SPONSOR: Kidd
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: