S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3246
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. BRINDISI, BLAKE, GALEF, HOOPER, HYNDMAN, LUPARDO,
   McDONALD,  MOSLEY,  OTIS,  SANTABARBARA,  SEPULVEDA, SKOUFIS, SOLAGES,
   STECK, TITONE -- Multi-Sponsored by -- M. of A. ABBATE,  COOK,  LOPEZ,
   RICHARDSON, SIMANOWITZ, SIMON -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection

 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.
   § 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.
                                                            LBD01971-01-7
              

 A. 3246                             2
 
   § 3. Section 771 of the general business  law  is  amended  by  adding
 seven new subdivisions 3, 4, 5, 6, 7, 8 and 9 to read as follows:
   3. A HOME IMPROVEMENT CONTRACTOR SHALL NOT ADVERTISE OR PROMISE TO PAY
 OR  REBATE  ALL OR ANY PORTION OF ANY INSURANCE DEDUCTIBLE AS AN INDUCE-
 MENT TO THE SALE OF GOODS OR SERVICES. AS USED IN THIS SECTION, A  PROM-
 ISE  TO  PAY  OR  REBATE INCLUDES GRANTING ANY ALLOWANCE OR OFFERING ANY
 DISCOUNT AGAINST THE FEES TO BE CHARGED OR PAYING  THE  INSURED  OR  ANY
 PERSON  DIRECTLY  OR INDIRECTLY ASSOCIATED WITH THE PROPERTY ANY FORM OF
 COMPENSATION, GIFT, PRIZE, BONUS, COUPON, CREDIT, REFERRAL FEE, OR OTHER
 ITEM OF MONETARY VALUE FOR ANY REASON.
   4. AN OWNER WHO HAS ENTERED  INTO  A  WRITTEN  CONTRACT  WITH  A  HOME
 IMPROVEMENT  CONTRACTOR  TO PROVIDE GOODS OR SERVICES TO BE PAID UNDER A
 PROPERTY AND CASUALTY INSURANCE POLICY MAY CANCEL THE  HOME  IMPROVEMENT
 CONTRACT  PRIOR  TO MIDNIGHT ON THE THIRD BUSINESS DAY AFTER THE INSURED
 PARTY HAS RECEIVED WRITTEN OR ELECTRONIC NOTICE FROM  THE  INSURER  THAT
 ALL OR ANY PART OF THE CLAIM OR CONTRACT IS NOT A COVERED LOSS UNDER THE
 INSURANCE  POLICY. CANCELLATION OCCURS WHEN WRITTEN OR ELECTRONIC NOTICE
 OF CANCELLATION IS GIVEN TO THE HOME IMPROVEMENT CONTRACTOR.  NOTICE  OF
 CANCELLATION,  IF GIVEN BY MAIL, SHALL BE DEEMED GIVEN WHEN DEPOSITED IN
 A MAILBOX PROPERLY ADDRESSED AND POSTAGE PREPAID. NOTICE OF CANCELLATION
 SHALL BE SUFFICIENT IF IT INDICATES THE INTENTION OF THE OWNER NOT TO BE
 BOUND. NOTWITHSTANDING THE FOREGOING, THIS SUBDIVISION SHALL  NOT  APPLY
 TO  A  TRANSACTION  IN WHICH THE OWNER HAS INITIATED THE CONTACT AND THE
 HOME IMPROVEMENT IS NEEDED TO MEET A BONA FIDE EMERGENCY OF  THE  OWNER,
 AND  THE OWNER FURNISHES THE HOME IMPROVEMENT CONTRACTOR WITH A SEPARATE
 DATED AND SIGNED PERSONAL STATEMENT IN THE OWNER'S HANDWRITING  DESCRIB-
 ING THE SITUATION REQUIRING IMMEDIATE REMEDY AND EXPRESSLY ACKNOWLEDGING
 AND  WAIVING  THE  RIGHT  TO CANCEL THE HOME IMPROVEMENT CONTRACT WITHIN
 THREE BUSINESS DAYS. FOR THE  PURPOSES  OF  THIS  SUBDIVISION  THE  TERM
 "OWNER" SHALL MEAN AN OWNER OR ANY REPRESENTATIVE OF AN OWNER.
   5. WITHIN TEN DAYS AFTER A CONTRACT REFERRED TO IN SUBDIVISION FOUR OF
 THIS  SECTION  HAS BEEN CANCELLED, THE HOME IMPROVEMENT CONTRACTOR SHALL
 TENDER TO THE OWNER ANY PAYMENTS, PARTIAL PAYMENTS, OR DEPOSITS MADE AND
 ANY NOTE OR OTHER  EVIDENCE  OF  INDEBTEDNESS.  IF,  HOWEVER,  THE  HOME
 IMPROVEMENT  CONTRACTOR  HAS  PERFORMED ANY EMERGENCY SERVICES, ACKNOWL-
 EDGED BY THE OWNER IN WRITING TO BE NECESSARY TO PREVENT DAMAGE  TO  THE
 PREMISES,  THE  HOME  IMPROVEMENT  CONTRACTOR  SHALL  BE ENTITLED TO THE
 REASONABLE VALUE OF SUCH SERVICES. ANY PROVISION IN A CONTRACT  REFERRED
 TO  IN SUBDIVISION FOUR OF THIS SECTION THAT REQUIRES THE PAYMENT OF ANY
 FEE FOR ANYTHING EXCEPT EMERGENCY  SERVICES  SHALL  NOT  BE  ENFORCEABLE
 AGAINST THE OWNER WHO HAS CANCELLED A CONTRACT PURSUANT TO THIS SECTION.
   6. A HOME IMPROVEMENT CONTRACTOR SHALL NOT REQUIRE AN OWNER TO PROVIDE
 A DEPOSIT OF MORE THAN ONE-HALF OF THE AGREED UPON CONSIDERATION FOR THE
 WORK  AND  MATERIALS.   IN ADDITION, A HOME IMPROVEMENT CONTRACTOR SHALL
 NOT MANDATE THAT A PARTICULAR FORM  OF  PAYMENT  BE  MADE  IN  ORDER  TO
 COMMENCE PERFORMANCE OF THE HOME IMPROVEMENT.
   7.  A  HOME  IMPROVEMENT  CONTRACTOR  SHALL  NOT  ABANDON,  OR FAIL TO
 PERFORM, WITHOUT JUSTIFICATION, ANY HOME IMPROVEMENT CONTRACT, NOR SHALL
 THE HOME IMPROVEMENT CONTRACTOR DEVIATE FROM OR DISREGARD PLANS OR SPEC-
 IFICATIONS IN ANY MATERIAL RESPECT WITHOUT THE  CONSENT  OF  THE  OWNER.
 FURTHERMORE, A HOME IMPROVEMENT CONTRACTOR SHALL ABIDE BY THE APPLICABLE
 BUILDING  CODE  FOR  THE  JURISDICTION WHERE THE RESIDENTIAL PROPERTY IS
 LOCATED.
   8. A HOME IMPROVEMENT CONTRACTOR SHALL NOT FAIL TO PAY  FOR  MATERIALS
 OR  SERVICES  RENDERED  IN  CONNECTION  WITH A HOME IMPROVEMENT CONTRACT
 WHERE THE CONTRACTOR HAS RECEIVED SUFFICIENT FUNDS AS  PAYMENT  FOR  THE

 A. 3246                             3
 
 PARTICULAR  CONTRACT FOR WHICH THE SERVICES OR MATERIAL WERE RENDERED OR
 PURCHASED.
   9.  A  HOME  IMPROVEMENT  CONTRACTOR  SHALL NOT PERFORM THE REPORTING,
 ADJUSTING, OR NEGOTIATING OF A CLAIM ON BEHALF OF THE  OWNER  AND  SHALL
 NOT  RECEIVE  COMPENSATION  FOR THE REFERRAL TO ANY ENTITY THAT REPORTS,
 ADJUSTS OR NEGOTIATES A CLAIM ON BEHALF OF AN OWNER.
   § 4. The general business law is amended by adding a new section 771-b
 to read as follows:
   § 771-B. INSURANCE REQUIREMENTS FOR HOME IMPROVEMENT CONTRACTORS. 1. A
 HOME IMPROVEMENT CONTRACTOR SHALL PROVIDE TO THE OWNER ADEQUATE PROOF OF
 INSURANCE OF THE FOLLOWING TYPES AND IN THE FOLLOWING AMOUNTS:
   (A) A CERTIFICATE OF WORKERS' COMPENSATION COVERING ALL  EMPLOYEES  OF
 THE HOME IMPROVEMENT CONTRACTOR. IF THE HOME IMPROVEMENT CONTRACTOR DOES
 NOT  HAVE  ANY EMPLOYEES, THEN THE CONTRACTOR MUST PROVIDE A CERTIFICATE
 OF ATTESTATION EXEMPTION (CE-200) FORM FROM  THE  WORKERS'  COMPENSATION
 BOARD.
   (B) CERTIFICATES OF GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE IN
 THE  AMOUNT  OF  ONE  HUNDRED THOUSAND DOLLARS PER PERSON, THREE HUNDRED
 THOUSAND DOLLARS PER OCCURRENCE FOR BODILY INJURY;  AND  FIFTY  THOUSAND
 DOLLARS PER OCCURRENCE AND IN THE AGGREGATE FOR PROPERTY DAMAGE.
   2.  THE  PROVISIONS  OF  THIS  SECTION SHALL APPLY TO HOME IMPROVEMENT
 CONTRACTS PERFORMED IN ALL POLITICAL SUBDIVISIONS THAT  DO  NOT  CONTAIN
 ANY INSURANCE REQUIREMENTS FOR SUCH CONTRACTS.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3246--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. BRINDISI, BLAKE, GALEF, HOOPER, HYNDMAN, LUPARDO,
   McDONALD,  MOSLEY,  OTIS,  SANTABARBARA,  SEPULVEDA, SKOUFIS, SOLAGES,
   STECK, TITONE, D'URSO -- Multi-Sponsored by -- M. of A. ABBATE,  COOK,
   HIKIND, LOPEZ, RICHARDSON, SIMANOWITZ, SIMON -- read once and referred
   to  the  Committee  on  Consumer  Affairs  and Protection -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend  the  general  business  law,  in  relation  to  roofing
   contract provisions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 770 of the  general  business  law  is  amended  by
 adding a new subdivision 8 to read as follows:
   8. "ROOFING CONTRACTOR" MEANS A PERSON, FIRM OR CORPORATION, INCLUDING
 BUT  NOT  LIMITED TO, A PERSON THAT IS A NONRESIDENT ROOFING CONTRACTOR,
 INDEPENDENT CONTRACTOR, DAY LABORER  OR  SUBCONTRACTOR  ENGAGED  IN  THE
 BUSINESS  OF  ROOFING, GUTTER, DOWNSPOUT OR SIDING SERVICES FOR A FEE OR
 WHO OFFERS TO ENGAGE IN OR SOLICITS ROOFING-RELATED SERVICES,  INCLUDING
 CONSTRUCTION,  INSTALLATION, RENOVATION, REPAIR, MAINTENANCE, ALTERATION
 OR WATERPROOFING. THIS DEFINITION SHALL NOT INCLUDE A PERSON ENGAGED  IN
 THE  DEMOLITION  OF A STRUCTURE OR THE CLEANUP OF CONSTRUCTION WASTE AND
 DEBRIS THAT CONTAINS ROOFING MATERIAL, NOR A PERSON ENGAGED IN  BUILDING
 A  NEW  HOME  OR  HOUSING  DEVELOPMENT.  "ROOFING  CONTRACTOR" SHALL NOT
 INCLUDE:
   (A) 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
 ROOFING CONTRACTOR.
   (B) ANY AUTHORIZED EMPLOYEE OR REPRESENTATIVE  OF  THE  UNITED  STATES
 GOVERNMENT, THE STATE OF NEW YORK, OR ANY POLITICAL SUBDIVISION PERFORM-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01971-02-7

 A. 3246--A                          2
 
 ING  THE REPAIRING, REMODELING, ALTERING, CONVERTING, OR MODERNIZING OF,
 OR ADDING TO, GOVERNMENT PROPERTY.
   § 2. The general business law is amended by adding a new section 771-b
 to read as follows:
   §  771-B.  RESPONSIBILITIES  OF  ROOFING CONTRACTORS. 1. EVERY ROOFING
 CONTRACTOR SHALL ENTER INTO A WRITTEN CONTRACT WITH AN OWNER PURSUANT TO
 ALL OF THE PROVISIONS OF SECTION SEVEN HUNDRED SEVENTY-ONE OF THIS CHAP-
 TER BEFORE ENGAGING IN THE BUSINESS OF  ROOFING,  GUTTER,  DOWNSPOUT  OR
 SIDING  SERVICES  FOR SUCH OWNER. IN ADDITION, THE CONTRACT ENTERED INTO
 UNDER THIS SECTION SHALL CONTAIN THE NAME OF THE INSURER, TYPE OF INSUR-
 ANCE COVERAGE AS REQUIRED BY SUBDIVISION NINE OF THIS SECTION,  AND  THE
 INSURANCE POLICY LIMITS OBTAINED BY THE ROOFING CONTRACTOR.
   2.  A  ROOFING  CONTRACTOR  SHALL  NOT  ADVERTISE OR PROMISE TO PAY OR
 REBATE ALL OR ANY PORTION OF ANY INSURANCE DEDUCTIBLE AS  AN  INDUCEMENT
 TO  THE SALE OF GOODS OR SERVICES. AS USED IN THIS SECTION, A PROMISE TO
 PAY OR REBATE INCLUDES GRANTING ANY ALLOWANCE OR OFFERING  ANY  DISCOUNT
 AGAINST  THE  FEES  TO  BE  CHARGED  OR PAYING THE INSURED OR ANY PERSON
 DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE PROPERTY ANY FORM OF  COMPEN-
 SATION,  GIFT, PRIZE, BONUS, COUPON, CREDIT, REFERRAL FEE, OR OTHER ITEM
 OF MONETARY VALUE FOR ANY REASON.
   3. AN OWNER WHO HAS ENTERED INTO A WRITTEN  CONTRACT  WITH  A  ROOFING
 CONTRACTOR  TO PROVIDE GOODS OR SERVICES TO BE PAID UNDER A PROPERTY AND
 CASUALTY INSURANCE POLICY MAY CANCEL THE CONTRACT PRIOR TO  MIDNIGHT  ON
 THE  THIRD  BUSINESS  DAY  AFTER  THE INSURED PARTY HAS RECEIVED WRITTEN
 NOTICE FROM THE INSURER THAT ALL OR ANY PART OF THE CLAIM OR CONTRACT IS
 NOT A COVERED LOSS UNDER THE INSURANCE POLICY.  CANCELLATION OCCURS WHEN
 WRITTEN NOTICE OF CANCELLATION  IS  GIVEN  TO  THE  ROOFING  CONTRACTOR.
 NOTICE  OF  CANCELLATION,  IF  GIVEN BY MAIL, SHALL BE DEEMED GIVEN WHEN
 DEPOSITED IN A MAILBOX PROPERLY ADDRESSED AND POSTAGE PREPAID. NOTICE OF
 CANCELLATION SHALL BE SUFFICIENT IF IT INDICATES THE  INTENTION  OF  THE
 OWNER  NOT  TO BE BOUND. NOTWITHSTANDING THE FOREGOING, THIS SUBDIVISION
 SHALL NOT APPLY TO A TRANSACTION IN WHICH THE OWNER  HAS  INITIATED  THE
 CONTACT AND THE ROOFING CONTRACT IS NEEDED TO MEET A BONA FIDE EMERGENCY
 OF  THE  OWNER,  AND  THE  OWNER FURNISHES THE ROOFING CONTRACTOR WITH A
 SEPARATE DATED AND SIGNED PERSONAL STATEMENT IN THE OWNER'S  HANDWRITING
 DESCRIBING  THE  SITUATION  REQUIRING  IMMEDIATE  REMEDY  AND  EXPRESSLY
 ACKNOWLEDGING AND WAIVING THE RIGHT TO CANCEL THE ROOFING CONTRACT WITH-
 IN THREE BUSINESS DAYS. FOR THE PURPOSES OF THIS  SUBDIVISION  THE  TERM
 "OWNER" SHALL MEAN AN OWNER OR ANY REPRESENTATIVE OF AN OWNER.
   4.  WITHIN  TEN DAYS AFTER A CONTRACT REFERRED TO IN SUBDIVISION THREE
 OF THIS SECTION HAS BEEN CANCELLED, THE ROOFING CONTRACTOR SHALL  TENDER
 TO  THE  OWNER  ANY PAYMENTS, PARTIAL PAYMENTS, OR DEPOSITS MADE AND ANY
 NOTE OR  OTHER  EVIDENCE  OF  INDEBTEDNESS.  IF,  HOWEVER,  THE  ROOFING
 CONTRACTOR  HAS  PERFORMED  ANY  EMERGENCY SERVICES, ACKNOWLEDGED BY THE
 OWNER IN WRITING TO BE NECESSARY TO PREVENT DAMAGE TO THE PREMISES,  THE
 ROOFING  CONTRACTOR  SHALL  BE  ENTITLED TO THE REASONABLE VALUE OF SUCH
 SERVICES. ANY PROVISION IN A CONTRACT REFERRED TO  IN  THIS  SUBDIVISION
 THAT  REQUIRES  THE  PAYMENT  OF  ANY  FEE FOR ANYTHING EXCEPT EMERGENCY
 SERVICES SHALL NOT BE ENFORCEABLE AGAINST THE OWNER WHO HAS CANCELLED  A
 CONTRACT PURSUANT TO THIS SECTION.
   5. A ROOFING CONTRACTOR SHALL NOT REQUIRE AN OWNER TO PROVIDE A DEPOS-
 IT  OF  MORE THAN ONE-HALF OF THE AGREED UPON CONSIDERATION FOR THE WORK
 AND MATERIALS. A ROOFING CONTRACTOR SHALL NOT MANDATE THAT A  PARTICULAR
 FORM  OF  PAYMENT  BE  MADE IN ORDER TO COMMENCE PERFORMANCE OF THE HOME
 IMPROVEMENT.

 A. 3246--A                          3
 
   6. A ROOFING CONTRACTOR SHALL NOT ABANDON, OR FAIL TO PERFORM, WITHOUT
 JUSTIFICATION, ANY ROOFING CONTRACT, NOR SHALL  THE  ROOFING  CONTRACTOR
 DEVIATE  FROM  OR  DISREGARD  PLANS  OR  SPECIFICATIONS  IN ANY MATERIAL
 RESPECT WITHOUT THE CONSENT OF THE OWNER.  A  ROOFING  CONTRACTOR  SHALL
 ABIDE  BY  THE  APPLICABLE  BUILDING CODE FOR THE JURISDICTION WHERE THE
 RESIDENTIAL PROPERTY IS LOCATED.
   7. A ROOFING CONTRACTOR  SHALL  NOT  FAIL  TO  PAY  FOR  MATERIALS  OR
 SERVICES  RENDERED  IN  CONNECTION  WITH  A  ROOFING  CONTRACT WHERE THE
 CONTRACTOR HAS RECEIVED SUFFICIENT FUNDS AS PAYMENT FOR  THE  PARTICULAR
 CONTRACT FOR WHICH THE SERVICES OR MATERIAL WERE RENDERED OR PURCHASED.
   8. A ROOFING CONTRACTOR SHALL NOT PERFORM THE REPORTING, ADJUSTING, OR
 NEGOTIATING A CLAIM ON BEHALF OF THE OWNER AND SHALL NOT RECEIVE COMPEN-
 SATION  FOR  THE REFERRAL TO ANY ENTITY THAT REPORTS, ADJUSTS OR NEGOTI-
 ATES A CLAIM ON BEHALF OF AN OWNER.
   9. (A) A ROOFING CONTRACTOR SHALL PROVIDE TO THE OWNER ADEQUATE  PROOF
 OF INSURANCE OF THE TYPES AND AMOUNTS SET FORTH IN THIS SUBDIVISION:
   (1)  A  CERTIFICATE OF WORKERS' COMPENSATION COVERING ALL EMPLOYEES OF
 THE ROOFING CONTRACTOR. IF THE ROOFING  CONTRACTOR  DOES  NOT  HAVE  ANY
 EMPLOYEES, THEN THE CONTRACTOR MUST PROVIDE A CERTIFICATE OF ATTESTATION
 EXEMPTION (CE-200) FORM FROM THE WORKERS' COMPENSATION BOARD; AND
   (2) CERTIFICATES OF GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE IN
 THE  AMOUNT  OF  ONE  HUNDRED THOUSAND DOLLARS PER PERSON, THREE HUNDRED
 THOUSAND DOLLARS PER  OCCURRENCE,  BODILY  INJURY;  AND  FIFTY  THOUSAND
 DOLLARS FOR EACH OCCURRENCE AND AGGREGATE, PROPERTY DAMAGE.
   (B)  THE  INSURANCE  REQUIREMENTS  SET FORTH IN THIS SUBDIVISION SHALL
 APPLY TO ROOFING CONTRACTS PERFORMED IN ALL POLITICAL SUBDIVISIONS  THAT
 DO NOT CONTAIN ANY INSURANCE REQUIREMENTS FOR SUCH CONTRACTS.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.