SCS/SB 756 - Under this act, no person shall engage in the business of, or act in the capacity of, a roofing contractor within this state without a valid registration certificate after August 28, 2021. A roofing contractor shall mean a person or entity with the experience, knowledge, and skill to construct, reconstruct, alter, maintain, and repair roofs and use materials and items used in the construction, reconstruction, alteration, maintenance, and repair of all kinds of roofing and waterproofing as related to roofing. "Roofing contractor" shall not mean a person engaged in the demolition of a structure or the cleanup of construction waste and debris that contains roofing material, or a person working under the direct supervision of a roofing contractor and who is hired by such roofing contractor as an employee, day laborer, or contract laborer. Any person who fails to obtain a valid registration certificate prior to acting as a roofing contractor, and any person who acts as a roofing contractor while such person's registration certificate is suspended or revoked, shall be liable for a civil penalty as set forth in the act. Any roofing contractor utilizing an independent contractor to engage in commercial or residential roofing services shall ensure that such independent contractor has a valid registration certificate. If a roofing contractor is found to be utilizing an independent contractor that is not certified, such roofing contractor shall be subject to having her or her registration certificate revoked, and shall be subject to penalties set forth in the act. (Section 324.1202) A roofing contractor registration certificate shall be granted to any applicant who is 18 years of age or older who submits an application containing certain elements set forth in the act, and who pays the $250 fee. The Division of Professional Registration shall refuse to register any person if the applicant fails or refuses to provide any information required by the act, has a suspended or revoked registration in this state or in another state, or has failed to provide a current tax clearance certificate or letter from the Department of Revenue. The Division shall notify an applicant in writing if an application for a registration certificate or renewal of a registration certificate is denied and shall provide the applicant with an opportunity to respond to or cure any defect in the written application or renewal for a period of 10 days from the date of written notification. An applicant aggrieved by a decision of the Division may appeal the decision to the Administrative Hearing Commission, or may reapply after the expiration of a 90 day waiting period if such applicant is otherwise eligible under the act. If the Division determines that a person's registration is no longer considered to be in good standing due to circumstances set forth in the act, the Division shall send a written notice to such person. Any person who has been notified by the Division that his or her registration is not in good standing shall cease soliciting or entering into new roofing services and projects as of the date of such notification. Such roofing contractor shall be permitted to complete roofing projects if actual physical work has begun. If a roofing contractor fails to correct the deficiency within 30 days, such contractor's registration certificate shall be revoked. The roofing contractor may reinstate such registration to good standing by paying the required fees and complying with all requirements for issuance of a registration certificate in good standing. (Section 324.1206) All applications for a registration certificate and renewal applications shall require the applicant to disclose if he or she has been convicted of a felony offense in this state, another state, or any other place, and the nature of the offense. However, conviction of an offense shall not disqualify a person from registration as a roofing contractor, provided the applicant has truthfully disclosed the conviction and nature of the offense. (Section 324.1208) Within 60 days from the date of application, the Division shall either issue or deny the roofing contractor registration certificate. Any registration certificate issued on an original application entitles the person to act as a roofing contractor within the state until the expiration of the fiscal year ending June 30, except that an initial registration certificate issued in May or June shall be valid until June 30 of the subsequent year. (Section 324.1210) The holder of a roofing contractor registration certificate may engage in the roofing business within this state, subject to certain limitations set forth in the act, including that a roofing contractor's registration certificate number shall be valid and in good standing at the time of soliciting a project and during subsequent job performance. Additionally, such certificate number shall be submitted when applying for any permit for commercial or residential roofing services or projects, and shall be written upon each permit issued. Such certificate shall not be shared or used by any other individual or business entity, except as set forth in the act. (Section 324.1212) No later than 10 days after the date of change in a roofing contractor's name, address, or legal service agent, or upon ceasing business as a roofing contractor, such person shall notify the Division. A change of name or address shall be accompanied by a fee of $50. Conducting business under a new business name or a change in legal status of a business shall require issuance of a new registration certificate. When a roofing contractor ceases business of a roofing contractor, the Division shall suspend the registration certificate as soon as practical after receiving the notification. (Section 324.1214) Any roofing contractor registration certificate may be renewed for each successive fiscal year. The applicant shall file a renewal application by June 30 and pay the required renewal fee. If a roofing contractor fails to file a renewal application by the deadline, such contractor's registration certificate shall be deemed to not be in good standing. A roofing contractor shall have a 30 day grace period to renew such registration certificate after the deadline without a late fee. If the certificate is not renewed before July 31, the certificate shall be revoked. If a roofing contractor wishes to reinstate his or her registration certificate after it has been revoked, he or she shall pay a reinstatement fee of $750 plus the registration fee. (Section 324.1216) Roofing contractors shall be prohibited from certain practices set forth in the act, including abandoning a roofing contract without legal grounds after a deposit of money or other consideration has been paid, or engaging in work without a valid registration certificate or without obtaining a proper permit as required by any state or local authority. Any person may file a complaint with the Attorney General alleging a violation. Such complaint may be investigated by the Attorney General, and the Attorney General shall be permitted to investigate to the extent set forth in the act. (Section 324.1218) Any nonresident contractor applying for a registration certificate shall sign and file the application, and appoint the Secretary of State as the applicant's true and lawful agent upon whom may be served all lawful process in any action or proceeding against such nonresident contractor for construction projects performed in the state. Such appointment shall be evidence of the roofing contractor's consent that any process against the contractor which is served upon the Secretary of State shall be of the same legal force and effect as if served upon the contractor personally within this state. (Section 324.1220) When applying for any permit required by the state or any political subdivision for roofing services, a roofing contractor shall supply the permit-issuing official with the roofing contractor's registration certificate number, which shall be entered on the permit. A roofing contractor shall display such certificate number on each commercial vehicle used for roofing services and upon every business sign, card, correspondence, and contract used to solicit and conduct roofing services in this state. (Section 324.1222) Upon request, the Division shall verify a roofing contractor registration certificate number to city, county, and state enforcement officials and to the public. The Division shall also establish a system for the public to confirm roofing contractor registration certificates, and such system shall include a listing of valid registration certificates and other information deemed important by the Division. Such system may also include a notation for any conviction of a criminal violation when disclosed by a criminal history records search on the individual roofing contractor. (Section 324.1224) The provisions of this act shall be construed to be in addition to, and not in lieu of any required licensure of persons in the state, and shall not be deemed to conflict with or affect the authority of any state or local agency. (Section 324.1226) Any violation of the act shall be deemed to be a deceptive or unconscionable act or practice under the provisions of the Missouri Merchandising Practices Act. Further, this act shall be part of and supplemental to the Missouri Merchandising Practices Act. (Section 324.1328) This act establishes the Roofing Contractor Registration Fund in the State Treasury, to be used by the Division for the administration of this act. (Section 324.1230) Certain individuals set forth in the act shall be exempt from the provisions of this act. Such individuals include an actual owner of property who physically performs or has employees who perform roofing services on such owner's own dwelling or structure located on such person's property. (Section 324.1232) Any person who violates any provision of this act shall be guilty of a Class D misdemeanor. A second conviction for violating any provision of the act within 10 years after the first conviction shall be a Class B misdemeanor. (Section 324.1234) This act is substantially similar to HB 2327 (2020) and HB 2576 (2020). JOSIE BUTLER