BILL AS INTRODUCED AND PASSED BY SENATE S.183 Page 1 of 78 S.183 AnIntroduced act relating to home improvement and land improvement fraud It is hereby enacted by theSenator GeneralNorris AssemblyReferred ofto theCommittee Stateon ofJudiciary Vermont:Date:

January 6, 2026 Subject:

Crimes;

home improvement and land improvement fraud Statement of purpose of bill as introduced:

This bill proposes to require that a person knowingly intends to defraud a client with whom the person has entered into a contract or agreement for home or land improvement.

An act relating to home improvement and land improvement fraud It is hereby enacted by the General Assembly of the State of Vermont:

§§ 2029 2029 is amended to read:

BILL AS INTRODUCED AND PASSED BY SENATE S.183 Page 2 of 8 (2)(A) “Land improvement” means:

§§ 2602, 2602, including the construction of trails, roads, and structures associated VT LEG #387880 v.1 AS PASSED BY SENATE S.183 Page 2 of 7 with forestry operations and the transportation off-site of trees, shrubs, or timber.

(b) A person commits the offense of home improvement or land improvement fraud when the person knowingly enters into a contract,contract or agreement, or change order, written or oral, for $1,000.00 or more, with an owner for home improvement or land improvement, or into several contracts,contracts or agreements,agreements orfor changeBILL ordersAS forINTRODUCED AND PASSED BY SENATE S.183 Page 3 of 8 $2,500.00 or more in the aggregate, with more than one owner for home improvement or land improvement, and the person knowingly:

VT LEG #387880 v.1 AS PASSED BY SENATE S.183 Page 3 of 7 (2) misrepresents a material fact relating to the terms of the contract,contract or agreement,agreement or change order or to the condition of any portion of the property involved;

(3) uses or employs any unfair or deceptive act or practice in order to induce, encourage, or solicit such person to enter into any contract or agreement or to modify the terms of the original contract or agreement;

or (4) when there is a declared state of emergency, charges for goods or services related to the emergency a price that exceeds two times the average price for the goods or services and the increase is not attributable to the additional costs incurred in connection with providing those goods or services.

(b) A person commits the offense of home improvement or land improvement fraud when the person knowingly enters into a contract, or BILL AS INTRODUCED AND PASSED BY SENATE S.183 Page 4 of 8 agreement, or change order, written or oral, for $1,000.00 or more, with an owner for home improvement or land improvement, or into several contracts, or agreements, or change orders for $2,500.00 or more in the aggregate, with more than one owner for home improvement or land improvement, and the person knowingly:

(1)(A) fails to perform the contract or agreement, in whole or in part;

and (B) when the owner requests performance, payment, or a refund of payment made, the person fails to either:

(i) refund the payment;

(ii) make and comply with a definite plan for completion of the work that is agreed to by the owner;

or (iii) make the payment promises performance that the person does not intend to perform or knows will not be performed, in whole or in part;

(2) misrepresents a material fact relating to the terms of the contract, or agreement, or change order or to the condition of any portion of the property involved;

and (3) the Office of the Attorney General shall place the person’s name on the Home Improvement and Land Improvement Fraud Registry and shall BILL AS INTRODUCED AND PASSED BY SENATE S.183 Page 5 of 8 include on the Registry whether the person has notified the Office of Attorney General under subdivision (e)(1) of this section that they have filed a surety bond or an irrevocable letter of credit.

VT LEG #387880 v.1 AS PASSED BY SENATE S.183 Page 4 of 7 (d)(1) A person who violates subsection (b) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both, if the loss to a single consumer is less than $1,500.00.

BILL AS INTRODUCED AND PASSED BY SENATE S.183 Page 6 of 8 (e)(1) A person who is sentenced pursuant to subdivision (d)(2), (3), or (4) of this section, or convicted of fraudulent acts related to home improvement or VT LEG #387880 v.1 AS PASSED BY SENATE S.183 Page 5 of 7 land improvement, may engage in home improvement or land improvement activities for compensation only if:

BILL AS INTRODUCED AND PASSED BY SENATE S.183 Page 7 of 8 (2) As used in this subsection:

VT LEG #387880 v.1 AS PASSED BY SENATE S.183 Page 6 of 7 (B) “Family member” means a spouse, child, sibling, parent, next of kin, domestic partner, or legal guardian.

(g) A person convicted of home improvement or land improvement fraud is prohibited from applying for or receiving State grants or from contracting, directly or indirectly, with the State or any of its subdivisions for a period of BILL AS INTRODUCED AND PASSED BY SENATE S.183 Page 8 of 8 up to three years following the date of the conviction, as determined by the Commissioner of Buildings and General Services.

(h) A person subject to the financial surety requirements of section 3605 of this title for timber trespass shall not engage in land improvement activities VT LEG #387880 v.1 AS PASSED BY SENATE S.183 Page 7 of 7 unless the person has satisfied the financial surety requirements for timber trespass.

VT LEG #387880 v.1