Illinois General Assembly - Full Text of HB5735
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Full Text of HB5735  98th General Assembly




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1    AN ACT concerning business.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Home
5Repair and Construction Task Force Act.
6    Section 5. Findings. The General Assembly finds as follows:
7        (1) In November, 2013, several tornadoes devastated
8    parts of many Illinois towns, including Brookport, Coal
9    City/Braidwood, Gifford, New Minden, Pekin, and
10    Washington. In previous years, Illinois has suffered
11    natural disasters, such as the flooding that destroyed
12    parts of southern Illinois in 1993. Storms, tornadoes, and
13    flooding have affected numerous parts of the State nearly
14    every year.
15        (2) Often, after natural disasters such as storms or
16    flooding, contractors from outside the local area where the
17    disaster occurred come into the area and solicit business.
18    In some cases, the contractors engage in high pressure
19    sales tactics and collect large down payments from
20    homeowners anxious to repair their homes after a disaster,
21    and then fail to complete the work in a workmanlike manner
22    or leave the area without even beginning the work.
23    Homeowners are unable to reach the contractors either



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1    because the contractors provided a false physical address
2    or telephone number or because the contractors are
3    unresponsive to calls and letters.
4        (3) Each year, the Attorney General's office receives a
5    significant number of consumer complaints about home
6    repair and construction, and such complaints rank among the
7    top 10 consumer complaint types that office receives
8    annually. These complaints often involve allegations of
9    poor workmanship, failure to complete the contracted for
10    work, or failure to begin the contracted for work. These
11    complaints often arise after natural disasters, but the
12    Attorney General's office also receives numerous
13    complaints every year about routine home repair and
14    construction outside of a natural disaster.
15        (4) The Attorney General wishes to explore whether
16    Illinois residents would benefit from legislation that
17    requires home repair and construction contractors to
18    obtain a license from the Department of Financial and
19    Professional Regulation before offering home repair and
20    construction services in Illinois and, if so, whether
21    potential licensees and all their agents should be required
22    to pass a proficiency test and meet certain qualifications
23    as a condition of obtaining a license.
24    Section 10. Definition. As used in this Act, "home repair
25and construction" means the building of a new structure



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1primarily designed or used as a residence or the fixing,
2replacing, altering, converting, modernizing, improving, or
3making of an addition to any real property primarily designed
4or used as a residence other than maintenance, service, or
5repairs under $500. "Home repair and construction" includes the
6construction, installation, replacement, or improvement of
7driveways, swimming pools, porches, kitchens, bathrooms,
8basements, chimneys, chimney liners, garages, fences, fallout
9shelters, central air conditioning, central heating, boilers,
10furnaces, electrical wiring, sewers, plumbing fixtures, storm
11doors, windows, roofs, and awnings and other improvements to
12structures within the residence or upon the land adjacent to
13the residence. "Home repair and construction" does not include
14the sale, installation, cleaning, or repair of carpets; the
15repair, installation, replacement, or connection of any home
16appliance, including, but not limited to, disposals,
17refrigerators, ranges, garage door openers, televisions or
18television antennas, washing machines, telephones, hot water
19heaters, satellite dishes, or other appliances when the person
20replacing, installing, repairing, or connecting the home
21appliance is an employee or agent of the merchant that sold the
22home appliance or sold new products of the same type; or
24    Section 15. Home Repair and Construction Task Force;



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1    (a) There is created the Home Repair and Construction Task
2Force consisting of the following members:
3        (1) one member of the Senate appointed by the President
4    of the Senate;
5        (2) one member of the Senate appointed by the Minority
6    Leader of the Senate;
7        (3) one member of the House of Representatives
8    appointed by the Speaker of the House of Representatives;
9        (4) one member of the House of Representatives
10    appointed by the Minority Leader of the House of
11    Representatives;
12        (5) one member appointed by the Governor;
13        (6) one member representing the Department of
14    Financial and Professional Regulation appointed by the
15    Secretary of Financial and Professional Regulation;
16        (7) one member representing consumers' interests
17    appointed by the Attorney General;
18        (8) two members representing the home repair industry
19    appointed by the Attorney General;
20        (9) three members representing the home builder
21    industry appointed by the Attorney General;
22        (10) one member representing the retail merchants that
23    subcontract with home repair industry and construction
24    industry members appointed by the Attorney General;
25        (11) one member representing the homeowners insurance
26    industry appointed by the Attorney General;



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1        (12) three members representing unions with members in
2    the home repair and construction industries appointed by
3    the Attorney General;
4        (13) one member representing the interests of Illinois
5    municipalities appointed by the Attorney General;
6        (14) one member representing the interests of Illinois
7    counties appointed by the Attorney General;
8        (15) one member appointed by the City of Chicago
9    Commissioner of Business Affairs and Consumer Protection;
10        (16) one member representing Illinois building
11    officials appointed by the Attorney General; and
12        (17) one member appointed by the Attorney General, who
13    shall be designated the chairperson by the Attorney
14    General.
15    (b) All appointments to the Task Force shall be made within
1660 days after the effective date of this Act.
17    (c) Vacancies in the Task Force shall be filled by the
18initial appointing authority within 30 days after the vacancy
20    (d) The members of the Task Force shall serve without
22    (e) The Task Force may consult with experts and shall
23receive the cooperation of those State agencies it deems
24appropriate to assist the Task Force in carrying out its
26    (f) The Task Force shall meet initially at the call of the



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1Attorney General no later than 90 days after the effective date
2of this Act, and shall thereafter meet at the call of the
4    (g) The Attorney General shall provide administrative and
5other support to the Task Force.
6    Section 20. Duties. The Task Force shall:
7        (1) discuss whether the residents of Illinois would
8    benefit from legislation requiring home repair and
9    construction service providers to obtain a license from the
10    Department of Financial and Professional Regulation before
11    offering theses services in Illinois;
12        (2) if it is determined that licensure is required,
13    determine:
14            (A) the requirements applicants must meet to
15        qualify for a license;
16            (B) grounds for denial or revocation of a license;
17        and
18            (C) any other considerations relevant to a
19        licensing requirement; and
20        (3) make recommendations to the General Assembly.
21    Section 25. Report. No later than November 1, 2015, the
22Task Force shall summarize its findings and recommendations in
23a report to the General Assembly and shall file the report as
24provided in Section 3.1 of the General Assembly Organization



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1Act. Upon filing its report, the Task Force is dissolved.
2    Section 30. Repealer. This Act is repealed on January 1,
4    Section 99. Effective date. This Act takes effect upon
5becoming law.