94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2594


 
Introduced 2/18/2005, by Rep. William Delgado
 
SYNOPSIS AS INTRODUCED:
 		
















815 ILCS 513/15





815 ILCS 513/15.1 new





815 ILCS 513/30









    Amends the Home Repair and Remodeling Act.      Requires a person engaged in the business of home repair and remodeling, that prepares or presents a written offer for home repair and remodeling to a consumer, to advise the consumer before the contract or agreement is accepted and executed of the presence of any contractual provision that requires the consumer to: (i) submit all contract or agreement disputes to binding arbitration in place
of a hearing in court before a judge or jury; and (ii)
waive his or her right to a trial by jury.    Provides that the consumer shall be given the option of accepting or rejecting both the binding arbitration clause and the jury trial waiver clause before the contract or agreement is accepted and executed by the consumer.     Provides that failure to advise a consumer of the presence of the binding arbitration clause or the jury trial waiver clause or to secure the necessary acceptance, rejection or consumer signature shall render null and void each clause that has not been accepted or rejected and signed by the consumer.  Makes other changes. Effective January 1, 2006  
















LRB094 08973 RXD 39194 b

















 


 


A BILL FOR









 











HB2594

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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 5. The Home Repair and Remodeling Act is amended  by 
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changing Sections 15 and 30 and  by adding Section 15.1 as 
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follows:
 



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    (815 ILCS 513/15)



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    Sec. 15. Written contract; costs enumerated requirements; 
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contents. Prior to initiating home
repair or remodeling work 
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for over $1,000, a person engaged in the business of
home 
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repair or
remodeling shall furnish to the customer for 
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signature a written contract or
work order that states the 
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total cost, including parts and materials listed
with 
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reasonable particularity and any charge for an estimate.  In 
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addition, the
contract shall state the business name and 
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address of the person engaged in the
business of home repair or 
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remodeling.  If the person engaged in the business
of home 
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repair or remodeling uses a post office box or mail receiving 
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service
or agent to receive home repair or remodeling business 
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correspondence, the
contract also shall state the residence 
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address of the person engaged in the
business of
home repair or 
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remodeling.

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(Source: P.A. 91-230, eff. 1-1-00.)

 
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    (815 ILCS 513/15.1  new)
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    Sec. 15.1. Notice of contractual provisions.
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    (a) A person engaged in the business of home repair and 
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remodeling, that prepares or presents a written offer for home 
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repair and remodeling to a consumer, shall advise the consumer, 
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before the contract or agreement is accepted and executed, of 
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the presence of any contractual provision that requires the 
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consumer to: (i) submit all contract or agreement disputes to 
 


 






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binding arbitration in place
of a hearing in court before a 
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judge or jury; and (ii)
waive his or her right to a trial by 
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jury.

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    (b) The consumer shall be given the option of accepting or 
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rejecting both the binding arbitration clause and the jury 
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trial waiver clause before the contract or agreement is 
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accepted and executed by the consumer. If the consumer rejects 
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either the binding arbitration clause or the jury trial waiver 
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clause, or rejects both clauses, it shall be viewed as a 
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counter offer to proceed with the proposed contract or 
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agreement without the clause or clauses rejected. Proof that 
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the consumer was given the option of accepting or rejecting 
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both the binding arbitration clause and the jury trial waiver 
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clause shall be demonstrated by having the consumer sign his or 
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her name and write the word "accept" or "reject" in the margin 
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next to each of the above clauses where it appears in the 
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executed contract or agreement.
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    (c) Failure to advise a consumer of the presence of the 
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binding arbitration clause or the jury trial waiver clause or 
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to secure the necessary acceptance, rejection or consumer 
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signature as provided in this Section shall render null and 
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void each clause that has not been accepted or rejected and 
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signed by the consumer.

 



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    (815 ILCS 513/30)



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    Sec. 30. Unlawful acts. It is unlawful for any person 
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engaged in the
business of
home repairs and remodeling to 
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remodel or make repairs or charge for remodeling
or
repair work 
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before obtaining a signed contract or work order over $1,000 
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and before notifying and securing the signed acceptance or 
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rejection, by the consumer, of the binding arbitration clause 
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and the jury trial waiver clause as required in Section 15 and 
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Section 15.1 of this Act.
This
conduct is unlawful but is not 
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exclusive nor meant to limit other kinds of
methods, acts,
or 
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practices that may be unfair or deceptive.

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(Source: P.A. 91-230, eff. 1-1-00.)

 

 


 






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    Section 99. Effective date. This Act takes effect January 
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1, 2006.