Full Text of HB3034 97th General Assembly
HB3034enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Roofing Industry Licensing Act is | 5 | | amended by changing Section 5 and by adding Section 5.1 as | 6 | | follows:
| 7 | | (225 ILCS 335/5) (from Ch. 111, par. 7505)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 5. Display of license number; advertising.
| 10 | | (a) Each State licensed roofing contractor shall
affix the | 11 | | roofing contractor license number and the licensee's name, as | 12 | | it appears on the license, to all of his
or
her contracts and | 13 | | bids. In
addition, the official issuing building permits shall | 14 | | affix the
roofing contractor license number to each application | 15 | | for a building permit
and on
each building permit issued and | 16 | | recorded.
| 17 | | (a-5) A person who knowingly, in the course of applying for | 18 | | a building permit with a unit of local government, provides the | 19 | | roofing license number of a roofing contractor whom he or she | 20 | | does not intend to have perform the work on the roofing portion | 21 | | of the project commits identity theft under paragraph (8) of | 22 | | subsection (a) of Section 16G-15 of the Criminal Code of 1961. | 23 | | (b) (Blank). In addition, every roofing contractor shall |
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| 1 | | affix the
roofing
contractor license number and the licensee's | 2 | | name, as it appears on the license, on all commercial vehicles | 3 | | used as
part
of his
or her business as a roofing contractor.
| 4 | | (c) Every holder of a license shall
display it in a
| 5 | | conspicuous place in his or her principal office, place of | 6 | | business, or place
of employment.
| 7 | | (d) No person licensed under this Act may advertise | 8 | | services regulated by
this Act unless that person includes in | 9 | | the advertisement the roofing contractor license number and the | 10 | | licensee's name, as it appears on the license. Nothing | 11 | | contained in this subsection requires the publisher of
| 12 | | advertising for roofing contractor services to investigate or | 13 | | verify the
accuracy of the
license number provided by the | 14 | | licensee.
| 15 | | (e) A person who advertises services regulated by this Act | 16 | | who knowingly (i)
fails to display the license number and the | 17 | | licensee's name, as it appears on the license, in any manner | 18 | | required by this Section,
(ii) fails to provide a publisher | 19 | | with the correct license number as required
by subsection (d), | 20 | | or (iii) provides a publisher with a false license number or
a | 21 | | license number of another person, or a person who knowingly | 22 | | allows his or her
license number to be displayed or used by | 23 | | another person to circumvent any
provisions of this Section, is | 24 | | guilty of a Class A misdemeanor with a fine of
$1,000, and, in | 25 | | addition, is subject to the administrative enforcement
| 26 | | provisions of this Act.
Each day that an advertisement runs or |
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| 1 | | each day that a person knowingly allows
his or her license to | 2 | | be displayed or used in violation of this Section
constitutes a | 3 | | separate offense.
| 4 | | (Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10.)
| 5 | | (225 ILCS 335/5.1 new) | 6 | | Sec. 5.1. Commercial vehicles. Any entity offering | 7 | | services regulated by the Roofing Industry Licensing Act shall | 8 | | affix the
roofing
contractor license number and the licensee's | 9 | | name, as it appears on the license, on all commercial vehicles | 10 | | used in offering such services. An entity in violation of this | 11 | | Section shall be subject to a $250 civil penalty. This Section | 12 | | may be enforced by local code enforcement officials employed by | 13 | | units of local government as it relates to roofing work being | 14 | | performed within the boundaries of their jurisdiction. For | 15 | | purposes of this Section, "code enforcement official" means an | 16 | | officer or other designated authority charged with the | 17 | | administration, interpretation, and enforcement of codes on | 18 | | behalf of a municipality or county. If the alleged violation | 19 | | has been corrected prior to or on the date of the hearing | 20 | | scheduled to adjudicate the alleged violation, it shall be | 21 | | dismissed. | 22 | | Section 10. The Home Repair and Remodeling Act is amended | 23 | | by adding Section 18 and by changing Section 20 as follows: |
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| 1 | | (815 ILCS 513/18 new) | 2 | | Sec. 18. Repairs following damaging weather. | 3 | | (a) As used in this Section, "catastrophe" means a natural | 4 | | occurrence, including but not limited to flood, drought, | 5 | | earthquake, tornado, windstorm, or hailstorm, which damages or | 6 | | destroys more than one residence. | 7 | | (b) A contractor offering home repair or remodeling | 8 | | services shall not advertise or promise to pay or rebate all or | 9 | | any portion of any insurance deductible as an inducement to the | 10 | | sale of goods or services. As used in this Section, a promise | 11 | | to pay or rebate includes granting any allowance or offering | 12 | | any discount against the fees to be charged or paying the | 13 | | insured or any person directly or indirectly associated with | 14 | | the property any form of compensation. | 15 | | (c) A contractor offering home repair or remodeling | 16 | | services shall not accept money or any form of compensation in | 17 | | exchange for allowing an out of area contractor to use its | 18 | | business name or license. | 19 | | (d) A contractor offering home repair or remodeling | 20 | | services shall include its Illinois State roofing contractor | 21 | | license name and number as it appears on its Illinois State | 22 | | roofing license on all contracts, bids, and advertisements | 23 | | involving roofing work as required by the Illinois Roofing | 24 | | Industry Licensing Act. | 25 | | (e) A person who has entered into a written contract with a | 26 | | contractor offering home repair or remodeling services to |
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| 1 | | provide goods or services to be paid from the proceeds of a | 2 | | property and casualty insurance policy may cancel the contract | 3 | | prior to midnight on the earlier of the fifth business day | 4 | | after the insured has received written notice from the insurer | 5 | | that all or any part of the claim or contract is not a covered | 6 | | loss under the insurance policy or the thirtieth business day | 7 | | after receipt of a properly executed proof of loss by the | 8 | | insurer from the insured. Cancellation is evidenced by the | 9 | | insured giving written notice of cancellation to the contractor | 10 | | offering home repair or remodeling services at the address | 11 | | stated in the contract. Notice of cancellation, if given by | 12 | | mail, is effective upon deposit into the United States mail, | 13 | | postage prepaid and properly addressed to the contractor. | 14 | | Notice of cancellation may be given by delivering or mailing a | 15 | | signed and dated copy of the written notice of cancellation to | 16 | | the contractor's business address as stated in the contract. | 17 | | Notice of cancellation shall include a copy of the written | 18 | | notice from the insurer to the effect that all or part of the | 19 | | claim is not a covered loss under the insurance policy. Notice | 20 | | of cancellation need not take a particular form and is | 21 | | sufficient if it indicates, by any form of written expression, | 22 | | the intention of the insured not to be bound by the contract. | 23 | | (f) Any contract referred to in subsection (e), must | 24 | | contain a statement in at least 10 point boldface, in | 25 | | substantially the following form: | 26 | | "You may cancel this contract at any time before |
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| 1 | | midnight on the earlier of the fifth business day after | 2 | | you have received written notification from your | 3 | | insurer that all or any part of the claim or contract | 4 | | is not a covered loss under the insurance policy or the | 5 | | thirtieth business day after your insurer has received | 6 | | properly executed proof(s) of loss from you. See | 7 | | attached notice of cancellation form for an | 8 | | explanation of this right." | 9 | | (g) Upon executing a contract referred to in subsection | 10 | | (e), furnish each insured a fully completed form in duplicate, | 11 | | captioned "NOTICE OF CANCELLATION", which shall be attached to | 12 | | the contract but easily detachable, and which shall contain | 13 | | boldface type of a minimum size of 10 points the following | 14 | | statement with the appropriate fields completed by the | 15 | | contractor: | 16 | | "NOTICE OF CANCELLATION | 17 | | If you are notified by your insurer that all or any | 18 | | part of the claim or contract is not a covered loss | 19 | | under the insurance policy, you may cancel the contract | 20 | | by mailing or delivering a signed and dated copy of | 21 | | this cancellation notice or any other written notice to | 22 | | (name of contractor) at (address of contractor's place | 23 | | of business) at any time prior to midnight on the | 24 | | earlier of the fifth business day after you have | 25 | | received such notice from your insurer or the thirtieth | 26 | | business day after your insurer has received properly |
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| 1 | | executed proof(s) of loss from you. If you cancel, any | 2 | | payments made by you under the contract, other than | 3 | | payments for goods or services related to a catastrophe | 4 | | which you agreed in writing to be necessary to prevent | 5 | | damage to your property, will be returned to you within | 6 | | 10 business days following receipt by the contractor of | 7 | | your cancellation notice. | 8 | | I HEREBY CANCEL THIS TRANSACTION | 9 | | ................................ | 10 | | (date) | 11 | | ................................ | 12 | | (insured's signature)". | 13 | | (h) Within 10 days after a contract referred to in | 14 | | subsection (e) has been cancelled, the contractor offering home | 15 | | repair or remodeling services shall tender to the insured any | 16 | | payments, partial payments, or deposits made by the insured and | 17 | | any note or other evidence of indebtedness. If, however, the | 18 | | contractor has provided any goods or services related to a | 19 | | catastrophe, acknowledged and agreed to by the insured in | 20 | | writing to be necessary to prevent damage to the premises, the | 21 | | contractor is entitled to the reasonable value of such goods | 22 | | and services. Any provision in a contract referred to in | 23 | | subsection (e) that requires the payment of any fee for | 24 | | anything except goods or services related to a catastrophe | 25 | | shall not be enforceable against any insured who has cancelled | 26 | | a contract pursuant to this Section. |
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| 1 | | (i) A contractor offering home repair or remodeling | 2 | | services shall not represent, or offer or advertise to | 3 | | represent, on behalf of a homeowner on any insurance claim in | 4 | | connection with the repair or replacement of roof systems, or | 5 | | the performance of any other interior or exterior repair, | 6 | | replacement, construction or reconstruction work; or otherwise | 7 | | violate the Public Adjusters Law (Public Act 96-1332). A Public | 8 | | Adjuster means any person who acts on behalf of the insured in | 9 | | preparing and adjusting a claim for loss or damage covered by | 10 | | an insurance contract. A contractor offering home repair or | 11 | | remodeling services shall not call in or file a claim to an | 12 | | insurance carrier on the insured's behalf. A contractor | 13 | | offering home repair or remodeling services shall not climb on | 14 | | a roof or inspect for exterior damage without the insured's | 15 | | express permission. Nothing in this subsection shall be | 16 | | construed to prohibit a residential contractor from: (1) | 17 | | providing an insured an estimate for repair, replacement, | 18 | | construction, or reconstruction of the insured's property and | 19 | | any such estimate may be submitted to the insured's insurance | 20 | | company; (2) conferring with an insurance company's | 21 | | representative about damage to an insured's property; or (3) | 22 | | discussing repair or replacement options with an insurance | 23 | | company's representative or the insured about options for the | 24 | | repair or replacement of the damage.
| 25 | | (815 ILCS 513/20)
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| 1 | | Sec. 20. Consumer rights brochure.
| 2 | | (a) For any contract over $1,000, any
person engaging in | 3 | | the business
of home repair and remodeling shall provide to its | 4 | | customers a copy of the
"Home Repair: Know Your Consumer | 5 | | Rights" pamphlet prior to the execution of any
home repair and | 6 | | remodeling contract. The consumer shall sign and date an
| 7 | | acknowledgment form entitled "Consumer Rights Acknowledgment | 8 | | Form" that states:
"I, the homeowner, have received from the | 9 | | contractor a copy of the pamphlet
entitled 'Home Repair: Know | 10 | | Your Consumer Rights.'" The contractor or his or
her | 11 | | representative shall also sign and date the acknowledgment | 12 | | form, which
includes the name and address of the home repair | 13 | | and remodeling business. The
acknowledgment form shall be in | 14 | | duplicate and incorporated into the pamphlet.
The original | 15 | | acknowledgment form shall be retained by the contractor and the
| 16 | | duplicate copy shall be retained within the pamphlet by the | 17 | | consumer.
| 18 | | (b) For any contract for $1,000 or under, any person | 19 | | engaging in the
business
of home repair and remodeling shall | 20 | | provide to its customers a copy of the
"Home Repair: Know Your | 21 | | Consumer Rights" pamphlet. No written acknowledgment
of | 22 | | receipt of the pamphlet is required for a contract of $1,000 or | 23 | | under.
| 24 | | (c) The
pamphlet must be a separate
document, in at least | 25 | | 12 point type, and in legible ink. The pamphlet shall
read as | 26 | | follows:
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| 1 | | "HOME REPAIR: KNOW YOUR CONSUMER RIGHTS
| 2 | | As you plan for your home repair/improvement project, it is | 3 | | important to
ask the right questions in order to protect your | 4 | | investment. The tips in this
fact sheet should allow you to | 5 | | protect yourself and minimize the possibility
that a | 6 | | misunderstanding may occur.
| 7 | | AVOIDING HOME REPAIR FRAUD
| 8 | | Please use extreme caution when confronted with the following | 9 | | warning signs of
a potential scam:
| 10 | | (1) Door-to-door salespersons with no local connections | 11 | | who offer to do
home repair work for substantially less than | 12 | | the market price.
| 13 | | (2) Solicitations for repair work from a company that lists | 14 | | only a
telephone number or a post-office box number to contact, | 15 | | particularly if it is
an
out-of-state company.
| 16 | | (3) Contractors who fail to provide customers references | 17 | | when requested.
| 18 | | (4) Persons offering to inspect your home for free. Do not | 19 | | admit anyone
into your home unless he or she can present | 20 | | authentic identification
establishing his or her business | 21 | | status. When in doubt, do not hesitate to
call the
worker's | 22 | | employer to verify his or her identity.
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| 1 | | (5) Contractors demanding cash payment for a job or who ask | 2 | | you to make a
check payable to a person other than the owner or | 3 | | company name.
| 4 | | (6) Offers from a contractor to drive you to the bank to | 5 | | withdraw funds to
pay for the work.
| 6 | | CONTRACTS
| 7 | | (1) Get all estimates in writing.
| 8 | | (2) Do not be induced into signing a contract by | 9 | | high-pressure sales
tactics.
| 10 | | (3) Never sign a contract with blank spaces or one you do | 11 | | not fully
understand. If you are taking out a loan to finance | 12 | | the work, do not sign the
contract before your lender approves | 13 | | the loan.
| 14 | | (4) Remember, you have 3 business days from the time you | 15 | | sign your
contract
to cancel any contract if the sale is made | 16 | | at your home. The contractor cannot
deprive you of this right | 17 | | by initiating work, selling your contract to a
lender, or any | 18 | | other tactic.
| 19 | | (5) If the contractor does business under a name other than | 20 | | the
contractor's
real name, the business must either be | 21 | | incorporated or registered under the
Assumed Business Name Act. | 22 | | Check with the Secretary of State to see if the
business is
| 23 | | incorporated or with the county clerk to see if the business | 24 | | has registered
under the Assumed Business Name Act.
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| 1 | | (6) Homeowners should check with local and county units of | 2 | | government to
determine if permits or inspections are required.
| 3 | | (7) Determine whether the contractor will guarantee his or | 4 | | her work and
products.
| 5 | | (8) Determine whether the contractor has the proper | 6 | | insurance.
| 7 | | (9) Do not sign a certificate of completion or make final | 8 | | payment until
the
work is done to your satisfaction.
| 9 | | (10) Remember, homeowners should know who provides | 10 | | supplies and labor for
any work performed on your home. | 11 | | Suppliers and subcontractors have a right to
file a lien | 12 | | against your property if the general contractor fails to pay | 13 | | them.
To protect your property, request lien waivers from the | 14 | | general contractor.
| 15 | | BASIC TERMS TO BE INCLUDED IN A CONTRACT
| 16 | | (1) Contractor's full name, address, and telephone number. | 17 | | Illinois law
requires that
persons selling home repair and | 18 | | improvement services provide their customers
with notice of any | 19 | | change to their business name or address that comes about
prior | 20 | | to the agreed dates for beginning or completing the work.
| 21 | | (2) A description of the work to be performed.
| 22 | | (3) Starting and estimated completion dates.
| 23 | | (4) Total cost of work to be performed.
| 24 | | (5) Schedule and method of payment, including down payment, |
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| 1 | | subsequent
payments, and final payment.
| 2 | | (6) A provision stating the grounds for termination of the | 3 | | contract by
either party. However, the homeowner must pay the | 4 | | contractor for work
completed. If the contractor fails to | 5 | | commence or complete work within the
contracted time period, | 6 | | the homeowner may cancel and may be entitled to a
refund of any | 7 | | down payment
or other payments made towards the work, upon | 8 | | written demand by certified mail.
| 9 | | (7) A provision stating the grounds for termination of the | 10 | | contract if you are notified by your insurer that all or any | 11 | | part of the claim or contract is not a covered loss under the | 12 | | insurance policy, you may cancel the contract by mailing or | 13 | | delivering written notice to (name of contractor) at (address | 14 | | of contractor's place of business) at any time prior to the | 15 | | earlier of midnight on the fifth business day after you have | 16 | | received such notice from your insurer or the thirtieth | 17 | | business day after receipt of a properly executed proof of loss | 18 | | by the insurer from the insured. If you cancel, any payments | 19 | | made by you under the contract will be returned to you within | 20 | | 10 business days following receipt by the contractor of your | 21 | | cancellation notice. If, however, the contractor has provided | 22 | | any goods or services related to a catastrophe, acknowledged | 23 | | and agreed to by the insured homeowner in writing to be | 24 | | necessary to prevent damage to the premises, the contractor is | 25 | | entitled to the reasonable value of such goods and services. | 26 | | Homeowners should obtain a copy of the signed contract and |
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| 1 | | keep it in a safe
place for reference as needed.
| 2 | | To file a complaint against a roofing contractor, contact | 3 | | the Illinois Department of Financial and Professional | 4 | | Regulation at 312-814-6910 or file a complaint directly on its | 5 | | website.
| 6 | | IF YOU THINK YOU HAVE BEEN DEFRAUDED OR YOU HAVE QUESTIONS
| 7 | | If you think you have been defrauded by a contractor or | 8 | | have any questions,
please bring
it to the attention of your | 9 | | State's Attorney or the Illinois Attorney General's
Office.
| 10 | | Attorney General Toll-Free Numbers
| 11 | | Carbondale (800) 243-0607
| 12 | | Springfield (800) 243-0618
| 13 | | Chicago (800) 386-5438".
| 14 | | (Source: P.A. 91-230, eff. 1-1-00.)
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