senate Bill S5126A

2015-2016 Legislative Session

Relates to home improvement contract provisions

download bill text pdf

Sponsored By

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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 18, 2016 print number 5126a
Mar 18, 2016 amend (t) and recommit to consumer protection
Jan 06, 2016 referred to consumer protection
May 04, 2015 referred to consumer protection

S5126 - Details

See Assembly Version of this Bill:
A7339
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§770 & 771, add 771-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3246
2019-2020: A7531

S5126 - Summary

Relates to home improvement contract provisions.

S5126 - Sponsor Memo

S5126 - Bill Text download pdf

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

                                  5126

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 4, 2015
                               ___________

Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to  home  improve-
  ment contracts

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

  Section 1. Paragraphs (d) and (e) of subdivision 3 of section  770  of
the  general business law, as amended by chapter 32 of the laws of 1989,
are amended, and three new paragraphs (f), (g) and (h) are added to read
as follows:
  (d) the sale or installation of decorative goods or services, such  as
draperies and carpets; [or]
  (e) the performance of repairs, replacements, or other services pursu-
ant  to  an  express  or implied warranty, or a maintenance agreement as
defined in section three hundred ninety-five-a of this chapter[.];
  (F) THE PERFORMANCE BY AN OWNER, FARM PROPERTY OWNER, OR THE EMPLOYEES
OF SUCH OWNER OR FARM PROPERTY OWNER OF THE REPAIR, REMODELING,  CONVER-
SION,  ALTERATION, MODERNIZATION OR EXPANSION OF THE OWNER OR FARM PROP-
ERTY OWNER'S DWELLING OR OTHER STRUCTURE ON THE OWNER'S OR FARM PROPERTY
OWNER'S PROPERTY, WITHOUT THE ASSISTANCE OF A HOME IMPROVEMENT  CONTRAC-
TOR;
  (G)  THE  PERFORMANCE OF REPAIRS, REMODELING, ALTERATIONS, CONVERSION,
MODERNIZATION OR EXPANSION, BY ANY AUTHORIZED EMPLOYEE OR REPRESENTATIVE
OF THE UNITED STATES GOVERNMENT, THE STATE OR ANY POLITICAL  SUBDIVISION
THEREOF, OF ANY GOVERNMENT PROPERTY; OR
  (H)  THE  FURNISHING OR PROVISIONS OF ANY FABRICATED OR FINISHED PROD-
UCT, MATERIAL OR ARTICLE OF MERCHANDISE THAT IS NOT INCORPORATED INTO OR
ATTACHED TO REAL PROPERTY SO AS TO BECOME  AFFIXED  TO  THE  RESIDENTIAL
PROPERTY THEREON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10615-01-5

S. 5126                             2

Co-Sponsors

view additional co-sponsors

S5126A (ACTIVE) - Details

See Assembly Version of this Bill:
A7339
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§770 & 771, add 771-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3246
2019-2020: A7531

S5126A (ACTIVE) - Summary

Relates to home improvement contract provisions.

S5126A (ACTIVE) - Sponsor Memo

S5126A (ACTIVE) - Bill Text download pdf

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

                                 5126--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 4, 2015
                               ___________

Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to  home  improve-
  ment contract provisions

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

  Section 1. Subdivision 3 of section 770 of the general business law is
amended by adding three new paragraphs (f),  (g)  and  (h)  to  read  as
follows:
  (F)  AN  OWNER  OR FARM PROPERTY OWNER WHO PHYSICALLY PERFORMS, OR HAS
EMPLOYEES WHO PERFORM REPAIRING, REMODELING,  ALTERING,  CONVERTING,  OR
MODERNIZING  OF,  OR  ADDING TO, THEIR OWN DWELLING OR ANOTHER STRUCTURE
LOCATED ON THE PROPERTY OWNED BY THE PERSON WITHOUT THE ASSISTANCE OF  A
HOME IMPROVEMENT CONTRACTOR.
  (G)  ANY  AUTHORIZED  EMPLOYEE  OR REPRESENTATIVE OF THE UNITED STATES
GOVERNMENT, THE STATE OF NEW YORK, OR ANY POLITICAL SUBDIVISION PERFORM-
ING THE REPAIRING, REMODELING, ALTERING, CONVERTING, OR MODERNIZING  OF,
OR ADDING TO, GOVERNMENT PROPERTY.
  (H) ANY PERSON WHO FURNISHES ANY FABRICATED OR FINISHED PRODUCT, MATE-
RIAL,  OR  ARTICLE  OF  MERCHANDISE  THAT  IS  NOT  INCORPORATED INTO OR
ATTACHED TO REAL PROPERTY BY THE PERSON SO AS TO BECOME AFFIXED  TO  THE
RESIDENTIAL PROPERTY.
  S  2.  Subdivision  1  of  section  771 of the general business law is
amended by adding a new paragraph (i) to read as follows:
  (I) THE NAME OF THE INSURER, TYPE OF INSURANCE COVERAGE AS REQUIRED BY
SECTION SEVEN HUNDRED SEVENTY-ONE-B OF THIS ARTICLE, AND  THE  INSURANCE
POLICY LIMITS OBTAINED BY THE HOME IMPROVEMENT CONTRACTOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10615-02-6

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