HSB 41

_____ receives moneys for the purpose of paying for services, labor, materials, or equipment and fails to apply such moneys for such purpose by failing to substantially complete the home improvement for which the moneys were provided within specified time periods, failing to pay for the services, labor, materials or equipment provided incident to such home improvement, or diverting the moneys to a use other than for which the moneys were received; provides a false individual name or a false business name, address, or telephone number to a consumer; or enters into an unconscionable home improvement contract with a consumer. The bill provides that it shall be evidence of intent that the person, who is acting as a contractor, has committed home improvement fraud if the person has previously been convicted under this bill or under a similar statute of the United States or of any state within 10 years of entering into the home improvement contract in question or if the person is currently subject to any administrative orders, judgments, or injunctions that relate to home improvements. 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 62 years of age or older at the time the home improvement contract is entered into; 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.