Bill Text: IN HB1237 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Home improvement contracts.

Sponsorship: Partisan Bill (Republican 3)

Status: (Enrolled - Dead) 2012-03-15 - Signed by the Governor [HB1237 Detail]

Download: Indiana-2012-HB1237-Amended.html


January 25, 2012





HOUSE BILL No. 1237

_____


DIGEST OF HB 1237 (Updated January 24, 2012 9:06 am - DI 97)



Citations Affected: IC 24-5.

Synopsis: Home improvement contracts. Amends the statute governing home improvement contracts to specify that "home improvement" includes work performed on a roof system. Defines "insured consumer" for purposes of the statute. Provides that before entering into a home improvement contract for a home improvement that is or may be covered by a personal line property and casualty insurance policy, a home improvement supplier must furnish the insured consumer: (1) a statement of the consumer's right to cancel the contract under the statute; and (2) a cancellation form that may used by the consumer to cancel the contract. Provides that a home improvement supplier shall not advertise, offer, or promise to pay or rebate any part of an insurance deductible to induce a person to enter into a home improvement contract or otherwise purchase goods or services from the home improvement supplier. Provides that an insured consumer who enters into a home improvement contract may cancel the contract before midnight on the third business day after the insured consumer receives written notice from the insurance company that any part of the claim or contract is not a covered loss. Provides that within 10 days after a contract is cancelled, the home improvement supplier shall tender to the insured consumer: (1) any payment or deposit made by the insured consumer; and (2) any note or other evidence of indebtedness of the insured consumer. Provides that the home improvement supplier is entitled to the reasonable value of any emergency or other services actually performed. Prohibits a home improvement supplier from representing or negotiating on behalf of an insured consumer (or offering or advertising to do so) in connection with an insurance claim concerning any home improvement.

Effective: July 1, 2012.





VanNatter, Mahan, Morris




    January 9, 2012, read first time and referred to Committee on Judiciary.
    January 25, 2012, reported _ Do Pass.






January 25, 2012

Second Regular Session 117th General Assembly (2012)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1237



    A BILL FOR AN ACT to amend the Indiana Code concerning trade regulation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 24-5-11-1; (12)HB1237.1.1. -->     SECTION 1. IC 24-5-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. This chapter applies only to residential property. which means real property used in whole or in part as a dwelling of a consumer and includes all fixtures to, structures on, and improvements to the real property.
SOURCE: IC 24-5-11-3; (12)HB1237.1.2. -->     SECTION 2. IC 24-5-11-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) As used in this chapter, "home improvement" means any alteration, repair, replacement, reconstruction, or other modification of residential property.
     (b) The term includes the alteration, repair, replacement, reconstruction, or other modification of a roof system.
SOURCE: IC 24-5-11-6.2; (12)HB1237.1.3. -->     SECTION 3. IC 24-5-11-6.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6.2. As used in this chapter, "insured consumer" refers to a person:
        (1) in whose name a personal line of property and casualty

insurance coverage is issued or who is insured under the terms of the policy; and
        (2) who is or may become a consumer who enters into a home improvement contract under this chapter.

SOURCE: IC 24-5-11-7.5; (12)HB1237.1.4. -->     SECTION 4. IC 24-5-11-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7.5. (a) As used in this chapter, "residential property" means real property that:
        (1) contains one (1) to four (4) units; and
        (2) is used in whole or in part as a dwelling of a consumer.
    (b) The term includes all fixtures to, structures on, and improvements to the real property.

SOURCE: IC 24-5-11-7.7; (12)HB1237.1.5. -->     SECTION 5. IC 24-5-11-7.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7.7. As used in this chapter, "roof system" includes roof coverings, roof sheathing, roof weatherproofing, and insulation.
SOURCE: IC 24-5-11-10; (12)HB1237.1.6. -->     SECTION 6. IC 24-5-11-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) The home improvement supplier shall provide a completed home improvement contract to the consumer before it is signed by the consumer. Except as provided in subsection (c), the contract must contain at a minimum the following:
        (1) The name of the consumer and the address of the residential property that is the subject of the home improvement.
        (2) The name and address of the home improvement supplier and each of the telephone numbers and names of any agent to whom consumer problems and inquiries can be directed.
        (3) The date the home improvement contract was submitted to the consumer and any time limitation on the consumer's acceptance of the home improvement contract.
        (4) A reasonably detailed description of the proposed home improvements.
        (5) If the description required by subdivision (4) does not include the specifications for the home improvement, a statement that the specifications will be provided to the consumer before commencing any work and that the home improvement contract is subject to the consumer's separate written and dated approval of the specifications.
        (6) The approximate starting and completion dates of the home improvements.
        (7) A statement of any contingencies that would materially

change the approximate completion date.
        (8) The home improvement contract price.
        (9) Signature lines for the home improvement supplier or the supplier's agent and for each consumer who is to be a party to the home improvement contract with a legible printed or a typed version of that person's name placed directly after or below the signature.
    (b) The home improvement contract must be in a form that each consumer who is a party to it can reasonably read and understand.
    (c) If a home improvement contract is entered into as a result of damage, loss, or expense that is or may be covered, in whole or in part, by the proceeds of an a personal line property and casualty insurance policy, or damage, loss, or expense for which a third party is liable, the following conditions and requirements apply to the contract:
        (1) For the purpose of subsection (a)(4) through (a)(7), the description, completion dates, and statement of contingencies must be prepared for the proposed home improvements to the extent that the damage, loss, or expense is reasonably known by the home improvement supplier.
        (2) For the purpose of subsection (a)(4), the requirement that a reasonably detailed description be included in the contract may be satisfied with a statement that the subject real estate will be repaired or restored to the same condition in which the real estate existed before the damage, loss, or expense occurred, or to a comparable condition.
        (3) For the purpose of subsection (a)(6), the starting and completion dates may be expressed in terms of the number of days elapsed from the date when sufficient approval of the insurance carrier terms allowing for adequate repair or restoration is obtained.
        (4) For the purpose of subsection (a)(8), the insured consumer may agree to a contract price expressed in terms of the insured consumer's liability for payment after the application of insurance proceeds or payments from a liable third party.
        (5) The insured consumer may elect, in writing, to authorize the commencement of work on the home before the insured consumer receives complete specifications. However, a an insured consumer who elects to authorize the commencement of work under this subdivision is obligated for the home improvements specified and agreed to by the insurance carrier.
         (6) This subdivision applies to a home improvement contract entered into after June 30, 2012. Before entering into a home

improvement contract to which this subsection applies, the home improvement supplier must inform the insured consumer of the insured consumer's rights under section 10.5(b) of this chapter by doing the following:
            (A) Furnishing to the insured consumer the following statement: "You may cancel this contract at any time before midnight on the third business day after you have received written notification from your insurance company that all or any part of the claim or contract is not a covered loss under the insurance policy. See attached notice of cancellation form for an explanation of this right.".
            (B) Furnishing to the insured consumer a form, in duplicate, that is captioned "NOTICE OF CANCELLATION" and is attached to the contract but easily detachable, and that contains the following statement in at least 10 point, boldface type:

"NOTICE OF CANCELLATION

            If you are notified by your insurance company that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice to (name of home improvement supplier) at (address of home improvement supplier's place of business) at any time before midnight on the third business day after you have received such notice from your insurance company.
            If you cancel the contract, any payments made by you under the contract will be returned to you within ten (10) business days following receipt by (name of home improvement supplier) of your cancellation notice, minus any amounts you may owe for work already done by (name of home improvement supplier).
            I HEREBY CANCEL THIS TRANSACTION
            _______________________________
            (date)
            _______________________________
            (insured consumer's signature)".

    (d) A modification to a home improvement contract is not enforceable against a consumer unless the modification is stated in a writing that is signed by the consumer.
SOURCE: IC 24-5-11-10.5; (12)HB1237.1.7. -->     SECTION 7. IC 24-5-11-10.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2012]: Sec. 10.5. (a) A home improvement supplier shall not advertise, offer, or promise to pay or rebate any part of an insurance deductible to induce a person to enter into a home improvement contract or otherwise purchase goods or services from the home improvement supplier. Acts prohibited by this subsection include the following:
        (1) Advertising, offering, or promising to grant an allowance or a discount against the home improvement contract price or against other fees or charges.
        (2) Advertising, offering, or promising to pay to an insured consumer, or to any other person, any form of compensation, including a gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason, including the display of a sign or advertisement on residential property.
    (b) This subsection applies to a home improvement contract entered into after June 30, 2012. An insured consumer who enters into a home improvement contract for which the home improvement contract price, or charges for other goods and services under the contract, will or may be paid from the proceeds of a claim under a personal line of property and casualty insurance, may cancel the contract before midnight on the third business day after the insured consumer has received written notice from the insurance company that any part of the claim or contract is not a covered loss under the insurance policy. An insured consumer who seeks to cancel a home improvement contract under this subsection must provide to the home improvement supplier, at the address specified in the form provided under section 10(c)(6)(B) of this chapter, written notice of the insured consumer's intent not to be bound by the contract. If the notice of cancellation is sent by mail, the notice is effective upon deposit of the notice into the United States mail, with postage prepaid and the notice properly addressed to the home improvement supplier. Subject to subsection (c), not later than ten (10) days after a home improvement contract is cancelled under this subsection, the home improvement supplier shall tender to the insured consumer:
        (1) any payment or deposit made by the insured consumer; and
        (2) any note or other evidence of indebtedness of the insured consumer.
    (c) If a home improvement supplier has performed:
        (1) emergency services, acknowledged in writing by the

insured consumer to be necessary to prevent damage to the residential property; or
        (2) any other services, acknowledged in writing by the insured consumer;
the home improvement supplier is entitled to the reasonable value of the emergency services or other services performed.
    (d) A home improvement supplier shall not:
        (1) represent or negotiate on behalf of an insured consumer;
        (2) offer to represent or negotiate on behalf of an insured consumer; or
        (3) advertise that the home improvement supplier will represent or negotiate on behalf of an insured consumer;
in connection with an insurance claim concerning any home improvement involving residential property.

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