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.