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Oklahoma Legislature· HB 1628Becomes law without Governor's signature 05/28/2025

An act relating to professions and occupations, the official text

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1                     STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1628                 By: Sneed

4

5

6                               AS INTRODUCED

7   An Act relating to professions and occupations;

    amending 59 O.S. 2021, Section 1151.2a, which relates

8   to the Construction Industries Board; authorizing the

    Construction Industries Board to administer and

9   enforce residential roofer endorsement provisions;

    amending 59 O.S. 2021, Section 1151.5, which relates

10  to roofing contractor registration; modifying various

    requirements to obtain a roofing contractor license;

11  amending 59 O.S. 2021, Section 1151.8, which relates

    to registration fees; modifying registration fees;

12  establishing the residential roofer endorsement

    examination; providing for codification; and

13  providing an effective date.

14

15

16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

17  SECTION 1.        AMENDATORY  59 O.S. 2021, Section 1151.2a, is

18 amended to read as follows:

19  Section 1151.2a. A. The Construction Industries Board is

20 authorized to administer and enforce the Roofing Contractor

21 Registration Act.

22  B. 1. The Construction Industries Board is authorized to

23 administer and enforce the commercial roofer endorsement provisions

24 of the Roofing Contractor Registration Act.

    Req. No. 10105                                              Page 1
1   2. The Construction Industries Board shall have the authority

2 to administer and enforce the provisions of the commercial roofer

3 endorsement provisions of the Roofing Contractor Registration Act,

4 including the authority to:

5   a. establish the examination and continuing education

6   requirements and procedures for endorsements of

7   persons desiring or intending to engage in the

8   business or trade of a commercial roofing contractor

9   with the advice and input from the Committee of

10  Roofing Examiners using assistance from a third-party

11  vendor as necessary and appropriate,

12  b. establish and enforce the minimum standards of

13  commercial roofer endorsements in this state and rules

14  promulgated pursuant to the commercial roofer

15  endorsement provisions of the Roofing Contractor

16  Registration Act with the advice and input from the

17  Committee of Roofing Examiners,

18  c. promulgate, prescribe, amend, and repeal rules

19  necessary to implement the provisions of the

20  commercial roofer endorsement of the Roofing

21  Contractor Registration Act with the advice and input

22  from the Committee of Roofing Examiners,

23  d. issue, renew, suspend, revoke, modify or deny

24  endorsements to engage in commercial roofing

    Req. No. 10105                                     Page 2
1   contractor work pursuant to the Roofing Contractor

2   Registration Act,

3   e. conduct investigations for the purpose of inspecting

4   commercial roofer endorsements for compliance with the

5   commercial roofer endorsement provisions of the

6   Roofing Contractor Registration Act, and of the rules

7   of the Board promulgated pursuant thereto, into the

8   qualifications of applicants and allegations of

9   violations,

10  f. establish and levy administrative fines against any

11  person who violates any of the provisions of the

12  commercial roofer endorsement standards of the Roofing

13  Contractor Registration Act or any rule promulgated

14  pursuant thereto, not to exceed five percent (5%) of

15  the commercial job. For any residential job on a

16  first violation the Board may issue a warning; on any

17  second violation levy and administrative fine not to

18  exceed Five Hundred Dollars ($500.00); on a third

19  violation, levy an administrative fine not to exceed

20  Three Thousand Five Hundred Dollars ($3,500.00); and

21  for any subsequent violation, revoke the registration

22  and commercial roofer endorsement,

23  g. initiate disciplinary proceedings and provide hearings

24  on any person who violates any of the provisions of

    Req. No. 10105                                     Page 3
1   the commercial roofer endorsement standards of the

2   Roofing Contractor Registration Act or any rule

3   promulgated pursuant thereto,

4   h. request prosecution of and initiate injunctive

5   proceedings against any person who violates any of the

6   provisions of the commercial roofers endorsement in

7   the Roofing Contractor Registration Act or any rule

8   promulgated pursuant to the commercial roofer

9   endorsement of the Roofing Contractor Registration

10  Act, and

11  i. exercise all incidental powers as necessary and proper

12  to implement and enforce the provisions of the

13  commercial roofer endorsement of the Roofing

14  Contractor Registration Act and the rules promulgated

15  pursuant thereto.

16  C. 1. The Construction Industries Board is authorized to

17 administer and enforce the residential roofer endorsement provisions

18 of the Roofing Contractor Registration Act.

19  2. The Construction Industries Board shall have the authority

20 to administer and enforce the provisions of the residential roofer

21 endorsement provisions of the Roofing Contractor Registration Act,

22 including the authority to:

23  a. establish the examination and continuing education

24  requirements and procedures for endorsements of

    Req. No. 10105                                            Page 4
1   persons desiring or intending to engage in the

2   business or trade of a residential roofing contractor

3   with the advice and input from the Committee of

4   Roofing Examiners using assistance from a third-party

5   vendor as necessary and appropriate,

6   b. establish and enforce the minimum standards of

7   residential roofer endorsements in this state and

8   rules promulgated pursuant to the residential roofer

9   endorsement provisions of the Roofing Contractor

10  Registration Act with the advice and input from the

11  Committee of Roofing Examiners,

12  c. promulgate, prescribe, amend, and repeal rules

13  necessary to implement the provisions of the

14  residential roofer endorsement of the Roofing

15  Contractor Registration Act with the advice and input

16  from the Committee of Roofing Examiners,

17  d. issue, renew, suspend, revoke, modify, or deny

18  endorsements to engage in residential roofing

19  contractor work pursuant to the Roofing Contractor

20  Registration Act,

21  e. conduct investigations for the purpose of inspecting

22  residential roofer endorsements for compliance with

23  the commercial roofer endorsement provisions of the

24  Roofing Contractor Registration Act, and of the rules

    Req. No. 10105                                     Page 5
1   of the Board promulgated pursuant thereto, into the

2   qualifications of applicants and allegations of

3   violations,

4   f. establish and levy administrative fines against any

5   person who violates any of the provisions of the

6   residential roofer endorsement standards of the

7   Roofing Contractor Registration Act or any rule

8   promulgated pursuant thereto. For any residential

9   job, on a first violation, the Board may issue a

10  warning; on any second violation, levy an

11  administrative fine not to exceed Five Hundred Dollars

12  ($500.00); on a third violation, levy an

13  administrative fine not to exceed Three Thousand Five

14  Hundred Dollars ($3,500.00); and for any subsequent

15  violation, revoke the registration and residential

16  roofer endorsement,

17  g. initiate disciplinary proceedings and provide hearings

18  on any person who violates any of the provisions of

19  the residential roofer endorsement standards of the

20  Roofing Contractor Registration Act or any rule

21  promulgated pursuant thereto,

22  h. request prosecution of and initiate injunctive

23  proceedings against any person who violates any of the

24  provisions of the residential roofers endorsement in

    Req. No. 10105                                     Page 6
1               the Roofing Contractor Registration Act or any rule

2               promulgated pursuant to the residential roofer

3               endorsement of the Roofing Contractor Registration

4               Act, and

5        i. exercise all incidental powers as necessary and proper

6               to implement and enforce the provisions of the

7               residential roofer endorsement of the Roofing

8               Contractor Registration Act and the rules promulgated

9               pursuant thereto.

10  SECTION 2.      AMENDATORY     59 O.S. 2021, Section 1151.5, is

11 amended to read as follows:

12  Section 1151.5. A. Applications for registration shall be made

13 to the Construction Industries Board in writing on forms approved

14 and provided by the Board and shall be accompanied by the proper

15 fee.

16  B. An applicant or qualifying party whose registration is

17 denied, or the person has a conviction, or pled guilty or nolo

18 contendere to a misdemeanor, or otherwise fails to meet the

19 requirements of application, may obtain a hearing before the

20 Committee of Roofing Examiners in order to provide information in

21 support of the application requirements and any other information

22 showing the applicant's ability and willingness to comply with the

23 requirements of the Roofing Contractor Registration Act, and to

24 protect the public health, safety and welfare.

    Req. No. 10105                                                  Page 7
1   C. To obtain a roofing contractor registration under the

2 Roofing Contractor Registration Act, a qualifying party who is

3 eighteen (18) years of age or older shall submit, on forms the

4 registrar prescribes:

5   1. An application under oath containing a statement:

6   a. of the qualifying party's experience and

7   qualifications as a roofing contractor, if any,

8   b. that the qualifying party desires the issuance of a

9   roofing contractor registration certificate,

10  c. that the qualifying party has read the Roofing

11  Contractor Registration Act and will comply with the

12  provisions of the Roofing Contractor Registration Act

13  and rules,

14  d. that the qualifying party will comply with state laws

15  and local ordinances relating to standards and

16  permits,

17  e. that the qualifying party has or has not been

18  registered or licensed as a roofing contractor in

19  another state and whether any disciplinary action has

20  been taken against such registration or license and

21  whether it is currently in good standing, and

22  f. that the nonresident qualifying party appoints the

23  Secretary of State as legal service agent for all

24  lawful process to be served upon the applicant for

    Req. No. 10105                                                Page 8
1   work performed in this state or as otherwise provided

2   in the Roofing Contractor Registration Act;

3   2. The qualifying party's name, physical address and proof

4 thereof, business name, telephone number, address and place of

5 incorporation, if different, information on any other person who

6 will be authorized to act as the business entity, and the

7 applicant's phone telephone number, if different;

8   3. The entity's federal tax ID number, or the employer's or

9 owner's or qualifying party's social security Social Security

10 number, and the employer's account number assigned by the Oklahoma

11 Employment Security Commission. The social security Social Security

12 number information shall remain with the registrar as confidential

13 and privileged except for necessary disclosures to state agencies to

14 verify compliance with requirements with this act, or upon request

15 by law enforcement; and

16  4. A copy of the roofing contractor's certificate of liability

17 insurance shall be filed with the application and shall be not less

18 than Five Hundred Thousand Dollars ($500,000.00) for residential

19 roofing contractor work and shall not be less than One Million

20 Dollars ($1,000,000.00) for commercial roofing contractor work.

21 Additionally, the Construction Industry Board and the Oklahoma

22 Roofing Contractors Association must be listed as a certificate

23 holder. Any insurance company issuing a liability policy to a

24 roofing contractor pursuant to the provisions of the Roofing

    Req. No. 10105                                                  Page 9
1 Contractor Registration Act shall be required to notify the

2 Construction Industries Board in the event such liability policy is

3 cancelled for any reason or lapses for nonpayment of premiums. All

4 registrations granted under the Roofing Contractor Registration Act

5 shall be suspended on the date of the policy cancellation. The

6 registrar must receive proof of insurance prior to restoring the

7 registration.

8   In addition, the roofing contractor shall submit proof that the

9 contractor has secured workers' compensation coverage satisfactory

10 under the Workers' Compensation Act, or an affidavit of exemption or

11 self-insurance as authorized pursuant to the Workers' Compensation

12 Act. If the registrar deems it appropriate or necessary, the

13 registrar may also require other information to be included on the

14 application form to assist the registrar in registering the person

15 as a contractor.

16  D. The qualifying party applying for a commercial roofer

17 endorsement must provide information on the legal entity, including

18 but not limited to the articles, organizational agreements or

19 documents establishing the legal entity, including a list of the

20 officers, members, managers, partners, or other managing agents of

21 the legal entity. The qualifying party shall also provide a

22 certificate of good standing or a trade name report from the Office

23 of the Secretary of State.

24

    Req. No. 10105                                                Page 10
1   E. The registrar shall refuse to register any person if the

2 registrar determines:

3   1. The application contains false, misleading, or incomplete

4 information;

5   2. The applicant fails to provide a certificate of good

6 standing or a trade name report from the Office of the Secretary of

7 State;

8   3. The applicant, qualifying party, or any member of the legal

9 entity fails or refuses to provide any information requested by the

10 registrar;

11  4. The applicant fails or refuses to pay the required fees;

12  5. The applicant, qualifying party, or owner or officer or

13 managing member of the legal entity is ineligible for registration

14 due to a suspended or revoked registration in this state;

15  6. The nonresident applicant has a revoked or suspended

16 registration or license required by law for roofing contractors in

17 another state; or

18  7. The applicant, qualifying party, or legal entity has failed

19 or refuses to submit any taxes due in this state.

20  F. The registrar shall notify the applicant in writing if the

21 registrar denies a registration or renewal certificate, and shall

22 provide the applicant an opportunity to respond to or cure any

23 defect in the written application or renewal for a period of ten

24 (10) days from the date of the written notification. An applicant

    Req. No. 10105                                                 Page 11
1 aggrieved by a decision of the registrar denying a registration or

2 renewal may appeal the decision as provided in the Roofing

3 Contractor Registration Act, the Construction Industries Board Act,

4 or the Administrative Procedures Act, or the applicant may reapply

5 after a ninety-day waiting period, if otherwise eligible under the

6 provisions of the Roofing Contractor Registration Act. The

7 application and renewal fees shall not be refundable.

8   G. The registrar shall classify as not in good standing the

9 registration of any roofing contractor who fails to:

10  1. Maintain liability insurance coverage;

11  2. Maintain workers' compensation coverage satisfactory under

12 the Workers' Compensation Act, or provide an affidavit of exemption

13 or self-insurance as authorized pursuant to the Workers'

14 Compensation Act;

15  3. File, renew, or properly amend any fictitious name

16 certificate;

17  4. Maintain an active status of a corporation or registration

18 as a foreign corporation, a limited liability company or

19 registration as a foreign limited liability company, a limited

20 liability partnership registration or foreign limited liability

21 partnership registration, or a limited partnership certificate or

22 limited partnership or foreign limited partnership certificate of

23 authority, with the Office of the Secretary of State;

24  5. File or renew a trade name registration;

    Req. No. 10105                                                 Page 12
1      6. Maintain or renew a roofing contractor registration as

2 provided in the Roofing Contractor Registration Act;

3      7. Notify the registrar of a change in name, address, legal

4 business entity, qualifying party, legal service agent, or

5 adjudication by a court of competent jurisdiction for any act or

6 omission specified in subsection A of Section 1151.14 of this title

7 or a violation of the Roofing Contractor Registration Act;

8      8. Maintain a registration as required by law in another state

9 while registered in this state as a nonresident roofing contractor;

10 or

11     9. File and pay all taxes of the qualifying party and legal

12 entity when due in this state.

13     H. The registrar shall send a written notice to the qualifying

14 party when his or her registration is not in good standing.

15     I. Any roofing contractor who has been notified by the

16 registrar that his or her registration is not in good standing shall

17 cease soliciting or entering new roofing services and projects as of

18 the date of such notification; however, the roofing contractor shall

19 be allowed to complete roofing projects where actual physical work

20 has begun prior to the date of issuance of the notice that his or

21 her registration is not in good standing. The roofing contractor

22 must disclose the change in standing to any homeowner or other

23 person who has an interest in any job covered under the Roofing

24 Contractor Registration Act. Upon notice of a change in standing,

    Req. No. 10105                                                Page 13
1 the homeowner shall have the option to cancel the contract. The

2 roofing contractor will be owed the actual cost incurred for

3 materials and the market value of labor already incurred on the job.

4 The roofing contractor must obtain an updated authorization from the

5 homeowner and other parties of interest if there is an agreement to

6 continue the job as originally negotiated. If the roofing

7 contractor fails to correct the deficiency specified in the notice

8 by evidence satisfactory to the registrar within thirty (30) days of

9 the date of the notice, or if the roofing contractor solicits or

10 enters into new roofing services contracts or projects while the

11 roofing contractor's registration is not in good standing, or while

12 such registration is suspended or revoked, the roofing contractor

13 shall be in violation of the provisions of the Roofing Contractor

14 Registration Act.

15  J. Any registration that remains not in good standing for a

16 sixty-day period shall be suspended on the sixtieth day from the

17 date of issuance of the notice to the roofing contractor that his or

18 her registration is not in good standing. Any registration that

19 remains not in good standing, and is suspended for such cause, shall

20 be revoked on the ninetieth day from the date of issuance of the

21 notice to the roofing contractor that his or her registration is not

22 in good standing. The registrar shall notify the roofing contractor

23 upon suspension or revocation of his or her registration for failure

24 to comply in bringing such registration into good standing as

    Req. No. 10105                                                Page 14
1 required by law. The roofing contractor may reinstate his or her

2 registration to good standing by paying the required fees provided

3 in Section 1151.12 of this title and complying with all other

4 requirements for issuance of a registration in good standing.

5   K. Any registrant, qualifying party, or roofing company owner

6 aggrieved by the decision of the registrar to suspend or revoke a

7 registration pursuant to this section may appeal such decision as

8 provided in this act or the Administrative Procedures Act.

9   L. For any suspended license, the contractor's registration

10 number will be null and void and the contractor will be required to

11 submit a new application that meets the requirements under this act.

12  SECTION 3.      AMENDATORY   59 O.S. 2021, Section 1151.8, is

13 amended to read as follows:

14  Section 1151.8. A. At the time of making application for a

15 roofing contractor registration certificate pursuant to the Roofing

16 Contractor Registration Act, the applicant shall pay to the

17 registrar a fee of Seventy-five Dollars ($75.00) Five Hundred

18 Dollars ($500.00) for the annual initial registration certificate.

19  B. All monies collected by the registrar for roofing contractor

20 registration applications, renewals and other fee assessments shall

21 be deposited by the registrar and credited to the Roofing Contractor

22 Registration Revolving Fund and such funds shall be used by the

23 registrar to implement and administer the provisions of the Roofing

24 Contractor Registration Act.

    Req. No. 10105                                                Page 15
1   C. The fee to be submitted with an application for a roofing

2 contractor registration may be prorated as set by the provisions of

3 the Roofing Contractor Registration Act or rules. Unless prorated

4 at the time of initial registration, fees for initial registration

5 shall be paid in the amount stated in subsection A of this section

6 and such registration certificates shall expire each year on the

7 last day of the birth month of the qualifying party. Renewals will

8 be prorated as provided in Section 1151.3 of this title.

9   D. A renewal fee for a roofing contractor registration shall be

10 Seventy-five Dollars ($75.00) Two Hundred Fifty Dollars ($250.00)

11 for the annual renewal registration certificate.

12  E. A lapsed or expired roofing contractor registration shall

13 result in a Five-Hundred-Dollar ($500.00) reinstatement fee.

14  SECTION 4.      NEW LAW  A new section of law to be codified

15 in the Oklahoma Statutes as Section 1151.25a of Title 59, unless

16 there is created a duplication in numbering, reads as follows:

17  A. Except as otherwise provided in the Roofing Contractor

18 Registration Act, on and after November 1, 2025, every roofing

19 contractor offering to engage in or engaging in performing

20 residential roofing contractor work in this state shall be required

21 to receive a residential roofing endorsement. To receive a

22 residential roofing endorsement the roofing contractor shall be

23 required to take and successfully pass a residential roofing

24 examination approved under the provisions of this act, and be in

    Req. No. 10105                                                 Page 16
1 compliance with all other provisions of the act and rules thereof

2 before acting or being endorsed as a residential roofing contractor.

3 For applicants who have been registered and in good standing with

4 the Construction Industries Board since November 1, 2022, there will

5 be a twelve-month grandfathering-in period from November 1, 2025, to

6 either pass the exam or complete an additional ten (10) hours of

7 continuing education credits to be granted a residential roofer

8 endorsement.

9   B. Examinations for a residential roofer endorsement shall be

10 uniform and practical in nature and sufficiently strict to test the

11 qualifications and fitness of the applicants for endorsement.

12 Examinations shall be in whole or in part in writing. Examinations

13 shall be offered at least monthly; dates, times, and locations are

14 to be determined by the registrar or third-party vendor with

15 approval of the registrar.

16  C. Any applicant initially failing to pass the examination

17 shall not be permitted to take another examination for a period of

18 thirty (30) days. Any applicant subsequently failing to pass the

19 examination shall not be permitted to take another examination for a

20 period of ninety (90) days. However, in a declared state of

21 emergency, the examination shall be available as often as possible

22 as determined by the registrar.

23  D. No residential roofer endorsement shall be renewed unless

24 the qualifying party has completed the required hours of continuing

    Req. No. 10105                                                Page 17
1 education, as determined and approved by the Committee of Roofing

2 Examiners and the Construction Industries Board.

3   E. For all new applicants not registered and in good standing

4 with the Construction Industries Board prior to November 1, 2025,

5 the Construction Industries Board will issue a residential roofer

6 endorsement to qualifying applicants no sooner than thirty (30) days

7 from the date of the application. New applicants shall not be

8 allowed to sell, offer, bid, inspect or perform any residential

9 roofing contractor work in this state until a residential roofer

10 endorsement is issued.

11  F. For all applicants registered and in good standing with the

12 Construction Industries Board prior to November 1, 2025:

13  1. The residential roofer endorsement shall be issued

14 immediately upon compliance with the provisions of this section; and

15  2. Shall be allowed to continue residential roofing contractor

16 work at all times during the residential roofer endorsement

17 application process.

18  SECTION 5. This act shall become effective November 1, 2025.

19

20  60-1-10105      TKR    01/15/25

21

22

23

24

    Req. No. 10105                                               Page 18
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