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 Bill Status of HB4268  100th General Assembly


Short Description:  HOME REPAIR-CONSUMER NOTICES

House Sponsors
Rep. André Thapedi - Carol Ammons - Michelle Mussman

Senate Sponsors
(Sen. John G. Mulroe - Kwame Raoul - Mattie Hunter and Julie A. Morrison)

Last Action
DateChamber Action
  5/23/2018HousePassed Both Houses

Statutes Amended In Order of Appearance
815 ILCS 513/10
815 ILCS 513/20


Synopsis As Introduced
Amends the Home Repair and Remodeling Act. Provides that "residence" means a single-family home or dwelling or a multiple-family home or dwelling containing 6 or fewer apartments, condominiums, town houses, or dwelling units, used or intended to be used by the consumer as his or her dwelling place (instead of "by occupants as dwelling places"). In the home repair consumer rights pamphlet, replaces notice language concerning lien waivers with the following: "Illinois law requires that, before payment, your contractor give you a sworn statement which lists: (1) all the persons or companies your contractor hired to work on your home and their addresses; and (2) the amounts previously paid, the amounts about to be paid, and the total amount owed after the payment to these persons or companies. The sworn statement should be fully completed, signed, and notarized. When the contractor's sworn statement lists an amount due or to become due to a subcontractor, or when a subcontractor gives you notice of an amount due to the subcontractor, you must retain sufficient funds to pay that subcontractor. Subcontractors give the contractors lien waivers when they are paid. Ask your contractor for copies of these lien waivers. If your contractor tells you he or she needs a payment from you in order to pay subcontractors, you have the right to pay the subcontractors directly.".

House Committee Amendment No. 1
Deletes reference to:
815 ILCS 513/10

Replaces everything after the enacting clause. Amends the Home Repair and Remodeling Act. In the home repair consumer rights pamphlet, replaces the revised notice language relating to lien waivers with the following: "Before you pay your contractor, understand that the Mechanics Lien Act requires that you shall request and the contractor shall give you a signed and notarized written statement (known as a "Sworn Statement") that lists all the persons or companies your contractor hired to work on your home, their addresses along with the amounts about to be paid, and the total amount owed after the payment to those persons or companies. Suppliers and subcontractors have a right to file a lien against your home if they do not get paid for their labor or materials. To protect yourself against liens, you should demand that your contractor provide you with a Sworn Statement before you pay the contractor. You should also obtain lien waivers from all contractors and subcontractors if appropriate. You should consult with an attorney to learn more about your rights and obligations under the Mechanics Lien Act.". States that the pamphlet language is informational only and is not a substantive enforceable provision of the Home Repair and Remodeling Act and does not affect substantive law under the Mechanics Lien Act.

Actions 
DateChamber Action
  1/16/2018HouseFiled with the Clerk by Rep. André Thapedi
  1/19/2018HouseFirst Reading
  1/19/2018HouseReferred to Rules Committee
  1/24/2018HouseAssigned to Judiciary - Civil Committee
  1/31/2018HouseTo Real & Personal Property Law Subcommittee
  3/8/2018HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. André Thapedi
  3/8/2018HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/21/2018HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  4/10/2018HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 003-000-000
  4/10/2018HouseReported Back To Judiciary - Civil Committee;
  4/10/2018HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  4/10/2018HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 011-000-000
  4/10/2018HousePlaced on Calendar 2nd Reading - Short Debate
  4/12/2018HouseAdded Chief Co-Sponsor Rep. Carol Ammons
  4/18/2018HouseSecond Reading - Short Debate
  4/18/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/20/2018HouseThird Reading - Short Debate - Passed 098-000-000
  4/20/2018HouseAdded Chief Co-Sponsor Rep. Michelle Mussman
  4/23/2018SenateArrive in Senate
  4/23/2018SenatePlaced on Calendar Order of First Reading April 24, 2018
  5/1/2018SenateChief Senate Sponsor Sen. John G. Mulroe
  5/1/2018SenateFirst Reading
  5/1/2018SenateReferred to Assignments
  5/2/2018SenateAssigned to Judiciary
  5/3/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  5/9/2018SenateDo Pass Judiciary; 009-000-000
  5/9/2018SenatePlaced on Calendar Order of 2nd Reading May 10, 2018
  5/10/2018SenateSecond Reading
  5/10/2018SenatePlaced on Calendar Order of 3rd Reading May 15, 2018
  5/23/2018SenateAdded as Alternate Co-Sponsor Sen. Julie A. Morrison
  5/23/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/23/2018SenateThird Reading - Passed; 058-000-000
  5/23/2018HousePassed Both Houses

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