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Public Act 098-1030
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| HB5735 Enrolled | LRB098 18440 AMC 53577 b |
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Home |
Repair and Construction Task Force Act.
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Section 5. Findings. The General Assembly finds as follows: |
(1) In November, 2013, several tornadoes devastated |
parts of many Illinois towns, including Brookport, Coal |
City/Braidwood, Gifford, New Minden, Pekin, and |
Washington. In previous years, Illinois has suffered |
natural disasters, such as the flooding that destroyed |
parts of southern Illinois in 1993. Storms, tornadoes, and |
flooding have affected numerous parts of the State nearly |
every year. |
(2) Often, after natural disasters such as storms or |
flooding, contractors from outside the local area where the |
disaster occurred come into the area and solicit business. |
In some cases, the contractors engage in high pressure |
sales tactics and collect large down payments from |
homeowners anxious to repair their homes after a disaster, |
and then fail to complete the work in a workmanlike manner |
or leave the area without even beginning the work. |
Homeowners are unable to reach the contractors either |
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because the contractors provided a false physical address |
or telephone number or because the contractors are |
unresponsive to calls and letters. |
(3) Each year, the Attorney General's office receives a |
significant number of consumer complaints about home |
repair and construction, and such complaints rank among the |
top 10 consumer complaint types that office receives |
annually. These complaints often involve allegations of |
poor workmanship, failure to complete the contracted for |
work, or failure to begin the contracted for work. These |
complaints often arise after natural disasters, but the |
Attorney General's office also receives numerous |
complaints every year about routine home repair and |
construction outside of a natural disaster. |
(4) The Attorney General wishes to explore whether |
Illinois residents would benefit from legislation that |
requires home repair and construction contractors to |
obtain a license from the Department of Financial and |
Professional Regulation before offering home repair and |
construction services in Illinois and, if so, whether |
potential licensees and all their agents should be required |
to pass a proficiency test and meet certain qualifications |
as a condition of obtaining a license.
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Section 10. Definition. As used in this Act, "home repair |
and construction" means the building of a new structure |
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primarily designed or used as a residence or the fixing, |
replacing, altering, converting, modernizing, improving, or |
making of an addition to any real property primarily designed |
or used as a residence other than maintenance, service, or |
repairs under $500. "Home repair and construction" includes the |
construction, installation, replacement, or improvement of |
driveways, swimming pools, porches, kitchens, bathrooms, |
basements, chimneys, chimney liners, garages, fences, fallout |
shelters, central air conditioning, central heating, boilers, |
furnaces, electrical wiring, sewers, plumbing fixtures, storm |
doors, windows, roofs, and awnings and other improvements to |
structures within the residence or upon the land adjacent to |
the residence. "Home repair and construction" does not include |
the sale, installation, cleaning, or repair of carpets; the |
repair, installation, replacement, or connection of any home |
appliance, including, but not limited to, disposals, |
refrigerators, ranges, garage door openers, televisions or |
television antennas, washing machines, telephones, hot water |
heaters, satellite dishes, or other appliances when the person |
replacing, installing, repairing, or connecting the home |
appliance is an employee or agent of the merchant that sold the |
home appliance or sold new products of the same type; or |
landscaping.
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Section 15. Home Repair and Construction Task Force; |
members. |
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(a) There is created the Home Repair and Construction Task |
Force consisting of the following members: |
(1) one member of the Senate appointed by the President |
of the Senate; |
(2) one member of the Senate appointed by the Minority |
Leader of the Senate; |
(3) one member of the House of Representatives |
appointed by the Speaker of the House of Representatives; |
(4) one member of the House of Representatives |
appointed by the Minority Leader of the House of |
Representatives; |
(5) one member appointed by the Governor; |
(6) one member representing the Department of |
Financial and Professional Regulation appointed by the |
Secretary of Financial and Professional Regulation; |
(7) one member representing consumers' interests |
appointed by the Attorney General; |
(8) two members representing the home repair industry |
appointed by the Attorney General; |
(9) three members representing the home builder |
industry appointed by the Attorney General; |
(10) one member representing the retail merchants that |
subcontract with home repair industry and construction |
industry members appointed by the Attorney General; |
(11) one member representing the homeowners insurance |
industry appointed by the Attorney General; |
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(12) three members representing unions with members in |
the home repair and construction industries appointed by |
the Attorney General; |
(13) one member representing the interests of Illinois |
municipalities appointed by the Attorney General; |
(14) one member representing the interests of Illinois |
counties appointed by the Attorney General; |
(15) one member appointed by the City of Chicago |
Commissioner of Business Affairs and Consumer Protection; |
(16) one member representing Illinois building |
officials appointed by the Attorney General; and |
(17) one member appointed by the Attorney General, who |
shall be designated the chairperson by the Attorney |
General. |
(b) All appointments to the Task Force shall be made within |
60 days after the effective date of this Act. |
(c) Vacancies in the Task Force shall be filled by the |
initial appointing authority within 30 days after the vacancy |
occurs. |
(d) The members of the Task Force shall serve without |
compensation. |
(e) The Task Force may consult with experts and shall |
receive the cooperation of those State agencies it deems |
appropriate to assist the Task Force in carrying out its |
duties. |
(f) The Task Force shall meet initially at the call of the |
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Attorney General no later than 90 days after the effective date |
of this Act, and shall thereafter meet at the call of the |
chairperson. |
(g) The Attorney General shall provide administrative and |
other support to the Task Force.
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Section 20. Duties. The Task Force shall: |
(1) discuss whether the residents of Illinois would |
benefit from legislation requiring home repair and |
construction service providers to obtain a license from the |
Department of Financial and Professional Regulation before |
offering theses services in Illinois; |
(2) if it is determined that licensure is required, |
determine: |
(A) the requirements applicants must meet to |
qualify for a license; |
(B) grounds for denial or revocation of a license; |
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(C) any other considerations relevant to a |
licensing requirement; and |
(3) make recommendations to the General Assembly.
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Section 25. Report. No later than November 1, 2015, the |
Task Force shall summarize its findings and recommendations in |
a report to the General Assembly and shall file the report as |
provided in Section 3.1 of the General Assembly Organization |