senate Bill S3897B

2017-2018 Legislative Session

Relates to home improvement contract provisions

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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 (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 23, 2018 print number 3897b
May 23, 2018 amend and recommit to consumer protection
Jan 03, 2018 referred to consumer protection
Jun 21, 2017 committed to rules
May 22, 2017 advanced to third reading
May 17, 2017 2nd report cal.
May 16, 2017 1st report cal.1050
Apr 04, 2017 reported and committed to finance
Mar 29, 2017 print number 3897a
Mar 29, 2017 amend and recommit to consumer protection
Jan 27, 2017 referred to consumer protection

Votes

view votes

May 16, 2017 - Finance committee Vote

S3897A
31
1
committee
31
Aye
1
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 4, 2017 - Consumer Protection committee Vote

S3897A
10
1
committee
10
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 4, 2017

nay (1)

S3897 - Details

See Assembly Version of this Bill:
A3246
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §770, add §771-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7339
2019-2020: S1405, A7531

S3897 - Summary

Relates to home improvement contract provisions.

S3897 - Sponsor Memo

S3897 - Bill Text download pdf


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

                                  3897

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 27, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- 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  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  CONTRACTORS"  MEANS  RESIDENTIAL  OWNERS AND FARMERS WHO
PERFORM THEIR OWN ROOFING IMPROVEMENT WORK AND  ANY  FEDERAL,  STATE  OR
MUNICIPAL EMPLOYEES PERFORMING ROOFING WORK.
  § 2. The general business law is amended by adding a new section 771-b
to read as follows:
  §  771-B. REQUIREMENTS AND RESPONSIBILITIES OF ROOFING CONTRACTORS. 1.
A ROOFING CONTRACTOR SHALL ENTER INTO A WRITTEN CONTRACT WITH A PROPERTY
OWNER BEFORE ENGAGING IN  ROOF  REPAIR  SERVICES.  SUCH  CONTRACT  SHALL
FOLLOW  ALL OF THE REQUIREMENTS FOR A HOME IMPROVEMENT CONTRACTOR PURSU-
ANT TO SECTION SEVEN HUNDRED SEVENTY-ONE-A OF THIS ARTICLE.
  2. ROOFING CONTRACTORS ARE PROHIBITED FROM ADVERTISING,  PROMISING  TO
PAY  OR REBATE ANY OR ALL OF AN INSURANCE DEDUCTIBLE AS AN INDUCEMENT TO
THE SALE OF ANY GOODS OR SERVICES.
  3. A HOMEOWNER HAS THE RIGHT TO CANCEL A ROOFING IMPROVEMENT  CONTRACT
WITHIN  THREE  BUSINESS  DAYS  AFTER  NOTICE FROM THEIR INSURER THAT THE
CLAIM FOR REPAIRS HAS BEEN DENIED IN WHOLE OR IN PART.
  4. AN OWNER SHALL NOT  BE  RESPONSIBLE  FOR  ANY  PAYMENTS  AFTER  THE
CONTRACT  HAS  BEEN CANCELLED EXCEPT FOR WORK DONE BEFORE SUCH CANCELLA-
TION. SUCH RIGHT SHALL NOT APPLY TO EMERGENCY REPAIRS WHERE THE WORK WAS
INITIATED BY THE OWNER TO MEET A BONA FIDE EMERGENCY OF  THE  OWNER  AND
THE  ROOFING  CONTRACTOR  IS  ENTITLED  TO  THE REASONABLE VALUE OF SUCH
REPAIRS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09369-01-7

Co-Sponsors

S3897A - Details

See Assembly Version of this Bill:
A3246
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §770, add §771-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7339
2019-2020: S1405, A7531

S3897A - Summary

Relates to home improvement contract provisions.

S3897A - Sponsor Memo

S3897A - Bill Text download pdf


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

                                 3897--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 27, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  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-
ING  THE REPAIRING, REMODELING, ALTERING, CONVERTING, OR MODERNIZING OF,
OR ADDING TO, GOVERNMENT PROPERTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09369-03-7

Co-Sponsors

S3897B (ACTIVE) - Details

See Assembly Version of this Bill:
A3246
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §770, add §771-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7339
2019-2020: S1405, A7531

S3897B (ACTIVE) - Summary

Relates to home improvement contract provisions.

S3897B (ACTIVE) - Sponsor Memo

S3897B (ACTIVE) - Bill Text download pdf


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

                                 3897--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 27, 2017
                               ___________

Introduced by Sens. CARLUCCI, KENNEDY -- read twice and ordered printed,
  and  when  printed  to  be  committed  to  the  Committee  on Consumer
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  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 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.

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