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


Rep. Ann Williams

Filed: 3/21/2014





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2    AMENDMENT NO. ______. Amend House Bill 5735 by replacing
3everything after the enacting clause with the following:
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



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1    disaster occurred come into the area and solicit business.
2    In some cases, the contractors engage in high pressure
3    sales tactics and collect large down payments from
4    homeowners anxious to repair their homes after a disaster,
5    and then fail to complete the work in a workmanlike manner
6    or leave the area without even beginning the work.
7    Homeowners are unable to reach the contractors either
8    because the contractors provided a false physical address
9    or telephone number or because the contractors are
10    unresponsive to calls and letters.
11        (3) Each year, the Attorney General's office receives a
12    significant number of consumer complaints about home
13    repair and construction, and such complaints rank among the
14    top 10 consumer complaint types that office receives
15    annually. These complaints often involve allegations of
16    poor workmanship, failure to complete the contracted for
17    work, or failure to begin the contracted for work. These
18    complaints often arise after natural disasters, but the
19    Attorney General's office also receives numerous
20    complaints every year about routine home repair and
21    construction outside of a natural disaster.
22        (4) The Attorney General wishes to explore whether
23    Illinois residents would benefit from legislation that
24    requires home repair and construction contractors to
25    obtain a license from the Department of Financial and
26    Professional Regulation before offering home repair and



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1    construction services in Illinois and, if so, whether
2    potential licensees and all their agents should be required
3    to pass a proficiency test and meet certain qualifications
4    as a condition of obtaining a license.
5    Section 10. Definition. As used in this Act, "home repair
6and construction" means the building of a new structure
7primarily designed or used as a residence or the fixing,
8replacing, altering, converting, modernizing, improving, or
9making of an addition to any real property primarily designed
10or used as a residence other than maintenance, service, or
11repairs under $500. "Home repair and construction" includes the
12construction, installation, replacement, or improvement of
13driveways, swimming pools, porches, kitchens, bathrooms,
14basements, chimneys, chimney liners, garages, fences, fallout
15shelters, central air conditioning, central heating, boilers,
16furnaces, electrical wiring, sewers, plumbing fixtures, storm
17doors, windows, roofs, and awnings and other improvements to
18structures within the residence or upon the land adjacent to
19the residence. "Home repair and construction" does not include
20the sale, installation, cleaning, or repair of carpets; the
21repair, installation, replacement, or connection of any home
22appliance, including, but not limited to, disposals,
23refrigerators, ranges, garage door openers, televisions or
24television antennas, washing machines, telephones, hot water
25heaters, satellite dishes, or other appliances when the person



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1replacing, installing, repairing, or connecting the home
2appliance is an employee or agent of the merchant that sold the
3home appliance or sold new products of the same type; or
5    Section 15. Home Repair and Construction Task Force;
7    (a) There is created the Home Repair and Construction Task
8Force consisting of the following members:
9        (1) one member of the Senate appointed by the President
10    of the Senate;
11        (2) one member of the Senate appointed by the Minority
12    Leader of the Senate;
13        (3) one member of the House of Representatives
14    appointed by the Speaker of the House of Representatives;
15        (4) one member of the House of Representatives
16    appointed by the Minority Leader of the House of
17    Representatives;
18        (5) one member appointed by the Governor;
19        (6) one member representing the Department of
20    Financial and Professional Regulation appointed by the
21    Secretary of Financial and Professional Regulation;
22        (7) one member representing consumers' interests
23    appointed by a consumer advocacy group;
24        (8) two members representing the home repair industry
25    appointed by the head of an association representing the



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1    interests of the home repair industry;
2        (9) two members representing the home builder industry
3    appointed by the head of an association representing the
4    interests of the home builder industry;
5        (10) one member representing the retail merchants that
6    subcontract with home repair industry and construction
7    industry members appointed by the head of an association
8    representing the interests of these retail merchants;
9        (11) one member representing the homeowners insurance
10    industry appointed by the head of an association
11    representing the interests of the homeowners insurance
12    industry;
13        (12) one member representing unions with members in the
14    home repair and construction industries appointed by the
15    heads of these unions;
16        (13) one member representing the interests of Illinois
17    municipalities appointed by the head of an association
18    representing the interests of Illinois municipalities;
19        (14) one member representing the interests of Illinois
20    counties appointed by the head of an association
21    representing the interests of Illinois counties;
22        (15) one member appointed by the City of Chicago
23    Commissioner of Consumer Services; and
24        (16) one member appointed by the Attorney General, who
25    shall be designated the chairperson by the Attorney
26    General.



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1    (b) All appointments to the Task Force shall be made within
260 days after the effective date of this Act.
3    (c) Vacancies in the Task Force shall be filled by the
4initial appointing authority within 30 days after the vacancy
6    (d) The members of the Task Force shall serve without
8    (e) The Task Force may employ skilled experts with the
9approval of the chairperson and shall receive the cooperation
10of those State agencies it deems appropriate to assist the Task
11Force in carrying out its duties.
12    (f) The Task Force shall meet initially at the call of the
13Attorney General no later than 90 days after the effective date
14of this Act, and shall thereafter meet at the call of the
16    (g) The Attorney General shall provide administrative and
17other support to the Task Force.
18    Section 20. Duties. The Task Force shall:
19        (1) discuss whether the residents of Illinois would
20    benefit from legislation requiring home repair and
21    construction service providers to obtain a license from the
22    Department of Financial and Professional Regulation before
23    offering theses services in Illinois;
24        (2) if it is determined that licensure is required,
25    determine:



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1            (A) the requirements applicants must meet to
2        qualify for a license;
3            (B) grounds for denial or revocation of a license;
4        and
5            (C) any other considerations relevant to a
6        licensing requirement; and
7        (3) make recommendations to the General Assembly.
8    Section 25. Report. No later than November 1, 2015, the
9Task Force shall summarize its findings and recommendations in
10a report to the General Assembly and shall file the report as
11provided in Section 3.1 of the General Assembly Organization
12Act. Upon filing its report, the Task Force is dissolved.
13    Section 30. Repealer. This Act is repealed on January 1,
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".