What's happening
This bill updates licensing requirements for businesses in Westchester County, requiring plaintiffs to allege proper licensure in lawsuits.
Why it matters
Expands consumer protection. By requiring plaintiffs to state their proper business licensure in lawsuits, the bill makes it easier for courts and consumers to identify unlicensed businesses operating in Westchester County, potentially reducing fraud or substandard services.
Raises the bar for filing lawsuits. Businesses must now specifically allege and prove they had the correct license at the relevant time, which may deter unlicensed entities from pursuing legal action or recovering payments for work done without proper authorization.
Aligns Westchester with other counties. The amendment puts Westchester County on equal footing with counties like Nassau, Rockland, and Putnam, standardizing legal requirements for business licensure disclosures in consumer-related lawsuits across these regions.
Could impact business practices and enforcement. The bill may encourage stricter compliance with licensing laws among local businesses, as failure to allege licensure can lead to dismissal of their lawsuits, incentivizing proper registration and oversight.
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Who cares
Headline styles
Update Westchester License Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A3486
- Advanced to third reading
- 2nd report cal.
- 1st report cal.434
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Update Westchester Licensing Rules
Signed by Governor · Sponsor Amy Paulin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4222
2019-2020 Regular Sessions
IN SENATE
March 5, 2019
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the licensing board in the county of Westchester
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (e) of rule 3015 of the civil practice law and rules, as amended by chapter 21 of the laws of 2013, is amended to read as follows:
(e) License to do business. Where the plaintiff's cause of action against a consumer arises from the plaintiff's conduct of a business which is required by state or local law to be licensed by the department of consumer affairs of the city of New York, the Suffolk county department of consumer affairs, [the Westchester county department of consumer affairs/weight-measures,] the county of Rockland, the county of Putnam, the county of Westchester, or the Nassau county department of consumer affairs, the complaint shall allege, as part of the cause of action, that plaintiff was duly licensed at the time of services rendered and shall contain the name and number, if any, of such license and the governmental agency which issued such license. The failure of the plaintiff to comply with this subdivision will permit the defendant to move for dismissal pursuant to paragraph seven of subdivision (a) of rule thirty-two hundred eleven of this chapter.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01129-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to the licensing board in the county of Westchester
Purpose
To include all relevant professionals licensed by Westchester County in the pleadings requirements of CPLR rule 3015.
Summary of provisions
Section one of the bill amends subdivision (e) of rule 3015 of the civil practice law and rules to include professionals licensed by Westchester County under the pleading requirements relating to licenses to do busi- ness. Section two provides the effective date.
Justification
Pursuant to rule 3015 of the Civil Practice Law and Rules (CPLR), where a plaintiff brings a cause of action against a consumer arising from the plaintiff's conduct of a business, which is required by state or local law to be licensed, such plaintiff's complaint shall allege that he or she was licensed at the time the services in question were rendered. The common scenario here is a home improvement contractor as plaintiff who brings a claim against a customer to resolve a dispute. Where a consumer is sued and the contractor fails to stipulate in their complaint that he or she was licensed at the time services were rendered, CPLR rule 3015 allows the consumer to file a motion to dismiss and the case is dismissed.
In Westchester County, home improvement contractors must be licensed by the county's Consumer Affairs/Weights & Measures Department. However, the licensing structure for plumbers and electricians in the county is unique in that licenses are granted by two separate boards, the West- chester County Board of Plumbing Examiners and the Westchester Elec- trical Licensing Board. These are independent boards which are appointed by the County Executive.
Currently, CPLR rule 3015 only applies to those professionals licensed by. the Westchester Department of Consumer Affairs/Weights & Measures. Therefore, under the county's current licensing structure, the pleading requirements of CPLR rule 3015 apply to home improvement contractors, as they are licensed by the Department of Consumer Affairs/Weights & Meas- ures, but plumbers and electricians are excluded from this rule.
This legislation amends CPLR rule 3015 to include all professionals that are licensed by Westchester County, not solely those licensed by the county's Department of Consumer Affairs/Weights & Measures. Doing so will protect consumers who are sued by a plumber or electrician who fails to meet the pleading requirements set out in this section by affording them the ability to file a motion to dismiss the case. This bill will also align Westchester with the pleadings requirements set out under the current CPLR rule 3015 for counties with similar licensing structures, including Rockland and Putnam counties.
Legislative history
This is a new bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.