Bill Text: IL HB5735 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Home Repair and Construction Task Force Act. Establishes the Home Repair and Construction Task Force. Sets forth the membership of the Task Force. Provides that 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 the requirements applicants must meet to qualify for a license, grounds for denial or revocation of a license, and any other considerations relevant to a licensing requirement; and (3) make recommendations to the General Assembly. Provides that the Task Force shall summarize its findings and recommendations in a report to the General Assembly no later than November 1, 2015. Repeals the Act on January 1, 2016. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-08-25 - Public Act . . . . . . . . . 98-1030 [HB5735 Detail]

Download: Illinois-2013-HB5735-Amended.html

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Sen. David Koehler

Filed: 5/9/2014

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AMENDMENT TO HOUSE BILL 5735
AMENDMENT NO. ______. Amend House Bill 5735 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Home
Repair and Construction Task Force Act.
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

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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
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

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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.
Section 10. Definition. As used in this Act, "home repair
and construction" means the building of a new structure
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

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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.
Section 15. Home Repair and Construction Task Force;
members.
(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 a consumer advocacy group;
(8) two members representing the home repair industry
appointed by the head of an association representing the

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interests of the home repair industry;
(9) three members representing the home builder
industry appointed by the head of an association
representing the interests of the home builder industry;
(10) one member representing the retail merchants that
subcontract with home repair industry and construction
industry members appointed by the head of an association
representing the interests of these retail merchants;
(11) one member representing the homeowners insurance
industry appointed by the head of an association
representing the interests of the homeowners insurance
industry;
(12) two members representing unions with members in
the home repair and construction industries appointed by
the heads of these unions;
(13) one member representing the interests of Illinois
municipalities appointed by the head of an association
representing the interests of Illinois municipalities;
(14) one member representing the interests of Illinois
counties appointed by the head of an association
representing the interests of Illinois counties;
(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 head of a statewide association
representing the interests of Illinois building officials;

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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
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.
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

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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;
and
(C) any other considerations relevant to a
licensing requirement; and
(3) make recommendations to the General Assembly.
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
Act. Upon filing its report, the Task Force is dissolved.
Section 30. Repealer. This Act is repealed on January 1,
2016.
Section 99. Effective date. This Act takes effect upon
becoming law.".