Public Act 094-0490
 
HB2594 Enrolled LRB094 08973 RXD 39194 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Home Repair and Remodeling Act is amended by
changing Sections 15 and 30 and by adding Section 15.1 as
follows:
 
    (815 ILCS 513/15)
    Sec. 15. Written contract; costs enumerated requirements;
contents. Prior to initiating home repair or remodeling work
for over $1,000, a person engaged in the business of home
repair or remodeling shall furnish to the customer for
signature a written contract or work order that states the
total cost, including parts and materials listed with
reasonable particularity and any charge for an estimate. In
addition, the contract shall state the business name and
address of the person engaged in the business of home repair or
remodeling. If the person engaged in the business of home
repair or remodeling uses a post office box or mail receiving
service or agent to receive home repair or remodeling business
correspondence, the contract also shall state the residence
address of the person engaged in the business of home repair or
remodeling.
(Source: P.A. 91-230, eff. 1-1-00.)
 
    (815 ILCS 513/15.1 new)
    Sec. 15.1. Notice of contractual provisions.
    (a) 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, shall 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.
    (b) 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. If the consumer rejects
either the binding arbitration clause or the jury trial waiver
clause, or rejects both clauses, it shall be viewed as a
counter offer to proceed with the proposed contract or
agreement without the clause or clauses rejected. A person
engaged in the business of home repair and remodeling shall
have the right to reject the proposed contract or agreement.
Proof that the consumer was given the option of accepting or
rejecting both the binding arbitration clause and the jury
trial waiver clause shall be demonstrated by having the
consumer sign his or her name and write the word "accept" or
"reject" in the margin next to each of the above clauses where
it appears in the executed contract or agreement.
    (c) 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 as provided in this Section shall render null and
void each clause that has not been accepted or rejected and
signed by the consumer.
 
    (815 ILCS 513/30)
    Sec. 30. Unlawful acts. It is unlawful for any person
engaged in the business of home repairs and remodeling to
remodel or make repairs or charge for remodeling or repair work
before obtaining a signed contract or work order over $1,000
and before notifying and securing the signed acceptance or
rejection, by the consumer, of the binding arbitration clause
and the jury trial waiver clause as required in Section 15 and
Section 15.1 of this Act. This conduct is unlawful but is not
exclusive nor meant to limit other kinds of methods, acts, or
practices that may be unfair or deceptive.
(Source: P.A. 91-230, eff. 1-1-00.)
 
    Section 99. Effective date. This Act takes effect January
1, 2006.