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HB4738 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4738

Introduced , by Rep. Sharon Chung

SYNOPSIS AS INTRODUCED:

815 ILCS 513/18

Amends the Home Repair and Remodeling Act. Provides that a contractor
offering home repair or remodeling services shall not propose to contract
or solicit a contract for home repair or remodeling services: (1) while a
loss-producing occurrence is continuing at the premises; (2) while the
fire department or emergency personnel are engaged at the damaged
premises; or (3) between the hours of 7:00 p.m. and 8:00 a.m. Provides that
a contractor shall not, in person, propose to contract or solicit a
contract with a consumer for home repair or remodeling services for a
minimum of 72 hours after a disaster proclamation, unless the proposal to
contract or the solicitation to contract is initiated by a consumer.
LRB104 18501 SPS 31943 b

A BILL FOR

HB4738
LRB104 18501 SPS 31943 b
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 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 more 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
15
the sale of goods or services. As used in this Section, a
16
promise to pay or rebate includes granting any allowance or
17
offering any discount against the fees to be charged or paying
18
the insured or any person directly or indirectly associated
19
with the property any form of compensation.
20

(c) A contractor offering home repair or remodeling
21
services shall not accept money or any form of compensation in
22
exchange for allowing an out of area contractor to use its
23
business name or license.

HB4738
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LRB104 18501 SPS 31943 b
1

(c-5) A contractor offering home repair or remodeling
2
services shall not propose to contract or solicit a contract
3
for home repair or remodeling services:
4

(1) while a loss-producing occurrence is continuing at
5

the premises;
6

(2) while the fire department or emergency personnel
7

are engaged at the damaged premises; or
8

(3) between the hours of 7:00 p.m. and 8:00 a.m.
9

The requirements of this subsection do not supersede
10
regulations adopted by units of local government.
11

(c-10) In addition to the provisions of subsection (c-5),
12
for a minimum of 72 hours after a disaster proclamation issued
13
by the Governor under Section 7 of the Illinois Emergency
14
Management Agency Act, to allow for the duties that may be
15
necessary to promote and secure the safety and protection of
16
the civilian population, a contractor shall not, in person,
17
propose to contract or solicit a contract with a consumer for
18
home repair or remodeling services, unless the proposal to
19
contract or the solicitation to contract is initiated by a
20
consumer.
21

(d) A contractor offering home repair or remodeling
22
services shall include its Illinois State roofing contractor
23
license name and number as it appears on its Illinois State
24
roofing license on all contracts, bids, and advertisements
25
involving roofing work as required by the Illinois Roofing
26
Industry Licensing Act.

HB4738
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LRB104 18501 SPS 31943 b
1

(e) A person who has entered into a written contract with a
2
contractor offering home repair or remodeling services to
3
provide goods or services to be paid from the proceeds of a
4
property and casualty insurance policy may cancel the contract
5
prior to midnight on the earlier of the fifth business day
6
after the insured has received written notice from the insurer
7
that all or any part of the claim or contract is not a covered
8
loss under the insurance policy or the thirtieth business day
9
after receipt of a properly executed proof of loss by the
10
insurer from the insured. Cancellation is evidenced by the
11
insured giving written notice of cancellation to the
12
contractor offering home repair or remodeling services at the
13
address stated in the contract. Notice of cancellation, if
14
given by mail, is effective upon deposit into the United
15
States mail, postage prepaid and properly addressed to the
16
contractor. Notice of cancellation may be given by delivering
17
or mailing a signed and dated copy of the written notice of
18
cancellation to the contractor's business address as stated in
19
the contract. Notice of cancellation shall include a copy of
20
the written notice from the insurer to the effect that all or
21
part of the claim is not a covered loss under the insurance
22
policy. Notice of cancellation need not take a particular form
23
and is sufficient if it indicates, by any form of written
24
expression, the intention of the insured not to be bound by the
25
contract.
26

(f) Any contract referred to in subsection (e), must

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LRB104 18501 SPS 31943 b
1
contain a statement in at least 10 point boldface, in
2
substantially the following form:
3

"You may cancel this contract at any time before
4

midnight on the earlier of the fifth business day
5

after you have received written notification from your
6

insurer that all or any part of the claim or contract
7

is not a covered loss under the insurance policy or the
8

thirtieth business day after your insurer has received
9

properly executed proof(s) of loss from you. See
10

attached notice of cancellation form for an
11

explanation of this right."
12

(g) Upon executing a contract referred to in subsection
13
(e), furnish each insured a fully completed form in duplicate,
14
captioned "NOTICE OF CANCELLATION", which shall be attached to
15
the contract but easily detachable, and which shall contain
16
boldface type of a minimum size of 10 points the following
17
statement with the appropriate fields completed by the
18
contractor:
19
"NOTICE OF CANCELLATION
20

If you are notified by your insurer that all or any
21

part of the claim or contract is not a covered loss
22

under the insurance policy, you may cancel the
23

contract by mailing or delivering a signed and dated
24

copy of this cancellation notice or any other written
25

notice to (name of contractor) at (address of
26

contractor's place of business) at any time prior to

HB4738
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LRB104 18501 SPS 31943 b
1

midnight on the earlier of the fifth business day
2

after you have received such notice from your insurer
3

or the thirtieth business day after your insurer has
4

received properly executed proof(s) of loss from you.
5

If you cancel, any payments made by you under the
6

contract, other than payments for goods or services
7

related to a catastrophe which you agreed in writing
8

to be necessary to prevent damage to your property,
9

will be returned to you within 10 business days
10

following receipt by the contractor of your
11

cancellation notice.
12

I HEREBY CANCEL THIS TRANSACTION
13

................................
14

(date)
15

................................
16

(insured's signature)".
17

(h) Within 10 days after a contract referred to in
18
subsection (e) has been cancelled, the contractor offering
19
home repair or remodeling services shall tender to the insured
20
any payments, partial payments, or deposits made by the
21
insured and any note or other evidence of indebtedness. If,
22
however, the contractor has provided any goods or services
23
related to a catastrophe, acknowledged and agreed to by the
24
insured in writing to be necessary to prevent damage to the
25
premises, the contractor is entitled to the reasonable value
26
of such goods and services. Any provision in a contract

HB4738
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LRB104 18501 SPS 31943 b
1
referred to in subsection (e) that requires the payment of any
2
fee for anything except goods or services related to a
3
catastrophe shall not be enforceable against any insured who
4
has cancelled a contract pursuant to this Section.
5

(i) A contractor offering home repair or remodeling
6
services shall not represent, or offer or advertise to
7
represent, on behalf of a homeowner on any insurance claim in
8
connection with the repair or replacement of roof systems, or
9
the performance of any other interior or exterior repair,
10
replacement, construction or reconstruction work; or otherwise
11
violate the Public Adjusters Law (Public Act 96-1332). A
12
Public Adjuster means any person who acts on behalf of the
13
insured in preparing and adjusting a claim for loss or damage
14
covered by an insurance contract. A contractor offering home
15
repair or remodeling services shall not call in or file a claim
16
to an insurance carrier on the insured's behalf. A contractor
17
offering home repair or remodeling services shall not climb on
18
a roof or inspect for exterior damage without the insured's
19
express permission. Nothing in this subsection shall be
20
construed to prohibit a residential contractor from: (1)
21
providing an insured an estimate for repair, replacement,
22
construction, or reconstruction of the insured's property and
23
any such estimate may be submitted to the insured's insurance
24
company; (2) conferring with an insurance company's
25
representative about damage to an insured's property; or (3)
26
discussing repair or replacement options with an insurance

HB4738
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LRB104 18501 SPS 31943 b
1
company's representative or the insured about options for the
2
repair or replacement of the damage.
3
(Source: P.A. 97-235, eff. 1-1-12.)

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