Senate Bill S1210

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

                                  1210

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 27, 2009
                               ___________

Introduced by Sens. THOMPSON, ONORATO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities

AN  ACT  to amend the general city law, in relation to the regulation of
  contractors in a city with a  population  of  more  than  two  hundred
  eighty-nine thousand but less than three hundred five thousand

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

  Section 1. The general city law is amended by adding a new  article  5
to read as follows:
                                ARTICLE 5
                               CONTRACTORS
SECTION 75. LEGISLATIVE FINDINGS.
        75-A. DEFINITIONS.
        75-B. EXEMPTIONS.
        75-C. CONTRACTORS LICENSE BOARD.
        75-D. POWERS AND DUTIES OF BOARD.
        75-E. CLASSIFICATION.
        75-F. POWERS TO CLASSIFY AND LIMIT OPERATIONS.
        75-G. LICENSES REQUIRED.
        75-H. ISSUANCE OF BUILDING PERMITS; OWNER-BUILDER REGISTRATION.
        75-I. ADVERTISING.
        75-J. AIDING OR ABETTING.
        75-K. INVESTIGATION PERMITTED.
        75-L. VIOLATION FOR UNLICENSED ACTIVITY.
        75-M. STATE DISASTER EMERGENCY; ACTING AS A CONTRACTOR WITHOUT A
              LICENSE; PENALTY.
        75-N. ENHANCED PENALTIES WHEN ELDERLY PERSONS ARE TARGETED.
        75-O. NO LICENSE ISSUED WHEN.
        75-P. REQUIREMENTS TO MAINTAIN LICENSE.
        75-Q. APPLICATION; FEES.
        75-R. FORM FOR LICENSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04757-01-9
              

S. 1210                             2

        75-S. PLACE OF BUSINESS AND POSTING OF LICENSE.
        75-T. FEES; BIENNIAL RENEWALS; INACTIVE LICENSE.
        75-U. ACTION ON APPLICATIONS.
        75-V. BOND.
        75-W. REVOCATION, SUSPENSION, AND RENEWAL OF LICENSES.
        75-X. DEATH OR DISSOCIATION.
        75-Y. CIVIL ACTION.
        75-Z. VIOLATION; PENALTIES.
        76. FORFEITURE OF PROPERTY FOR UNLICENSED ACTIVITY.
        76-A. INJUNCTION.
        76-B. PAYMENT FOR GOODS AND SERVICES.
        76-C. DISCLOSURE; CONTRACTS.
        76-D. FALSE STATEMENT.
        76-E. DISCIPLINARY ACTION AGAINST LICENSEE.
        76-F. APPLICABILITY TO CITIES WITH A POPULATION OF LESS THAN TWO
              HUNDRED EIGHTY-NINE THOUSAND.
  S  75. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS AND DECLARES
THAT THE HEALTH AND SAFETY OF THE POPULATION LIVING IN  AND  AROUND  THE
MANY  CONSTRUCTION PROJECTS IN ANY CITY HAVING A POPULATION OF MORE THAN
TWO HUNDRED EIGHTY-NINE THOUSAND BUT LESS THAN THREE HUNDRED FIVE  THOU-
SAND  INHABITANTS  IS  A  MATTER  OF SUBSTANTIAL STATE CONCERN, WHICH IS
THREATENED BY ACCIDENTS AND INJURIES TO PERSONS AND  PROPERTY  OCCURRING
REGULARLY  DUE TO UNLICENSED GENERAL CONTRACTORS WHO FAIL TO COMPLY WITH
BUILDING CODE AND SAFETY REQUIREMENTS.
  THESE THREATS MAY BE RESOLVED BY THE LICENSING OF GENERAL  CONTRACTORS
AS  PART  OF  A COMPREHENSIVE PROGRAM TO ENSURE COMPLIANCE WITH BUILDING
CODES, ZONING REGULATIONS, AND SAFETY GUIDELINES IN  EACH  CITY  IN  THE
STATE.
  S  75-A.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "BOARD" MEANS THE CONTRACTORS LICENSE BOARD.
  2. "CHLOROFLUOROCARBON" OR "CFC" MEANS ANY MEMBER  OF  THE  FAMILY  OF
SUBSTANCES CONTAINING CARBON, FLUORINE, AND CHLORINE, INCLUDING, WITHOUT
LIMITATION,  THOSE  COMPOUNDS  KNOWN  AS CFC-11, CFC-12, CFC-13, CFC-14,
CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, AND  CFC-503,  AND
ANY  COMBINATION  OR  MIXTURE CONTAINING ANY OF THESE CHLOROFLUOROCARBON
COMPOUNDS.
  3. "CONTRACTOR" MEANS ANY PERSON WHO  BY  ONESELF  OR  THROUGH  OTHERS
OFFERS TO UNDERTAKE, OR HOLDS ONESELF OUT AS BEING ABLE TO UNDERTAKE, OR
DOES  UNDERTAKE  TO  ALTER,  ADD TO, SUBTRACT FROM, IMPROVE, ENHANCE, OR
BEAUTIFY ANY REALTY OR CONSTRUCT, ALTER, REPAIR, ADD TO, SUBTRACT  FROM,
IMPROVE, MOVE, WRECK, OR DEMOLISH ANY BUILDING, HIGHWAY, ROAD, RAILROAD,
EXCAVATION, OR OTHER STRUCTURE, PROJECT, DEVELOPMENT, OR IMPROVEMENT, OR
DO  ANY  PART  THEREOF,  INCLUDING  THE ERECTION OF SCAFFOLDING OR OTHER
STRUCTURES OR WORKS IN CONNECTION THEREWITH. "CONTRACTOR", TO THE EXTENT
ALLOWED UNDER FEDERAL LAW INCLUDES A SUBCONTRACTOR, A SPECIALTY CONTRAC-
TOR, AND ANY PERSON, GENERAL ENGINEERING, GENERAL BUILDING, OR SPECIALTY
CONTRACTOR WHO PERFORMS ANY OF THE ACTIVITIES SET FORTH IN THIS SUBDIVI-
SION DIRECTLY OR INDIRECTLY FOR THE FEDERAL GOVERNMENT.
  4. "OFFICE" MEANS THE OFFICE OF STRATEGIC  PLANNING  OF  THE  CITY  OF
BUFFALO.
  5.  "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE OFFICE OF
STRATEGIC PLANNING OF THE CITY OF BUFFALO.
  6. "HYDROCHLOROFLUOROCARBON" OR "HCFC" MEANS ANY MEMBER OF THE  FAMILY
OF  SUBSTANCES  CONTAINING  HYDROGEN,  CARBON,  FLUORINE,  AND CHLORINE,
INCLUDING, WITHOUT LIMITATION, THOSE  COMPOUNDS  KNOWN  AS  HCFC-22  AND

S. 1210                             3

HCFC-123  AND  ANY COMBINATION OR MIXTURE CONTAINING ANY OF THREE HYDRO-
CHLOROFLUOROCARBON COMPOUNDS.
  7.  "INSPECTOR" MEANS ANY PERSON EMPLOYED BY THE OFFICE TO INVESTIGATE
MATTERS RELATING TO ANY PERSON WHO FURNISHES COMMODITIES OR SERVICES FOR
WHICH A LICENSE IS REQUIRED FROM THE OFFICE.
  8. "REFRIGERANT RECOVERY AND RECYCLING EQUIPMENT" MEANS A DEVICE  USED
TO RECOVER AND TO PURIFY CFCS FROM A DEVICE FOR LATER REUSE.
  9. "RME" MEANS RESPONSIBLE MANAGING EMPLOYEE.
  10.  "SALE"  MEANS  ANY  ARRANGEMENT  BETWEEN TWO OR MORE PERSONS AS A
RESULT OF WHICH THERE IS, OR IS TO BE, A  TRANSFER  OF  PROPERTY  FOR  A
CONSIDERATION.
  IF  ANY  PROVISION  OF THIS SECTION, OR THE APPLICATION THEREOF TO ANY
PERSON, OR CIRCUMSTANCES, IS HELD TO BE INVALID,  THE  INVALIDITY  SHALL
NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE
GIVEN  EFFECT  WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS
END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
  S 75-B. EXEMPTIONS. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO:
  1. OFFICERS AND EMPLOYEES OF THE UNITED  STATES,  THE  STATE,  OR  ANY
COUNTY WHILE IN THE PERFORMANCE OF THEIR GOVERNMENTAL DUTIES;
  2.  ANY  PERSON  ACTING AS A RECEIVER, TRUSTEE IN BANKRUPTCY, PERSONAL
REPRESENTATIVE, OR ANY OTHER PERSON ACTING UNDER ANY ORDER  OR  AUTHORI-
ZATION OF ANY COURT;
  3. A PERSON WHO SELLS OR INSTALLS ANY FINISHED PRODUCTS, MATERIALS, OR
ARTICLES OF MERCHANDISE THAT ARE NOT ACTUALLY FABRICATED INTO AND DO NOT
BECOME  A PERMANENT FIXED PART OF THE STRUCTURE, OR TO THE CONSTRUCTION,
ALTERATION, IMPROVEMENT, OR REPAIR OF PERSONAL PROPERTY;
  4. ANY PROJECT OR OPERATION FOR WHICH THE AGGREGATE CONTRACT PRICE FOR
LABOR, MATERIALS, TAXES, AND ALL OTHER ITEMS IS NOT MORE THAN ONE  THOU-
SAND  DOLLARS. THIS EXEMPTION SHALL NOT APPLY IN ANY CASE WHERE A BUILD-
ING PERMIT IS REQUIRED REGARDLESS OF THE AGGREGATE CONTRACT  PRICE,  NOR
WHERE  THE  UNDERTAKING  IS  ONLY A PART OF A LARGER OR MAJOR PROJECT OR
OPERATION, WHETHER UNDERTAKEN BY THE SAME OR A DIFFERENT  CONTRACTOR  OR
IN  WHICH A DIVISION OF THE PROJECT OR OPERATION IS MADE IN CONTRACTS OF
AMOUNTS NOT MORE THAN ONE THOUSAND DOLLARS FOR THE  PURPOSE  OF  EVADING
THIS ARTICLE OR OTHERWISE;
  5.  A  REGISTERED  ARCHITECT OR PROFESSIONAL ENGINEER ACTING SOLELY IN
THE PERSON'S PROFESSIONAL CAPACITY;
  6. ANY PERSON WHO ENGAGES IN THE ACTIVITIES REGULATED IN THIS  ARTICLE
AS AN EMPLOYEE WITH WAGES AS THE PERSON'S SOLE COMPENSATION;
  7.  OWNERS  OR  LESSEES  OF PROPERTY WHO BUILD OR IMPROVE RESIDENTIAL,
FARM, INDUSTRIAL, OR COMMERCIAL BUILDINGS OR STRUCTURES ON PROPERTY  FOR
THEIR  OWN  USE, OR FOR USE BY THEIR GRANDPARENTS, PARENTS, SIBLINGS, OR
CHILDREN AND WHO DO NOT OFFER THE BUILDINGS OR STRUCTURES  FOR  SALE  OR
LEASE;  PROVIDED  THAT  THIS  EXEMPTION SHALL NOT APPLY TO ELECTRICAL OR
PLUMBING WORK THAT  MUST  BE  PERFORMED  ONLY  BY  PERSONS  OR  ENTITIES
LICENSED  UNDER THIS ARTICLE. IN ALL ACTIONS BROUGHT UNDER THIS SUBDIVI-
SION, PROOF OF THE SALE OR LEASE, OR OFFERING FOR SALE OR LEASE, OF  THE
STRUCTURE  NOT  MORE  THAN  ONE  YEAR  AFTER  COMPLETION  IS PRIMA FACIE
EVIDENCE THAT THE CONSTRUCTION  OR  IMPROVEMENT  OF  THE  STRUCTURE  WAS
UNDERTAKEN  FOR  THE  PURPOSE  OF  SALE  OR  LEASE;  PROVIDED  THAT THIS
PROVISION SHALL NOT APPLY TO RESIDENTIAL PROPERTIES SOLD  OR  LEASED  TO
EMPLOYEES  OF  THE  OWNER  OR  LESSEE; PROVIDED FURTHER THAT IN ORDER TO
QUALIFY FOR THIS EXEMPTION THE OWNER OR LESSEE  MUST  REGISTER  FOR  THE
EXEMPTIONS  AS  PROVIDED  IN SECTION SEVENTY-FIVE-H OF THIS ARTICLE. ANY
OWNER OR LESSEE OF PROPERTY FOUND TO HAVE VIOLATED THIS PARAGRAPH  SHALL
NOT  BE PERMITTED TO ENGAGE IN ANY ACTIVITIES PURSUANT TO THIS PARAGRAPH

S. 1210                             4

OR TO REGISTER UNDER SECTION SEVENTY-FIVE-H OF THIS ARTICLE FOR A PERIOD
OF THREE YEARS. THERE IS A PRESUMPTION  THAT  AN  OWNER  OR  LESSEE  HAS
VIOLATED  THIS  SECTION,  WHEN  THE OWNER OR LESSEE OBTAINS AN EXEMPTION
FROM  THE LICENSING REQUIREMENTS OF SECTION SEVENTY-FIVE-G OF THIS ARTI-
CLE MORE THAN ONCE IN TWO YEARS;
  8. ANY JOINT VENTURE IF ALL MEMBERS THEREOF HOLD LICENSES ISSUED UNDER
THIS ARTICLE;
  9. ANY PROJECT OR OPERATION WHERE IT IS DETERMINED BY THE  BOARD  THAT
LESS  THAN TEN PERSONS ARE QUALIFIED TO PERFORM THE WORK IN QUESTION AND
THAT THE WORK DOES NOT POSE A POTENTIAL DANGER TO PUBLIC HEALTH, SAFETY,
AND WELFARE; OR
  10. ANY PUBLIC WORKS PROJECT WHICH IS  DEEMED  NECESSARY  AND  IN  THE
PUBLIC INTEREST BY THE CONTRACTING AGENCY.
  S  75-C.  CONTRACTORS  LICENSE  BOARD. 1. THERE SHALL BE A CONTRACTORS
LICENSE BOARD OF THIRTEEN MEMBERS APPOINTED BY THE MAYOR.
  2. OF THE BOARD MEMBERS:
  (A) TEN SHALL BE CONTRACTORS WHO HAVE BEEN  ACTIVELY  ENGAGED  IN  THE
CONTRACTING  BUSINESS FOR A PERIOD OF NOT LESS THAN FIVE YEARS PRECEDING
THE DATE OF THEIR APPOINTMENT;
  (B) FIVE SHALL BE GENERAL ENGINEERING OR  BUILDING  CONTRACTORS,  FIVE
SHALL  BE  SPECIALTY CONTRACTORS, AND THREE SHALL BE NONCONTRACTORS.  NO
MEMBER SHALL RECEIVE ANY COMPENSATION FOR  THE  MEMBER'S  SERVICES,  BUT
EACH  SHALL  BE  REIMBURSED FOR NECESSARY TRAVELING EXPENSES INCURRED IN
THE PERFORMANCE OF DUTIES.
  3. NO ONE, EXCEPT THE THREE NONCONTRACTOR MEMBERS, SHALL  BE  ELIGIBLE
FOR  APPOINTMENT  WHO  DOES  NOT AT THE TIME OF THE MEMBER'S APPOINTMENT
HOLD A VALID AND UNEXPIRED LICENSE TO OPERATE AS A CONTRACTOR.
  S 75-D. POWERS AND DUTIES OF BOARD. IN ADDITION TO  ANY  OTHER  POWERS
AND DUTIES AUTHORIZED BY LAW, THE BOARD SHALL:
  1.  GRANT  LICENSES,  INCLUDING  CONDITIONAL  LICENSES, TO CONTRACTORS
PURSUANT TO THIS ARTICLE AND RULES;
  2. ADOPT, AMEND, OR REPEAL SUCH RULES AND REGULATIONS AS THE BOARD MAY
DEEM PROPER FULLY TO EFFECTUATE THIS ARTICLE AND CARRY OUT  THE  PURPOSE
THEREOF,  WHICH  IS  THE PROTECTION OF THE GENERAL PUBLIC. ALL RULES AND
REGULATIONS SHALL BE APPROVED BY THE MAYOR AND THE  EXECUTIVE  DIRECTOR.
THE  RULES  AND  REGULATIONS  MAY FORBID ACTS OR PRACTICES DEEMED BY THE
BOARD TO BE DETRIMENTAL TO THE ACCOMPLISHMENT OF  THE  PURPOSE  OF  THIS
ARTICLE.  THE  RULES  AND  REGULATIONS  MAY  REQUIRE CONTRACTORS TO MAKE
REPORTS TO THE BOARD CONTAINING ANY ITEMS OF INFORMATION AS WILL  BETTER
ENABLE THE BOARD TO ENFORCE THIS ARTICLE AND RULES OR REGULATIONS, OR AS
WILL  BETTER  ENABLE  THE BOARD FROM TIME TO TIME TO AMEND THE RULES AND
REGULATIONS MORE FULLY TO EFFECTUATE THE PURPOSES OF THIS  ARTICLE.  THE
RULES  AND  REGULATIONS  MAY  REQUIRE  CONTRACTORS TO FURNISH REPORTS TO
OWNERS CONTAINING ANY MATTERS OF INFORMATION AS THE BOARD  DEEMS  NECES-
SARY TO PROMOTE THE PURPOSE OF THIS ARTICLE. THE ENUMERATION OF SPECIFIC
MATTERS  WHICH MAY PROPERLY BE MADE THE SUBJECT OF RULES AND REGULATIONS
SHALL NOT BE CONSTRUED TO LIMIT THE BOARD'S GENERAL POWER  TO  MAKE  ALL
RULES  AND REGULATIONS NECESSARY TO FULLY EFFECTUATE THE PURPOSE OF THIS
ARTICLE;
  3. ADOPT RULES AND REGULATIONS NECESSARY TO IMPLEMENT  THE  PROVISIONS
OF  THIS ARTICLE RELATING TO CFCS, INCLUDING, BUT NOT LIMITED TO, PROCE-
DURES FOR THE DISPOSAL OF AIR CONDITIONING  UNITS  UTILIZING  CFCS  THAT
INCLUDE MANDATORY RECOVERY AND RECYCLING OF CFCS;
  4.  ENFORCE  THIS  ARTICLE  AND RULES AND REGULATIONS ADOPTED PURSUANT
THERETO;

S. 1210                             5

  5. COLLECT FINES AND PENALTIES PURSUANT TO SECTION  SEVENTY-FIVE-Z  OF
THIS ARTICLE;
  6. CONDUCT HEARINGS WITH RESPECT TO THE IMPOSITION OF FINES AND PENAL-
TIES IMPOSED PURSUANT TO SECTION SEVENTY-FIVE-Z OF THIS ARTICLE;
  7.  SUSPEND  OR  REVOKE  ANY  LICENSE FOR ANY CAUSE PRESCRIBED BY THIS
ARTICLE, OR FOR ANY VIOLATION OF THE RULES AND REGULATIONS,  AND  REFUSE
TO  GRANT,  RENEW, RESTORE, OR REINSTATE ANY LICENSE FOR ANY CAUSE WHICH
WOULD BE GROUNDS FOR REVOCATION OR SUSPENSION OF A LICENSE;
  8. PUBLISH AND  DISTRIBUTE  PAMPHLETS  AND  CIRCULARS  CONTAINING  ANY
INFORMATION  AS  THE BOARD DEEMS PROPER TO FURTHER THE ACCOMPLISHMENT OF
THE PURPOSE OF THIS ARTICLE;
  9. CONTRACT FOR PROFESSIONAL TESTING SERVICES TO PREPARE,  ADMINISTER,
AND  GRADE  THE  EXAMINATIONS  FOR APPLICANTS AS MAY BE REQUIRED FOR THE
PURPOSES OF THIS ARTICLE. THE BOARD SHALL DETERMINE THE SCOPE AND LENGTH
OF THE EXAMINATIONS, WHETHER THE EXAMINATIONS SHALL BE ORAL, WRITTEN, OR
BOTH, AND THE SCORE THAT SHALL BE DEEMED A PASSING SCORE;
  10. ORDER SUMMARY SUSPENSION OF A LICENSE;
  11. ISSUE INFORMAL NONBINDING INTERPRETATIONS OR DECLARATORY  RULINGS,
AND CONDUCT CONTESTED CASE PROCEEDINGS; AND
  12.  SUBPOENA WITNESSES AND DOCUMENTS, ADMINISTER OATHS, RECEIVE AFFI-
DAVITS AND ORAL TESTIMONY, INCLUDING TELEPHONIC COMMUNICATIONS.
  S 75-E. CLASSIFICATION. 1. FOR  THE  PURPOSE  OF  CLASSIFICATION,  THE
CONTRACTING BUSINESS INCLUDES ANY OR ALL OF THE FOLLOWING BRANCHES:
  (A) GENERAL ENGINEERING CONTRACTING;
  (B) GENERAL BUILDING CONTRACTING;
  (C) SPECIALTY CONTRACTING.
  2.  A  GENERAL  ENGINEERING CONTRACTOR IS A CONTRACTOR WHOSE PRINCIPAL
CONTRACTING  BUSINESS  IS  IN  CONNECTION  WITH  FIXED  WORKS  REQUIRING
SPECIALIZED  ENGINEERING  KNOWLEDGE  AND  SKILL, INCLUDING THE FOLLOWING
DIVISIONS OR SUBJECTS: IRRIGATION, DRAINAGE, WATER POWER, WATER  SUPPLY,
FLOOD  CONTROL,  INLAND WATERWAYS, HARBORS, DOCKS AND WHARVES, SHIPYARDS
AND PORTS, DAMS AND HYDROELECTRIC PROJECTS, LEVEES,  RIVER  CONTROL  AND
RECLAMATION  WORKS,  RAILROADS,  HIGHWAYS,  STREETS  AND ROADS, TUNNELS,
AIRPORTS AND AIRWAYS, SEWERS AND SEWAGE  DISPOSAL  PLANTS  AND  SYSTEMS,
WASTE REDUCTION PLANTS, BRIDGES, OVERPASSES, UNDERPASSES AND OTHER SIMI-
LAR WORKS, PIPELINES AND OTHER SYSTEMS FOR THE TRANSMISSION OF PETROLEUM
AND  OTHER  LIQUID  OR  GASEOUS SUBSTANCES, PARKS, PLAYGROUNDS AND OTHER
RECREATIONAL WORKS, REFINERIES, CHEMICAL PLANTS AND  SIMILAR  INDUSTRIAL
PLANTS REQUIRING SPECIALIZED ENGINEERING KNOWLEDGE AND SKILL, POWERHOUS-
ES,  POWER  PLANTS AND OTHER UTILITY PLANTS AND INSTALLATIONS, MINES AND
METALLURGICAL PLANTS, LAND LEVELLING AND EARTH-MOVING PROJECTS, EXCAVAT-
ING, GRADING, TRENCHING,  PAVING  AND  SURFACING  WORK  AND  CEMENT  AND
CONCRETE WORKS IN CONNECTION WITH THE ABOVE MENTIONED FIXED WORKS.
  3.  A  GENERAL  BUILDING  CONTRACTOR  IS  A CONTRACTOR WHOSE PRINCIPAL
CONTRACTING BUSINESS IS IN CONNECTION WITH ANY  STRUCTURE  BUILT,  BEING
BUILT,  OR  TO  BE  BUILT,  FOR  THE  SUPPORT, SHELTER, AND ENCLOSURE OF
PERSONS, ANIMALS, CHATTELS, OR MOVABLE PROPERTY OF ANY  KIND,  REQUIRING
IN  ITS  CONSTRUCTION THE USE OF MORE THAN TWO UNRELATED BUILDING TRADES
OR CRAFTS, OR TO DO OR SUPERINTEND THE WHOLE OR ANY PART THEREOF.
  4. A SPECIALTY CONTRACTOR IS A CONTRACTOR WHOSE OPERATIONS AS SUCH ARE
THE PERFORMANCE OF CONSTRUCTION WORK REQUIRING SPECIAL  SKILL  SUCH  AS,
BUT  NOT  LIMITED  TO,  DRYWALL,  PAINTING  AND DECORATING, LANDSCAPING,
FLOORING, CARPET LAYING BY ANY INSTALLATION METHOD, OR ROOFING WORK, AND
OTHERS WHOSE PRINCIPAL CONTRACTING BUSINESS INVOLVES THE USE OF SPECIAL-
IZED BUILDING TRADES OR CRAFTS.

S. 1210                             6

  S 75-F. POWERS TO CLASSIFY AND LIMIT OPERATIONS.  1.  THE  CONTRACTORS
LICENSE  BOARD  MAY  ADOPT RULES AND REGULATIONS NECESSARY TO EFFECT THE
CLASSIFICATION OF CONTRACTORS IN A MANNER  CONSISTENT  WITH  ESTABLISHED
USAGE AND PROCEDURE AS FOUND IN THE CONSTRUCTION BUSINESS, AND MAY LIMIT
THE  FIELD AND SCOPE OF THE OPERATIONS OF A LICENSED CONTRACTOR TO THOSE
IN WHICH THE CONTRACTOR  IS  CLASSIFIED  AND  QUALIFIED  TO  ENGAGE,  AS
DEFINED IN SECTION SEVENTY-FIVE-E OF THIS ARTICLE.
  2.  A  LICENSEE MAY MAKE APPLICATION FOR CLASSIFICATION AND BE CLASSI-
FIED IN MORE THAN ONE CLASSIFICATION IF THE LICENSEE  MEETS  THE  QUALI-
FICATIONS  PRESCRIBED BY THE BOARD FOR SUCH ADDITIONAL CLASSIFICATION OR
CLASSIFICATIONS. FOR QUALIFYING OR CLASSIFYING IN ADDITIONAL CLASSIFICA-
TIONS, THE LICENSEE SHALL PAY THE APPROPRIATE APPLICATION FEE BUT  SHALL
NOT BE REQUIRED TO PAY ANY ADDITIONAL LICENSE FEE.
  3.  THIS SECTION SHALL NOT PROHIBIT A SPECIALTY CONTRACTOR FROM TAKING
AND EXECUTING A CONTRACT INVOLVING THE USE OF  TWO  OR  MORE  CRAFTS  OR
TRADES,  IF  THE  PERFORMANCE OF THE WORK IN THE CRAFTS OR TRADES, OTHER
THAN IN WHICH THE SPECIALTY CONTRACTOR IS LICENSED,  IS  INCIDENTAL  AND
SUPPLEMENTAL  TO  THE  PERFORMANCE  OF  WORK  IN THE CRAFT FOR WHICH THE
SPECIALTY CONTRACTOR IS LICENSED.
  S 75-G. LICENSES REQUIRED. NO PERSON WITHIN THE PURVIEW OF THIS  ARTI-
CLE  SHALL  ACT,  OR ASSUME TO ACT, OR ADVERTISE, AS GENERAL ENGINEERING
CONTRACTOR, GENERAL BUILDING CONTRACTOR, OR SPECIALTY CONTRACTOR WITHOUT
A LICENSE PREVIOUSLY OBTAINED UNDER AND IN COMPLIANCE WITH THIS  ARTICLE
AND THE RULES AND REGULATIONS OF THE CONTRACTORS LICENSE BOARD.
  S  75-H. ISSUANCE OF BUILDING PERMITS; OWNER-BUILDER REGISTRATION.  1.
WHEN APPLYING FOR A PERMIT FROM THE OFFICE EACH APPLICANT SHALL  FILE  A
STATEMENT  THAT THE APPLICANT AND ALL SPECIALTY CONTRACTORS ARE LICENSED
UNDER THIS ARTICLE, GIVING THE LICENSE  NUMBERS  AND  STATING  THAT  THE
LICENSES  ARE  IN  FULL FORCE AND EFFECT, OR, IF THE APPLICANT IS EXEMPT
FROM THIS ARTICLE, THE BASIS FOR THE CLAIMED EXEMPTION; PROVIDED THAT IF
THE APPLICANT CLAIMS AN EXEMPTION UNDER  SUBDIVISION  SEVEN  OF  SECTION
SEVENTY-FIVE-B  OF THIS ARTICLE, THE APPLICANT SHALL ALSO BE REQUIRED TO
CERTIFY THAT THE BUILDING OR STRUCTURE IS FOR THE  APPLICANT'S  PERSONAL
USE  AND  NOT FOR USE OR OCCUPANCY BY THE GENERAL PUBLIC. THE CITY SHALL
MAINTAIN AN OWNER-BUILDER REGISTRATION  LIST  WHICH  SHALL  CONTAIN  THE
FOLLOWING INFORMATION: (A) THE NAME OF ANY OWNER OR LESSEE WHO CLAIMS AN
EXEMPTION  FROM THIS ARTICLE AS PROVIDED IN SUBDIVISION SEVEN OF SECTION
SEVENTY-FIVE-B OF THIS ARTICLE; (B) THE ADDRESS OF  THE  PROPERTY  WHERE
EXEMPT  BUILDING  OR IMPROVEMENT ACTIVITY IS TO OCCUR; (C) A DESCRIPTION
OF THE TYPE OF BUILDING  OR  IMPROVEMENT  ACTIVITY  TO  OCCUR;  (D)  THE
APPROXIMATE  DATES  OF  CONSTRUCTION ACTIVITY; AND (E) WHETHER ANY ELEC-
TRICAL OR PLUMBING WORK IS TO BE PERFORMED  AND  IF  SO,  THE  NAME  AND
LICENSE NUMBER OF THE PERSON OR ENTITY WHO WILL DO THE WORK. THE ABSENCE
OF  SUCH  REGISTRATION  IS  PRIMA  FACIE  EVIDENCE THAT THE EXEMPTION IN
SUBDIVISION SEVEN OF SECTION SEVENTY-FIVE-B OF  THIS  ARTICLE  DOES  NOT
APPLY.
  2.  THE  CITY  SHALL  VERIFY  THE  LICENSE  AGAINST A LIST OF LICENSED
CONTRACTORS PROVIDED BY THE STATE  CONTRACTORS  LICENSING  BOARD,  WHICH
LIST  SHALL  BE  UPDATED  AT LEAST QUARTERLY. THE CITY SHALL ALSO VERIFY
THAT THE APPLICANT IS IN FACT THE CONTRACTOR SO LICENSED OR THE CONTRAC-
TOR'S DULY AUTHORIZED AGENT.
  3. TO QUALIFY FOR THE EXEMPTION UNDER  SUBDIVISION  SEVEN  OF  SECTION
SEVENTY-FIVE-B  OF  THIS  ARTICLE,  THE CITY SHALL PROVIDE THE APPLICANT
WITH A DISCLOSURE STATEMENT IN SUBSTANTIALLY THE FOLLOWING FORM:

                          "DISCLOSURE STATEMENT

S. 1210                             7

STATE LAW REQUIRES CONSTRUCTION TO BE DONE BY LICENSED CONTRACTORS.  YOU
HAVE APPLIED FOR A PERMIT UNDER AN EXEMPTION TO THAT LAW. THE  EXEMPTION
PROVIDED  IN  THE GENERAL CITY LAW S75-B(7), ALLOWS YOU, AS THE OWNER OR
LESSEE OF YOUR PROPERTY, TO ACT AS  YOUR  OWN  GENERAL  CONTRACTOR  EVEN
THOUGH  YOU  DO  NOT HAVE A LICENSE. YOU MUST SUPERVISE THE CONSTRUCTION
YOURSELF. YOU MUST ALSO HIRE LICENSED SUBCONTRACTORS. THE BUILDING  MUST
BE  FOR  YOUR  OWN  USE  AND  OCCUPANCY. IT MAY NOT BE BUILT FOR SALE OR
LEASE. IF YOU SELL OR LEASE A BUILDING YOU HAVE  BUILT  YOURSELF  WITHIN
ONE  YEAR  AFTER THE CONSTRUCTION IS COMPLETE, THE LAW WILL PRESUME THAT
YOU BUILT IT FOR SALE OR LEASE, WHICH IS A VIOLATION OF  THE  EXEMPTION,
AND  YOU  MAY  BE PROSECUTED FOR THIS. IT IS YOUR RESPONSIBILITY TO MAKE
SURE THAT SUBCONTRACTORS HIRED BY YOU HAVE LICENSES  REQUIRED  BY  STATE
LAW AND BY COUNTY LICENSING ORDINANCES. ELECTRICAL OR PLUMBING WORK MUST
BE  PERFORMED BY CONTRACTORS LICENSED UNDER THE LAWS OF THE STATE OF NEW
YORK. ANY PERSON WORKING ON YOUR BUILDING WHO IS NOT  LICENSED  MUST  BE
YOUR  EMPLOYEE WHICH MEANS THAT YOU MUST DEDUCT F.I.C.A. AND WITHHOLDING
TAXES AND PROVIDE  WORKERS'  COMPENSATION  FOR  THAT  EMPLOYEE,  ALL  AS
PRESCRIBED  BY  LAW.  YOUR  CONSTRUCTION MUST COMPLY WITH ALL APPLICABLE
LAWS, ORDINANCES, BUILDING CODES, AND ZONING REGULATIONS. IF YOU VIOLATE
GENERAL CITY LAW S75-B(7) YOU MAY BE FINED $5,000 OR  FORTY  PERCENT  OF
THE  APPRAISED VALUE OF THE BUILDING AS DETERMINED BY THE ASSESSMENT AND
TAXATION DEPARTMENT OF THE CITY OF BUFFALO, WHICHEVER  IS  GREATER,  FOR
THE  FIRST  OFFENSE; AND $10,000 OR FIFTY PERCENT OF THE APPRAISED VALUE
OF THE BUILDING AS DETERMINED BY THE ASSESSMENT AND TAXATION  DEPARTMENT
OF  THE  CITY  OF  BUFFALO,  WHICHEVER  IS  GREATER  FOR  ANY SUBSEQUENT
OFFENSE."
THE CITY SHALL NOT ISSUE A BUILDING PERMIT TO THE OWNER-APPLICANT  UNTIL
THE  APPLICANT  SIGNS A STATEMENT THAT THE APPLICANT HAS READ AND UNDER-
STANDS THE DISCLOSURE FORM.
  4. A CITY BUILDING INSPECTOR OR OTHER BUILDING OFFICIAL  SHALL  REPORT
TO THE OFFICE THE NAME AND ADDRESS OF ANY PERSON, WHO, IN THE OPINION OF
THE BUILDING INSPECTOR OR OFFICIAL, HAS VIOLATED THIS ARTICLE BY ACCEPT-
ING OR CONTRACTING TO ACCOMPLISH WORK WHICH WOULD CLASSIFY THE PERSON AS
A CONTRACTOR UNDER THIS ARTICLE.
  S  75-I. ADVERTISING. 1. IT IS A MISDEMEANOR FOR ANY PERSON, INCLUDING
A PERSON WHO IS EXEMPT BY SECTION SEVENTY-FIVE-B  OF  THIS  ARTICLE,  TO
ADVERTISE  WITH  OR  WITHOUT ANY LIMITING QUALIFICATIONS AS A CONTRACTOR
UNLESS SUCH PERSON HOLDS A VALID LICENSE  UNDER  THIS  ARTICLE  FOR  THE
GOODS  AND  SERVICES  ADVERTISED.  "ADVERTISE"  AS  USED IN THIS SECTION
INCLUDES, BUT IS NOT LIMITED TO, THE ISSUANCE  OF  ANY  CARD,  SIGN,  OR
DEVICE  TO  ANY PERSON; THE CAUSING, PERMITTING, OR ALLOWING OF ANY SIGN
OR MARKING ON OR IN ANY BUILDING, VEHICLE OR STRUCTURE;  OR  ADVERTISING
IN ANY NEWSPAPER OR MAGAZINE; ANY LISTING OR ADVERTISING IN ANY DIRECTO-
RY  UNDER  A  CLASSIFICATION OR HEADING THAT INCLUDES THE WORD "CONTRAC-
TOR"; OR COMMERCIALS BROADCAST BY AIRWAVE TRANSMISSION.
  2. A CONTRACTOR MAY ADVERTISE IN PRINT OR BROADCAST MEDIUM, AS DEFINED
IN SUBDIVISION ONE OF THIS SECTION ONLY IF THE  CONTRACTOR  INCLUDES  IN
THE  ADVERTISEMENT  OR  LISTING  THE CONTRACTOR'S APPLICABLE AND CURRENT
LICENSE NUMBER, AND PROVIDES PROOF  OF  THE  NUMBER'S  VALIDITY  TO  THE
PUBLISHER  OR  PRODUCER  OF  THE  ADVERTISING  MEDIUM.  THE PUBLISHER OR
PRODUCER OF A PRINT OR BROADCAST  ADVERTISING  MEDIUM  SHALL  REFUSE  TO
PUBLISH  OR  BROADCAST  AN ADVERTISEMENT OR LISTING FOR A CONTRACTOR WHO
DOES NOT COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION. A PUBLISHER  OR
PRODUCER WHO OBTAINS A SIGNED STATEMENT FROM THE CONTRACTOR WHICH STATES
THAT  THE  CONTRACTOR HAS READ THE TEXT OF THE ADVERTISEMENT OR LISTING,
HAS AN APPLICABLE AND CURRENT CONTRACTORS  LICENSE  FOR  THE  GOODS  AND

S. 1210                             8

SERVICES  ADVERTISED,  HAS  INCLUDED  ALL APPLICABLE AND CURRENT LICENSE
NUMBERS IN THE ADVERTISEMENT OR LISTING, AND IS AWARE OF CIVIL AND CRIM-
INAL PENALTIES FOR ADVERTISING AS A CONTRACTOR WITHOUT A VALID  LICENSE,
SHALL  BE  ENTITLED  TO A REBUTTABLE PRESUMPTION OF COMPLIANCE WITH THIS
SUBDIVISION.
  3. UPON ENTRY OF EITHER A FINAL ORDER OF THE CONTRACTORS LICENSE BOARD
OR A JUDGMENT BY A  COURT  OF  COMPETENT  JURISDICTION  FINDING  THAT  A
CONTRACTOR  HAS ADVERTISED IN VIOLATION OF EITHER SECTION SEVENTY-FIVE-G
OF THIS ARTICLE OR SUBDIVISION ONE OF THIS SECTION, THE  PUBLIC  UTILITY
FURNISHING  TELEPHONE  SERVICE  TO  THE  CONTRACTOR SHALL DISCONNECT THE
TELEPHONE NUMBER CONTAINED IN THE ADVERTISEMENT OR LISTING.
  4. THE PUBLISHER OR PRODUCER OF A PRINT OR BROADCAST ADVERTISING MEDI-
UM SHALL NOT BE LIABLE IN ANY SUIT, ACTION, OR CLAIM  ARISING  FROM  ITS
REFUSAL  TO LIST OR ACCEPT ADVERTISEMENTS PURSUANT TO SUBDIVISION TWO OF
THIS SECTION. GOOD FAITH COMPLIANCE BY A PUBLIC UTILITY WITH SUBDIVISION
THREE OF THIS SECTION IS A COMPLETE DEFENSE TO  ANY  CIVIL  OR  CRIMINAL
ACTION  BROUGHT  AGAINST  IT  ARISING  FROM THE TERMINATION OF TELEPHONE
SERVICE.
  S 75-J. AIDING OR ABETTING. AIDING OR ABETTING AN UNLICENSED PERSON TO
EVADE THIS ARTICLE OR KNOWINGLY COMBINING OR CONSPIRING  WITH  AN  UNLI-
CENSED  PERSON,  OR  ALLOWING  ONE'S LICENSE TO BE USED BY AN UNLICENSED
PERSON, OR ACTING AS AGENT OR PARTNER OR ASSOCIATE, OR OTHERWISE, OF  AN
UNLICENSED  PERSON,  WITH  THE  INTENT TO EVADE THIS ARTICLE, SHALL BE A
MISDEMEANOR.
  S 75-K. INVESTIGATION PERMITTED. THE  CONTRACTORS  LICENSE  BOARD  MAY
INVESTIGATE, CLASSIFY, AND QUALIFY APPLICANTS FOR CONTRACTORS LICENSES.
  S 75-L. VIOLATION FOR UNLICENSED ACTIVITY. 1. IN ADDITION TO ANY OTHER
REMEDY  AVAILABLE,  THE INSPECTOR MAY ISSUE VIOLATION NOTICES TO PERSONS
ACTING IN THE CAPACITY OF OR ENGAGING IN THE BUSINESS  OF  A  CONTRACTOR
WITHIN  THE CITY, WITHOUT HAVING A LICENSE PREVIOUSLY OBTAINED UNDER AND
IN COMPLIANCE WITH THIS ARTICLE AND THE RULES AND REGULATIONS PROMULGAT-
ED THEREUNDER. IF THE INSPECTOR DETERMINES THAT A PERSON  IS  ACTING  IN
THE  CAPACITY  OF,  OR  ENGAGING IN THE BUSINESS OF, A CONTRACTOR WITHIN
THIS CITY WITHOUT HAVING A LICENSE TO SO ACT OR  ENGAGE,  THE  INSPECTOR
MAY ISSUE A VIOLATION NOTICE TO SUCH PERSON.
  2.  EACH  VIOLATION  NOTICE SHALL BE IN WRITING AND SHALL DESCRIBE THE
BASIS OF THE VIOLATION,  INCLUDING  THE  SPECIFIC  STATUTORY  PROVISIONS
ALLEGED  TO  HAVE BEEN VIOLATED, AND SHALL CONTAIN AN ORDER TO CEASE AND
DESIST FROM THE VIOLATION, AND  AN  ASSESSMENT  OF  CIVIL  PENALTIES  AS
PROVIDED IN SECTION SEVENTY-FIVE-Z OF THIS ARTICLE. THE VIOLATION NOTICE
SHALL  ALSO  INCLUDE NOTICE OF THE SANCTIONS FOR VIOLATING THE CEASE AND
DESIST ORDER.
  3. SERVICE OF A VIOLATION NOTICE ISSUED UNDER THIS  SECTION  SHALL  BE
MADE  BY  PERSONAL  SERVICE  WHENEVER  POSSIBLE,  OR  BY CERTIFIED MAIL,
RESTRICTED DELIVERY, SENT  TO  THE  LAST  KNOWN  BUSINESS  OR  RESIDENCE
ADDRESS OF THE PERSON CITED.
  4.  ANY  PERSON  SERVED WITH A VIOLATION NOTICE UNDER THIS SECTION MAY
SUBMIT A WRITTEN REQUEST TO THE EXECUTIVE DIRECTOR FOR A HEARING, WITHIN
TWENTY DAYS FROM THE RECEIPT OF THE VIOLATION NOTICE,  WITH  RESPECT  TO
THE  VIOLATIONS ALLEGED, THE SCOPE OF THE ORDER TO CEASE AND DESIST, AND
THE AMOUNT OF THE CIVIL PENALTIES ASSESSED.
  5. IF THE PERSON CITED UNDER THIS SECTION TIMELY NOTIFIES  THE  EXECU-
TIVE DIRECTOR OF THE REQUEST FOR A HEARING, THE EXECUTIVE DIRECTOR SHALL
AFFORD  AN OPPORTUNITY FOR A HEARING AT THE CONTRACTORS LICENSING BOARD.
THE HEARING SHALL BE CONDUCTED BY THE EXECUTIVE DIRECTOR OR  THE  EXECU-
TIVE  DIRECTOR MAY DESIGNATE A HEARINGS OFFICER TO HOLD THE HEARING. THE

S. 1210                             9

EXECUTIVE DIRECTOR OR ANY HEARINGS OFFICER DESIGNATED BY  THE  EXECUTIVE
DIRECTOR SHALL HAVE THE POWER TO ISSUE SUBPOENAS, ADMINISTER OATHS, HEAR
TESTIMONY,  FIND  FACTS,  AND  MAKE CONCLUSIONS OF LAW AND ISSUE A FINAL
ORDER.
  6.  IF  THE  PERSON CITED UNDER THIS SECTION DOES NOT SUBMIT A WRITTEN
REQUEST TO THE EXECUTIVE DIRECTOR FOR A HEARING WITHIN TWENTY DAYS  FROM
THE  RECEIPT  OF  THE  VIOLATION  NOTICE,  THE VIOLATION NOTICE SHALL BE
DEEMED A FINAL ORDER OF THE EXECUTIVE DIRECTOR.
  7. THE EXECUTIVE DIRECTOR MAY APPLY TO THE  APPROPRIATE  COURT  FOR  A
JUDGMENT  TO  ENFORCE  THE  PROVISIONS  OF ANY FINAL ORDER ISSUED BY THE
EXECUTIVE DIRECTOR OR  DESIGNATED  HEARINGS  OFFICER  PURSUANT  TO  THIS
SECTION,  INCLUDING  THE  PROVISIONS  TO  CEASE AND DESIST AND FOR CIVIL
PENALTIES IMPOSED. IN ANY PROCEEDING TO ENFORCE THE  PROVISIONS  OF  THE
FINAL  ORDER  OF  THE EXECUTIVE DIRECTOR OR DESIGNATED HEARINGS OFFICER,
THE EXECUTIVE DIRECTOR NEED ONLY SHOW THAT NOTICE WAS GIVEN,  A  HEARING
WAS  HELD  OR  THE TIME GRANTED FOR REQUESTING A HEARING HAS RUN WITHOUT
SUCH A REQUEST, AND A CERTIFIED COPY OF THE FINAL ORDER OF THE EXECUTIVE
DIRECTOR OR DESIGNATED HEARINGS OFFICER.
  8. IF ANY PARTY IS AGGRIEVED BY THE DECISION OF THE EXECUTIVE DIRECTOR
OR THE DESIGNATED HEARINGS OFFICER, THE PARTY MAY COMMENCE A  PROCEEDING
PURSUANT  TO  ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES;
PROVIDED THAT THE OPERATION OF A CEASE AND DESIST  ORDER  SHALL  NOT  BE
STAYED PENDING SUCH PROCEEDING.
  9.  THE  SANCTIONS AND DISPOSITION AUTHORIZED UNDER THIS SECTION SHALL
BE SEPARATE FROM AND IN ADDITION TO ALL OTHER REMEDIES EITHER  CIVIL  OR
CRIMINAL PROVIDED IN ANY OTHER APPLICABLE STATUTORY PROVISION. THE EXEC-
UTIVE  DIRECTOR  MAY  ADOPT RULES AND REGULATIONS AS MAY BE NECESSARY TO
FULLY EFFECTUATE THIS SECTION.
  10. THE EXECUTIVE DIRECTOR MAY APPLY  TO  THE  APPROPRIATE  COURT  FOR
INJUNCTIVE  OR ANY OTHER RELIEF THE COURT DEEMS APPROPRIATE, INCLUDING A
FINE OF NOT LESS THAN TEN THOUSAND DOLLARS FOR EACH OFFENSE, AGAINST ANY
PERSON WHO VIOLATES A CEASE AND DESIST ORDER. EACH  DAY'S  VIOLATION  OR
FAILURE  TO COMPLY WITH A CEASE AND DESIST ORDER SHALL BE DEEMED A SEPA-
RATE OFFENSE. THE ALLEGATIONS IN THE CITATION SHALL  BE  DEEMED  CONCLU-
SIVELY  ESTABLISHED FOR PURPOSES OF A PROCEEDING FOR PERMANENT OR TEMPO-
RARY RELIEF TO ENFORCE THE CEASE AND DESIST ORDER.
  S 75-M. STATE DISASTER EMERGENCY; ACTING AS  A  CONTRACTOR  WITHOUT  A
LICENSE; PENALTY. ANY PERSON WHO VIOLATES SECTION SEVENTY-FIVE-G OF THIS
ARTICLE,  IN  CONNECTION  WITH  THE OFFER OR PERFORMANCE OF REPAIRS TO A
RESIDENTIAL OR NONRESIDENTIAL STRUCTURE FOR DAMAGE CAUSED BY  A  NATURAL
DISASTER IN A POLITICAL SUBDIVISION FOR WHICH A STATE DISASTER EMERGENCY
IS  DECLARED  BY  THE  GOVERNOR,  MAY BE PUNISHED BY A FINE OF UP TO TEN
THOUSAND DOLLARS, OR IMPRISONMENT UP TO ONE YEAR, OR BOTH,  IN  ADDITION
TO ALL OTHER REMEDIES OR PENALTIES.
  S  75-N. ENHANCED PENALTIES WHEN ELDERLY PERSONS ARE TARGETED.  IF ANY
PERSON IS FOUND TO HAVE VIOLATED SECTION SEVENTY-FIVE-G OF THIS  ARTICLE
AND THE VIOLATION IS COMMITTED AGAINST AN ELDERLY PERSON, IN ADDITION TO
ANY  OTHER  PENALTY SET FORTH OR IMPOSED, THE COURT MAY IMPOSE A FINE OF
UP TO TEN THOUSAND DOLLARS, OR IMPRISONMENT UP TO ONE YEAR, OR BOTH.  AS
USED IN THIS SECTION, "ELDERLY PERSON" MEANS A PERSON WHO IS  SIXTY-FIVE
YEARS OF AGE OR OLDER.
  S 75-O. NO LICENSE ISSUED WHEN. 1. NO LICENSE AUTHORIZED BY THIS ARTI-
CLE SHALL BE ISSUED TO:
  (A) ANY PERSON UNLESS THE PERSON HAS FILED AN APPLICATION AND PAID THE
APPLICABLE FEES;

S. 1210                            10

  (B)  ANY PERSON UNLESS THE PERSON MEETS THE EXPERIENCE REQUIREMENTS AS
PRESCRIBED IN THE BOARD'S RULES; PROVIDED  THAT  THE  BOARD  MAY  ACCEPT
EXPERIENCE  ACQUIRED ON A SELF-EMPLOYED OR UNLICENSED BASIS IF THE EXPE-
RIENCE CAN BE VERIFIED;
  (C)  ANY  PERSON  WHO DOES NOT POSSESS A HISTORY OF HONESTY, TRUTHFUL-
NESS, FINANCIAL INTEGRITY, AND FAIR DEALING; PROVIDED  THAT  ANY  PERSON
WHO  DURING  THE SIX YEARS PRIOR TO APPLICATION HAS FAILED TO SATISFY AN
UNDISPUTED DEBT OR A JUDGMENT RELATING TO SERVICES OR MATERIALS RENDERED
IN CONNECTION WITH OPERATIONS AS A CONTRACTOR SHALL BE PRESUMED  NOT  TO
POSSESS A HISTORY OF FINANCIAL INTEGRITY;
  (D)  ANY  PERSON  UNLESS  THE PERSON HAS SUCCESSFULLY PASSED A WRITTEN
EXAMINATION AS PRESCRIBED BY THE BOARD;
  (E) ANY PERSON UNLESS THE PERSON IS AGE EIGHTEEN YEARS OR MORE;
  (F) ANY JOINT VENTURE WHICH IS NOT EXEMPT UNDER SUBDIVISION  EIGHT  OF
SECTION  SEVENTY-FIVE-B  OF THIS ARTICLE UNLESS THE CONTRACTING BUSINESS
THEREOF IS UNDER THE DIRECT MANAGEMENT OF A MEMBER OR EMPLOYEE  THEREOF,
AND UNLESS THE MEMBER OR EMPLOYEE HOLDS AN APPROPRIATE LICENSE;
  (G)  ANY  INDIVIDUAL  WHO  IS UNABLE TO QUALIFY AS A CONTRACTOR OR ANY
PARTNERSHIP OR CORPORATION, UNLESS THE CONTRACTING BUSINESS OF THE INDI-
VIDUAL, PARTNERSHIP, OR CORPORATION IS UNDER THE DIRECT MANAGEMENT OF AN
EMPLOYEE, PARTNER, OR OFFICER THEREOF WHO HOLDS AN APPROPRIATE LICENSE;
  (H) ANY PERSON UNLESS THE PERSON SUBMITS  SATISFACTORY  PROOF  TO  THE
BOARD THAT THE PERSON HAS OBTAINED WORKERS' COMPENSATION INSURANCE;
  (I)  ANY  PERSON  UNLESS  THE PERSON SUBMITS SATISFACTORY PROOF TO THE
BOARD THAT THE PERSON HAS OBTAINED LIABILITY INSURANCE; OR
  (J) ANY PERSON UNLESS THE PERSON SUBMITS A BOND  IF  REQUIRED  BY  THE
BOARD UNDER SECTION SEVENTY-FIVE-V OF THIS ARTICLE.
  2.  ANY  LICENSE ISSUED HEREUNDER SHALL NOT BE RENEWED IF THE LICENSEE
NO LONGER MEETS ANY OF THE FOREGOING QUALIFICATIONS.
  3. AN APPLICATION SHALL BE CONSIDERED ABANDONED IF THE APPLICATION  IS
NOT  COMPLETED  AND  THE REQUIRED DOCUMENTS OR OTHER INFORMATION ARE NOT
SUBMITTED TO THE BOARD WITHIN TWO YEARS FROM THE LAST DATE THE DOCUMENTS
OR INFORMATION WERE REQUESTED.
  S 75-P. REQUIREMENTS TO MAINTAIN LICENSE.  1.  A  LICENSED  CONTRACTOR
SHALL HAVE AND MAINTAIN IN FULL FORCE AND EFFECT THE FOLLOWING:
  (A) WORKERS' COMPENSATION INSURANCE;
  (B)  LIABILITY  INSURANCE  FROM  AN  INSURANCE  COMPANY  OR AGENCY FOR
COMPREHENSIVE PERSONAL INJURY AND PROPERTY DAMAGE LIABILITY; AND
  (C) BOND WHEN REQUIRED BY THE BOARD, UNDER SECTION  SEVENTY-FIVE-V  OF
THIS ARTICLE.
  2. FAILURE, REFUSAL, OR NEGLECT OF ANY LICENSED CONTRACTOR TO MAINTAIN
IN  FULL  FORCE  AND EFFECT, THE APPLICABLE WORKERS' COMPENSATION INSUR-
ANCE, LIABILITY INSURANCE, OR BOND SHALL CAUSE THE AUTOMATIC  FORFEITURE
OF  THE LICENSE OF THE CONTRACTOR EFFECTIVE AS OF THE DATE OF EXPIRATION
OR CANCELLATION OF THE  CONTRACTOR'S  WORKERS'  COMPENSATION  INSURANCE,
LIABILITY INSURANCE, OR BOND.
  3.  THE  BOARD SHALL NOT RESTORE THE FORFEITED LICENSE UNTIL SATISFAC-
TORY PROOF OF CONTINUOUS INSURANCE AND BOND COVERAGE  ARE  SUBMITTED  TO
THE BOARD AS REQUIRED BY THIS SECTION.
  4.  FAILURE  TO  RESTORE A LICENSE WITHIN SIXTY DAYS AFTER THE DATE OF
FORFEITURE SHALL RESULT IN THE FORFEITURE OF ALL FEES AND SHALL  REQUIRE
THE PERSON TO APPLY AS A NEW APPLICANT.
  5.  THE  BOARD  MAY  ASSESS  A FEE NOT TO EXCEED ONE THOUSAND DOLLARS,
IMPOSE A BOND, OR RESTRICT THE LICENSE AS A CONDITION FOR  THE  RESTORA-
TION OF A LICENSE FORFEITED PURSUANT TO THIS SECTION.

S. 1210                            11

  6. A LICENSEE MAY, WITHIN SIXTY DAYS AFTER RECEIPT OF THE NOTIFICATION
OF  THE  FORFEITURE,  REQUEST  AN  ADMINISTRATIVE  HEARING TO REVIEW THE
FORFEITURE.
  S 75-Q. APPLICATION; FEES. 1. EVERY APPLICANT FOR A LICENSE UNDER THIS
ARTICLE SHALL COMPLETE AND FILE AN APPLICATION PROVIDED BY THE BOARD AND
SHALL  FURNISH  ANY  ADDITIONAL INFORMATION BEARING UPON THE ISSUANCE OF
THE LICENSE AS THE BOARD SHALL REQUIRE. IN THE CASE  OF  A  PARTNERSHIP,
JOINT  VENTURE,  OR CORPORATION, ANY PARTNER, MEMBER, OR OFFICER THEREOF
MAY SIGN THE APPLICATION ON BEHALF OF THE APPLICANT.
  2. EVERY APPLICANT WHO IS REQUIRED BY THE BOARD TO BE  EXAMINED  SHALL
PAY, DIRECTLY TO THE TESTING AGENCY, AN EXAMINATION FEE.
  3.  SUCH FEES SHALL BE AS PROVIDED IN RULES AND REGULATIONS ADOPTED BY
THE EXECUTIVE DIRECTOR.
  S 75-R. FORM  FOR  LICENSES.  THE  FORM  OF  EVERY  LICENSE  SHALL  BE
PRESCRIBED BY THE BOARD AND SHALL BE ISSUED IN THE NAME OF THE BOARD.
  S  75-S.  PLACE  OF  BUSINESS  AND  POSTING  OF LICENSE. 1. A LICENSED
CONTRACTOR SHALL HAVE, MAINTAIN, AND OPERATE FROM A  DEFINITE  PLACE  OF
BUSINESS  IN THE STATE AND SHALL DISPLAY THEREIN HIS OR HER CONTRACTOR'S
LICENSE.
  2. THE LICENSED CONTRACTOR SHALL REPORT ANY CHANGE OF ADDRESS OR TELE-
PHONE NUMBER TO THE BOARD WITHIN TEN BUSINESS DAYS FROM SUCH CHANGE.
  S 75-T. FEES; BIENNIAL RENEWALS; INACTIVE LICENSE. 1. FEES REQUIRED BY
THIS ARTICLE SHALL BE PAID TO THE BOARD ON OR BEFORE SEPTEMBER THIRTIETH
OF EACH EVEN-NUMBERED YEAR. THESE FEES SHALL BE AS PROVIDED IN RULES AND
REGULATIONS ADOPTED BY THE  EXECUTIVE  DIRECTOR.  FAILURE,  NEGLECT,  OR
REFUSAL  OF  ANY  LICENSEE TO PAY THESE FEES AND TO SUBMIT ALL DOCUMENTS
REQUIRED BY THE BOARD ON OR BEFORE SEPTEMBER THIRTIETH OF EACH EVEN-NUM-
BERED YEAR SHALL CONSTITUTE A FORFEITURE OF THE LICENSEE'S LICENSE.
  2. ANY FORFEITED  LICENSE  MAY  BE  RESTORED  UPON  SUBMITTAL  OF  ALL
REQUIRED  DOCUMENTS AND FEES, PLUS A PENALTY FEE, WITHIN SIXTY DAYS FROM
SEPTEMBER THIRTIETH OF THE EVEN-NUMBERED YEAR.
  3. UPON WRITTEN REQUEST OF  A  LICENSEE,  THE  BOARD  MAY  PLACE  THAT
PERSON'S  ACTIVE  LICENSE  IN  AN  INACTIVE  STATUS.  THE LICENSEE, UPON
PAYMENT OF THE INACTIVE LICENSE FEE, MAY CONTINUE INACTIVE FOR THE BIEN-
NIAL PERIOD. FAILURE, NEGLECT, OR REFUSAL OF ANY  LICENSEE  IN  INACTIVE
STATUS  TO PAY THE INACTIVE LICENSE FEE SHALL CONSTITUTE A FORFEITURE OF
THE LICENSE. THE LICENSE MAY BE REACTIVATED AT ANY TIME DURING THE BIEN-
NIAL PERIOD BY MAKING WRITTEN REQUEST TO THE BOARD AND BY FULFILLING ALL
THE REQUIREMENTS, INCLUDING THE PAYMENT OF THE APPROPRIATE FEES.   WHILE
IN  AN  INACTIVE  STATUS,  A LICENSEE SHALL NOT ENGAGE IN CONTRACTING; A
LICENSEE WHO VIOLATES THIS PROHIBITION SHALL BE  SUBJECT  TO  DISCIPLINE
UNDER THIS ARTICLE AND THE BOARD'S RULES AND REGULATIONS.
  4.  FOR  PURPOSES  OF  THIS ARTICLE, THE DISHONORING OF ANY CHECK UPON
FIRST DEPOSIT SHALL CONSTITUTE A FAILURE TO MEET THE FEE REQUIREMENTS.
  S 75-U. ACTION ON APPLICATIONS. WITHIN ONE HUNDRED TWENTY  DAYS  AFTER
THE  FILING OF A PROPER APPLICATION FOR A LICENSE AND THE PAYMENT OF THE
REQUIRED FEES, THE BOARD SHALL:
  1. CONDUCT AN INVESTIGATION OF THE APPLICANT,  AND  IN  THAT  INVESTI-
GATION MAY POST PERTINENT INFORMATION, INCLUDING BUT NOT LIMITED TO, THE
NAME AND ADDRESS OF THE APPLICANT, AND IF THE APPLICANT IS ASSOCIATED IN
ANY PARTNERSHIP, CORPORATION, OR OTHER ENTITY, THE NAMES, ADDRESSES, AND
OFFICIAL CAPACITIES OF THE APPLICANT'S ASSOCIATES; AND
  2.  EITHER ISSUE A LICENSE TO THE APPLICANT OR NOTIFY THE APPLICANT IN
WRITING BY REGISTERED MAIL OF THE BOARD'S  DECISION  NOT  TO  GRANT  THE
LICENSE  AND  SPECIFICALLY NOTIFY THE APPLICANT OF THE APPLICANT'S RIGHT

S. 1210                            12

TO SUBMIT A REQUEST FOR A CONTESTED CASE HEARING WITHIN  SIXTY  DAYS  OF
THE BOARD'S DECISION.
  S 75-V. BOND. 1. THE CONTRACTORS LICENSE BOARD MAY REQUIRE EACH LICEN-
SEE, APPLICANT, INDIVIDUAL OR CORPORATION, WHO IS A SPECIALTY CONTRACTOR
TO  PUT  UP  BOND  IN  THE  SUM  OF  NOT LESS THAN FIVE THOUSAND DOLLARS
EXECUTED BY THE LICENSEE OR APPLICANT  AS  PRINCIPAL  AND  BY  A  SURETY
COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE AS SURETY.
  2.  THE  BOARD  MAY  REQUIRE  EACH  LICENSEE, APPLICANT, INDIVIDUAL OR
CORPORATION, WHO IS A GENERAL CONTRACTOR TO PUT UP A BOND IN THE SUM  OF
NOT  LESS  THAN FIVE THOUSAND DOLLARS EXECUTED BY THE LICENSEE OR APPLI-
CANT AS PRINCIPAL AND BY A SURETY COMPANY AUTHORIZED TO DO  BUSINESS  IN
THE STATE AS SURETY.
  3.  THE  BOARD, IN EXERCISING ITS DISCRETION SHALL TAKE INTO CONSIDER-
ATION THE LICENSEE'S OR APPLICANT'S FINANCIAL CONDITION  AND  EXPERIENCE
IN THE FIELD.
  4.  THE  BOND SHALL BE IN SUCH FORM AS THE BOARD MAY PRESCRIBE, CONDI-
TIONED UPON THE PAYMENT OF WAGES TO THE EMPLOYEES OF THE  CONTRACTOR  OR
ANY  OTHER  PERSON OR ENTITY ENTITLED TO SUCH WAGES WHEN DUE, AND GIVING
EMPLOYEES OR ANY OTHER PERSON OR ENTITY ENTITLED TO SUCH WAGES WHO  HAVE
NOT BEEN PAID A RIGHT OF ACTION ON THE BOND IN THEIR OWN NAMES; AND UPON
THE  HONEST  CONDUCT OF THE BUSINESS OF THE LICENSEE, AND UPON THE RIGHT
OF ANY PERSON INJURED OR DAMAGED BY ANY WRONGFUL ACT OF THE LICENSEE  TO
BRING  AN  ACTION  ON  THE BOND; PROVIDED THAT ANY CLAIM FOR WAGES SHALL
HAVE PRIORITY OVER ALL OTHER CLAIMS.
  S 75-W. REVOCATION, SUSPENSION, AND RENEWAL OF LICENSES.  IN  ADDITION
TO ANY OTHER ACTIONS AUTHORIZED BY LAW, THE BOARD MAY REVOKE ANY LICENSE
ISSUED  PURSUANT  TO THIS ARTICLE, OR SUSPEND THE RIGHT OF A LICENSEE TO
USE A LICENSE, OR REFUSE TO RENEW A LICENSE FOR ANY CAUSE AUTHORIZED  BY
LAW, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
  1.  ANY  DISHONEST,  FRAUDULENT, OR DECEITFUL ACT AS A CONTRACTOR THAT
CAUSES SUBSTANTIAL DAMAGE TO ANOTHER;
  2. ENGAGING IN ANY UNFAIR OR DECEPTIVE ACT  OR  PRACTICE  PURSUANT  TO
ARTICLE TWENTY-TWO-A OF THE GENERAL BUSINESS LAW;
  3.  ABANDONMENT  OF  ANY  CONSTRUCTION  PROJECT  OR  OPERATION WITHOUT
REASONABLE OR LEGAL EXCUSE;
  4. WILFUL DIVERSION OF FUNDS OR PROPERTY RECEIVED FOR  PROSECUTION  OR
COMPLETION  OF  A  SPECIFIC  CONSTRUCTION PROJECT OR OPERATION, OR FOR A
SPECIFIED PURPOSE IN THE PROSECUTION OR COMPLETION OF  ANY  CONSTRUCTION
PROJECT OR OPERATION, AND THE USE THEREOF FOR ANY OTHER PURPOSE;
  5.  WILFUL  DEPARTURE FROM, OR WILFUL DISREGARD OF PLANS OR SPECIFICA-
TIONS IN ANY MATERIAL RESPECT  WITHOUT  CONSENT  OF  THE  OWNER  OR  THE
OWNER'S  DULY AUTHORIZED REPRESENTATIVE, THAT IS PREJUDICIAL TO A PERSON
ENTITLED TO HAVE THE CONSTRUCTION  PROJECT  OR  OPERATION  COMPLETED  IN
ACCORDANCE WITH THOSE PLANS AND SPECIFICATIONS;
  6.  WILFUL  VIOLATION  OF  ANY LAW OF THE STATE, RELATING TO BUILDING,
INCLUDING ANY VIOLATION OF ANY APPLICABLE  RULE  OF  THE  DEPARTMENT  OF
HEALTH, OR OF ANY APPLICABLE SAFETY OR LABOR LAW;
  7.  FAILURE TO MAKE AND KEEP RECORDS SHOWING ALL CONTRACTS, DOCUMENTS,
RECORDS, RECEIPTS, AND DISBURSEMENTS BY A LICENSEE OF ALL THE LICENSEE'S
TRANSACTIONS AS A CONTRACTOR FOR A PERIOD OF NOT LESS THAN  THREE  YEARS
AFTER  COMPLETION  OF ANY CONSTRUCTION PROJECT OR OPERATION TO WHICH THE
RECORDS REFER OR TO PERMIT INSPECTION OF THOSE RECORDS BY THE BOARD;
  8. WHEN THE LICENSEE BEING A PARTNERSHIP OR A  JOINT  VENTURE  PERMITS
ANY PARTNER, MEMBER, OR EMPLOYEE OF THE PARTNERSHIP OR JOINT VENTURE WHO
DOES NOT HOLD A LICENSE TO HAVE THE DIRECT MANAGEMENT OF THE CONTRACTING
BUSINESS THEREOF;

S. 1210                            13

  9.  WHEN  THE  LICENSEE  BEING  A  CORPORATION  PERMITS ANY OFFICER OR
EMPLOYEE OF THE CORPORATION WHO DOES NOT HOLD  A  LICENSE  TO  HAVE  THE
DIRECT MANAGEMENT OF THE CONTRACTING BUSINESS THEREOF;
  10.  MISREPRESENTATION OF A MATERIAL FACT BY AN APPLICANT IN OBTAINING
A LICENSE;
  11. FAILURE OF A LICENSEE  TO  COMPLETE  IN  A  MATERIAL  RESPECT  ANY
CONSTRUCTION PROJECT OR OPERATION FOR THE AGREED PRICE IF THE FAILURE IS
WITHOUT LEGAL EXCUSE;
  12. WILFUL FAILURE IN ANY MATERIAL RESPECT TO COMPLY WITH THIS ARTICLE
OR THE RULES ADOPTED PURSUANT THERETO;
  13.  WILFUL  FAILURE OR REFUSAL TO PROSECUTE A PROJECT OR OPERATION TO
COMPLETION WITH REASONABLE DILIGENCE;
  14. WILFUL FAILURE TO PAY WHEN DUE A DEBT  INCURRED  FOR  SERVICES  OR
MATERIALS  RENDERED OR PURCHASED IN CONNECTION WITH THE LICENSEE'S OPER-
ATIONS AS A CONTRACTOR WHEN THE LICENSEE HAS THE ABILITY TO PAY OR  WHEN
THE  LICENSEE  HAS RECEIVED SUFFICIENT FUNDS THEREFOR AS PAYMENT FOR THE
PARTICULAR OPERATION FOR WHICH THE SERVICES OR MATERIALS  WERE  RENDERED
OR PURCHASED;
  15.  THE  FALSE  DENIAL  OF  ANY DEBT DUE OR THE VALIDITY OF THE CLAIM
THEREFOR WITH INTENT TO SECURE FOR A LICENSEE, THE LICENSEE'S  EMPLOYER,
OR  OTHER  PERSON,  ANY  DISCOUNT  OF THE DEBT OR WITH INTENT TO HINDER,
DELAY, OR DEFRAUD THE PERSON TO WHOM THE DEBT IS DUE;
  16. FAILURE TO SECURE OR MAINTAIN WORKERS' COMPENSATION INSURANCE;
  17. ENTERING INTO A CONTRACT WITH AN UNLICENSED  CONTRACTOR  INVOLVING
WORK  OR  ACTIVITY  FOR  THE  PERFORMANCE OF WHICH LICENSING IS REQUIRED
UNDER THIS ARTICLE;
  18. PERFORMING SERVICE ON A RESIDENTIAL OR COMMERCIAL AIR CONDITIONER,
UTILIZING CFCS, WITHOUT USING REFRIGERANT RECOVERY AND RECYCLING  EQUIP-
MENT;
  19.  PERFORMING  SERVICE  ON  ANY  AIR  CONDITIONER WITHOUT SUCCESSFUL
COMPLETION OF AN APPROPRIATE TRAINING COURSE IN THE RECOVERY AND RECYCL-
ING OF CFC AND HCFC REFRIGERANTS,  WHICH  INCLUDED  INSTRUCTION  IN  THE
PROPER  USE  OF  REFRIGERANT  RECOVERY  AND  RECYCLING EQUIPMENT THAT IS
CERTIFIED BY UNDERWRITERS LABORATORIES, INCORPORATED;
  20. FAILURE TO PAY DELINQUENT  TAXES,  INTEREST,  AND  PENALTIES  THAT
RELATE  TO THE BUSINESS OF CONTRACTING, OR TO COMPLY WITH THE TERMS OF A
CONDITIONAL PAYMENT PLAN WITH THE DEPARTMENT OF TAXATION FOR THE PAYMENT
OF SUCH DELINQUENT TAXES, INTEREST, AND PENALTIES.
  S 75-X. DEATH OR DISSOCIATION. NO  COPARTNERSHIP,  JOINT  VENTURE,  OR
CORPORATION SHALL BE DEEMED TO HAVE VIOLATED ANY PROVISION OF THIS ARTI-
CLE  BY  ACTING  OR  ASSUMING  TO ACT AS A CONTRACTOR AFTER THE DEATH OR
DISSOCIATION OF  A  LICENSEE  WHO  HAD  THE  DIRECT  MANAGEMENT  OF  THE
CONTRACTING  BUSINESS THEREOF PRIOR TO FINAL DISPOSITION BY THE CONTRAC-
TORS LICENSE BOARD OF AN APPLICATION FOR A LICENSE  MADE  WITHIN  THIRTY
DAYS FROM THE DATE OF THE DEATH OR DISSOCIATION.
  S  75-Y.  CIVIL  ACTION.  THE FAILURE OF ANY PERSON TO COMPLY WITH ANY
PROVISION OF THIS ARTICLE SHALL PREVENT SUCH PERSON FROM RECOVERING  FOR
WORK  DONE, OR MATERIALS OR SUPPLIES FURNISHED, OR BOTH ON A CONTRACT OR
ON THE BASIS OF THE REASONABLE VALUE THEREOF, IN A CIVIL ACTION, IF SUCH
PERSON FAILED TO OBTAIN A LICENSE UNDER THIS ARTICLE PRIOR TO  CONTRACT-
ING FOR SUCH WORK.
  S  75-Z.  VIOLATION;  PENALTIES. 1. ANY LICENSEE WHO CONTRACTS OUTSIDE
THE APPROPRIATE SCOPE  OF  CLASSIFICATION  FOR  WHICH  THE  LICENSEE  IS
LICENSED  SHALL BE FINED FIVE HUNDRED DOLLARS FOR THE FIRST OFFENSE, ONE
THOUSAND DOLLARS FOR THE SECOND OFFENSE, AND NOT LESS THAN ONE  THOUSAND

S. 1210                            14

FIVE  HUNDRED  DOLLARS  OR MORE THAN TWO THOUSAND DOLLARS FOR ANY SUBSE-
QUENT OFFENSE.
  2.  ANY  LICENSEE  WHO  VIOLATES SECTION SEVENTY-FIVE-M OR SUBDIVISION
SEVENTEEN OF SECTION SEVENTY-FIVE-W OF THIS ARTICLE SHALL BE FINED UP TO
TWENTY-FIVE THOUSAND DOLLARS OR UP TO THE FULL AMOUNT  OF  THE  CONTRACT
PRICE FOR EACH OFFENSE, WHICHEVER IS GREATER.
  3.  EXCEPT AS PROVIDED IN SUBDIVISIONS ONE, TWO, FOUR AND FIVE OF THIS
SECTION, ANY PERSON WHO VIOLATES OR FAILS TO COMPLY  WITH  THIS  ARTICLE
SHALL  BE  FINED  NOT  LESS  THAN ONE HUNDRED DOLLARS NOR MORE THAN FIVE
THOUSAND DOLLARS FOR  EACH  VIOLATION;  PROVIDED  THAT  ANY  PERSON  WHO
VIOLATES SECTION SEVENTY-FIVE-G OF THIS ARTICLE SHALL BE FINED:
  (A) FIVE HUNDRED DOLLARS OR FORTY PERCENT OF THE TOTAL CONTRACT PRICE,
WHICHEVER IS GREATER, FOR THE FIRST OFFENSE;
  (B) ONE THOUSAND DOLLARS OR FORTY PERCENT OF THE TOTAL CONTRACT PRICE,
WHICHEVER IS GREATER, FOR THE SECOND OFFENSE; AND
  (C)  FIVE  THOUSAND  DOLLARS  OR  FORTY  PERCENT OF THE TOTAL CONTRACT
PRICE, WHICHEVER IS GREATER, FOR ANY SUBSEQUENT OFFENSE,  AND  WHEN  THE
PERSON  IS  OR  WAS  A DEFENDANT OR RESPONDENT IN A SEPARATE CITATION OR
LAWSUIT FILED WITH OR BY THE OFFICE, ALL TOOLS,  IMPLEMENTS,  DOCUMENTS,
MATERIALS,  OR  ANY  OTHER  PROPERTY  USED  BY  THE PERSON IN ACTIVITIES
VIOLATING SECTION SEVENTY-FIVE-G OF THIS ARTICLE  SHALL  BE  SUBJECT  TO
FORFEITURE  AS PROVIDED BY SECTION SEVENTY-SIX OF THIS ARTICLE AND SHALL
BE TURNED OVER TO THE OFFICE FOR DISPOSITION UNDER SUCH SECTION.
  4. ANY LICENSEE WHO VIOLATES, OR WHOSE EMPLOYEE VIOLATES,  SUBDIVISION
EIGHTEEN,  NINETEEN OR TWENTY OF SECTION SEVENTY-FIVE-W OF THIS ARTICLE,
SHALL BE FINED SEVENTY-FIVE DOLLARS FOR THE FIRST OFFENSE,  ONE  HUNDRED
FIFTY  DOLLARS  FOR  THE SECOND OFFENSE, AND NOT LESS THAN THREE HUNDRED
DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT  OFFENSE;
PROVIDED THAT EACH UNIT SERVICED IN VIOLATION OF SUBDIVISION EIGHTEEN OR
NINETEEN  OF SECTION SEVENTY-FIVE-W OF THIS ARTICLE AND EACH INSTANCE OF
RELEASING  CFCS  IN  VIOLATION  OF   SUBDIVISION   TWENTY   OF   SECTION
SEVENTY-FIVE-W OF THIS ARTICLE SHALL CONSTITUTE A SEPARATE OFFENSE.
  5.   ANY   PERSON   WHO   VIOLATES   SUBDIVISION   SEVEN   OF  SECTION
SEVENTY-FIVE-B, SHALL BE FINED:
  (A) FIVE THOUSAND DOLLARS OR FORTY PERCENT OF THE APPRAISED  VALUE  OF
THE  BUILDING AS DETERMINED BY THE ASSESSMENT AND TAXATION DEPARTMENT OF
THE CITY OF BUFFALO, WHICHEVER IS GREATER, FOR THE FIRST OFFENSE; AND
  (B) TEN THOUSAND DOLLARS OR FIFTY PERCENT OF THE  APPRAISED  VALUE  OF
THE  BUILDING AS DETERMINED BY THE ASSESSMENT AND TAXATION DEPARTMENT OF
THE CITY OF BUFFALO, WHICHEVER IS GREATER, FOR ANY SUBSEQUENT OFFENSES.
  S 76. FORFEITURE OF PROPERTY FOR UNLICENSED ACTIVITY. 1. IF AN INSPEC-
TOR FINDS THAT A PERSON HAS ACTED IN THE CAPACITY OF, OR ENGAGED IN  THE
BUSINESS  OF  A  CONTRACTOR  WITHIN  THIS STATE WITHOUT HAVING A CURRENT
LICENSE AS REQUIRED BY THIS ARTICLE TO SO ACT OR ENGAGE, AND THE  PERSON
IS  OR  WAS  A DEFENDANT OR RESPONDENT IN A SEPARATE VIOLATION NOTICE OR
LAWSUIT FILED WITH OR BY THE OFFICE, THE INVESTIGATOR MAY ISSUE A NOTICE
OF FORFEITURE OF PROPERTY USED BY THE PERSON IN THE UNLICENSED ACTIVITY,
AND THE PROPERTY THAT IS THE SUBJECT OF THE NOTICE OF  FORFEITURE  SHALL
BE  TURNED  OVER  TO  THE OFFICE FOR DISPOSITION IN ACCORDANCE WITH THIS
ARTICLE.
  2. EACH NOTICE OF FORFEITURE SHALL BE IN WRITING  AND  SHALL  DESCRIBE
THE  TOOLS, IMPLEMENTS, DOCUMENTS, MATERIALS, OR ANY OTHER PROPERTY USED
BY  ANY  PERSON   IN   UNLICENSED   ACTIVITY   THAT   VIOLATES   SECTION
SEVENTY-FIVE-G OF THIS ARTICLE.

S. 1210                            15

  3. THE OFFICE SHALL MAKE GOOD FAITH EFFORTS TO LOCATE AND NOTIFY WITH-
IN A REASONABLE PERIOD OF TIME ALL OWNERS OR INTEREST-HOLDERS OF PROPER-
TY SUBJECT TO A NOTICE OF FORFEITURE.
  4.  SERVICE  OF A NOTICE OF FORFEITURE ISSUED UNDER THIS SECTION SHALL
BE MADE:
  (A) IF THE NAME AND CURRENT ADDRESS OF THE UNLICENSED  PERSON,  OWNER,
OR INTEREST-HOLDER IS KNOWN:
  (I) BY PERSONAL SERVICE; OR
  (II)  BY MAILING A COPY OF THE NOTICE TO THE UNLICENSED PERSON, OWNER,
OR INTEREST-HOLDER BY CERTIFIED MAIL TO THE LAST ADDRESS ON RECORD  WITH
A STATE AGENCY; OR
  (B) IF THE ADDRESS OF THE UNLICENSED PERSON, OWNER, OR INTEREST-HOLDER
IS NOT KNOWN OR IS NOT ON RECORD WITH A STATE AGENCY, BY PUBLIC NOTICE.
  5.  AN UNLICENSED PERSON SERVED WITH A NOTICE OF FORFEITURE UNDER THIS
SECTION MAY SUBMIT A WRITTEN REQUEST TO THE  EXECUTIVE  DIRECTOR  FOR  A
HEARING:
  (A)  WITHIN TWENTY DAYS OF RECEIPT OF THE NOTICE OF FORFEITURE, IF THE
PERSON IS SERVED PERSONALLY OR BY MAIL; OR
  (B) WITHIN TWENTY DAYS OF PUBLIC NOTICE OF FORFEITURE.  IF  A  REQUEST
FOR  A  HEARING  IS  NOT  TIMELY  FILED WITH THE EXECUTIVE DIRECTOR, THE
NOTICE OF FORFEITURE SHALL BE DEEMED A  FINAL  ORDER  OF  THE  EXECUTIVE
DIRECTOR.
  6.  AN  OWNER  OR  INTEREST-HOLDER SERVED WITH A NOTICE OF FORFEITURE,
OTHER THAN THE UNLICENSED PERSON, MAY FILE A PETITION FOR  REMISSION  OF
FORFEITURE  WITH  THE  OFFICE  WITHIN TWENTY DAYS OF SERVICE BY PERSONAL
SERVICE OR MAIL, OR WITHIN TWENTY DAYS OF THE DATE OF PUBLIC NOTICE,  IF
SERVICE  IS  BY PUBLIC NOTICE. THE PETITION SHALL BE SIGNED BY THE PETI-
TIONER AND SWORN ON OATH BEFORE A NOTARY PUBLIC AND  SHALL  CONTAIN  THE
FOLLOWING:
  (A)  A  REASONABLY  COMPLETE  DESCRIPTION  OF  THE PROPERTY SUBJECT TO
FORFEITURE; AND
  (B) A STATEMENT OF THE INTEREST OF  THE  PETITIONER  IN  THE  PROPERTY
SUBJECT TO FORFEITURE, WITH SUPPORTING DOCUMENTARY EVIDENCE.
  7.  IF A PETITION FOR REMISSION OF FORFEITURE IS NOT TIMELY FILED WITH
THE EXECUTIVE DIRECTOR, THE NOTICE OF FORFEITURE SHALL BE DEEMED A FINAL
ORDER OF THE EXECUTIVE DIRECTOR.
  8. THE OFFICE SHALL REVIEW THE PETITION FOR  REMISSION  OF  FORFEITURE
AND,  IF  REMISSION IS WARRANTED, RETURN THE PROPERTY SUBJECT TO FORFEI-
TURE TO THE PETITIONER WITHIN THIRTY DAYS OF RECEIPT OF THE PETITION. IF
THE OFFICE DETERMINES THAT REMISSION IS NOT WARRANTED, THE OFFICE  SHALL
ISSUE A WRITTEN DECISION TO THE PETITIONER WITHIN THIRTY DAYS OF RECEIPT
OF THE PETITION.
  9.  A PETITIONER WHOSE PETITION FOR REMISSION HAS BEEN DENIED MAY FILE
WITH THE EXECUTIVE DIRECTOR A WRITTEN REQUEST FOR A HEARING AS  PROVIDED
UNDER  SUBDIVISIONS  TEN AND ELEVEN OF THIS SECTION. THE WRITTEN REQUEST
SHALL BE FILED WITHIN TWENTY DAYS OF RECEIPT  OF  THE  WRITTEN  DECISION
DENYING  THE  PETITION  FOR  REMISSION.  IF A REQUEST FOR HEARING IS NOT
TIMELY FILED WITH THE COMMISSIONER, THE NOTICE OF  FORFEITURE  SHALL  BE
DEEMED A FINAL ORDER OF THE EXECUTIVE DIRECTOR.
  10.  HEARINGS  SHALL BE CONDUCTED BY THE EXECUTIVE DIRECTOR OR A HEAR-
INGS OFFICER DESIGNATED BY THE EXECUTIVE DIRECTOR.  THE EXECUTIVE DIREC-
TOR OR DESIGNATED  HEARINGS  OFFICER  MAY  ISSUE  SUBPOENAS,  ADMINISTER
OATHS,  HEAR TESTIMONY, FIND FACTS, MAKE CONCLUSIONS OF LAW, AND ISSUE A
FINAL ORDER OF FORFEITURE. THE OFFICE SHALL HAVE THE BURDEN TO  SHOW  BY
CLEAR  AND  CONVINCING  EVIDENCE THAT THE PROPERTY IS SUBJECT TO FORFEI-
TURE. IN DETERMINING WHETHER THE PROPERTY IS SUBJECT TO FORFEITURE,  THE

S. 1210                            16

EXECUTIVE DIRECTOR OR HEARINGS OFFICER SHALL CONSIDER EVIDENCE OF OWNER-
SHIP, THE DESCRIPTION OF THE PROPERTY, AND ANY OTHER RELEVANT EVIDENCE.
  11.  ANY PERSON AGGRIEVED BY THE DECISION OF THE EXECUTIVE DIRECTOR OR
DESIGNATED HEARINGS OFFICER MAY COMMENCE A PROCEEDING PURSUANT TO  ARTI-
CLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  12. THE EXECUTIVE DIRECTOR MAY FILE AN ACTION IN THE SUPREME COURT FOR
A  JUDGMENT  TO ENFORCE ANY FINAL ORDER ISSUED BY THE EXECUTIVE DIRECTOR
OR DESIGNATED HEARINGS OFFICER PURSUANT  TO  THIS  SECTION.  A  JUDGMENT
ENFORCING  THE  FINAL  ORDER SHALL ISSUE UPON A SHOWING BY THE EXECUTIVE
DIRECTOR EITHER THAT NOTICE WAS GIVEN AND A HEARING WAS HELD,  OR,  THAT
THE  TIME  GRANTED  FOR  REQUESTING A HEARING HAS RUN WITHOUT THE TIMELY
FILING OF A REQUEST.
  13. THE OFFICE MAY DISPOSE OF ALL  PROPERTY  FORFEITED  IN  ACCORDANCE
WITH THIS ARTICLE BY:
  (A)  TRANSFERRING  PROPERTY  TO  ANY LOCAL OR STATE GOVERNMENT ENTITY,
MUNICIPALITY, OR LAW ENFORCEMENT AGENCY WITHIN THE STATE;
  (B) SELLING PROPERTY TO THE PUBLIC BY PUBLIC SALE; OR
  (C) USING ANY OTHER MEANS OF DISPOSITION AUTHORIZED BY LAW.
  14. FORFEITURE UNDER THIS SECTION SHALL BE SEPARATE FROM AND IN  ADDI-
TION  TO  ALL OTHER APPLICABLE REMEDIES, EITHER CIVIL OR CRIMINAL.  THIS
SECTION SHALL NOT APPLY TO THE VIOLATIONS SET FORTH IN SUBDIVISIONS  ONE
AND TWO OF SECTION SEVENTY-FIVE-Z OF THIS ARTICLE.
  15.  THE  EXECUTIVE DIRECTOR MAY ADOPT RULES AND REGULATIONS AS NECES-
SARY TO FULLY EFFECTUATE THIS SECTION.
  S 76-A. INJUNCTION. THE CONTRACTORS LICENSE BOARD MAY, IN ADDITION  TO
ANY  OTHER  REMEDIES  AVAILABLE,  APPLY  TO  A SUPREME COURT JUDGE FOR A
PRELIMINARY OR PERMANENT INJUNCTION RESTRAINING ANY PERSON FROM  ACTING,
OR  ASSUMING  TO ACT, OR ADVERTISING, AS GENERAL ENGINEERING CONTRACTOR,
GENERAL BUILDING CONTRACTOR, OR SPECIALTY CONTRACTOR, WITHOUT A  LICENSE
PREVIOUSLY  OBTAINED  UNDER  AND IN COMPLIANCE WITH THIS ARTICLE AND THE
RULES AND REGULATIONS OF THE BOARD,  AND  UPON  HEARING  AND  FOR  CAUSE
SHOWN, THE JUDGE MAY GRANT THE PRELIMINARY OR PERMANENT INJUNCTION.
  S  76-B. PAYMENT FOR GOODS AND SERVICES. 1. A CONTRACTOR SHALL PAY THE
CONTRACTOR'S SUBCONTRACTOR FOR ANY GOODS AND  SERVICES  RENDERED  WITHIN
SIXTY DAYS AFTER RECEIPT OF A PROPER STATEMENT BY THE SUBCONTRACTOR THAT
THE  GOODS  HAVE  BEEN  DELIVERED  OR  SERVICES HAVE BEEN PERFORMED. THE
SUBCONTRACTOR SHALL BE ENTITLED TO RECEIVE INTEREST ON THE UNPAID  PRIN-
CIPAL  AMOUNT  AT  THE  RATE  OF ONE PERCENT PER MONTH COMMENCING ON THE
SIXTIETH DAY FOLLOWING RECEIPT  OF  THE  STATEMENT  BY  THE  CONTRACTOR,
PROVIDED  THAT  THIS  SECTION SHALL NOT APPLY IF THE DELAY IN PAYMENT IS
DUE TO A BONA FIDE DISPUTE BETWEEN THE CONTRACTOR AND THE  SUBCONTRACTOR
CONCERNING  THE  GOODS  AND SERVICES CONTRACTED FOR. IF THERE IS NO BONA
FIDE DISPUTE BETWEEN THE SUBCONTRACTOR AND THE CONTRACTOR CONCERNING THE
GOODS OR SERVICES CONTRACTED FOR, THE SUBCONTRACTOR SHALL BE ENTITLED TO
PAYMENT FOR GOODS AND SERVICES UNDER THIS SECTION.
  2. IF PAYMENT IS CONTINGENT UPON RECEIPT OF FUNDS HELD  IN  ESCROW  OR
TRUST,  THE CONTRACTOR SHALL CLEARLY STATE THIS FACT IN THE CONTRACTOR'S
SOLICITATION OF BIDS. IF THE SOLICITATION FOR BIDS CONTAINS  THE  STATE-
MENT  THAT  THE  TIME OF PAYMENT IS CONTINGENT UPON THE RECEIPT OF FUNDS
HELD IN ESCROW OR TRUST AND A CONTRACT IS AWARDED  IN  RESPONSE  TO  THE
SOLICITATION,  INTEREST WILL NOT BEGIN TO ACCRUE UPON ANY UNPAID BALANCE
UNTIL THE SIXTIETH DAY  FOLLOWING  RECEIPT  BY  THE  CONTRACTOR  OF  THE
SUBCONTRACTOR'S  STATEMENT OR THE THIRTIETH DAY FOLLOWING RECEIPT OF THE
ESCROW OR TRUST FUNDS, WHICHEVER OCCURS LATER.

S. 1210                            17

  S 76-C. DISCLOSURE; CONTRACTS. 1. PRIOR TO ENTERING  INTO  A  CONTRACT
WITH  A  HOMEOWNER INVOLVING HOME CONSTRUCTION AND PRIOR TO THE APPLICA-
TION FOR A BUILDING PERMIT, LICENSED CONTRACTORS SHALL:
  (A) EXPLAIN VERBALLY IN DETAIL TO THE HOMEOWNER ALL LIEN RIGHTS OF ALL
PARTIES  PERFORMING  UNDER  THE  CONTRACT  INCLUDING  THE HOMEOWNER, THE
CONTRACTOR, ANY SUBCONTRACTOR OR ANY MATERIALMAN  SUPPLYING  COMMODITIES
OR LABOR ON THE PROJECT;
  (B)  EXPLAIN VERBALLY IN DETAIL THE HOMEOWNER'S OPTION TO DEMAND BOND-
ING ON THE PROJECT, HOW THE BOND WOULD PROTECT  THE  HOMEOWNER  AND  THE
APPROXIMATE EXPENSE OF THE BOND; AND
  (C)  DISCLOSE  ALL  INFORMATION  PERTAINING  TO  THE  CONTRACT AND ITS
PERFORMANCE AND ANY  OTHER  RELEVANT  INFORMATION  THAT  THE  BOARD  MAY
REQUIRE BY RULE.
  2. ALL LICENSED CONTRACTORS PERFORMING HOME CONSTRUCTION SHALL PROVIDE
A WRITTEN CONTRACT TO THE HOMEOWNER.  THE WRITTEN CONTRACT SHALL:
  (A)  CONTAIN  THE  INFORMATION  PROVIDED  IN  SUBDIVISION  ONE OF THIS
SECTION AND ANY OTHER RELEVANT INFORMATION THAT THE BOARD MAY REQUIRE BY
RULE;
  (B) CONTAIN NOTICE  OF  THE  CONTRACTOR'S  RIGHT  TO  RESOLVE  ALLEGED
CONSTRUCTION DEFECTS PRIOR TO COMMENCING ANY LITIGATION;
  (C) BE SIGNED BY THE CONTRACTOR AND THE HOMEOWNER; AND
  (D) BE EXECUTED PRIOR TO THE PERFORMANCE OF ANY HOME CONSTRUCTION.
  3.  FOR  THE  PURPOSE  OF THIS SECTION, "HOMEOWNER" MEANS THE OWNER OR
LESSEE OF RESIDENTIAL REAL PROPERTY,  INCLUDING  OWNERS  OR  LESSEES  OF
CONDOMINIUM OR COOPERATIVE UNITS.
  4.  ANY  VIOLATION OF THIS SECTION SHALL BE DEEMED AN UNFAIR OR DECEP-
TIVE PRACTICE AND SHALL BE SUBJECT TO PROVISIONS OF ARTICLE TWENTY-TWO-A
OF THE GENERAL BUSINESS LAW, AS WELL AS THE PROVISIONS OF THIS ARTICLE.
  S 76-D. FALSE STATEMENT. IT SHALL CONSTITUTE  A  MISDEMEANOR  FOR  ANY
PERSON  OR  THE PERSON'S AGENT TO FILE WITH THE BOARD ANY NOTICE, STATE-
MENT, OR OTHER DOCUMENT REQUIRED UNDER THE PROVISIONS OF  THIS  ARTICLE,
WHICH IS FALSE OR UNTRUE OR CONTAINS ANY MATERIAL MISSTATEMENT OF FACT.
  S  76-E.  DISCIPLINARY  ACTION  AGAINST LICENSEE. NOTHING CONTAINED IN
THIS ARTICLE SHALL LIMIT THE AUTHORITY OF THE BOARD TO TAKE DISCIPLINARY
ACTION AGAINST ANY LICENSEE FOR A VIOLATION OF ANY OF THE PROVISIONS  OF
THIS ARTICLE, OR OF THE RULES AND REGULATIONS OF THE CONTRACTORS LICENSE
BOARD;  NOR  SHALL  THE  REPAYMENT  IN  FULL  OF  ALL OBLIGATIONS TO THE
CONTRACTORS RECOVERY FUND BY ANY LICENSED CONTRACTOR NULLIFY  OR  MODIFY
THE  EFFECT OF ANY OTHER DISCIPLINARY PROCEEDING BROUGHT PURSUANT TO THE
PROVISIONS OF THIS ARTICLE OR  THE  RULES  AND  REGULATIONS  PROMULGATED
HEREUNDER.
  S  76-F.  APPLICABILITY  TO  CITIES WITH A POPULATION OF LESS THAN TWO
HUNDRED EIGHTY-NINE THOUSAND.   ANY CITY  WITHIN  THE  STATE  IS  HEREBY
AUTHORIZED  TO  REGULATE  CONTRACTORS  AS  SET  FORTH  IN  THIS ARTICLE,
PROVIDED THAT THE GOVERNING BOARD OF  SUCH  MUNICIPALITY,  AFTER  PUBLIC
HEARING, ADOPTS A LOCAL LAW PROVIDING THEREFOR.
  S 2. This act shall take effect January 1, 2011.