State of Illinois
2017 and 2018


Introduced 2/9/2017, by Sen. Pamela J. Althoff


5 ILCS 80/4.36
225 ILCS 335/Act rep.
730 ILCS 5/5-5-5  from Ch. 38, par. 1005-5-5
815 ILCS 513/18
815 ILCS 513/20

    Repeals the Illinois Roofing Industry Licensing Act. Makes conforming changes in the Regulatory Sunset Act, the Unified Code of Corrections, and the Home Repair and Remodeling Act. Effective immediately.

LRB100 05720 SMS 15742 b






SB1819LRB100 05720 SMS 15742 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.36 as follows:
6    (5 ILCS 80/4.36)
7    Sec. 4.36. Acts repealed on January 1, 2026. The following
8Acts are repealed on January 1, 2026:
9    The Barber, Cosmetology, Esthetics, Hair Braiding, and
10Nail Technology Act of 1985.
11    The Collection Agency Act.
12    The Hearing Instrument Consumer Protection Act.
13    The Illinois Athletic Trainers Practice Act.
14    The Illinois Dental Practice Act.
15    The Illinois Roofing Industry Licensing Act.
16    The Illinois Physical Therapy Act.
17    The Professional Geologist Licensing Act.
18    The Respiratory Care Practice Act.
19(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;
2099-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
2199-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
2212-31-15; 99-642, eff. 7-28-16.)



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1    (225 ILCS 335/Act rep.)
2    Section 10. The Illinois Roofing Industry Licensing Act is
4    Section 15. The Unified Code of Corrections is amended by
5changing Section 5-5-5 as follows:
6    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
7    Sec. 5-5-5. Loss and Restoration of Rights.
8    (a) Conviction and disposition shall not entail the loss by
9the defendant of any civil rights, except under this Section
10and Sections 29-6 and 29-10 of The Election Code, as now or
11hereafter amended.
12    (b) A person convicted of a felony shall be ineligible to
13hold an office created by the Constitution of this State until
14the completion of his sentence.
15    (c) A person sentenced to imprisonment shall lose his right
16to vote until released from imprisonment.
17    (d) On completion of sentence of imprisonment or upon
18discharge from probation, conditional discharge or periodic
19imprisonment, or at any time thereafter, all license rights and
20privileges granted under the authority of this State which have
21been revoked or suspended because of conviction of an offense
22shall be restored unless the authority having jurisdiction of
23such license rights finds after investigation and hearing that
24restoration is not in the public interest. This paragraph (d)



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1shall not apply to the suspension or revocation of a license to
2operate a motor vehicle under the Illinois Vehicle Code.
3    (e) Upon a person's discharge from incarceration or parole,
4or upon a person's discharge from probation or at any time
5thereafter, the committing court may enter an order certifying
6that the sentence has been satisfactorily completed when the
7court believes it would assist in the rehabilitation of the
8person and be consistent with the public welfare. Such order
9may be entered upon the motion of the defendant or the State or
10upon the court's own motion.
11    (f) Upon entry of the order, the court shall issue to the
12person in whose favor the order has been entered a certificate
13stating that his behavior after conviction has warranted the
14issuance of the order.
15    (g) This Section shall not affect the right of a defendant
16to collaterally attack his conviction or to rely on it in bar
17of subsequent proceedings for the same offense.
18    (h) No application for any license specified in subsection
19(i) of this Section granted under the authority of this State
20shall be denied by reason of an eligible offender who has
21obtained a certificate of relief from disabilities, as defined
22in Article 5.5 of this Chapter, having been previously
23convicted of one or more criminal offenses, or by reason of a
24finding of lack of "good moral character" when the finding is
25based upon the fact that the applicant has previously been
26convicted of one or more criminal offenses, unless:



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1        (1) there is a direct relationship between one or more
2    of the previous criminal offenses and the specific license
3    sought; or
4        (2) the issuance of the license would involve an
5    unreasonable risk to property or to the safety or welfare
6    of specific individuals or the general public.
7    In making such a determination, the licensing agency shall
8consider the following factors:
9        (1) the public policy of this State, as expressed in
10    Article 5.5 of this Chapter, to encourage the licensure and
11    employment of persons previously convicted of one or more
12    criminal offenses;
13        (2) the specific duties and responsibilities
14    necessarily related to the license being sought;
15        (3) the bearing, if any, the criminal offenses or
16    offenses for which the person was previously convicted will
17    have on his or her fitness or ability to perform one or
18    more such duties and responsibilities;
19        (4) the time which has elapsed since the occurrence of
20    the criminal offense or offenses;
21        (5) the age of the person at the time of occurrence of
22    the criminal offense or offenses;
23        (6) the seriousness of the offense or offenses;
24        (7) any information produced by the person or produced
25    on his or her behalf in regard to his or her rehabilitation
26    and good conduct, including a certificate of relief from



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1    disabilities issued to the applicant, which certificate
2    shall create a presumption of rehabilitation in regard to
3    the offense or offenses specified in the certificate; and
4        (8) the legitimate interest of the licensing agency in
5    protecting property, and the safety and welfare of specific
6    individuals or the general public.
7    (i) A certificate of relief from disabilities shall be
8issued only for a license or certification issued under the
9following Acts:
10        (1) the Animal Welfare Act; except that a certificate
11    of relief from disabilities may not be granted to provide
12    for the issuance or restoration of a license under the
13    Animal Welfare Act for any person convicted of violating
14    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
15    Care for Animals Act or Section 26-5 or 48-1 of the
16    Criminal Code of 1961 or the Criminal Code of 2012;
17        (2) the Illinois Athletic Trainers Practice Act;
18        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
19    and Nail Technology Act of 1985;
20        (4) the Boiler and Pressure Vessel Repairer Regulation
21    Act;
22        (5) the Boxing and Full-contact Martial Arts Act;
23        (6) the Illinois Certified Shorthand Reporters Act of
24    1984;
25        (7) the Illinois Farm Labor Contractor Certification
26    Act;



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1        (8) the Interior Design Title Act;
2        (9) the Illinois Professional Land Surveyor Act of
3    1989;
4        (10) the Illinois Landscape Architecture Act of 1989;
5        (11) the Marriage and Family Therapy Licensing Act;
6        (12) the Private Employment Agency Act;
7        (13) the Professional Counselor and Clinical
8    Professional Counselor Licensing and Practice Act;
9        (14) the Real Estate License Act of 2000;
10        (15) (blank) the Illinois Roofing Industry Licensing
11    Act;
12        (16) the Professional Engineering Practice Act of
13    1989;
14        (17) the Water Well and Pump Installation Contractor's
15    License Act;
16        (18) the Electrologist Licensing Act;
17        (19) the Auction License Act;
18        (20) the Illinois Architecture Practice Act of 1989;
19        (21) the Dietitian Nutritionist Practice Act;
20        (22) the Environmental Health Practitioner Licensing
21    Act;
22        (23) the Funeral Directors and Embalmers Licensing
23    Code;
24        (24) the Land Sales Registration Act of 1999;
25        (25) the Professional Geologist Licensing Act;
26        (26) the Illinois Public Accounting Act; and



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1        (27) the Structural Engineering Practice Act of 1989.
2(Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12;
397-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
41-25-13; 98-756, eff. 7-16-14.)
5    Section 20. The Home Repair and Remodeling Act is amended
6by changing Sections 18 and 20 as follows:
7    (815 ILCS 513/18)
8    Sec. 18. Repairs following damaging weather.
9    (a) As used in this Section, "catastrophe" means a natural
10occurrence, including but not limited to flood, drought,
11earthquake, tornado, windstorm, or hailstorm, which damages or
12destroys more than one residence.
13    (b) A contractor offering home repair or remodeling
14services shall not advertise or promise to pay or rebate all or
15any portion of any insurance deductible as an inducement to the
16sale of goods or services. As used in this Section, a promise
17to pay or rebate includes granting any allowance or offering
18any discount against the fees to be charged or paying the
19insured or any person directly or indirectly associated with
20the property any form of compensation.
21    (c) A contractor offering home repair or remodeling
22services shall not accept money or any form of compensation in
23exchange for allowing an out of area contractor to use its
24business name or license.



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1    (d) (Blank) A contractor offering home repair or remodeling
2services shall include its Illinois State roofing contractor
3license name and number as it appears on its Illinois State
4roofing license on all contracts, bids, and advertisements
5involving roofing work as required by the Illinois Roofing
6Industry Licensing Act.
7    (e) A person who has entered into a written contract with a
8contractor offering home repair or remodeling services to
9provide goods or services to be paid from the proceeds of a
10property and casualty insurance policy may cancel the contract
11prior to midnight on the earlier of the fifth business day
12after the insured has received written notice from the insurer
13that all or any part of the claim or contract is not a covered
14loss under the insurance policy or the thirtieth business day
15after receipt of a properly executed proof of loss by the
16insurer from the insured. Cancellation is evidenced by the
17insured giving written notice of cancellation to the contractor
18offering home repair or remodeling services at the address
19stated in the contract. Notice of cancellation, if given by
20mail, is effective upon deposit into the United States mail,
21postage prepaid and properly addressed to the contractor.
22Notice of cancellation may be given by delivering or mailing a
23signed and dated copy of the written notice of cancellation to
24the contractor's business address as stated in the contract.
25Notice of cancellation shall include a copy of the written
26notice from the insurer to the effect that all or part of the



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1claim is not a covered loss under the insurance policy. Notice
2of cancellation need not take a particular form and is
3sufficient if it indicates, by any form of written expression,
4the intention of the insured not to be bound by the contract.
5    (f) Any contract referred to in subsection (e), must
6contain a statement in at least 10 point boldface, in
7substantially the following form:
8        "You may cancel this contract at any time before
9        midnight on the earlier of the fifth business day after
10        you have received written notification from your
11        insurer that all or any part of the claim or contract
12        is not a covered loss under the insurance policy or the
13        thirtieth business day after your insurer has received
14        properly executed proof(s) of loss from you. See
15        attached notice of cancellation form for an
16        explanation of this right."
17    (g) Upon executing a contract referred to in subsection
18(e), furnish each insured a fully completed form in duplicate,
19captioned "NOTICE OF CANCELLATION", which shall be attached to
20the contract but easily detachable, and which shall contain
21boldface type of a minimum size of 10 points the following
22statement with the appropriate fields completed by the
25            If you are notified by your insurer that all or any
26        part of the claim or contract is not a covered loss



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1        under the insurance policy, you may cancel the contract
2        by mailing or delivering a signed and dated copy of
3        this cancellation notice or any other written notice to
4        (name of contractor) at (address of contractor's place
5        of business) at any time prior to midnight on the
6        earlier of the fifth business day after you have
7        received such notice from your insurer or the thirtieth
8        business day after your insurer has received properly
9        executed proof(s) of loss from you. If you cancel, any
10        payments made by you under the contract, other than
11        payments for goods or services related to a catastrophe
12        which you agreed in writing to be necessary to prevent
13        damage to your property, will be returned to you within
14        10 business days following receipt by the contractor of
15        your cancellation notice.
17            ................................
18            (date)
19            ................................
20            (insured's signature)".
21    (h) Within 10 days after a contract referred to in
22subsection (e) has been cancelled, the contractor offering home
23repair or remodeling services shall tender to the insured any
24payments, partial payments, or deposits made by the insured and
25any note or other evidence of indebtedness. If, however, the
26contractor has provided any goods or services related to a



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1catastrophe, acknowledged and agreed to by the insured in
2writing to be necessary to prevent damage to the premises, the
3contractor is entitled to the reasonable value of such goods
4and services. Any provision in a contract referred to in
5subsection (e) that requires the payment of any fee for
6anything except goods or services related to a catastrophe
7shall not be enforceable against any insured who has cancelled
8a contract pursuant to this Section.
9    (i) A contractor offering home repair or remodeling
10services shall not represent, or offer or advertise to
11represent, on behalf of a homeowner on any insurance claim in
12connection with the repair or replacement of roof systems, or
13the performance of any other interior or exterior repair,
14replacement, construction or reconstruction work; or otherwise
15violate the Public Adjusters Law (Public Act 96-1332). A Public
16Adjuster means any person who acts on behalf of the insured in
17preparing and adjusting a claim for loss or damage covered by
18an insurance contract. A contractor offering home repair or
19remodeling services shall not call in or file a claim to an
20insurance carrier on the insured's behalf. A contractor
21offering home repair or remodeling services shall not climb on
22a roof or inspect for exterior damage without the insured's
23express permission. Nothing in this subsection shall be
24construed to prohibit a residential contractor from: (1)
25providing an insured an estimate for repair, replacement,
26construction, or reconstruction of the insured's property and



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1any such estimate may be submitted to the insured's insurance
2company; (2) conferring with an insurance company's
3representative about damage to an insured's property; or (3)
4discussing repair or replacement options with an insurance
5company's representative or the insured about options for the
6repair or replacement of the damage.
7(Source: P.A. 97-235, eff. 1-1-12.)
8    (815 ILCS 513/20)
9    Sec. 20. Consumer rights brochure.
10    (a) For any contract over $1,000, any person engaging in
11the business of home repair and remodeling shall provide to its
12customers a copy of the "Home Repair: Know Your Consumer
13Rights" pamphlet prior to the execution of any home repair and
14remodeling contract. The consumer shall sign and date an
15acknowledgment form entitled "Consumer Rights Acknowledgment
16Form" that states: "I, the homeowner, have received from the
17contractor a copy of the pamphlet entitled 'Home Repair: Know
18Your Consumer Rights.'" The contractor or his or her
19representative shall also sign and date the acknowledgment
20form, which includes the name and address of the home repair
21and remodeling business. The acknowledgment form shall be in
22duplicate and incorporated into the pamphlet. The original
23acknowledgment form shall be retained by the contractor and the
24duplicate copy shall be retained within the pamphlet by the



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1    (b) For any contract for $1,000 or under, any person
2engaging in the business of home repair and remodeling shall
3provide to its customers a copy of the "Home Repair: Know Your
4Consumer Rights" pamphlet. No written acknowledgment of
5receipt of the pamphlet is required for a contract of $1,000 or
7    (c) The pamphlet must be a separate document, in at least
812 point type, and in legible ink. The pamphlet shall read as

11    As you plan for your home repair/improvement project, it is
12important to ask the right questions in order to protect your
13investment. The tips in this fact sheet should allow you to
14protect yourself and minimize the possibility that a
15misunderstanding may occur.

17Please use extreme caution when confronted with the following
18warning signs of a potential scam:
19    (1) Door-to-door salespersons with no local connections
20who offer to do home repair work for substantially less than
21the market price.
22    (2) Solicitations for repair work from a company that lists



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1only a telephone number or a post-office box number to contact,
2particularly if it is an out-of-state company.
3    (3) Contractors who fail to provide customers references
4when requested.
5    (4) Persons offering to inspect your home for free. Do not
6admit anyone into your home unless he or she can present
7authentic identification establishing his or her business
8status. When in doubt, do not hesitate to call the worker's
9employer to verify his or her identity.
10    (5) Contractors demanding cash payment for a job or who ask
11you to make a check payable to a person other than the owner or
12company name.
13    (6) Offers from a contractor to drive you to the bank to
14withdraw funds to pay for the work.

16    (1) Get all estimates in writing.
17    (2) Do not be induced into signing a contract by
18high-pressure sales tactics.
19    (3) Never sign a contract with blank spaces or one you do
20not fully understand. If you are taking out a loan to finance
21the work, do not sign the contract before your lender approves
22the loan.
23    (4) Remember, you have 3 business days from the time you
24sign your contract to cancel any contract if the sale is made



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1at your home. The contractor cannot deprive you of this right
2by initiating work, selling your contract to a lender, or any
3other tactic.
4    (5) If the contractor does business under a name other than
5the contractor's real name, the business must either be
6incorporated or registered under the Assumed Business Name Act.
7Check with the Secretary of State to see if the business is
8incorporated or with the county clerk to see if the business
9has registered under the Assumed Business Name Act.
10    (6) Homeowners should check with local and county units of
11government to determine if permits or inspections are required.
12    (7) Determine whether the contractor will guarantee his or
13her work and products.
14    (8) Determine whether the contractor has the proper
16    (9) Do not sign a certificate of completion or make final
17payment until the work is done to your satisfaction.
18    (10) Remember, homeowners should know who provides
19supplies and labor for any work performed on your home.
20Suppliers and subcontractors have a right to file a lien
21against your property if the general contractor fails to pay
22them. To protect your property, request lien waivers from the
23general contractor.




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1    (1) Contractor's full name, address, and telephone number.
2Illinois law requires that persons selling home repair and
3improvement services provide their customers with notice of any
4change to their business name or address that comes about prior
5to the agreed dates for beginning or completing the work.
6    (2) A description of the work to be performed.
7    (3) Starting and estimated completion dates.
8    (4) Total cost of work to be performed.
9    (5) Schedule and method of payment, including down payment,
10subsequent payments, and final payment.
11    (6) A provision stating the grounds for termination of the
12contract by either party. However, the homeowner must pay the
13contractor for work completed. If the contractor fails to
14commence or complete work within the contracted time period,
15the homeowner may cancel and may be entitled to a refund of any
16down payment or other payments made towards the work, upon
17written demand by certified mail.
18    (7) A provision stating the grounds for termination of the
19contract if you are notified by your insurer that all or any
20part of the claim or contract is not a covered loss under the
21insurance policy, you may cancel the contract by mailing or
22delivering written notice to (name of contractor) at (address
23of contractor's place of business) at any time prior to the
24earlier of midnight on the fifth business day after you have
25received such notice from your insurer or the thirtieth
26business day after receipt of a properly executed proof of loss



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1by the insurer from the insured. If you cancel, any payments
2made by you under the contract will be returned to you within
310 business days following receipt by the contractor of your
4cancellation notice. If, however, the contractor has provided
5any goods or services related to a catastrophe, acknowledged
6and agreed to by the insured homeowner in writing to be
7necessary to prevent damage to the premises, the contractor is
8entitled to the reasonable value of such goods and services.
9    Homeowners should obtain a copy of the signed contract and
10keep it in a safe place for reference as needed.
11    To file a complaint against a roofing contractor, contact
12the Illinois Department of Financial and Professional
13Regulation at 312-814-6910 or file a complaint directly on its
16    If you think you have been defrauded by a contractor or
17have any questions, please bring it to the attention of your
18State's Attorney or the Illinois Attorney General's Office.
19Attorney General Toll-Free Numbers
20Carbondale         (800) 243-0607
21Springfield        (800) 243-0618
22Chicago            (800) 386-5438".
23(Source: P.A. 97-235, eff. 1-1-12.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.