S0100B2428A09590       MSP:BTW 10/02/08    #90             A09590
                       AMENDMENTS TO SENATE BILL NO. 100
                                    Sponsor:  REPRESENTATIVE ELLIS
                                           Printer's No. 2428

     1       Amend Sec. 9, page 22, line 16, by striking out all of said
     2    line and inserting
     3           (10)  (i)  Except as provided under subparagraph (ii),
     4           for a home improvement contract in which the total

     5       Amend Sec. 9, page 22, line 18, by striking out all of said
     6    line and inserting
     7                   (A)  one-third of the home improvement contract

     8       Amend Sec. 9, page 22, line 20, by striking out all of said
     9    line and inserting
    10                   (B)  one-third of the home improvement contract

    11       Amend Sec. 9, page 22, by inserting between lines 22 and 23
    12               (ii)  The provisions of this paragraph shall not
    13           apply to a home improvement retailer having a net worth
    14           of more than $50,000,000 in which the total home
    15           improvement contract price is paid. The following shall
    16           apply:
    17                   (A)  Upon notification by the owner that the home
    18               improvement contract has been fulfilled, the home
    19               improvement retailer may make payment to the
    20               contractor.
    21                   (B)  Upon written notification by the owner that
    22               the home improvement contract has not been fulfilled,
    23               the following shall apply:
    24                       (I) The home improvement retailer shall
    25                   resolve the dispute within 30 days of receipt of
    26                   the notification under clause (B).
    27                       (II)  If the home improvement retailer fails
    28                   to resolve the dispute within 30 days of receipt
    29                   of the notification under clause (B) and upon
    30                   judgment against the home improvement retailer by
    31                   a court of competent jurisdiction the owner
    32                   shall, in addition to any civil penalties
    33                   provided for under this act, be awarded court
    34                   costs, applicable attorney fees and treble

     1                   damages.




















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