| Date of Action |
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 |
Senate Bill S2068
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
Actions
Bill Amendments
2009-S2068 - Details
- Current Committee:
- Senate Consumer Protection
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.
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D) Senate District
(D, WF) Senate District
2009-S2068A (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
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.
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.
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