contractor services to | ||||||
16 | investigate or verify the
accuracy of the
license number | ||||||
17 | provided by the licensee.
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18 | (e) A person who advertises services regulated by this Act | ||||||
19 | who knowingly (i)
fails to display the license number and the | ||||||
20 | licensee's name, as it appears on the license, in any manner | ||||||
21 | required by this Section,
(ii) fails to provide a publisher | ||||||
22 | with the correct license number as required
by subsection (d), | ||||||
23 | or (iii) provides a publisher with a false license number or
a | ||||||
24 | license number of another person, or a person who knowingly | ||||||
25 | allows his or her
license number to be displayed or used by | ||||||
26 | another person to circumvent any
provisions of this Section, is |
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1 | guilty of a Class A misdemeanor with a fine of
$1,000, and, in | ||||||
2 | addition, is subject to the administrative enforcement
| ||||||
3 | provisions of this Act.
Each day that an advertisement runs or | ||||||
4 | each day that a person knowingly allows
his or her license to | ||||||
5 | be displayed or used in violation of this Section
constitutes a | ||||||
6 | separate offense.
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7 | (Source: P.A. 96-624, eff. 1-1-10.)
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8 | (225 ILCS 335/9.1) (from Ch. 111, par. 7509.1) | ||||||
9 | (Section scheduled to be repealed on January 1, 2016) | ||||||
10 | Sec. 9.1. Grounds for disciplinary action. The Department | ||||||
11 | may refuse
to issue or to renew, or may revoke, suspend, place | ||||||
12 | on probation, reprimand
or take other disciplinary or | ||||||
13 | non-disciplinary action as the Department may deem proper,
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14 | including fines not to exceed $10,000 for each violation, with | ||||||
15 | regard to any
license for any one or combination of the | ||||||
16 | following causes: | ||||||
17 | (a) violation of this Act or its rules; | ||||||
18 | (b) conviction or plea of guilty or nolo contendere of | ||||||
19 | any crime under the laws of the United States or any state | ||||||
20 | or territory thereof that is (i) a felony or (ii) a | ||||||
21 | misdemeanor, an essential element
of which is dishonesty or | ||||||
22 | that is
directly related to the
practice of the profession; | ||||||
23 | (c) making any misrepresentation for the purpose of | ||||||
24 | obtaining a license; | ||||||
25 | (d) professional incompetence or gross negligence in |
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1 | the practice of
roofing contracting, prima facie evidence | ||||||
2 | of which may be a conviction or judgment in any court of | ||||||
3 | competent jurisdiction against an applicant or licensee | ||||||
4 | relating to the practice of roofing contracting or the | ||||||
5 | construction of a roof or repair thereof that results in | ||||||
6 | leakage within 90 days after the completion of such work; | ||||||
7 | (e) (blank); | ||||||
8 | (f) aiding or assisting another person in violating any | ||||||
9 | provision of
this Act or rules; | ||||||
10 | (g) failing, within 60 days, to provide information in | ||||||
11 | response to a
written request made by the Department which | ||||||
12 | has been sent by certified or
registered mail to the | ||||||
13 | licensee's last known address; | ||||||
14 | (h) engaging in dishonorable, unethical, or | ||||||
15 | unprofessional conduct of a
character likely to deceive, | ||||||
16 | defraud, or harm the public; | ||||||
17 | (i) habitual or excessive use or addiction to alcohol, | ||||||
18 | narcotics,
stimulants or any other chemical agent or drug | ||||||
19 | which results in the
inability to practice with reasonable | ||||||
20 | judgment, skill, or safety; | ||||||
21 | (j) discipline by another U.S. jurisdiction or foreign | ||||||
22 | nation, if at
least one of the grounds for the discipline | ||||||
23 | is the same or substantially
equivalent to those set forth | ||||||
24 | in this Section; | ||||||
25 | (k) directly or indirectly giving to or receiving from | ||||||
26 | any person, firm,
corporation, partnership, or association |
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1 | any fee, commission, rebate, or
other form of compensation | ||||||
2 | for any professional services not actually or
personally | ||||||
3 | rendered; | ||||||
4 | (l) a finding by the Department that the licensee, | ||||||
5 | after having his
or her license placed on probationary | ||||||
6 | status has violated the terms of
probation; | ||||||
7 | (m) a finding by any court of competent jurisdiction, | ||||||
8 | either within or
without this State, of any violation of | ||||||
9 | any law governing the practice of
roofing contracting, if | ||||||
10 | the Department determines, after investigation,
that such | ||||||
11 | person has not been sufficiently rehabilitated to warrant | ||||||
12 | the
public trust; | ||||||
13 | (n) a finding that licensure has been applied for or | ||||||
14 | obtained by
fraudulent means; | ||||||
15 | (o) practicing, attempting to practice, or advertising | ||||||
16 | under
a name
other than the
full name as shown on the | ||||||
17 | license or any other legally authorized name; | ||||||
18 | (p) gross and willful overcharging for professional | ||||||
19 | services including
filing false statements for collection | ||||||
20 | of fees or monies for which services
are not rendered; | ||||||
21 | (q) failure to file a return, or to pay the tax, | ||||||
22 | penalty or interest
shown in a filed return, or to pay any | ||||||
23 | final assessment of tax, penalty or
interest, as required | ||||||
24 | by any tax Act administered by the Illinois
Department of | ||||||
25 | Revenue, until such time as the requirements of any such | ||||||
26 | tax
Act are satisfied; |
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1 | (r) the Department shall deny any license or renewal | ||||||
2 | under this
Act to any person who has defaulted on an | ||||||
3 | educational loan guaranteed by
the Illinois State | ||||||
4 | Scholarship Commission; however, the Department may
issue | ||||||
5 | a license or renewal if the person in default has | ||||||
6 | established a
satisfactory repayment record as determined | ||||||
7 | by the Illinois State
Scholarship Commission; | ||||||
8 | (s) failure to continue to meet the requirements of | ||||||
9 | this Act shall be
deemed a violation; | ||||||
10 | (t) physical or mental disability, including | ||||||
11 | deterioration through the
aging process or loss of | ||||||
12 | abilities and skills that result in an inability to
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13 | practice the profession with reasonable judgment, skill, | ||||||
14 | or safety; | ||||||
15 | (u) material misstatement in furnishing information to | ||||||
16 | the Department or
to
any other State agency; | ||||||
17 | (v) the determination by a court that a licensee is | ||||||
18 | subject to involuntary
admission or judicial admission as | ||||||
19 | provided in the Mental Health and
Developmental | ||||||
20 | Disabilities Code will result in an automatic suspension of | ||||||
21 | his
or her license. The suspension will end upon a finding | ||||||
22 | by a court that the
licensee is no longer subject to | ||||||
23 | involuntary admission or judicial admission,
the issuance | ||||||
24 | of an order so finding and discharging the patient, and the
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25 | recommendation of the Board to the Director that the | ||||||
26 | licensee be allowed to
resume professional practice; |
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1 | (w) advertising in any manner that is false, | ||||||
2 | misleading, or deceptive; | ||||||
3 | (x) taking undue advantage of a customer, which results | ||||||
4 | in the perpetration of a fraud; | ||||||
5 | (y) performing any act or practice that is a violation | ||||||
6 | of the Consumer Fraud and Deceptive Business Practices Act; | ||||||
7 | (z) engaging in the practice of roofing contracting, as | ||||||
8 | defined in this Act, with a suspended, revoked, or | ||||||
9 | cancelled license; | ||||||
10 | (aa) treating any person differently to the person's | ||||||
11 | detriment because of race, color, creed, gender, age, | ||||||
12 | religion, or national origin; | ||||||
13 | (bb) knowingly making any false statement, oral, | ||||||
14 | written, or otherwise, of a character likely to influence, | ||||||
15 | persuade, or induce others in the course of obtaining or | ||||||
16 | performing roofing contracting services; or | ||||||
17 | (cc) violation of any final administrative action of | ||||||
18 | the Secretary ; .
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19 | (dd) allowing the use of his or her roofing license by | ||||||
20 | an unlicensed roofing contractor for the purposes of | ||||||
21 | providing roofing or waterproofing services; or | ||||||
22 | (ee) aiding or assisting another person in violating | ||||||
23 | any provision of this Act or its rules, including, but not | ||||||
24 | limited to, Section 9 of this Act. | ||||||
25 | The changes to this Act made by this amendatory Act of 1997 | ||||||
26 | apply only
to disciplinary actions relating to events occurring |
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1 | after the effective date
of
this amendatory Act of 1997. | ||||||
2 | (Source: P.A. 95-303, eff. 1-1-08.)
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3 | Section 10. The Criminal Code of 1961 is amended by | ||||||
4 | changing Section 16G-15 as follows:
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5 | (720 ILCS 5/16G-15)
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6 | Sec. 16G-15. Identity theft.
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7 | (a) A person commits the offense of identity theft when he | ||||||
8 | or
she
knowingly:
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9 | (1) uses any personal
identifying information or | ||||||
10 | personal identification document of another
person to | ||||||
11 | fraudulently obtain credit, money, goods, services, or | ||||||
12 | other
property, or
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13 | (2) uses any personal identification information or | ||||||
14 | personal
identification document of another with intent to | ||||||
15 | commit any felony theft
or other felony violation of State | ||||||
16 | law not set forth in
paragraph (1) of this subsection (a), | ||||||
17 | or
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18 | (3) obtains, records, possesses, sells, transfers, | ||||||
19 | purchases, or
manufactures any personal identification | ||||||
20 | information or personal
identification document of another | ||||||
21 | with intent to commit or to aid or abet
another in | ||||||
22 | committing any felony theft or other felony violation of
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23 | State law, or
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24 | (4) uses, obtains, records, possesses, sells, |
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1 | transfers, purchases,
or manufactures any personal | ||||||
2 | identification information or
personal identification | ||||||
3 | document of another knowing that such
personal | ||||||
4 | identification information or personal identification
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5 | documents were stolen or produced without lawful | ||||||
6 | authority, or
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7 | (5) uses, transfers, or possesses document-making | ||||||
8 | implements to
produce false identification or false | ||||||
9 | documents with knowledge that
they will be used by the | ||||||
10 | person or another to commit any felony theft or other
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11 | felony violation of State law, or
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12 | (6) uses any personal identification information or | ||||||
13 | personal identification document of another to portray | ||||||
14 | himself or herself as that person, or otherwise, for the | ||||||
15 | purpose of gaining access to any personal identification | ||||||
16 | information or personal identification document of that | ||||||
17 | person, without the prior express permission of that | ||||||
18 | person, or | ||||||
19 | (7) uses any personal identification information or | ||||||
20 | personal identification document of another for the | ||||||
21 | purpose of gaining access to any record of the actions | ||||||
22 | taken, communications made or received, or other | ||||||
23 | activities or transactions of that person, without the | ||||||
24 | prior express permission of that person , or .
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25 | (8) in the course of applying for a building permit | ||||||
26 | with a unit of a local government, provides the license |
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1 | number of a roofing contractor whom he or she does not | ||||||
2 | intend to have perform the work on the roofing portion of | ||||||
3 | the project. It is an affirmative defense to prosecution | ||||||
4 | under this paragraph (8) that the building permit applicant | ||||||
5 | promptly informed the unit of local government that issued | ||||||
6 | the building permit of any change in the roofing | ||||||
7 | contractor. | ||||||
8 | (b) Knowledge shall be determined by an evaluation of all | ||||||
9 | circumstances
surrounding the use of the other
person's | ||||||
10 | identifying information or document.
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11 | (c) When a charge of identity theft of credit, money, | ||||||
12 | goods,
services, or other property
exceeding a specified value | ||||||
13 | is brought the value of the credit, money, goods,
services, or | ||||||
14 | other property is
an element of the offense to be resolved by | ||||||
15 | the trier of fact as either
exceeding or not exceeding the
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16 | specified value.
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17 | (d) Sentence.
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18 | (1) A person convicted of identity theft in violation | ||||||
19 | of paragraph (1)
of subsection (a) shall be sentenced as | ||||||
20 | follows:
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21 | (A) Identity theft of credit, money, goods, | ||||||
22 | services, or
other
property not exceeding $300 in
value | ||||||
23 | is a Class 4 felony. A person who has been previously | ||||||
24 | convicted of
identity theft of
less than $300 who is | ||||||
25 | convicted of a second or subsequent offense of
identity | ||||||
26 | theft of less than
$300 is guilty of a Class 3 felony. |
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1 | A person who has been convicted of identity
theft of | ||||||
2 | less than
$300 who has been previously convicted of any | ||||||
3 | type of theft, robbery, armed
robbery, burglary, | ||||||
4 | residential
burglary, possession of burglary tools, | ||||||
5 | home invasion, home repair fraud,
aggravated home | ||||||
6 | repair fraud, or
financial exploitation of an elderly | ||||||
7 | or disabled person is guilty of a Class 3
felony. | ||||||
8 | Identity theft of credit, money, goods, services, or
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9 | other
property not exceeding $300 in
value when the | ||||||
10 | victim of the identity theft is an active duty member | ||||||
11 | of the Armed Services or Reserve Forces of the United | ||||||
12 | States or of the Illinois National Guard serving in a | ||||||
13 | foreign country is a Class 3 felony. A person who has | ||||||
14 | been previously convicted of
identity theft of
less | ||||||
15 | than $300 who is convicted of a second or subsequent | ||||||
16 | offense of
identity theft of less than
$300 when the | ||||||
17 | victim of the identity theft is an active duty member | ||||||
18 | of the Armed Services or Reserve Forces of the United | ||||||
19 | States or of the Illinois National Guard serving in a | ||||||
20 | foreign country is guilty of a Class 2 felony. A person | ||||||
21 | who has been convicted of identity
theft of less than
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22 | $300 when the victim of the identity theft is an active | ||||||
23 | duty member of the Armed Services or Reserve Forces of | ||||||
24 | the United States or of the Illinois National Guard | ||||||
25 | serving in a foreign country who has been previously | ||||||
26 | convicted of any type of theft, robbery, armed
robbery, |
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1 | burglary, residential
burglary, possession of burglary | ||||||
2 | tools, home invasion, home repair fraud,
aggravated | ||||||
3 | home repair fraud, or
financial exploitation of an | ||||||
4 | elderly or disabled person is guilty of a Class 2
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5 | felony. When a person has any
such prior conviction, | ||||||
6 | the information or indictment charging that person | ||||||
7 | shall
state the prior conviction so
as to give notice | ||||||
8 | of the State's intention to treat the charge as a Class | ||||||
9 | 3 felony. The
fact of the prior conviction is
not an | ||||||
10 | element of the offense and may not be disclosed to the | ||||||
11 | jury during trial
unless otherwise permitted
by issues | ||||||
12 | properly raised during the trial.
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13 | (B) Identity theft of credit, money, goods,
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14 | services, or other
property exceeding $300 and not
| ||||||
15 | exceeding $2,000 in value is a Class 3 felony. Identity | ||||||
16 | theft of credit, money, goods,
services, or other
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17 | property exceeding $300 and not
exceeding $2,000 in | ||||||
18 | value when the victim of the identity theft is an | ||||||
19 | active duty member of the Armed Services or Reserve | ||||||
20 | Forces of the United States or of the Illinois National | ||||||
21 | Guard serving in a foreign country is a Class 2 felony.
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22 | (C) Identity theft of credit, money, goods,
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23 | services, or other
property exceeding $2,000 and not
| ||||||
24 | exceeding $10,000 in value is a Class 2 felony. | ||||||
25 | Identity theft of credit, money, goods,
services, or | ||||||
26 | other
property exceeding $2,000 and not
exceeding |
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1 | $10,000 in value when the victim of the identity theft | ||||||
2 | is an active duty member of the Armed Services or | ||||||
3 | Reserve Forces of the United States or of the Illinois | ||||||
4 | National Guard serving in a foreign country is a Class | ||||||
5 | 1 felony.
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6 | (D) Identity theft of credit, money, goods,
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7 | services, or other
property exceeding $10,000 and
not | ||||||
8 | exceeding $100,000 in value is a Class 1 felony. | ||||||
9 | Identity theft of credit, money, goods,
services, or | ||||||
10 | other
property exceeding $10,000 and
not exceeding | ||||||
11 | $100,000 in value when the victim of the identity theft | ||||||
12 | is an active duty member of the Armed Services or | ||||||
13 | Reserve Forces of the United States or of the Illinois | ||||||
14 | National Guard serving in a foreign country is a Class | ||||||
15 | X felony.
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16 | (E) Identity theft of credit, money, goods,
| ||||||
17 | services, or
other property exceeding $100,000 in
| ||||||
18 | value is a Class X felony.
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19 | (2) A person convicted of any offense enumerated in | ||||||
20 | paragraphs
(2) through (7) of subsection (a) is guilty of a | ||||||
21 | Class 3 felony. A person convicted of any offense | ||||||
22 | enumerated in paragraphs
(2) through (7) of subsection (a) | ||||||
23 | when the victim of the identity theft is an active duty | ||||||
24 | member of the Armed Services or Reserve Forces of the | ||||||
25 | United States or of the Illinois National Guard serving in | ||||||
26 | a foreign country is guilty of a Class 2 felony.
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1 | (3) A person convicted of any offense enumerated in | ||||||
2 | paragraphs
(2) through (5) of subsection (a) a second or | ||||||
3 | subsequent time is
guilty of a Class 2 felony. A person | ||||||
4 | convicted of any offense enumerated in paragraphs
(2) | ||||||
5 | through (5) of subsection (a) a second or subsequent time | ||||||
6 | when the victim of the identity theft is an active duty | ||||||
7 | member of the Armed Services or Reserve Forces of the | ||||||
8 | United States or of the Illinois National Guard serving in | ||||||
9 | a foreign country is
guilty of a Class 1 felony.
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10 | (4) A person who, within a 12 month period, is found in | ||||||
11 | violation
of any offense enumerated in paragraphs (2) | ||||||
12 | through (7) of
subsection (a) with respect to the | ||||||
13 | identifiers of, or other information relating to, 3 or more
| ||||||
14 | separate individuals, at the same time or consecutively, is | ||||||
15 | guilty
of a Class 2 felony. A person who, within a 12 month | ||||||
16 | period, is found in violation
of any offense enumerated in | ||||||
17 | paragraphs (2) through (7) of
subsection (a) with respect | ||||||
18 | to the identifiers of, or other information relating to, 3 | ||||||
19 | or more
separate individuals, at the same time or | ||||||
20 | consecutively, when the victim of the identity theft is an | ||||||
21 | active duty member of the Armed Services or Reserve Forces | ||||||
22 | of the United States or of the Illinois National Guard | ||||||
23 | serving in a foreign country is guilty
of a Class 1 felony.
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24 | (5) A person convicted of identity theft in violation | ||||||
25 | of paragraph (2) of subsection (a) who uses any personal | ||||||
26 | identification information or personal
identification |
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1 | document of another to purchase methamphetamine | ||||||
2 | manufacturing material as defined in Section 10 of the | ||||||
3 | Methamphetamine Control and Community Protection Act with | ||||||
4 | the intent to unlawfully manufacture methamphetamine is | ||||||
5 | guilty of a Class 2 felony for a first offense and a Class | ||||||
6 | 1 felony for a second or subsequent offense.
A person | ||||||
7 | convicted of identity theft in violation of paragraph (2) | ||||||
8 | of subsection (a) who uses any personal identification | ||||||
9 | information or personal
identification document of another | ||||||
10 | to purchase methamphetamine manufacturing material as | ||||||
11 | defined in Section 10 of the Methamphetamine Control and | ||||||
12 | Community Protection Act with the intent to unlawfully | ||||||
13 | manufacture methamphetamine when the victim of the | ||||||
14 | identity theft is an active duty member of the Armed | ||||||
15 | Services or Reserve Forces of the United States or of the | ||||||
16 | Illinois National Guard serving in a foreign country is | ||||||
17 | guilty of a Class 1 felony for a first offense and a Class | ||||||
18 | X felony for a second or subsequent offense.
| ||||||
19 | (6) A person convicted of identity theft in violation | ||||||
20 | of paragraph (8) of subsection (a) of this Section shall be | ||||||
21 | guilty of a Class 4 felony. | ||||||
22 | (Source: P.A. 94-39, eff. 6-16-05; 94-827, eff. 1-1-07; | ||||||
23 | 94-1008, eff. 7-5-06; 95-60, eff. 1-1-08; 95-331, eff. | ||||||
24 | 8-21-07.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|