Roofing contractors.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0110

HOUSE BILL
NO.
HB0045

Roofing contractors.

Sponsored by:
Representative(s) Illoway, Esquibel, K., Lubnau, Patton and Zwonitzer, Dn. and Senator(s) Anderson, Emerich and Esquibel, F.

A BILL

for

AN ACT relating to consumer protection; providing disclosure requirements for roofing solicitations, roofing proposals and roofing repair contracts; providing for cancellation of roofing contracts; providing
remedies
; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 40
‑
12
‑
601 through 40
‑
12
‑
606 are created to read:

ARTICLE 6
ROOFING C
ONTRACTS

40
‑
12
‑
601.

Definitions.

(a)

As used in this article:

(i)

"Nonresident
roofing
contractor" means any
roofing
contractor or subcontractor who has not established and maintained a
physical office
as a roofing contractor in this state within the preceding year or who claims residency in another state
;

(ii)

"Roofing contractor"
means a person or entity in the business of contracting or offering to contract with an owner or possessor of residential real estate to repair or replace roof systems.

40
‑
12
‑
602.

Requirements for roofing solicitations and advertisements.

(a)

An
individual or company
contacting anyone for the purposes
of soliciting roofing services, including general advertisements for such services,

shall
disclose the following informati
on to the consumer:

(i)

The business name;

(ii)

Beginning July 1, 2013, t
he contractor license or re
gistration number for any jurisdiction
in which
he
hold
s
a contractor
’
s license
on all contracts, bids and advertisements involving roofing services; and

(iii)

If the individual
or company
ma
king the solicitation is a non
resident
roofing contractor,
he shall
disclose that fact,
as well as
the name and address of the company on behalf of which
he is acting.

(b)

Roofing contractors soliciting roofing services in this state shall not:

(i)

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, including granting any allowance or offering any discount against the fees to be charged or paying any compensation directly or indirectly to any person associated with the property
;

(ii)

Accept money or any form of compensation in exchange for allowing another contractor to use its business name or contractor’s license number
;

(iii)

Represent, offer to represent, or advertise to represent a homeowner with respect to any insurance claim in connection with roofing services; or

(iv)

Claim to be, or act as, an adjuster as defined in W.S. 26
‑
1
‑
102(a)(i) or an insurance consultant as defined in W.S. 26
‑
9
‑
220
,
with respect to any insurance claim.

40
‑
12
‑
603.

Disclosure requirements for roofing proposals.

(a)

An individual or company
who
prepares a repair
proposal
for roofing services in anticipation
entering into a roofing contract shall

disclose
the following informatio
n to the consumer
:

(i)

A precise description and location of all damage claimed or
included in the repair proposal;

(ii)

A detailed description and itemization of any emerg
ency repairs already completed; and

(iii)

If damaged areas are not included
in
the repair
proposal
, a specification of those areas and any reason for their exclusion from the repair
proposal.

(b)

The
disclosures required under subsection (a) of this section shall
be made in writing
and shall be
included
in
the repair
proposal.

40
‑
12
‑
604.

Disclosure requirements for roofing repair contracts.

(a)

Any contract for roofing repairs shall include
all of
the following:

(i)

A copy of a repair
proposal
that contains the disclosures
required under W.S. 40
‑
12
‑
603(a); and

(ii)

A disclosur
e that the consumer
is responsible for payment for any work performed if the insurer should deny payment or coverage
of
any part of the loss.

40
‑
12
‑
605.

Roofing contracts; right to cancel.

(a)

A person who has entered into a written contract with a contractor to provide roofing goods and services has the right to cancel the contract within
five (5) business days

of the date in which the contract was entered into or
,
if the services are

to be paid
directly by or on behalf of the consumer
from the proceeds of a property or casualty insurance policy
within five (5) business days
after the
consumer
has received notice in writing from the insurer that the claim has been denied, in whole or in part
, whichever is later.

Cancellation is evidenced by the
cons
umer
giving written notice of cancellation to the contractor at the address stated in the contract.

Notice of cancellation
may be in electronic form effective the date of the electronic transmission or
, if given by mail, is eff
ective upon postmark
, properly addressed to the contractor and postage prepaid.
Written notice also may be given to the contractor by personal delivery.
Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the
consumer
n
ot to be bound by the contract.

(b)

Before entering a contract referred to in
subsection (a) of this section
, the contractor
shall:

(i)

Furnish the
consumer
with a statement in boldface type of a minimum size of ten
(10)
points, in substantially the following form: "You may cancel this contract at any time within
five
(5)

business days
of the date in which the contract was entered into or within five (5) business days
after you have been notified that your insurer has
,
in whole or
in
part, denied your claim to pay for the goods and services to be provided under this contract
, whichever is later
. See attached notice of cancellation form for an explanation of this right
.”
; and

(ii)

F
urnish each
consumer
a fully completed form captioned, "NOTICE OF CANCELLATION," which shall be attached to
or accompany
the contract and which shall contain in boldface type of a minimum size of ten
(10)
points the following information and statements:

"NOTICE
OF CANCELLATION

You may cancel this contract within five (5) business days from when it is entered into for any reason or, if your insurer
in whole or in part denies your claim to pay for goods and services to be provided under this contract, you
may cancel the contract by mailing or delivering
(including via electronic transmission)
a signed and dated copy of this cancellation notice or any other written notice
-
to (name of contractor) at (address of contractor's place of business
, e-mail address and facsimile number if applicable
) at any time within
five (5)
business days
of the date in which the contract was entered into or within five (5) business days
after you have been notified that your claim has been denied
, whichever is later
. If you cancel, any payments made by you under the contract will be returned within ten
(10)
business days following receipt by the contractor of your cancellation notice.

I HEREBY CANCEL THIS TRANSACTION.
.....
(date)
.....
(
Consumer
's signature)"

(c)

Within ten
(10)
days after a contract referred to in
subsection (a) of this section
has been canceled, the contractor
shall
tender to the
consumer
any payments made by the
consumer
and any note or other evidence of indebtedness.
I
f the contractor has performed any emergency
services, the contractor is entitled to
sepa
rately bill the consumer
for
such services
if
the
consumer
has received a detailed description and itemization of charges for those services.

40
‑
12
‑
606.

Private remedies.

Any person who violates this article shall be subject to the remedy provisions relating to unlawful trade practices provided in W.S. 40
‑
12
‑
108 and 40
‑
12
‑
109.

Section 2.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0045