Full Text of SB0769 102nd General Assembly
SB0769sam001 102ND GENERAL ASSEMBLY | Sen. Rachelle Crowe Filed: 4/23/2021
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| 1 | | AMENDMENT TO SENATE BILL 769
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 769 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Home Repair Fraud Act is amended by | 5 | | changing Section 3 as follows:
| 6 | | (815 ILCS 515/3) (from Ch. 121 1/2, par. 1603)
| 7 | | Sec. 3. Home Repair Fraud.
| 8 | | (a) A person commits the offense of home repair fraud when | 9 | | he knowingly
enters into an agreement or contract, written or | 10 | | oral, with a person for
home repair, and he knowingly:
| 11 | | (1) Misrepresents a material fact relating to the | 12 | | terms of the contract
or agreement or the preexisting or | 13 | | existing condition of any portion of the
property | 14 | | involved, or creates or confirms another's impression | 15 | | which is
false and which he does not believe to be true, or | 16 | | promises performance
which he does not intend to perform |
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| 1 | | or knows will not be performed; or
| 2 | | (2) uses or employs any deception, false pretense or | 3 | | false promises in
order to induce, encourage or solicit | 4 | | such person to enter into any
contract or agreement; or
| 5 | | (3) enters into an unconscionable agreement or | 6 | | contract requiring
payment to the contractor of at least | 7 | | $4,000. A contract is unconscionable
within the meaning of | 8 | | this Act when an unreasonable difference exists
between | 9 | | the value of the services, materials and work to be | 10 | | performed and
the amount charged for those services, | 11 | | materials and work. For purposes of
this Section, prima | 12 | | facie evidence shall exist that the contract or
agreement | 13 | | is unconscionable if the total payment called for by the | 14 | | contract
or agreement is in excess of four times the fair | 15 | | market value for those
services, materials and work; or
| 16 | | (4) fails to comply with the provisions of "An Act in | 17 | | relation to
the use of an assumed name in the conduct or | 18 | | transaction of business in
this State", approved July 17, | 19 | | 1941, as amended, and misrepresents or
conceals either his | 20 | | real name, the name of his business, or his business
| 21 | | address.
| 22 | | (b) A person commits the offense of home repair fraud when | 23 | | he knowingly:
| 24 | | (1) damages the property of a person with the intent | 25 | | to enter
into an agreement or contract for home repair; or
| 26 | | (2) misrepresents himself or another to be an employee |
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| 1 | | or agent of any
unit of the federal, State or municipal | 2 | | government or any other
governmental unit, or an employee | 3 | | or agent of any public utility, with the
intent to cause a | 4 | | person to enter into, with himself or another, any
| 5 | | contract or agreement for home repair ; or .
| 6 | | (3) promises performance which the person knows will | 7 | | not be completed at any time during the performance of the | 8 | | service. | 9 | | (c) For purposes of subsection (a), paragraph (1), it | 10 | | shall be a
rebuttable presumption of intent or knowledge that | 11 | | a person promises
performance which he does not intend to | 12 | | perform and knows will not be
performed when, after no | 13 | | performance or no substantial performance of a
contract or | 14 | | agreement for home repair, he fails or refuses to return
| 15 | | payments made by the victim and he:
| 16 | | (1) fails to acknowledge or respond to a written | 17 | | demand for commencement
or completion of home repair | 18 | | within 10 days after such demand is mailed or
presented to | 19 | | him by the victim or by the victim's legal representative | 20 | | or
by a law enforcement or consumer agency acting on | 21 | | behalf of the victim; or
| 22 | | (2) fails to notify the victim in writing of a change | 23 | | of business name
or address prior to the completion of the | 24 | | home repair; or
| 25 | | (3) makes false statements or representations to the | 26 | | victim to excuse
his non-performance or non-substantial |
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| 1 | | performance; or
| 2 | | (4) uses deception to obtain the victim's consent to | 3 | | modification of the
terms of the original contract or | 4 | | agreement; or
| 5 | | (5) fails to employ qualified personnel necessary to | 6 | | perform
the home repair; or
| 7 | | (6) fails to order or purchase the basic materials | 8 | | required for
performance of the home repair; or
| 9 | | (7) fails to comply with municipal, county, State or | 10 | | federal
regulations or codes relating to the performance | 11 | | of home repair.
| 12 | | Intent and knowledge shall be determined by an evaluation | 13 | | of all
circumstances surrounding a transaction and the | 14 | | determination shall not be
limited to the time of contract or | 15 | | agreement.
| 16 | | Substantial performance shall not include work performed | 17 | | in a manner
of little or no value or work that fails to comply | 18 | | with the appropriate
municipal, county, State or federal | 19 | | regulations or codes.
| 20 | | (Source: P.A. 87-820.)".
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