NY State Senate Bill 2009-S2068

Senate Bill S2068

2009-2010 Legislative Session

Requires home improvement contractor to be licensed by municipality in which it does business

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Jul 16, 2009	committed to rules
Jun 01, 2009	advanced to third reading
May 27, 2009	2nd report cal.
May 26, 2009	1st report cal.452
Apr 21, 2009	print number 2068a
Apr 21, 2009	amend and recommit to codes
Apr 07, 2009	reported and committed to codes
Feb 11, 2009	referred to consumer protection

Bill Amendments

Original

A (Active)

2009-S2068 - Details

Current Committee:: Senate Consumer Protection

2009-S2068 - Summary

Requires home improvement contractor to be licensed by municipality in which it does business; provides for enjoining by court for 1 year and civil penalty; allows for same penalties for incomplete work and also if owner is dissatisfied.

2009-S2068 - Sponsor Memo

                                 BILL NUMBER:  S2068

 TITLE OF BILL :
An act to amend the general business law, in relation to licensing of
home improvement contractors

 PURPOSE :
Prohibits a home improvement contract to conduct business without
obtaining a license issued by the municipality in which the business
is to be conducted, Imposes a civil penalty for violators and for home
improvement contractors who do not complete work, or such work is
deemed unsatisfactory by the Court.

 SUMMARY OF PROVISIONS :
Prohibits a home improvement contractor from conducting business
without obtaining a license from the municipality in which the
business is to be conducted. Allows a municipality, upon a violation,
to may make an application to a court or justice to enjoin and
restrain the continuance of such violation, Also, allows the court to
impose a civil penalty, not to exceed $500, and enjoin a contractor
from conducting business for up to one year.  Provides that the same
remedies be imposed when a home improvement contractor fails to
complete work for which payment has been remitted by the owner or,
when such completed work is not to the satisfaction of the owner in
the court's judgment.

 EXISTING LAW :
General Business Law - Article 36-A Home Improvement Contracts -
requires that home improvement contracts be in writing and establishes
the criteria for such contracts. However, the law does not require the
licensing of such contractors by the municipality in which a homeowner
resides.

 JUSTIFICATION :
Many homeowners, particularly, senior citizens are subjected to
unscrupulous home improvement contractors, who fail to complete work
or perform unsatisfactory work. A lot of these contractors are in
actuality "handymen", who present themselves as qualified home
improvement contractors. This bill would provide protection for
homeowners against fraudulent home improvement practices by requiring
such contractors to be licensed. It would also provide a means for
homeowners, who are victims, to be compensated for unfinished or poor
work.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred first of January next
succeeding the date on which it shall have become a law and all
ordinances or local laws necessary for the implementation of this act
shall be enacted by the following of January.

2009-S2068 - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S2068A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection

2009-S2068A (ACTIVE) - Summary

2009-S2068A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2068A

 TITLE OF BILL :
An act to amend the general business law, in relation to licensing of
home improvement contractors


 PURPOSE :
Prohibits a home improvement contract to conduct business without
obtaining a license issued by the municipality in which the business
is to be conducted, Imposes a civil penalty for violators and for home
improvement contractors who do not complete work, or such work is
deemed unsatisfactory by the Court.

 SUMMARY OF PROVISIONS :
Prohibits a home improvement contractor from conducting business
without obtaining a license from the municipality in which the
business is to be conducted. Allows a municipality, upon a violation,
to may make an application to a court or justice to enjoin and
restrain the continuance of such violation, Also, allows the court to
impose a civil penalty, not to exceed $500, and enjoin a contractor
from conducting business for up to one year. Provides that the same
remedies be imposed when a home improvement contractor fails to
complete work for which payment has been remitted by the owner or,
when such completed work is not to the satisfaction of the owner in
the court's judgment.

 EXISTING LAW :
General Business Law - Article 36-A Home Improvement Contracts _
requires that home improvement contracts be in writing and establishes
the criteria for such contracts. However, the law does not require the
licensing of such contractors by the municipality in which a homeowner
resides.

 JUSTIFICATION :
Many homeowners, particularly, senior citizens are subjected to
unscrupulous home improvement contractors, who fail to complete work
or perform unsatisfactory work. A lot of these contractors are in
actuality "handymen", who present themselves as qualified home
improvement contractors. This bill would provide protection for
homeowners against fraudulent home improvement practices by requiring
such contractors to be licensed. It would also provide a means for
homeowners, who are victims, to be compensated for unfinished or poor
work.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred first of January next
succeeding the date on which it shall have become a law and all
ordinances or local laws necessary for the implementation of this act
shall be enacted by the following of January.

2009-S2068A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2068--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sens.  HUNTLEY,  ADAMS,  DIAZ,  ESPADA,  FOLEY, KRUEGER,
  MONSERRATE, PARKER,  SAMPSON,  SAVINO,  STAVISKY  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Consumer Protection -- reported  favorably  from  said  committee  and
  committed  to  the  Committee  on  Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the general business law, in relation to licensing of
  home improvement contractors

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
773-a to read as follows:
  S 773-A. LICENSING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A HOME
IMPROVEMENT  CONTRACTOR  SHALL  NOT  CONDUCT BUSINESS AS DEFINED IN THIS
ARTICLE WITHOUT OBTAINING A LICENSE ISSUED BY THE MUNICIPALITY IN  WHICH
THE  BUSINESS  IS  TO BE CONDUCTED PURSUANT TO AN ORDINANCE OR LOCAL LAW
ADOPTED BY SAID MUNICIPALITY PROVIDED THE GOVERNING BOARD OF SUCH  MUNI-
CIPALITY,  AFTER PUBLIC HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR RESOL-
UTION PROVIDING THEREFOR.  UPON A VIOLATION OF THIS SECTION THE  MUNICI-
PALITY  MAY  MAKE  AN  APPLICATION  TO  A COURT OR JUSTICE TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF THE VIOLATION. IN  ADDITION  THE  COURT  MAY
IMPOSE  A  CIVIL  PENALTY  NOT  TO  EXCEED  FIVE HUNDRED DOLLARS AND THE
CONTRACTOR SHALL BE ENJOINED FROM CONDUCTING SAID BUSINESS FOR A  PERIOD
NOT  TO  EXCEED ONE YEAR. THE SAME REMEDIES SHALL BE AVAILABLE AGAINST A
HOME IMPROVEMENT CONTRACTOR WHO DOES NOT COMPLETE WORK FOR WHICH PAYMENT
HAS BEEN MADE BY AN OWNER OR HAS COMPLETED WORK  WHICH  IS  NOT  TO  THE
SATISFACTION OF THE OWNER IN THE COURT'S JUDGMENT.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and all  ordinances  or
local laws necessary for the implementation of this act shall be enacted
by the following first of January.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02675-02-9

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