Full Text of SB1819 100th General Assembly
SB1819 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1819 Introduced 2/9/2017, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
| 5 ILCS 80/4.36 | | 225 ILCS 335/Act rep. | | 730 ILCS 5/5-5-5 | from Ch. 38, par. 1005-5-5 | 815 ILCS 513/18 | | 815 ILCS 513/20 | |
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Repeals the Illinois Roofing Industry Licensing Act. Makes conforming changes in the Regulatory Sunset Act, the Unified Code of Corrections, and the Home Repair and Remodeling Act. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.36 as follows: | 6 | | (5 ILCS 80/4.36) | 7 | | Sec. 4.36. Acts repealed on January 1, 2026. The following | 8 | | Acts are repealed on January 1, 2026: | 9 | | The Barber, Cosmetology, Esthetics, Hair Braiding, and | 10 | | Nail Technology Act of 1985. | 11 | | The Collection Agency Act. | 12 | | The Hearing Instrument Consumer Protection Act. | 13 | | The Illinois Athletic Trainers Practice Act. | 14 | | The Illinois Dental Practice Act. | 15 | | The Illinois Roofing Industry Licensing Act.
| 16 | | The Illinois Physical Therapy Act. | 17 | | The Professional Geologist Licensing Act. | 18 | | The Respiratory Care Practice Act. | 19 | | (Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15; | 20 | | 99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15; | 21 | | 99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff. | 22 | | 12-31-15; 99-642, eff. 7-28-16.)
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| 1 | | (225 ILCS 335/Act rep.)
| 2 | | Section 10. The Illinois Roofing Industry Licensing Act is | 3 | | repealed. | 4 | | Section 15. The Unified Code of Corrections is amended by | 5 | | changing Section 5-5-5 as follows:
| 6 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 7 | | Sec. 5-5-5. Loss and Restoration of Rights.
| 8 | | (a) Conviction and disposition shall not entail the loss by | 9 | | the
defendant of any civil rights, except under this Section | 10 | | and Sections 29-6
and 29-10 of The Election Code, as now or | 11 | | hereafter amended.
| 12 | | (b) A person convicted of a felony shall be ineligible to | 13 | | hold an office
created by the Constitution of this State until | 14 | | the completion of his sentence.
| 15 | | (c) A person sentenced to imprisonment shall lose his right | 16 | | to vote
until released from imprisonment.
| 17 | | (d) On completion of sentence of imprisonment or upon | 18 | | discharge from
probation, conditional discharge or periodic | 19 | | imprisonment, or at any time
thereafter, all license rights and | 20 | | privileges
granted under the authority of this State which have | 21 | | been revoked or
suspended because of conviction of an offense | 22 | | shall be restored unless the
authority having jurisdiction of | 23 | | such license rights finds after
investigation and hearing that | 24 | | restoration is not in the public interest.
This paragraph (d) |
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| 1 | | shall not apply to the suspension or revocation of a
license to | 2 | | operate a motor vehicle under the Illinois Vehicle Code.
| 3 | | (e) Upon a person's discharge from incarceration or parole, | 4 | | or upon a
person's discharge from probation or at any time | 5 | | thereafter, the committing
court may enter an order certifying | 6 | | that the sentence has been
satisfactorily completed when the | 7 | | court believes it would assist in the
rehabilitation of the | 8 | | person and be consistent with the public welfare.
Such order | 9 | | may be entered upon the motion of the defendant or the State or
| 10 | | upon the court's own motion.
| 11 | | (f) Upon entry of the order, the court shall issue to the | 12 | | person in
whose favor the order has been entered a certificate | 13 | | stating that his
behavior after conviction has warranted the | 14 | | issuance of the order.
| 15 | | (g) This Section shall not affect the right of a defendant | 16 | | to
collaterally attack his conviction or to rely on it in bar | 17 | | of subsequent
proceedings for the same offense.
| 18 | | (h) No application for any license specified in subsection | 19 | | (i) of this
Section granted under the
authority of this State | 20 | | shall be denied by reason of an eligible offender who
has | 21 | | obtained a certificate of relief from disabilities, as
defined | 22 | | in Article 5.5 of this Chapter, having been previously | 23 | | convicted of one
or more
criminal offenses, or by reason of a | 24 | | finding of lack of "good moral
character" when the finding is | 25 | | based upon the fact that the applicant has
previously been | 26 | | convicted of one or more criminal offenses, unless:
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| 1 | | (1) there is a direct relationship between one or more | 2 | | of the previous
criminal offenses and the specific license | 3 | | sought; or
| 4 | | (2) the issuance of the license would
involve an | 5 | | unreasonable risk to property or to the safety or welfare | 6 | | of
specific individuals or the general public.
| 7 | | In making such a determination, the licensing agency shall | 8 | | consider the
following factors:
| 9 | | (1) the public policy of this State, as expressed in | 10 | | Article 5.5 of this
Chapter, to encourage the licensure and | 11 | | employment of persons previously
convicted of one or more | 12 | | criminal offenses;
| 13 | | (2) the specific duties and responsibilities | 14 | | necessarily related to the
license being sought;
| 15 | | (3) the bearing, if any, the criminal offenses or | 16 | | offenses for which the
person
was previously convicted will | 17 | | have on his or her fitness or ability to perform
one or
| 18 | | more such duties and responsibilities;
| 19 | | (4) the time which has elapsed since the occurrence of | 20 | | the criminal
offense or offenses;
| 21 | | (5) the age of the person at the time of occurrence of | 22 | | the criminal
offense or offenses;
| 23 | | (6) the seriousness of the offense or offenses;
| 24 | | (7) any information produced by the person or produced | 25 | | on his or her
behalf in
regard to his or her rehabilitation | 26 | | and good conduct, including a certificate
of relief from |
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| 1 | | disabilities issued to the applicant, which certificate | 2 | | shall
create a presumption of rehabilitation in regard to | 3 | | the offense or offenses
specified in the certificate; and
| 4 | | (8) the legitimate interest of the licensing agency in | 5 | | protecting
property, and
the safety and welfare of specific | 6 | | individuals or the general public.
| 7 | | (i) A certificate of relief from disabilities shall be | 8 | | issued only
for a
license or certification issued under the | 9 | | following Acts:
| 10 | | (1) the Animal Welfare Act; except that a certificate | 11 | | of relief from
disabilities may not be granted
to provide | 12 | | for
the
issuance or restoration of a license under the | 13 | | Animal Welfare Act for any
person convicted of violating | 14 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 15 | | Care for Animals Act or Section 26-5 or 48-1 of the | 16 | | Criminal Code of
1961 or the Criminal Code of 2012;
| 17 | | (2) the Illinois Athletic Trainers Practice Act;
| 18 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 19 | | and Nail Technology Act of 1985;
| 20 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 21 | | Act;
| 22 | | (5) the Boxing and Full-contact Martial Arts Act;
| 23 | | (6) the Illinois Certified Shorthand Reporters Act of | 24 | | 1984;
| 25 | | (7) the Illinois Farm Labor Contractor Certification | 26 | | Act;
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| 1 | | (8) the Interior Design Title Act;
| 2 | | (9) the Illinois Professional Land Surveyor Act of | 3 | | 1989;
| 4 | | (10) the Illinois Landscape Architecture Act of 1989;
| 5 | | (11) the Marriage and Family Therapy Licensing Act;
| 6 | | (12) the Private Employment Agency Act;
| 7 | | (13) the Professional Counselor and Clinical | 8 | | Professional Counselor
Licensing and Practice
Act;
| 9 | | (14) the Real Estate License Act of 2000;
| 10 | | (15) (blank) the Illinois Roofing Industry Licensing | 11 | | Act ; | 12 | | (16) the Professional Engineering Practice Act of | 13 | | 1989; | 14 | | (17) the Water Well and Pump Installation Contractor's | 15 | | License Act; | 16 | | (18) the Electrologist Licensing Act;
| 17 | | (19) the Auction License Act; | 18 | | (20) the Illinois Architecture Practice Act of 1989; | 19 | | (21) the Dietitian Nutritionist Practice Act; | 20 | | (22) the Environmental Health Practitioner Licensing | 21 | | Act; | 22 | | (23) the Funeral Directors and Embalmers Licensing | 23 | | Code; | 24 | | (24) the Land Sales Registration Act of 1999; | 25 | | (25) the Professional Geologist Licensing Act; | 26 | | (26) the Illinois Public Accounting Act; and |
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| 1 | | (27) the Structural Engineering Practice Act of 1989.
| 2 | | (Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12; | 3 | | 97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff. | 4 | | 1-25-13; 98-756, eff. 7-16-14.)
| 5 | | Section 20. The Home Repair and Remodeling Act is amended | 6 | | by changing Sections 18 and 20 as follows: | 7 | | (815 ILCS 513/18) | 8 | | Sec. 18. Repairs following damaging weather. | 9 | | (a) As used in this Section, "catastrophe" means a natural | 10 | | occurrence, including but not limited to flood, drought, | 11 | | earthquake, tornado, windstorm, or hailstorm, which damages or | 12 | | destroys more than one residence. | 13 | | (b) A contractor offering home repair or remodeling | 14 | | services shall not advertise or promise to pay or rebate all or | 15 | | any portion of any insurance deductible as an inducement to the | 16 | | sale of goods or services. As used in this Section, a promise | 17 | | to pay or rebate includes granting any allowance or offering | 18 | | any discount against the fees to be charged or paying the | 19 | | insured or any person directly or indirectly associated with | 20 | | the property any form of compensation. | 21 | | (c) A contractor offering home repair or remodeling | 22 | | services shall not accept money or any form of compensation in | 23 | | exchange for allowing an out of area contractor to use its | 24 | | business name or license. |
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| 1 | | (d) (Blank) A contractor offering home repair or remodeling | 2 | | services shall include its Illinois State roofing contractor | 3 | | license name and number as it appears on its Illinois State | 4 | | roofing license on all contracts, bids, and advertisements | 5 | | involving roofing work as required by the Illinois Roofing | 6 | | Industry Licensing Act . | 7 | | (e) A person who has entered into a written contract with a | 8 | | contractor offering home repair or remodeling services to | 9 | | provide goods or services to be paid from the proceeds of a | 10 | | property and casualty insurance policy may cancel the contract | 11 | | prior to midnight on the earlier of the fifth business day | 12 | | after the insured has received written notice from the insurer | 13 | | that all or any part of the claim or contract is not a covered | 14 | | loss under the insurance policy or the thirtieth business day | 15 | | after receipt of a properly executed proof of loss by the | 16 | | insurer from the insured. Cancellation is evidenced by the | 17 | | insured giving written notice of cancellation to the contractor | 18 | | offering home repair or remodeling services at the address | 19 | | stated in the contract. Notice of cancellation, if given by | 20 | | mail, is effective upon deposit into the United States mail, | 21 | | postage prepaid and properly addressed to the contractor. | 22 | | Notice of cancellation may be given by delivering or mailing a | 23 | | signed and dated copy of the written notice of cancellation to | 24 | | the contractor's business address as stated in the contract. | 25 | | Notice of cancellation shall include a copy of the written | 26 | | notice from the insurer to the effect that all or part of the |
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| 1 | | claim is not a covered loss under the insurance policy. Notice | 2 | | of cancellation need not take a particular form and is | 3 | | sufficient if it indicates, by any form of written expression, | 4 | | the intention of the insured not to be bound by the contract. | 5 | | (f) Any contract referred to in subsection (e), must | 6 | | contain a statement in at least 10 point boldface, in | 7 | | substantially the following form: | 8 | | "You may cancel this contract at any time before | 9 | | midnight on the earlier of the fifth business day after | 10 | | you have received written notification from your | 11 | | insurer that all or any part of the claim or contract | 12 | | is not a covered loss under the insurance policy or the | 13 | | thirtieth business day after your insurer has received | 14 | | properly executed proof(s) of loss from you. See | 15 | | attached notice of cancellation form for an | 16 | | explanation of this right." | 17 | | (g) Upon executing a contract referred to in subsection | 18 | | (e), furnish each insured a fully completed form in duplicate, | 19 | | captioned "NOTICE OF CANCELLATION", which shall be attached to | 20 | | the contract but easily detachable, and which shall contain | 21 | | boldface type of a minimum size of 10 points the following | 22 | | statement with the appropriate fields completed by the | 23 | | contractor: | 24 | | "NOTICE OF CANCELLATION | 25 | | If you are notified by your insurer that all or any | 26 | | part of the claim or contract is not a covered loss |
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| 1 | | under the insurance policy, you may cancel the contract | 2 | | by mailing or delivering a signed and dated copy of | 3 | | this cancellation notice or any other written notice to | 4 | | (name of contractor) at (address of contractor's place | 5 | | of business) at any time prior to midnight on the | 6 | | earlier of the fifth business day after you have | 7 | | received such notice from your insurer or the thirtieth | 8 | | business day after your insurer has received properly | 9 | | executed proof(s) of loss from you. If you cancel, any | 10 | | payments made by you under the contract, other than | 11 | | payments for goods or services related to a catastrophe | 12 | | which you agreed in writing to be necessary to prevent | 13 | | damage to your property, will be returned to you within | 14 | | 10 business days following receipt by the contractor of | 15 | | your cancellation notice. | 16 | | I HEREBY CANCEL THIS TRANSACTION | 17 | | ................................ | 18 | | (date) | 19 | | ................................ | 20 | | (insured's signature)". | 21 | | (h) Within 10 days after a contract referred to in | 22 | | subsection (e) has been cancelled, the contractor offering home | 23 | | repair or remodeling services shall tender to the insured any | 24 | | payments, partial payments, or deposits made by the insured and | 25 | | any note or other evidence of indebtedness. If, however, the | 26 | | contractor has provided any goods or services related to a |
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| 1 | | catastrophe, acknowledged and agreed to by the insured in | 2 | | writing to be necessary to prevent damage to the premises, the | 3 | | contractor is entitled to the reasonable value of such goods | 4 | | and services. Any provision in a contract referred to in | 5 | | subsection (e) that requires the payment of any fee for | 6 | | anything except goods or services related to a catastrophe | 7 | | shall not be enforceable against any insured who has cancelled | 8 | | a contract pursuant to this Section. | 9 | | (i) A contractor offering home repair or remodeling | 10 | | services shall not represent, or offer or advertise to | 11 | | represent, on behalf of a homeowner on any insurance claim in | 12 | | connection with the repair or replacement of roof systems, or | 13 | | the performance of any other interior or exterior repair, | 14 | | replacement, construction or reconstruction work; or otherwise | 15 | | violate the Public Adjusters Law (Public Act 96-1332). A Public | 16 | | Adjuster means any person who acts on behalf of the insured in | 17 | | preparing and adjusting a claim for loss or damage covered by | 18 | | an insurance contract. A contractor offering home repair or | 19 | | remodeling services shall not call in or file a claim to an | 20 | | insurance carrier on the insured's behalf. A contractor | 21 | | offering home repair or remodeling services shall not climb on | 22 | | a roof or inspect for exterior damage without the insured's | 23 | | express permission. Nothing in this subsection shall be | 24 | | construed to prohibit a residential contractor from: (1) | 25 | | providing an insured an estimate for repair, replacement, | 26 | | construction, or reconstruction of the insured's property and |
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| 1 | | any such estimate may be submitted to the insured's insurance | 2 | | company; (2) conferring with an insurance company's | 3 | | representative about damage to an insured's property; or (3) | 4 | | discussing repair or replacement options with an insurance | 5 | | company's representative or the insured about options for the | 6 | | repair or replacement of the damage.
| 7 | | (Source: P.A. 97-235, eff. 1-1-12.)
| 8 | | (815 ILCS 513/20)
| 9 | | Sec. 20. Consumer rights brochure.
| 10 | | (a) For any contract over $1,000, any
person engaging in | 11 | | the business
of home repair and remodeling shall provide to its | 12 | | customers a copy of the
"Home Repair: Know Your Consumer | 13 | | Rights" pamphlet prior to the execution of any
home repair and | 14 | | remodeling contract. The consumer shall sign and date an
| 15 | | acknowledgment form entitled "Consumer Rights Acknowledgment | 16 | | Form" that states:
"I, the homeowner, have received from the | 17 | | contractor a copy of the pamphlet
entitled 'Home Repair: Know | 18 | | Your Consumer Rights.'" The contractor or his or
her | 19 | | representative shall also sign and date the acknowledgment | 20 | | form, which
includes the name and address of the home repair | 21 | | and remodeling business. The
acknowledgment form shall be in | 22 | | duplicate and incorporated into the pamphlet.
The original | 23 | | acknowledgment form shall be retained by the contractor and the
| 24 | | duplicate copy shall be retained within the pamphlet by the | 25 | | consumer.
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| 1 | | (b) For any contract for $1,000 or under, any person | 2 | | engaging in the
business
of home repair and remodeling shall | 3 | | provide to its customers a copy of the
"Home Repair: Know Your | 4 | | Consumer Rights" pamphlet. No written acknowledgment
of | 5 | | receipt of the pamphlet is required for a contract of $1,000 or | 6 | | under.
| 7 | | (c) The
pamphlet must be a separate
document, in at least | 8 | | 12 point type, and in legible ink. The pamphlet shall
read as | 9 | | follows:
| 10 | | "HOME REPAIR: KNOW YOUR CONSUMER RIGHTS
| 11 | | As you plan for your home repair/improvement project, it is | 12 | | important to
ask the right questions in order to protect your | 13 | | investment. The tips in this
fact sheet should allow you to | 14 | | protect yourself and minimize the possibility
that a | 15 | | misunderstanding may occur.
| 16 | | AVOIDING HOME REPAIR FRAUD
| 17 | | Please use extreme caution when confronted with the following | 18 | | warning signs of
a potential scam:
| 19 | | (1) Door-to-door salespersons with no local connections | 20 | | who offer to do
home repair work for substantially less than | 21 | | the market price.
| 22 | | (2) Solicitations for repair work from a company that lists |
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| 1 | | only a
telephone number or a post-office box number to contact, | 2 | | particularly if it is
an
out-of-state company.
| 3 | | (3) Contractors who fail to provide customers references | 4 | | when requested.
| 5 | | (4) Persons offering to inspect your home for free. Do not | 6 | | admit anyone
into your home unless he or she can present | 7 | | authentic identification
establishing his or her business | 8 | | status. When in doubt, do not hesitate to
call the
worker's | 9 | | employer to verify his or her identity.
| 10 | | (5) Contractors demanding cash payment for a job or who ask | 11 | | you to make a
check payable to a person other than the owner or | 12 | | company name.
| 13 | | (6) Offers from a contractor to drive you to the bank to | 14 | | withdraw funds to
pay for the work.
| 15 | | CONTRACTS
| 16 | | (1) Get all estimates in writing.
| 17 | | (2) Do not be induced into signing a contract by | 18 | | high-pressure sales
tactics.
| 19 | | (3) Never sign a contract with blank spaces or one you do | 20 | | not fully
understand. If you are taking out a loan to finance | 21 | | the work, do not sign the
contract before your lender approves | 22 | | the loan.
| 23 | | (4) Remember, you have 3 business days from the time you | 24 | | sign your
contract
to cancel any contract if the sale is made |
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| 1 | | at your home. The contractor cannot
deprive you of this right | 2 | | by initiating work, selling your contract to a
lender, or any | 3 | | other tactic.
| 4 | | (5) If the contractor does business under a name other than | 5 | | the
contractor's
real name, the business must either be | 6 | | incorporated or registered under the
Assumed Business Name Act. | 7 | | Check with the Secretary of State to see if the
business is
| 8 | | incorporated or with the county clerk to see if the business | 9 | | has registered
under the Assumed Business Name Act.
| 10 | | (6) Homeowners should check with local and county units of | 11 | | government to
determine if permits or inspections are required.
| 12 | | (7) Determine whether the contractor will guarantee his or | 13 | | her work and
products.
| 14 | | (8) Determine whether the contractor has the proper | 15 | | insurance.
| 16 | | (9) Do not sign a certificate of completion or make final | 17 | | payment until
the
work is done to your satisfaction.
| 18 | | (10) Remember, homeowners should know who provides | 19 | | supplies and labor for
any work performed on your home. | 20 | | Suppliers and subcontractors have a right to
file a lien | 21 | | against your property if the general contractor fails to pay | 22 | | them.
To protect your property, request lien waivers from the | 23 | | general contractor.
| 24 | | BASIC TERMS TO BE INCLUDED IN A CONTRACT
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| 1 | | (1) Contractor's full name, address, and telephone number. | 2 | | Illinois law
requires that
persons selling home repair and | 3 | | improvement services provide their customers
with notice of any | 4 | | change to their business name or address that comes about
prior | 5 | | to the agreed dates for beginning or completing the work.
| 6 | | (2) A description of the work to be performed.
| 7 | | (3) Starting and estimated completion dates.
| 8 | | (4) Total cost of work to be performed.
| 9 | | (5) Schedule and method of payment, including down payment, | 10 | | subsequent
payments, and final payment.
| 11 | | (6) A provision stating the grounds for termination of the | 12 | | contract by
either party. However, the homeowner must pay the | 13 | | contractor for work
completed. If the contractor fails to | 14 | | commence or complete work within the
contracted time period, | 15 | | the homeowner may cancel and may be entitled to a
refund of any | 16 | | down payment
or other payments made towards the work, upon | 17 | | written demand by certified mail.
| 18 | | (7) A provision stating the grounds for termination of the | 19 | | contract if you are notified by your insurer that all or any | 20 | | part of the claim or contract is not a covered loss under the | 21 | | insurance policy, you may cancel the contract by mailing or | 22 | | delivering written notice to (name of contractor) at (address | 23 | | of contractor's place of business) at any time prior to the | 24 | | earlier of midnight on the fifth business day after you have | 25 | | received such notice from your insurer or the thirtieth | 26 | | business day after receipt of a properly executed proof of loss |
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| 1 | | by the insurer from the insured. If you cancel, any payments | 2 | | made by you under the contract will be returned to you within | 3 | | 10 business days following receipt by the contractor of your | 4 | | cancellation notice. If, however, the contractor has provided | 5 | | any goods or services related to a catastrophe, acknowledged | 6 | | and agreed to by the insured homeowner in writing to be | 7 | | necessary to prevent damage to the premises, the contractor is | 8 | | entitled to the reasonable value of such goods and services. | 9 | | Homeowners should obtain a copy of the signed contract and | 10 | | keep it in a safe
place for reference as needed.
| 11 | | To file a complaint against a roofing contractor, contact | 12 | | the Illinois Department of Financial and Professional | 13 | | Regulation at 312-814-6910 or file a complaint directly on its | 14 | | website.
| 15 | | IF YOU THINK YOU HAVE BEEN DEFRAUDED OR YOU HAVE QUESTIONS
| 16 | | If you think you have been defrauded by a contractor or | 17 | | have any questions,
please bring
it to the attention of your | 18 | | State's Attorney or the Illinois Attorney General's
Office.
| 19 | | Attorney General Toll-Free Numbers
| 20 | | Carbondale (800) 243-0607
| 21 | | Springfield (800) 243-0618
| 22 | | Chicago (800) 386-5438".
| 23 | | (Source: P.A. 97-235, eff. 1-1-12.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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