Bill Text: HI SB1274 | 2010 | Regular Session | Introduced
Bill Title: Contractors; License Requirements; Citations; Civil Penalties
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1274 Detail]
Download: Hawaii-2010-SB1274-Introduced.html
Report Title:
Contractors; License Requirements; Citations; Civil Penalties
Description:
Specifies that investigators of the contractors license board may issue citations to both nonexempt persons observed first hand and determined to be unlicensed and nonexempt persons not observed first hand but determined to be unlicensed. Specifies that persons issued cease and desist orders may not resume work until a license is obtained. Increases the flat rate fines for operating without a license.
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THE SENATE |
S.B. NO. |
1274 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CONTRACTORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 444-10.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) In addition to any other remedy
available, [the investigator may issue citations to persons acting in the
capacity of or engaging in the business of a contractor within the State,
without having a license previously obtained under and in compliance with this
chapter and the rules promulgated thereunder. If the investigator determines
that a person is acting in the capacity of, or engaging in the business of, a
contractor within this State without having a license to so act or engage, the
investigator may issue a citation to such person.] citations shall be
issued in the manner set forth in this subsection. The investigator shall
issue a citation and a cease and desist order, as provided in subsection (b), to
a person not exempt under section 444-2, whom the investigator personally
observes and determines is acting in the capacity of, or engaging in the
business of, a contractor within this State without having any license in good
standing pursuant to this chapter. Where the investigator does not personally
observe, but determines that a person not exempt under section 444-2 is acting
in the capacity of, or engaging in the business of, a contractor within this
State without having any license in good standing pursuant to this chapter, the
investigator may issue a citation to that person.
(b) Each citation shall be in writing and shall describe the basis of the citation, including the specific statutory provisions alleged to have been violated, and shall contain an order to cease and desist from the violation, and an assessment of civil penalties as provided in section 444-23. The citation shall also include notice of the sanctions for violating the cease and desist order. Upon the issuance of a citation, the person cited shall cease work immediately and shall not resume until the person cited holds the licenses required under this chapter to perform the work. All penalties collected under this section shall be deposited in the special fund established under section 26-9."
SECTION 2. Section 444-23, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Except as provided in subsections (a), (b), (d), and (e), any person who violates or fails to comply with this chapter shall be fined not less than $100 or more than $5,000 for each violation; provided that any person without any license in good standing pursuant to this chapter who violates section 444-9 shall be fined:
(1) [$500] $2,500 or forty per cent of
the total contract price, whichever is greater, for the first offense;
(2) [$1,000] $3,500 or forty per cent
of the total contract price, whichever is greater, for the second offense; and
(3) $5,000 or forty per cent of the total contract price, whichever is greater, for any subsequent offense,
and when the person is or was a defendant or respondent in a separate citation or lawsuit filed with or by the department, all tools, implements, documents, materials, or any other property used by the person in activities violating section 444‑9 shall be subject to forfeiture as provided by section 444‑23.5 and shall be turned over to the department for disposition under that section."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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