This bill requires roofing contractors to obtain a registration certificate in order to engage in the business of a roofing contractor, subject to a civil penalty. A roofing contractor cannot bring any claim, action, suit, or proceeding related to his or her roofing contractor business if he or she does not have a registration certificate.

Roofing contractors must ensure that any independent contractors have a registration certificate, subject to having their own registration certificate revoked. However, a person working under the direct supervision of a roofing contractor as an employee, day laborer, or contract laborer is not required to be certified.

An applicant for a roofing contractor registration certificate must:

(1) Be at least 18 years of age;

(2) Submit their personal information;

(3) Submit a copy of liability insurance with coverage of at least $500,000;

(4) Submit proof of workers' compensation coverage; and

(5) Submit any other information necessary to the dDivision of Professional Registration within the Department of Commerce and Insurance.

An application fee cost is $150. An application will be denied if the applicant has a revoked or suspended license for roofing contractors in another state or if the applicant has not paid his or her income taxes. A conviction will not automatically disqualify a person from registration as a roofing contractor, and the Division may conduct a criminal history records search.

A roofing contractor has to maintain liability insurance; maintain Workers' Compensation coverage; maintain active status as a corporation, limited liability company, limited liability partnership, or limited partnership certificate of authority; maintain the roofing contractor registration certificate; notify the Division of any act or omission; maintain registration if required in another state; file and pay all taxes due.

The roofing contractor registration certificate can be renewed each year, with a 30-day grace period.

The bill prohibits a roofing contractor from:

(1) Abandoning a roofing contract without legal grounds after money has been paid;

(2) Diverting any funds entrusted to a roofing contractor;

(3) Engaging in fraudulent or deceptive practices;

(4) Making false or misleading statements;

(5) Violating a court judgment;

(6) Engaging in work without a roofing contractor registration certificate;

(7) Engaging in work without a required permit;

(8) Failing to comply with tax laws;

(9) Damaging or injuring a person or property for which the liability insurance coverage is inadequate; or

(10) Failing to comply with the registration requirements.

The bill allows complaints to be filed with the Attorney General's office.

A nonresident of the state may apply for a Missouri Roofing Contractor Registration Certificate.

Roofing contractors must supply their registration number in order to receive a permit and must display their registration number on each commercial vehicle, business sign, card, correspondence, and contract.

Violations of the provisions of the bill will be deemed a deceptive and unconscionable practice under the Merchandising Practices Act.

The bill establishes a "Roofing Contractor Registration Fund" for the registration of roofing contractors.

The provisions of the bill do not apply to:

(1) The owner of property who physically performs roofing services on his or her own dwelling; (2) Any authorized employee of the federal, state, or local government;

(3) Any person who supplies merchandise to be attached to a property;

(4) Any person employed by a manufactured home manufacturer;

(5) Any person employed by a manufactured home dealer;

(6) Any person employed as a manufactured home installer;

(7) Any person who provides roofing services that in a fiscal year is less than $2000, unless the person advertises that he or she is a roofing contractor.

Violation of the provisions of the bill is a class D misdemeanor. A second conviction within 10 years is a class B misdemeanor.

This bill is the same as HB 2576 (2020) and similar to HB 2327 (2020).

Statutes affected:
Introduced (1299H.01): 324.1200, 324.1202, 324.1204, 324.1206, 324.1208, 324.1210, 324.1212, 324.1214, 324.1216, 324.1218, 324.1220, 324.1222, 324.1224, 324.1226, 324.1228, 324.1230, 324.1232, 324.1234