Full Text of SB3626 101st General Assembly
SB3626 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3626 Introduced 2/14/2020, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED: |
| 815 ILCS 515/3 | from Ch. 121 1/2, par. 1603 |
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Amends the Home Repair Fraud Act. Provides that a person commits home repair fraud when he or she promises a performance that he or she knows will not be completed at any time during the performance of the service.
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| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Home Repair Fraud Act is amended by changing | 5 | | 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 terms | 12 | | of the contract
or agreement or the preexisting or existing | 13 | | condition of any portion of the
property involved, or | 14 | | creates or confirms another's impression which is
false and | 15 | | which he does not believe to be true, or promises | 16 | | performance
which he does not intend to perform or knows | 17 | | will not be performed or completed at any time during the | 18 | | performance of the service ; or
| 19 | | (2) uses or employs any deception, false pretense or | 20 | | false promises in
order to induce, encourage or solicit | 21 | | such person to enter into any
contract or agreement; or
| 22 | | (3) enters into an unconscionable agreement or | 23 | | contract requiring
payment to the contractor of at least |
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| 1 | | $4,000. A contract is unconscionable
within the meaning of | 2 | | this Act when an unreasonable difference exists
between the | 3 | | value of the services, materials and work to be performed | 4 | | and
the amount charged for those services, materials and | 5 | | work. For purposes of
this Section, prima facie evidence | 6 | | shall exist that the contract or
agreement is | 7 | | unconscionable if the total payment called for by the | 8 | | contract
or agreement is in excess of four times the fair | 9 | | market value for those
services, materials and work; or
| 10 | | (4) fails to comply with the provisions of "An Act in | 11 | | relation to
the use of an assumed name in the conduct or | 12 | | transaction of business in
this State", approved July 17, | 13 | | 1941, as amended, and misrepresents or
conceals either his | 14 | | real name, the name of his business, or his business
| 15 | | address.
| 16 | | (b) A person commits the offense of home repair fraud when | 17 | | he knowingly:
| 18 | | (1) damages the property of a person with the intent to | 19 | | enter
into an agreement or contract for home repair; or
| 20 | | (2) misrepresents himself or another to be an employee | 21 | | or agent of any
unit of the federal, State or municipal | 22 | | government or any other
governmental unit, or an employee | 23 | | or agent of any public utility, with the
intent to cause a | 24 | | person to enter into, with himself or another, any
contract | 25 | | or agreement for home repair.
| 26 | | (c) For purposes of subsection (a), paragraph (1), it shall |
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| 1 | | be a
rebuttable presumption of intent or knowledge that a | 2 | | person promises
performance which he does not intend to perform | 3 | | and knows will not be
performed when, after no performance or | 4 | | no substantial performance of a
contract or agreement for home | 5 | | repair, he fails or refuses to return
payments made by the | 6 | | victim and he:
| 7 | | (1) fails to acknowledge or respond to a written demand | 8 | | for commencement
or completion of home repair within 10 | 9 | | days after such demand is mailed or
presented to him by the | 10 | | victim or by the victim's legal representative or
by a law | 11 | | enforcement or consumer agency acting on behalf of the | 12 | | victim; or
| 13 | | (2) fails to notify the victim in writing of a change | 14 | | of business name
or address prior to the completion of the | 15 | | home repair; or
| 16 | | (3) makes false statements or representations to the | 17 | | victim to excuse
his non-performance or non-substantial | 18 | | performance; or
| 19 | | (4) uses deception to obtain the victim's consent to | 20 | | modification of the
terms of the original contract or | 21 | | agreement; or
| 22 | | (5) fails to employ qualified personnel necessary to | 23 | | perform
the home repair; or
| 24 | | (6) fails to order or purchase the basic materials | 25 | | required for
performance of the home repair; or
| 26 | | (7) fails to comply with municipal, county, State or |
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| 1 | | federal
regulations or codes relating to the performance of | 2 | | home repair.
| 3 | | Intent and knowledge shall be determined by an evaluation | 4 | | of all
circumstances surrounding a transaction and the | 5 | | determination shall not be
limited to the time of contract or | 6 | | agreement.
| 7 | | Substantial performance shall not include work performed | 8 | | in a manner
of little or no value or work that fails to comply | 9 | | with the appropriate
municipal, county, State or federal | 10 | | regulations or codes.
| 11 | | (Source: P.A. 87-820.)
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