Relating to home improvement fraud and providing penalties for contractors who commit home improvement fraud

The bill provides that a person, who is acting as a contractor, is guilty of home improvement fraud if the person enters, or offers to enter, into a home improvement contract, and intentionally does any of the following: knowingly uses or employs a false pretense or false promise to convey that there is a need to enter into a home improvement contract; knowingly makes a false statement, or knowingly creates or reinforces a consumer’s false impression or belief concerning the condition of a consumer’s dwelling or property that is the subject of the home improvement contract; knowingly provides a false personal name or false business name, address, or telephone to a consumer; knowingly represents that repairs or work have been performed when repairs or work have not been performed; receives moneys from a consumer prior to completion of a home improvement for the purpose of paying for services, labor, materials, or equipment and intentionally fails to substantially complete the home improvement within the time agreed to by the consumer and the contractor or fails to pay for the services, labor, materials, and equipment incident to the home improvement; or enters into an unconscionable home improvement contract with a consumer. The bill provides that a person who commits an offense under the bill is, upon conviction, guilty of a class “D” felony if any of the following circumstances are present: the contract price or the total amount paid to the defendant by or on behalf of the consumer is $1,500 or more; at least one of the consumers who entered into the home improvement contract is years of age or older at the time the violation occurred; or the defendant has previously been convicted under the bill. If none of these circumstances are present, a person who commits an offense under the bill is, upon conviction, guilty of an aggravated misdemeanor. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. The bill provides that the bill shall not impair, limit, or reduce the statutory, common law, or contractual duties, liabilities, or rights of any contractor or consumer.