Bills › 88th General Assembly

SF 456Died when the session ended · March 4, 2019

Relating to registration and bonding requirements for contractors, and providing criminal and civil penalties

Topics:Business & economyCourts & civil lawCrime & corrections

Where it is now

  1. Done: IntroducedMarch 4, 2019
  2. Done: SubcommitteeMarch 4, 2019
  3. Stopped: Senate committeeDied when the General Assembly ended
  4. Next: Passes the Senate
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

This bill relates to contractor registration and bonding requirements. The bill requires the labor commissioner of the division of labor services of the department of workforce development to make available on the division’s internet site a searchable database of all contractors registered under Code chapter 91C with unpaid court orders. The bill requires the labor commissioner to adopt rules to implement this requirement.6B that a contractor, prior to entering into a home improvement contract in Iowa, obtain a surety bond of $75,000.

Read the full explanation

The new bond is in addition to any other bond requirements in Code chapter 91C.16, the consumer fraud statute, regardless of whether the person has a direct cause of action under that Code section. Any person damaged in either way may sue directly on the bond and may recover actual damages, court costs, and reasonable attorney fees. The bill defines “home improvement contract” to mean any contract for the improvement or repair of existing residential property and the appurtenances of such property, as specified in the bill, but not including contracts of less than $200 in total. The bill provides that when a suit is filed, the person who sues on the bond shall notify the division of labor services, which shall maintain a public record of all suits commenced. Notification is not a precondition to filing a suit and failure to notify the division does not in any way invalidate a lawsuit. However, bond proceeds cannot be paid out to anyone who has not filed notification. The bill provides that the attorney general may also make a direct claim on a bond or bring an action in equity against the bond on behalf of the state to recover bond proceeds for persons damaged due to a contractor’s breach of contract or violation of the consumer fraud statute in connection with a home improvement contract. The attorney general’s action shall take precedence over all other claims on the bond regardless of the time of filing. The bill requires the issuer of a bond to notify the labor commissioner upon the cancellation of the bond. If a bond is canceled or otherwise ceases to be in effect, the contractor’s registration pursuant to Code chapter 91C shall be void. The failure of a contractor to have a valid bond on file as of the date of a home improvement contract makes the contract and any note or instrument of indebtedness executed or entered into in connection with the contract to the contractor voidable, and shall be a complete defense in any action based on the contract or evidence of indebtedness by the contractor of the contractor’s successors or assigns.6B is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days or a fine of at least $65 but not more than $625 or by both.16, which allows the attorney general to investigate, issue subpoenas, and commence civil proceedings seeking restraining orders or injunctions prohibiting persons from engaging in unlawful practices or seeking termination of the business affairs of a person engaging in unlawful practices. A court may also impose a civil penalty of up to $40,000 per violation against a person found to have committed an unlawful practice.

Full bill text1

Senate subcommittee

Named March 4, 2019. It hasn’t reported yet.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Iowa Code it changes

Creates§91C.5A§91C.6A§91C.6B

Amends§91C.2§91C.6§91C.7

How the Code works2

Lobbying

0 for · 0 against · 4 undecided · Who →

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