Senate Bill S4066A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4066--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- 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, the  penal  law,  the  general
   municipal  law  and the executive law, in relation to the registration
   of home improvement contractors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known and may be cited as the "home
 improvement fraud prevention act".
   § 2. Subdivision 7 of section 770 of  the  general  business  law,  as
 added  by  chapter 32 of the laws of 1989, is amended and a new subdivi-
 sion 9 is added to read as follows:
   7. "Custom home" means a new single family residence OR A  TWO  FAMILY
 DWELLING  DESIGNED  FOR  AND OCCUPIED EXCLUSIVELY BY TWO FAMILIES LIVING
 SEPARATELY to be constructed on premises owned of record by the purchas-
 er at the time of contract, provided that such residence is intended for
 residential occupancy by such purchaser [and the  contract  of  sale  is
 entered  into on or after the first day of March, nineteen hundred nine-
 ty].
   9. "SUBCONTRACTOR" MEANS A PERSON WHO ENTERS INTO A  CONTRACT  WITH  A
 HOME  IMPROVEMENT  CONTRACTOR OR WITH A SUBCONTRACTOR OF A HOME IMPROVE-
 MENT CONTRACTOR TO FURNISH HOME IMPROVEMENT SERVICES TO THE OWNER'S REAL
 PROPERTY AND HAS NO DIRECT CONTRACT WITH THE OWNER.
   § 3. Paragraph (a) of subdivision 1 of  section  771  of  the  general
 business law, as added by chapter 421 of the laws of 1987, is amended to
 read as follows:
   (a) The  name, address, telephone number, REGISTRATION NUMBER FROM THE
 DEPARTMENT OF STATE, and license number, if applicable, of the  contrac-
 tor.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07774-02-3
              

 S. 4066--A                          2
 
   §  4.  Section  771-a of the general business law, as added by chapter
 626 of the laws of 2002, is amended to read as follows:
   §  771-a.  Responsibilities  of  home improvement contractors. No home
 improvement contractor shall engage in  any  activity,  transaction,  or
 course  of  business or pay or receive any fee, payment, money, or other
 thing of value in connection with the financing of  a  home  improvement
 contract  without fully disclosing such activity, transaction, or course
 of business and any fees, payment, or other thing of value paid or to be
 paid in connection therewith, [and] without having obtained  the  agree-
 ment in writing from all parties to the transaction to such activity and
 the  payment  therefor, AND WITHOUT OBTAINING A CERTIFICATE OF REGISTRA-
 TION FROM THE DEPARTMENT OF STATE.
   § 5. The general business law is amended by adding five  new  sections
 771-c, 771-d, 771-e, 771-f and 771-g to read as follows:
   §  771-C.  RESPONSIBILITIES  OF HOME IMPROVEMENT CONTRACTORS TO OBTAIN
 CERTIFICATES OF REGISTRATION. 1. IT SHALL BE UNLAWFUL FOR  A  PERSON  TO
 SOLICIT,  CANVASS,  SELL, PERFORM, OR OBTAIN A HOME IMPROVEMENT CONTRACT
 AS A CONTRACTOR FROM AN OWNER WITHOUT FIRST OBTAINING A  CERTIFICATE  OF
 REGISTRATION  ISSUED BY THE SECRETARY UNDER THE PROVISIONS OF THIS ARTI-
 CLE.
   2. ANY PERSON DESIRING TO BE A HOME  IMPROVEMENT  CONTRACTOR  IN  THIS
 STATE  SHALL  BE  REGISTERED  BIENNIALLY  PURSUANT TO THIS ARTICLE. SUCH
 PERSON SHALL FILE WITH THE SECRETARY  OF  STATE  AN  APPLICATION  TO  BE
 REGISTERED  AS  A  HOME  IMPROVEMENT CONTRACTOR. THE DEPARTMENT OF STATE
 SHALL EXAMINE EACH APPLICATION AND ISSUE A CERTIFICATE  OF  REGISTRATION
 IF THE FOLLOWING CRITERIA ARE SATISFIED:
   (A) THE APPLICANT IS EIGHTEEN YEARS OF AGE OR OLDER;
   (B)  THE  APPLICANT  IS  OF  GOOD MORAL CHARACTER AS DETERMINED BY THE
 SECRETARY. IN CONSIDERATION OF GOOD MORAL CHARACTER, THE  SECRETARY  MAY
 CONSIDER  WHETHER THE APPLICANT HAS: (I) BEEN CONVICTED OF A CRIME THAT,
 IN THIS STATE, IS CONSIDERED TO BE A CRIME INVOLVING MORAL TURPITUDE  OR
 IS  A  FELONY; (II) BEEN FOUND GUILTY OF FRAUD OR DECEIT IN THE PRACTICE
 OF HOME IMPROVEMENT; (III) MADE A MATERIALLY FALSE,  MISLEADING,  DECEP-
 TIVE  OR  FRAUDULENT  REPRESENTATION  IN  THE  APPLICATION  OR AS A HOME
 IMPROVEMENT CONTRACTOR IN ANY COUNTY OR STATE; (IV) A HISTORY OF CONSUM-
 ER COMPLAINTS REASONABLY RELATED TO FAILURE TO COMPLETE THEIR WORK AS  A
 HOME  IMPROVEMENT CONTRACTOR IN ANY STATE; AND (V) HAD A REGISTRATION OR
 LICENSURE AS A HOME IMPROVEMENT CONTRACTOR, OR SUBSTANTIALLY  EQUIVALENT
 REGISTRATION OR LICENSURE, SUSPENDED, REVOKED OR DENIED, OR BEEN REFUSED
 RENEWAL  OF  REGISTRATION OR LICENSURE AS A HOME IMPROVEMENT CONTRACTOR,
 IN ANY COUNTY OR STATE;
   (C) IN THE CASE OF A PERSON EITHER REGISTERED OR LICENSED  AS  A  HOME
 IMPROVEMENT  CONTRACTOR  PURSUANT  TO  A  LOCAL LAW, THE APPLICANT SHALL
 FORWARD SUCH REGISTRATION OR LICENSE TO THE SECRETARY TOGETHER WITH  ANY
 ADDITIONAL  INFORMATION  REQUIRED  BY  THE  DEPARTMENT OF STATE.   AFTER
 REVIEW OF THE REGISTRATION OR  LICENSE,  THE  SECRETARY  SHALL  ISSUE  A
 REGISTRATION  TO  SUCH APPLICANT. THE FEE FOR SUCH REGISTRATION SHALL BE
 FIFTEEN DOLLARS, WHICH MAY BE PASSED ON TO THE  REGISTERED  OR  LICENSED
 HOME  IMPROVEMENT  CONTRACTOR,  AND  SHALL  BE PAID TO THE DEPARTMENT OF
 STATE BY THE MUNICIPALITY WHICH ISSUED THE REGISTRATION  OR  LICENSE  TO
 SUCH PERSON; AND
   (D)  THE  APPLICANT  HAS  PAID  THE  APPROPRIATE FEES ACCORDING TO THE
 PROVISIONS OF THIS SECTION.
   3. AN APPLICATION FOR A CERTIFICATE OF REGISTRATION AS A HOME IMPROVE-
 MENT CONTRACTOR SHALL BE FILED WITH  THE  SECRETARY  IN  SUCH  FORM  AND
 S. 4066--A                          3
 
 DETAIL  AS  THE  SECRETARY  SHALL  PRESCRIBE, DULY SIGNED, AND VERIFIED,
 SETTING FORTH:
   (A) THE ADDRESS OF THE BUSINESS;
   (B) THE NAME AND ADDRESS OF THE OWNER OR PARTNER AND IF A CORPORATION,
 TRADE GROUP OR ASSOCIATION, THE NAMES AND ADDRESSES OF THE DIRECTORS AND
 PRINCIPAL OFFICERS;
   (C) THE TELEPHONE NUMBER OF THE BUSINESS;
   (D)  PROOF  OF  WORKERS'  COMPENSATION  INSURANCE,  DISABILITY BENEFIT
 COVERAGE AND LIABILITY AND PROPERTY DAMAGE INSURANCE IN AN AMOUNT TO  BE
 SET BY THE HOME IMPROVEMENT CONTRACT BOARD; AND
   (E) ANY FURTHER INFORMATION DEEMED NECESSARY AND PRESCRIBED BY RULE OR
 REGULATION BY THE SECRETARY, EXCEPT AS OTHERWISE PROVIDED HEREIN.
   4.  A CERTIFICATE OF REGISTRATION SHALL EXPIRE TWO YEARS FROM THE DATE
 ISSUED BY THE SECRETARY AND THE FEE FOR A  CERTIFICATE  OF  REGISTRATION
 SHALL  BE  THREE HUNDRED DOLLARS, EXCEPT AS PROVIDED IN PARAGRAPH (C) OF
 SUBDIVISION TWO OF THIS SECTION.
   § 771-D. SUSPENSION, REVOCATION OR REFUSAL TO RENEW  REGISTRATION.  1.
 THE  SECRETARY MAY SUSPEND, REVOKE OR REFUSE TO RENEW A REGISTRATION FOR
 SUBSTANTIAL VIOLATIONS OF ANY OF THE PROVISIONS OF THIS ARTICLE  OR  FOR
 ANY  CONDUCT  THAT  WOULD  HAVE JUSTIFIED DENIAL OF A REGISTRATION UNDER
 PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED  SEVENTY-ONE-C
 OF THIS ARTICLE.
   2.  THE  SECRETARY  MAY  DENY,  SUSPEND,  REVOKE  OR REFUSE TO RENEW A
 CERTIFICATE OF REGISTRATION ONLY AFTER PROPER NOTICE AND AN  OPPORTUNITY
 FOR A HEARING AS PROVIDED PURSUANT TO THE PROVISIONS OF THE STATE ADMIN-
 ISTRATIVE PROCEDURE ACT.
   §  771-E.  STATE HOME IMPROVEMENT CONTRACTOR BOARD. 1. THERE IS HEREBY
 ESTABLISHED WITHIN THE DEPARTMENT OF  STATE  A  STATE  HOME  IMPROVEMENT
 CONTRACTOR  BOARD  WHICH SHALL CONSIST OF THE SECRETARY OF STATE, SUPER-
 INTENDENT OF FINANCIAL SERVICES, AND  THIRTEEN  ADDITIONAL  MEMBERS.  AT
 LEAST  FIVE  MEMBERS SHALL BE HOME IMPROVEMENT CONTRACTORS, AT LEAST TWO
 OF WHOM SHALL HAVE MORE THAN FIFTY  PERCENT  OF  THEIR  BUSINESS  VOLUME
 REQUIRING THE ISSUANCE OF BUILDING PERMITS, EACH OF WHOM, AT THE TIME OF
 APPOINTMENT,  SHALL  BE  LICENSED  AND  QUALIFIED  AS A HOME IMPROVEMENT
 CONTRACTOR UNDER THE LAWS OF NEW YORK STATE AND SHALL HAVE BEEN  ENGAGED
 IN  THE HOME IMPROVEMENT BUSINESS IN THIS STATE FOR A PERIOD OF NOT LESS
 THAN TEN YEARS PRIOR TO APPOINTMENT.  THE  REMAINING  MEMBERS  SHALL  BE
 "PUBLIC MEMBERS" WHO SHALL NOT BE HOME IMPROVEMENT CONTRACTORS.
   2.  THE  THIRTEEN MEMBERS SHALL BE APPOINTED AS FOLLOWS: SEVEN MEMBERS
 SHALL BE APPOINTED BY THE GOVERNOR, THREE OF WHOM SHALL BE HOME IMPROVE-
 MENT CONTRACTORS AND FOUR OF WHOM SHALL BE PUBLIC MEMBERS;  TWO  MEMBERS
 SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE OF WHOM
 SHALL BE A HOME IMPROVEMENT CONTRACTOR AND ONE OF WHOM SHALL BE A PUBLIC
 MEMBER;  TWO  MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,
 ONE OF WHOM SHALL BE A HOME IMPROVEMENT CONTRACTOR AND ONE OF WHOM SHALL
 BE A PUBLIC MEMBER; ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER
 OF THE SENATE, WHO SHALL BE EITHER A HOME IMPROVEMENT  CONTRACTOR  OR  A
 PUBLIC  MEMBER; AND ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER
 OF THE ASSEMBLY, WHO SHALL BE EITHER A HOME IMPROVEMENT CONTRACTOR OR  A
 PUBLIC MEMBER.
   3.  EACH  APPOINTED MEMBER SHALL SERVE FOR A TERM OF TWO YEARS; AT ANY
 POINT DURING SUCH TERM THE APPOINTED MEMBER MAY BE REMOVED BY THE PERSON
 WHO APPOINTED SUCH MEMBER. IN THE EVENT THAT ANY MEMBERS  SHALL  DIE  OR
 RESIGN  DURING THE TERM OF OFFICE, A SUCCESSOR SHALL BE APPOINTED IN THE
 SAME WAY AND WITH THE SAME QUALIFICATIONS AS SET FORTH ABOVE.  A  MEMBER
 S. 4066--A                          4
 
 MAY  BE  REAPPOINTED FOR SUCCESSIVE TERMS BUT NO MEMBER SHALL SERVE MORE
 THAN TEN YEARS IN HIS OR HER LIFETIME.
   4.  A  MAJORITY  OF  MEMBERS  CURRENTLY  SERVING ON THE BOARD SHALL BE
 REQUIRED IN ORDER TO PASS ANY RESOLUTION OR TO APPROVE ANY MATTER BEFORE
 THE BOARD. THE SECRETARY OF STATE SHALL BE THE CHAIRPERSON OF THE BOARD.
 THE VICE-CHAIRPERSON AND A SECRETARY SHALL BE  ELECTED  FROM  AMONG  THE
 MEMBERS.  A  BOARD MEMBER WHO FAILS TO ATTEND THREE CONSECUTIVE MEETINGS
 SHALL FORFEIT HIS OR HER SEAT UNLESS THE SECRETARY OF STATE, UPON  WRIT-
 TEN  REQUEST  FROM  THE  MEMBER,  FINDS THAT THE MEMBER SHOULD HAVE BEEN
 EXCUSED FROM A MEETING BECAUSE OF ILLNESS OR DEATH OF A FAMILY MEMBER.
   5. MEMBERS OF THE BOARD  SHALL  RECEIVE  NO  COMPENSATION  OTHER  THAN
 REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES.
   6.  THE BOARD SHALL MEET NO FEWER THAN THREE TIMES PER YEAR AND AT THE
 CALL OF THE SECRETARY OF STATE OR A MAJORITY OF THE BOARD.  IN  ADDITION
 TO  REGULARLY  SCHEDULED  MEETINGS OF THE BOARD, THERE SHALL BE AT LEAST
 ONE PUBLIC HEARING EACH YEAR IN NEW YORK CITY  AND  ONE  PUBLIC  HEARING
 EACH  YEAR  IN ALBANY. AT LEAST FIFTEEN DAYS PRIOR TO THE HOLDING OF ANY
 PUBLIC HEARING PURSUANT TO THIS SUBDIVISION, THE BOARD SHALL GIVE PUBLIC
 NOTICE OF THE HEARING IN A NEWSPAPER OF GENERAL CIRCULATION IN EACH AREA
 WHERE THE PUBLIC MEETING IS TO BE HELD. THE PURPOSE  OF  THESE  HEARINGS
 SHALL  BE  TO SOLICIT FROM MEMBERS OF THE PUBLIC, SUGGESTIONS, COMMENTS,
 AND OBSERVATIONS ABOUT HOME IMPROVEMENT  CONTRACTOR  REGULATION  IN  NEW
 YORK STATE.
   §  771-F.  POWERS  AND DUTIES OF THE STATE HOME IMPROVEMENT CONTRACTOR
 BOARD. 1. THE STATE HOME IMPROVEMENT CONTRACTOR  BOARD  SHALL  HAVE  THE
 AUTHORITY TO PRESCRIBE THE CONTENT FOR COURSES OF STUDY FOR THE EXAMINA-
 TION  AND  EDUCATION OF PERSONS REGISTERED UNDER THIS ARTICLE. THE BOARD
 SHALL ADVISE THE SECRETARY OF STATE ON POLICIES GOVERNING  THE  ADMINIS-
 TRATION OF EXAMINATIONS PURSUANT TO THIS ARTICLE.
   2.  THE  BOARD SHALL ESTABLISH THE RULES AND REGULATIONS GOVERNING THE
 APPROVAL BY THE SECRETARY OF STATE OF  PROVIDERS  TO  OFFER  OR  CONDUCT
 COURSES  REQUIRED  EITHER FOR REGISTRATION UNDER THIS ARTICLE OR FOR THE
 SATISFACTION OF THE CONTINUING EDUCATION REQUIREMENTS. FOR  PURPOSES  OF
 THIS  SECTION, A "PROVIDER" MEANS A NATIONAL, STATE OR LOCAL TRADE ASSO-
 CIATION OF HOMEBUILDERS AND/OR REMODELERS  OR  OTHER  RELEVANT  TRAINING
 PROVIDERS AS APPROVED BY THE BOARD.
   3. THE BOARD SHALL SET THE AMOUNT OF WORKERS' COMPENSATION AND LIABIL-
 ITY  AND  PROPERTY  INSURANCE  TO BE MAINTAINED BY EACH SPECIFIC TYPE OF
 HOME IMPROVEMENT CONTRACTOR BASED ON THEIR SPECIFIC  CATEGORY  OF  WORK.
 ANY  WORKERS'  COMPENSATION  INSURANCE  COVERAGE  RATE  SHALL  BE SET IN
 COMPLIANCE WITH ANY OBLIGATIONS IMPOSED BY THE WORKERS' COMPENSATION LAW
 AND THE INSURANCE LAW.
   4. THE BOARD SHALL BE AUTHORIZED TO DEVELOP  A  PUBLIC  EDUCATION  AND
 OUTREACH  CAMPAIGN  VIA WRITTEN MATERIALS, BROCHURES AND THE INTERNET TO
 INFORM THE GENERAL PUBLIC OF THE HOME IMPROVEMENT FRAUD PREVENTION  ACT,
 SUBJECT TO APPROVAL BY THE SECRETARY OF STATE.
   5.  THE BOARD SHALL ADVISE AND ASSIST THE SECRETARY OF STATE IN CARRY-
 ING OUT THE PROVISIONS AND PURPOSES OF THIS ARTICLE AND MAKE RECOMMENDA-
 TIONS CONCERNING THE  PROGRAMS  AND  ACTIVITIES  OF  THE  DEPARTMENT  IN
 CONNECTION WITH THE ENFORCEMENT OF THIS ARTICLE.
   6. THE DEPARTMENT OF STATE SHALL HAVE THE POWER AND DUTY TO ADMINISTER
 AND  ENFORCE  THE  LAWS  AND  REGULATIONS OF THE STATE RELATING TO THOSE
 ACTIVITIES INVOLVING HOME IMPROVEMENT CONTRACTORS FOR WHICH REGISTRATION
 IS REQUIRED UNDER THIS ARTICLE AND TO INSTRUCT AND REQUIRE ITS AGENTS TO
 REFER PROSECUTIONS FOR UNAUTHORIZED AND UNLAWFUL PRACTICE.
 S. 4066--A                          5
 
   § 771-G. CONTINUING EDUCATION. 1. AS A PREREQUISITE TO RECERTIFICATION
 OR RENEWAL OF A HOME IMPROVEMENT CONTRACTOR REGISTRATION IN THE CASE  OF
 ANY  CONTRACTOR  WHO  APPLIES  FOR  ONE OR MORE BUILDING PERMITS, A HOME
 IMPROVEMENT CONTRACTOR AS PREVIOUSLY DESCRIBED  SHALL  PRESENT  EVIDENCE
 SATISFACTORY  TO  THE  DEPARTMENT OF HAVING MET THE CONTINUING EDUCATION
 REQUIREMENTS APPROVED BY THE HOME IMPROVEMENT CONTRACTOR BOARD  PURSUANT
 TO THIS ARTICLE.
   2.  THE  BASIC CONTINUING EDUCATION REQUIREMENT FOR RECERTIFICATION OR
 RENEWAL OF A LICENSE SHALL BE THE COMPLETION BY  THE  APPLICANT,  DURING
 THE  IMMEDIATELY  PRECEDING  TERM  OF REGISTRATION, OF NOT LESS THAN TEN
 CLASSROOM HOURS  OF  INSTRUCTION  IN  COURSES  OR  SEMINARS  WHICH  HAVE
 RECEIVED THE APPROVAL OF THE HOME IMPROVEMENT CONTRACTOR BOARD. COMPUTER
 BASED  COURSES  MAY BE APPROVED BY THE BOARD SO LONG AS PROVIDERS DEMON-
 STRATE THE ABILITY TO MONITOR  AND  VERIFY  PARTICIPATION  BY  THE  HOME
 IMPROVEMENT CONTRACTOR FOR THE SPECIFIED TIME PERIODS.
   3. A REGISTRATION AS A HOME IMPROVEMENT CONTRACTOR WHO APPLIES FOR ONE
 OR  MORE BUILDING PERMITS THAT HAS BEEN REVOKED AS A RESULT OF DISCIPLI-
 NARY ACTION BY THE DEPARTMENT SHALL NOT BE REINSTATED UNLESS THE  APPLI-
 CANT  PRESENTS  EVIDENCE  OF  COMPLETION  OF  THE  CONTINUING  EDUCATION
 REQUIRED BY THIS ARTICLE.
   § 6. Section 772 of the general business law, as added by chapter  421
 of the laws of 1987, is amended to read as follows:
   §  772. Penalty for fraud. 1. Any owner who is induced to contract for
 a home improvement, in reliance on false or fraudulent written represen-
 tations or false written statements,  may  sue  and  recover  from  such
 contractor a penalty of [five hundred] ONE THOUSAND dollars plus reason-
 able  attorney's fees, in addition to any damages sustained by the owner
 by reason of such statements or representations.  In  addition,  if  the
 court finds that the suit by the owner was without arguable legal merit,
 it may award reasonable attorney's fees to the contractor.
   2. Nothing in this article shall impair, limit, or reduce the statuto-
 ry, common law or contractual duties or liability of any contractor.
   § 7. Paragraph (d) of subdivision 2 of section 155.05 of the penal law
 is amended to read as follows:
   (d) By false promise.
   (I)  A  person  obtains  property by false promise when, pursuant to a
 scheme to defraud, he obtains property of another by means of  a  repre-
 sentation,  express  or  implied,  that he or a third person will in the
 future engage in particular conduct, and when  he  does  not  intend  to
 engage in such conduct or, as the case may be, does not believe that the
 third person intends to engage in such conduct.
   In any prosecution for larceny based upon a false promise, the defend-
 ant's  intention  or  belief that the promise would not be performed may
 not be established by or inferred from the fact alone that such  promise
 was not performed. Such a finding may be based only upon evidence estab-
 lishing that the facts and circumstances of the case are wholly consist-
 ent  with  guilty intent or belief and wholly inconsistent with innocent
 intent or belief, and excluding to a moral  certainty  every  hypothesis
 except  that  of  the  defendant's  intention or belief that the promise
 would not be performed;
   (II) SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY TO ANY  PROSE-
 CUTION  INVOLVING  A  DISASTER  RELIEF  VICTIM. A DISASTER RELIEF VICTIM
 SHALL MEAN A PERSON WHO HAS SUFFERED HARM, PROPERTY DAMAGE, OR  ECONOMIC
 LOSS  RELATED  TO  RELIEF  EFFORTS  FOR A DISASTER AS DEFINED IN SECTION
 TWENTY OF THE EXECUTIVE LAW.
 S. 4066--A                          6
 
   § 8.  Section 125 of the general municipal law, as  added  by  chapter
 439 of the laws of 1998, is amended to read as follows:
   §  125.  Issuance  of building permits. No city, town or village shall
 issue a building permit without  obtaining  from  the  permit  applicant
 either:
   1.  proof  [duly  subscribed  that workers' compensation insurance and
 disability benefits coverage issued by an insurance carrier  in  a  form
 satisfactory to the chair of the workers' compensation board as provided
 for  in  section  fifty-seven of the workers' compensation law is effec-
 tive] OF A VALID REGISTRATION PURSUANT TO ARTICLE  THIRTY-SIX-A  OF  THE
 GENERAL  BUSINESS  LAW  SO  LONG  AS SUCH REGISTRATION REQUIRES PROOF OF
 WORKERS' COMPENSATION INSURANCE AND DISABILITY COVERAGE,  AND  PROOF  OF
 LIABILITY AND PROPERTY DAMAGE INSURANCE; or
   2.  an  affidavit  that such permit applicant has not engaged AND DOES
 NOT INTEND TO ENGAGE an employer or any employees  as  those  terms  are
 defined  in  section two of the workers' compensation law to perform ANY
 work relating to such building permit.
   § 9. The executive law is amended by adding a new section 99-a to read
 as follows:
   § 99-A. CENTRAL STATE REGISTRY OF  HOME  IMPROVEMENT  CONTRACTORS.  1.
 THE  DEPARTMENT  SHALL  COLLECT  INFORMATION  FROM  MUNICIPALITIES WHICH
 REGISTER AND/OR LICENSE HOME IMPROVEMENT CONTRACTORS AND  ALSO  DIRECTLY
 FROM  HOME  IMPROVEMENT  CONTRACTORS, A REGISTRY OF ALL HOME IMPROVEMENT
 CONTRACTORS AND APPLICANTS FOR REGISTRATION CARDS  IN  THE  STATE.  SUCH
 REGISTRY  SHALL INCLUDE BUT NOT BE LIMITED TO, WITH RESPECT TO EACH HOME
 IMPROVEMENT CONTRACTOR OR APPLICANT AS THE  CASE  MAY  BE,  THEIR  NAME,
 ADDRESS,  DATE  OF BIRTH, TELEPHONE NUMBER, EMAIL ADDRESS, AND REGISTRA-
 TION AND/OR LICENSE NUMBER IF APPLICABLE, WHETHER THE FOREGOING HAS BEEN
 ISSUED, DENIED, SUSPENDED OR REVOKED OR  HAS  EXPIRED,  AND  SUCH  OTHER
 INFORMATION AS MAY IN THE DISCRETION OF THE SECRETARY BE APPROPRIATE.
   2.  ANY  MUNICIPALITY  WHICH  LICENSES  OR  REGISTERS HOME IMPROVEMENT
 CONTRACTORS SHALL PROVIDE SUCH INFORMATION AS REQUESTED BY  THE  DEPART-
 MENT OF STATE FOR PURPOSES OF THIS SECTION.
   § 10.  This act shall take effect two years after it shall have become
 a  law. Effective immediately, the addition, amendment, and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.