Req. No. 13167 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1628 By: Sneed COMMITTEE SUBSTITUTE An Act relating to professions and occupations; amending 59 O.S. 2021, Section 1151.2a, which relates to the Construction Industries Board; authorizing the Construction Industries Board to administer and enforce residential roofer endorsement provisions; amending 59 O.S. 2021, Section 1151.5, which relates to roofing contractor registration; modifying vari ous requirements to obtain a roofing contractor license; amending 59 O.S. 2021, Section 1151.8, which relates to registration fees; modifying registration fees; establishing the residential roofer endorsement examination; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 59 O.S. 2021, Section 1151.2a, is amended to read as follows: Section 1151.2a. A. The Construction Industries Boa rd is authorized to administer and enforce the Roofing Contractor Registration Act. Req. No. 13167 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. 1. The Construction Industries Board is authorized to administer and enforce the commercial roofer endorsement provisions of the Roofing Contractor Registration Act. 2. The Construction Industries Board shall have the authority to administer and enforce the provisions of the commercial roofer endorsement provisions of the Roofing Contractor Registration Act, including the authority to: a. establish the examination and continuing education requirements and procedures for endorsements of persons desiring or intending to engage in the business or trade of a commercial roofing contractor with the advice and input from the Committee of Roofing Examiners using assistance from a third-party vendor as necessary and appropriate, b. establish and enforce the minimum standards of commercial roofer endorsements in this state and rules promulgated pursuant to the commercial roofer endorsement provisions of the Roofing Contractor Registration Act with the advice and input from the Committee of Roofing Examiners, c. promulgate, prescribe, amend, and repeal rules necessary to implement the provisions of the commercial roofer endorsement of the Roofing Req. No. 13167 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Contractor Registration Act with the advice and input from the Committee of Roofing Examiners, d. issue, renew, suspend, revoke, modify or deny endorsements to engage in commercial roofing contractor work pursuant to the Roofing Contractor Registration Act, e. conduct investigations for the purpose of inspecting commercial roofer endorsements for compliance with the commercial roofer endorsement provisions of the Roofing Contractor Registration Act, and of the rules of the Board promulgated pursuant thereto, into the qualifications of applica nts and allegations of violations, f. establish and levy administrative fines against any person who violates any of the provisions of the commercial roofer endorsement standards of the Roofing Contractor Registration Act or any rule promulgated pursuant thereto, not to exceed five percent (5%) of the commercial job. For any residential job on a first violation the Board may issue a warning; on any second violation levy and administrative fine not to exceed Five Hundred Dollars ($500.00); on a third violation, levy an administrative fine not to exceed Three Thousand Five Hundred Dollars ($3,500.00); and Req. No. 13167 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 for any subsequent violation, revoke the registration and commercial roofer endorsement, g. initiate disciplinary proceedings and provide hearings on any person who violates any of the provisions of the commercial roofer endorsement standards of the Roofing Contractor Registration Act or any rule promulgated pursuant thereto, h. request prosecution of and initiate injunctive proceedings against any person who violates any of the provisions of the commercial roofers endorsement in the Roofing Contractor Registration Act or any rule promulgated pursuant to the commercial roofer endorsement of the Roofing Contractor Registration Act, and i. exercise all incidenta l powers as necessary and proper to implement and enforce the provisions of the commercial roofer endorsement of the Roofing Contractor Registration Act and the rules promulgated pursuant thereto. C. 1. The Construction Industries Board is authorized to administer and enforce the residential roofer endorsement provisions of the Roofing Contractor Registration Act. 2. The Construction Industries Board shall have the authority to administer and enforce the provisions of the residential roofer Req. No. 13167 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 endorsement provisions of the Roofing Contractor Registration Act, including the authority to: a. establish the examination and continuing education requirements and procedures for endorsements of persons desiring or intending to engage in the business or trade of a re sidential roofing contractor with the advice and input from the Committee of Roofing Examiners using assistance from a third -party vendor as necessary and appropriate, b. establish and enforce the minimum standards of residential roofer endorsements in thi s state and rules promulgated pursuant to the residential roofer endorsement provisions of the Roofing Contractor Registration Act with the advice and input from the Committee of Roofing Examiners, c. promulgate, prescribe, amend, and repeal rules necessary to implement the provisions of the residential roofer endorsement of the Roofing Contractor Registration Act with the advice and input from the Committee of Roofing Examiners, d. issue, renew, suspend, revoke, modify, or deny endorsements to engage in re sidential roofing contractor work pursuant to the Roofing Contractor Registration Act, Req. No. 13167 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e. conduct investigations for the purpose of inspecting residential roofer endorsements for compliance with the residential roofer endorsement provisions of the Roofing Contractor Registration Act, and of the rules of the Board promulgated pursuant thereto, into the qualifications of applicants and allegations of violations, f. establish and levy administrative fines against any person who violates any of the provisions o f the residential roofer endorsement standards of the Roofing Contractor Registration Act or any rule promulgated pursuant thereto. For any residential job, on a first violation, the Board may issue a warning or levy an administrative fine not to exceed Five Hundred Dollars ($500.00); on any second violation, levy an administrative fine not to exceed One Thousand Dollars ($1,000.00); on a third violation, levy an administrative fine not to exceed Three Thousand Five Hundred Dollars ($3,500.00); and for any subsequent violation, revoke the registration and residential roofer endorsement, g. initiate disciplinary proceedings and provide hearings on any person who violates any of the provisions of the residential roofer endorsement standards of the Req. No. 13167 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Roofing Contractor Registration Act or any rule promulgated pursuant thereto, h. request prosecution of and initiate injunctive proceedings against any person who violates any of the provisions of the residential roofers endorsement in the Roofing Contractor Registra tion Act or any rule promulgated pursuant to the residential roofer endorsement of the Roofing Contractor Registration Act, and i. exercise all incidental powers as necessary and proper to implement and enforce the provisions of the residential roofer endo rsement of the Roofing Contractor Registration Act and the rules promulgated pursuant thereto. SECTION 2. AMENDATORY 59 O.S. 2021, Section 1151.5, is amended to read as follows: Section 1151.5. A. Applications for registration s hall be made to the Construction Industries Board in writing on forms approved and provided by the Board and shall be accompanied by the proper fee. B. An applicant or qualifying party whose registration is denied, or the person has a conviction, or pled guilty or nolo contendere to a misdemeanor, or otherwise fails to meet the requirements of application, may obtain a hearing before the Req. No. 13167 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Committee of Roofing Examiners in order to provide information in support of the application requirements and any other information showing the applicant's ability and willingness to comply with the requirements of the Roofing Contractor Registration Act, and to protect the public health, safety and welfare. C. To obtain a roofing contractor registration under the Roofing Contractor Registration Act, a qualifying party who is eighteen (18) years of age or older shall submit, on forms the registrar prescribes: 1. An application under oath containing a statement: a. of the qualifying party 's experience and qualifications as a roofing contractor, if any, b. that the qualifying party desires the issuance of a roofing contractor registration certificate, c. that the qualifying party has read the Roofing Contractor Registration Act and will comply with the provisions of the Roofi ng Contractor Registration Act and rules, d. that the qualifying party will comply with state laws and local ordinances relating to standards and permits, e. that the qualifying party has or has not been registered or licensed as a roofing contractor in another state and whether any disciplinary action has Req. No. 13167 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 been taken against such registration or license and whether it is currently in good standing, and f. that the nonresident qualifying party appoints the Secretary of State as legal service agent for all lawful process to be served upon the applicant for work performed in this state or as otherwise provided in the Roofing Contractor Registration Act; 2. The qualifying party 's name, physical address and proof thereof, business name, telephone number, address and place of incorporation, if different, information on any other person who will be authorized to act as the business entity, and the applicant's phone telephone number, if different; 3. The entity's federal tax ID number, or the employer 's or owner's or qualifying party's social security Social Security number, and the employer 's account number assigned by the Oklahoma Employment Security Commission. The social security Social Security number information shall remain with the registrar as confidential and privileged except for necessary disclosures to state agencies to verify compliance with requirements with this act, or upon request by law enforcement; and 4. A copy of the roofing contractor 's certificate of liability insurance shall be filed with t he application and shall be not less than Five Hundred Thousand Dollars ($500,000.00) for residential roofing contractor work and shall not be less than One Million Req. No. 13167 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Dollars ($1,000,000.00) for commercial roofing contractor work. Additionally, the Construc tion Industries Board must be listed as a certificate holder. Any insurance company issuing a liability policy to a roofing contractor pursuant to the provisions of the Roofing Contractor Registration Act shall be required to notify the Construction Industries Board in the event such liability policy is cancelled for any reason or lapses for nonpayment of premiums. All registrations granted under the Roofing Contractor Registration Act shall be suspended on the date of the policy cancellation. The registrar must receive proof of insurance prior to restoring the registration. In addition, the roofing contractor shall submit proof that the contractor has secured workers ' compensation coverage satisfactory under the Workers' Compensation Act, or an affidavit of exemption or self-insurance as authorized pursuant to the Workers ' Compensation Act. If the registrar deems it appropriate or necessary, the registrar may also require other information to be included on the application form to assist the registrar in registering the person as a contractor. D. The qualifying party applying for a commercial roofer endorsement must provide information on the legal entity, including but not limited to the articles, organizational agreements or documents establishing the legal entity, including a list of the officers, members, managers, partners, or other managing agents of Req. No. 13167 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the legal entity. The qualifying party shall also provide a certificate of good standing or a trade name report from the Office of the Secretary of St ate. E. The registrar shall refuse to register any person if the registrar determines: 1. The application contains false, misleading, or incomplete information; 2. The applicant fails to provide a certificate of good standing or a trade name report from the Office of the Secretary of State; 3. The applicant, qualifying party, or any member of the legal entity fails or refuses to provide any information requested by the registrar; 4. The applicant fails or refuses to pay the required fees; 5. The applicant, qualifying party, or owner or officer or managing member of the legal entity is ineligible for registration due to a suspended or revoked registration in this state; 6. The nonresident applicant has a revoked or suspended registration or license req uired by law for roofing contractors in another state; or 7. The applicant, qualifying party, or legal entity has failed or refuses to submit any taxes due in this state. F. The registrar shall notify the applicant in writing if the registrar denies a re gistration or renewal certificate, and shall Req. No. 13167 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provide the applicant an opportunity to respond to or cure any defect in the written application or renewal for a period of ten (10) days from the date of the written notification. An applicant aggrieved by a decision of the registrar denying a registration or renewal may appeal the decision as provided in the Roofing Contractor Registration Act, the Construction Industries Board Act, or the Administrative Procedures Act, or the applicant may reapply after a ninety-day waiting period, if otherwise eligible under the provisions of the Roofing Contractor Registration Act. The application and renewal fees shall not be refundable. G. The registrar shall classify as not in good standing the registration of any roofi ng contractor who fails to: 1. Maintain liability insurance coverage; 2. Maintain workers ' compensation coverage satisfactory under the Workers' Compensation Act, or provide an affidavit of exemption or self-insurance as authorized pursuant to the Worker s' Compensation Act; 3. File, renew, or properly amend any fictitious name certificate; 4. Maintain an active status of a corporation or registration as a foreign corporation, a limited liability company or registration as a foreign limited liability com pany, a limited liability partnership registration or foreign limited liability partnership registration, or a limited partnership certificate or Req. No. 13167 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 limited partnership or foreign limited partnership certificate of authority, with the Office of the Secretary of State; 5. File or renew a trade name registration; 6. Maintain or renew a roofing contractor registration as provided in the Roofing Contractor Registration Act; 7. Notify the registrar of a change in name, address, legal business entity, qualifying party, legal service agent, or adjudication by a court of competent jurisdiction for any act or omission specified in subsection A of Section 1151.14 of this title or a violation of the Roofing Contractor Registration Act; 8. Maintain a registration as re quired by law in another state while registered in this state as a nonresident roofing contractor; or 9. File and pay all taxes of the qualifying party and legal entity when due in this state. H. The registrar shall send a written notice to the qualifyin g party when his or her registration is not in good standing. I. Any roofing contractor who has been notified by the registrar that his or her registration is not in good standing shall cease soliciting or entering new roofing services and projects as of the date of such notification; however, the roofing contractor shall be allowed to complete roofing projects where actual physical work has begun prior to the date of issuance of the notice that his or her registration is not in good standing. The roofing contractor Req. No. 13167 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 must disclose the change in standing to any homeowner or other person who has an interest in any job covered under the Roofing Contractor Registration Act. Upon notice of a change in standing, the homeowner shall have the option to cancel the contract. The roofing contractor will be owed the actual cost incurred for materials and the market value of labor already incurred on the job. The roofing contractor must obtain an updated authorization from the homeowner and other parties of interest i f there is an agreement to continue the job as originally negotiated. If the roofing contractor fails to correct the deficiency specified in the notice by evidence satisfactory to the registrar within thirty (30) days of the date of the notice, or if the roofing contractor solicits or enters into new roofing services contracts or projects while the roofing contractor's registration is not in good standing, or while such registration is suspended or revoked, the roofing contractor shall be in violation of t he provisions of the Roofing Contractor Registration Act. J. Any registration that remains not in good standing for a sixty-day period shall be suspended on the sixtieth day from the date of issuance of the notice to the roofing contractor that his or her registration is not in good standing. Any registration that remains not in good standing, and is suspended for such cause, shall be revoked on the ninetieth day from the date of issuance of the notice to the roofing contractor that his or her registratio n is not Req. No. 13167 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in good standing. The registrar shall notify the roofing contractor upon suspension or revocation of his or her registration for failure to comply in bringing such registration into good standing as required by law. The roofing contractor may re instate his or her registration to good standing by paying the required fees provided in Section 1151.12 of this title and complying with all other requirements for issuance of a registration in good standing. K. Any registrant, qualifying party, or roofi ng company owner aggrieved by the decision of the registrar to suspend or revoke a registration pursuant to this section may appeal such decision as provided in this act or the Administrative Procedures Act. SECTION 3. AMENDATORY 59 O.S. 2021, Section 1151.8, is amended to read as follows: Section 1151.8. A. At the time of making application for a roofing contractor registration certificate pursuant to the Roofing Contractor Registration Act, the applicant shall pay to the registrar a fee of Seventy-five Dollars ($75.00) Five Hundred Dollars ($500.00) for the annual initial registration certificate. B. All monies collected by the registrar for roofing contractor registration applications, renewals and other fee assessments shall be deposited by the registrar and credited to the Roofing Contractor Registration Revolving Fund and such funds shall be used by the registrar to implement and administer the provisions of the Roofing Contractor Registration Act. Req. No. 13167 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. The fee to be submitte d with an application for a roofing contractor registration may be prorated as set by the provisions of the Roofing Contractor Registration Act or rules. Unless prorated at the time of initial registration, fees for initial registration shall be paid in the amount stated in subsection A of this section and such registration certificates shall expire each year on the last day of the birth month of the qualifying party. Renewals will be prorated as provided in Section 1151.3 of this title. D. A renewal fee for a roofing contractor registration shall be Seventy-five Dollars ($75.00) Two Hundred Fifty Dollars ($250.00) for the annual renewal registration certificate. E. A lapsed or expired roofing contractor registration longer than sixty (60) days shall res ult in a Five Hundred Dollars ($500.00) reinstatement fee. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1151.25a of Title 59, unless there is created a duplication in numbering, reads as follows: A. Except as otherwise provided in the Roofing Contractor Registration Act, on and after July 1, 2026, every roofing contractor, except for those defined in subsection G of this section, offering to engage in or engaging in performing residentia l roofing contractor work in this state shall be required to receive a residential roofing endorsement. To receive a residential roofing endorsement the roofing contractor shall be required to take and Req. No. 13167 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 successfully pass a residential roofing examination a pproved under the provisions of this act with a minimum score of seventy percent (70%), and be in compliance with all other provisions of the act and rules thereof before acting or being endorsed as a residential roofing contractor. For applicants who hav e been registered and in good standing with the Construction Industries Board before July 1, 2026, there will be a twelve -month grandfathering -in period from July 1, 2026, to either pass the exam or complete an additional ten (10) hours of continuing educa tion credits to be granted a residential roofer endorsement. B. Examinations for a residential roofer endorsement shall be uniform and practical in nature and sufficiently strict to test the qualifications and fitness of the applicants for endorsement. Examinations shall be in whole or in part in writing. Examinations shall be offered at least monthly; dates, times, and locations are to be determined by the registrar or third -party vendor with approval of the registrar. C. Any applicant initially failin g to pass the examination shall not be permitted to take another examination for a period of thirty (30) days. Any applicant subsequently failing to pass the examination shall not be permitted to take another examination for a period of ninety (90) days. However, in a declared state of emergency, the examination shall be available as often as possible as determined by the registrar. Req. No. 13167 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. No residential roofer endorsement shall be renewed unless the qualifying party has completed the required hours of conti nuing education, as determined and approved by the Committee of Roofing Examiners and the Construction Industries Board. E. For all new applicants not registered and in good standing with the Construction Industries Board prior to July 1, 2026, the Construction Industries Board will issue a residential roofer endorsement to qualifying applicants no sooner than thirty (30) days from the date of successful completion of the exam. New applicants shall not be allowed to sell, offer, bid, inspect or perform an y residential roofing contractor work in this state until a residential roofer endorsement is issued. F. For all applicants registered and in good standing with the Construction Industries Board prior to July 1, 2026: 1. The residential roofer endorsemen t shall be issued immediately upon compliance with the provisions of this section; and 2. Shall be allowed to continue residential roofing contractor work at all times during the residential roofer endorsement application process. G. The residential roof ing endorsement shall not apply to roofing labor contractors who meet the following requirements: 1. The roofing labor contractor only provides roofing construction labor services ; Req. No. 13167 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. The roofing labor contractor is working directly for a registered roofing contractor that possesses a residential roofing endorsement; and 3. The roofing labor contractor is not providing any materials. SECTION 5. This act shall become effective July 1, 2026. 60-1-13167 JM 03/05/25