Full Text of SB1539 98th General Assembly
SB1539sam001 98TH GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1539
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1539 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Home Repair and Remodeling Act is amended | 5 | | by changing Section 18 as follows: | 6 | | (815 ILCS 513/18) | 7 | | Sec. 18. Repairs following damaging weather. | 8 | | (a) As used in this Section, "catastrophe" means a natural | 9 | | occurrence, including but not limited to flood, drought, | 10 | | earthquake, tornado, windstorm, or hailstorm, which damages or | 11 | | destroys 3 or more residences than one residence . | 12 | | (b) A contractor offering home repair or remodeling | 13 | | services shall not advertise or promise to pay or rebate all or | 14 | | any portion of any insurance deductible as an inducement to the | 15 | | sale of goods or services. As used in this Section, a promise | 16 | | to pay or rebate includes granting any allowance or offering |
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| 1 | | any discount against the fees to be charged or paying the | 2 | | insured or any person directly or indirectly associated with | 3 | | the property any form of compensation. | 4 | | (c) A contractor offering home repair or remodeling | 5 | | services shall not accept money or any form of compensation in | 6 | | exchange for allowing an out of area contractor to use its | 7 | | business name or license. | 8 | | (d) A contractor offering home repair or remodeling | 9 | | services shall include its Illinois State roofing contractor | 10 | | license name and number as it appears on its Illinois State | 11 | | roofing license on all contracts, bids, and advertisements | 12 | | involving roofing work as required by the Illinois Roofing | 13 | | Industry Licensing Act. | 14 | | (e) A person who has entered into a written contract with a | 15 | | contractor offering home repair or remodeling services to | 16 | | provide goods or services to be paid from the proceeds of a | 17 | | property and casualty insurance policy may cancel the contract | 18 | | prior to midnight on the earlier of the fifth business day | 19 | | after the insured has received written notice from the insurer | 20 | | that all or any part of the claim or contract is not a covered | 21 | | loss under the insurance policy or the thirtieth business day | 22 | | after receipt of a properly executed proof of loss by the | 23 | | insurer from the insured. Cancellation is evidenced by the | 24 | | insured giving written notice of cancellation to the contractor | 25 | | offering home repair or remodeling services at the address | 26 | | stated in the contract. Notice of cancellation, if given by |
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| 1 | | mail, is effective upon deposit into the United States mail, | 2 | | postage prepaid and properly addressed to the contractor. | 3 | | Notice of cancellation may be given by delivering or mailing a | 4 | | signed and dated copy of the written notice of cancellation to | 5 | | the contractor's business address as stated in the contract. | 6 | | Notice of cancellation shall include a copy of the written | 7 | | notice from the insurer to the effect that all or part of the | 8 | | claim is not a covered loss under the insurance policy. Notice | 9 | | of cancellation need not take a particular form and is | 10 | | sufficient if it indicates, by any form of written expression, | 11 | | the intention of the insured not to be bound by the contract. | 12 | | (f) Any contract referred to in subsection (e), must | 13 | | contain a statement in at least 10 point boldface, in | 14 | | substantially the following form: | 15 | | "You may cancel this contract at any time before | 16 | | midnight on the earlier of the fifth business day after | 17 | | you have received written notification from your | 18 | | insurer that all or any part of the claim or contract | 19 | | is not a covered loss under the insurance policy or the | 20 | | thirtieth business day after your insurer has received | 21 | | properly executed proof(s) of loss from you. See | 22 | | attached notice of cancellation form for an | 23 | | explanation of this right." | 24 | | (g) Upon executing a contract referred to in subsection | 25 | | (e), furnish each insured a fully completed form in duplicate, | 26 | | captioned "NOTICE OF CANCELLATION", which shall be attached to |
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| 1 | | the contract but easily detachable, and which shall contain | 2 | | boldface type of a minimum size of 10 points the following | 3 | | statement with the appropriate fields completed by the | 4 | | contractor: | 5 | | "NOTICE OF CANCELLATION | 6 | | If you are notified by your insurer that all or any | 7 | | part of the claim or contract is not a covered loss | 8 | | under the insurance policy, you may cancel the contract | 9 | | by mailing or delivering a signed and dated copy of | 10 | | this cancellation notice or any other written notice to | 11 | | (name of contractor) at (address of contractor's place | 12 | | of business) at any time prior to midnight on the | 13 | | earlier of the fifth business day after you have | 14 | | received such notice from your insurer or the thirtieth | 15 | | business day after your insurer has received properly | 16 | | executed proof(s) of loss from you. If you cancel, any | 17 | | payments made by you under the contract, other than | 18 | | payments for goods or services related to a catastrophe | 19 | | which you agreed in writing to be necessary to prevent | 20 | | damage to your property, will be returned to you within | 21 | | 10 business days following receipt by the contractor of | 22 | | your cancellation notice. | 23 | | I HEREBY CANCEL THIS TRANSACTION | 24 | | ................................ | 25 | | (date) | 26 | | ................................ |
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| 1 | | (insured's signature)". | 2 | | (h) Within 10 days after a contract referred to in | 3 | | subsection (e) has been cancelled, the contractor offering home | 4 | | repair or remodeling services shall tender to the insured any | 5 | | payments, partial payments, or deposits made by the insured and | 6 | | any note or other evidence of indebtedness. If, however, the | 7 | | contractor has provided any goods or services related to a | 8 | | catastrophe, acknowledged and agreed to by the insured in | 9 | | writing to be necessary to prevent damage to the premises, the | 10 | | contractor is entitled to the reasonable value of such goods | 11 | | and services. Any provision in a contract referred to in | 12 | | subsection (e) that requires the payment of any fee for | 13 | | anything except goods or services related to a catastrophe | 14 | | shall not be enforceable against any insured who has cancelled | 15 | | a contract pursuant to this Section. | 16 | | (i) A contractor offering home repair or remodeling | 17 | | services shall not represent, or offer or advertise to | 18 | | represent, on behalf of a homeowner on any insurance claim in | 19 | | connection with the repair or replacement of roof systems, or | 20 | | the performance of any other interior or exterior repair, | 21 | | replacement, construction or reconstruction work; or otherwise | 22 | | violate the Public Adjusters Law (Public Act 96-1332). A Public | 23 | | Adjuster means any person who acts on behalf of the insured in | 24 | | preparing and adjusting a claim for loss or damage covered by | 25 | | an insurance contract. A contractor offering home repair or | 26 | | remodeling services shall not call in or file a claim to an |
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| 1 | | insurance carrier on the insured's behalf. A contractor | 2 | | offering home repair or remodeling services shall not climb on | 3 | | a roof or inspect for exterior damage without the insured's | 4 | | express permission. Nothing in this subsection shall be | 5 | | construed to prohibit a residential contractor from: (1) | 6 | | providing an insured an estimate for repair, replacement, | 7 | | construction, or reconstruction of the insured's property and | 8 | | any such estimate may be submitted to the insured's insurance | 9 | | company; (2) conferring with an insurance company's | 10 | | representative about damage to an insured's property; or (3) | 11 | | discussing repair or replacement options with an insurance | 12 | | company's representative or the insured about options for the | 13 | | repair or replacement of the damage.
| 14 | | (Source: P.A. 97-235, eff. 1-1-12.)".
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