Bill Text: HI HB1295 | 2012 | Regular Session | Amended
Bill Title: Unlicensed Contracting Offenses
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-07-10 - (S) Act 244, 7/6/2012 (Gov. Msg. No. 1347). [HB1295 Detail]
Download: Hawaii-2012-HB1295-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1295 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 3 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BUSINESS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . UNLICENSED CONTRACTING OFFENSES
§708-A Unlicensed contracting activity. (1) A person commits the offense of unlicensed contracting activity if the person:
(a) Engages in any activity that requires a contractor's license under chapter 444 and is not a licensed contractor when engaging in the activity, other than a circumstance of first instance involving the inadvertent failure to renew a previously existing license; or
(b) Uses any word, title, or representation to induce the false belief that the person is licensed under chapter 444 to engage in contracting activity.
(2) Unlicensed contracting activity is a misdemeanor.
(3) Each day the violation of this section continues shall constitute a distinct and separate offense.
(4) It is an affirmative defense under this section that the offense consisted of unlicensed activity performed by a licensed contractor outside the scope of the contractor's license. This defense shall not preclude any administrative or civil enforcement action for the unlicensed activity.
§708-B Habitual unlicensed contracting activity; felony. (1) A person commits the offense of habitual unlicensed contracting activity if the person has had two or more convictions within ten years, preceding the time of the conduct for which the person is charged, for unlicensed contracting activity in violation of section 436B-27 or 708-A, and:
(a) Engages in any activity for which a contractor's license is required under chapter 444, and is not licensed as a contractor under chapter 444 when engaging in the activity; or
(b) Uses any word, title, or representation to induce the false belief that the person is licensed under chapter 444 to engage in contracting activity.
(2) A conviction for purposes of this section is a judgment on a verdict, a finding of guilt, or a judgment on a plea of guilty or nolo contendere. The convictions shall have occurred on separate dates and be for separate incidents on separate dates. At the time of the instant offense, the convictions shall not have been expunged by pardon, reversed, or set aside.
(3) Habitual unlicensed contracting activity is a class C felony.
(4) It is an affirmative defense under this section that the offense consisted of unlicensed activity performed by a licensed contractor outside the scope of the contractor's license. This defense shall not preclude any administrative or civil enforcement action for the unlicensed activity.
§708-C Unlicensed contractor fraud. (1) A person commits the offense of unlicensed contractor fraud if the person:
(a) Engages in any activity that requires a contractor's license under chapter 444 and is not licensed as a contractor under chapter 444 when the person engages in the activity; and
(b) With intent to defraud, engages in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person.
(2) Unlicensed contractor fraud is a class A felony if the total value of all moneys and any assets of value paid or lost by the victims pursuant to the same scheme, plan, or representation, is $100,000 or more.
(3) Unlicensed contractor fraud is a class B felony if the total value of all moneys and any assets of value paid or lost by the victims pursuant to the same scheme, plan, or representation, is $5,000 or more but less than $100,000.
(4) Unlicensed contractor fraud is a class C felony if the total value of all moneys and any assets of value paid or lost by the victims pursuant to the same scheme, plan, or representation, is less than $5,000."
SECTION 2. Section 436B-27, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any person, who engages in an
activity requiring a license issued by the licensing authority and who fails to
obtain the required license, or who uses any word, title, or representation to
induce the false belief that the person is licensed to engage in the activity,
other than a circumstance of first instance involving the inadvertent failure
to renew a previously existing license, shall be guilty of a misdemeanor [and
be subject to a fine of not more $1,000 or imprisoned not more than one year,
or both,] and each [day's violation] day of unlicensed activity
shall be deemed a separate offense."
SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2112.
Report Title:
Unlicensed Contracting Offenses
Description:
Establishes unlicensed contracting activity as a misdemeanor offense; establishes habitual unlicensed contracting activity and unlicensed contractor fraud as felonies. Requires that each day of unlicensed contracting activity be deemed a distinct and separate offense. Specifies that a licensee in a first instance involving the inadvertent failure of such licensee to renew a previously existing license shall not be penalized under the newly created offenses. Effective July 1, 2112. (HB1295 HD3)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
