SENATE . . . . . . . . . . . . . . No. 2677
|
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
SENATE, February 10, 2022.
The committee on Consumer Protection and Professional Licensure, to whom was referred the petition (accompanied by bill, Senate, No. 175) of Cynthia Stone Creem for legislation relative to the guaranty fund for home improvement contractors, reports the accompanying bill (Senate, No. 2677).
For the committee,
Susan L. Moran
FILED ON: 1/31/2022
SENATE . . . . . . . . . . . . . . No. 2677
|
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
An Act relative to updates to the home improvement contractors registration.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 1 of Chapter 142A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the definition of “Claimant”, and inserting in place thereof the following definition:-
“Claimant”, an owner and resident of a residential building, containing at least one but not more than four dwelling units, who has entered into a construction contract with a contractor to carry out construction work on said building, or, an owner and resident of a single condominium unit in a residential building, who has entered into a construction contract with a contractor to carry out construction work on an area of said building under that owner's exclusive control, and who is making a claim against said contractor for failure of performance under said contract.
SECTION 2. Said section 1 of said chapter 142A of the General Laws, as so appearing, is hereby further amended by striking out the definition of “Owner”, and inserting in place thereof the following definition:-
“Owner”, any homeowner of a pre-existing owner-occupied building or secondary residence for non-commercial purposes, containing at least one but not more than four dwelling units, or tenant thereof, who orders, contracts for, or purchases the services of a contractor or subcontractor.
SECTION 3. Said section 1 of said chapter 142A of the General Laws, as so appearing, is hereby further amended by striking out the definition of “Residential contracting”, and inserting in place thereof the following definition:-
''Residential contracting'', the reconstruction, alteration, renovation, repair, modernization, conversion, improvement, removal, or demolition, or the construction of an addition to any pre-existing owner occupied building or secondary residence for non-commercial purposes, containing at least one but not more than four dwelling units, which building or portion thereof is used or designed to be used as a residence or dwelling unit, or to structures which are adjacent to such residence or building.
SECTION 4. Section 10 of chapter 142A of the General Laws, as so appearing, is hereby amended by striking out subsection (c), and inserting in place thereof the following:-
(c) whether the applicant has ever been previously registered in the commonwealth as a contractor or subcontractor pursuant to this chapter, whether the applicant has ever been previously registered as a contractor or subcontractor in any other state, under what other names he was previously registered, whether there have been previous judgments or arbitration awards against him in the commonwealth or any other state, whether there is money owing to the fund on account of such judgments or awards against him, and whether his registration has ever been suspended or revoked by the commonwealth or any other state.
SECTION 5. Section 13 of said chapter 142A of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following new subsection:-
(g) The director shall publish an account of registrations issued and the names of all contractors or subcontractors whose registration has been revoked, suspended or surrendered. The director shall also publish a summary of complaints, judgments or awards filed against registrants by the commonwealth or by any other state, the actions taken to investigate complaints, disciplinary hearings, disciplinary actions or revocations or suspensions, and the reasons for such actions by the director.