Bill Text: HI SCR135 | 2011 | Regular Session | Introduced

Hawaii Senate Concurrent Resolution 135 (Prior Session Legislation)

Introduced

Bill Title: Unlicensed Contractor Activity; Task Force

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2011-03-21 - (S) Referred to CPN/JDL. [SCR135 Detail]

Download: Hawaii-2011-SCR135-Introduced.html

THE SENATE	S.C.R. NO.	135
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

requesting the convening of a task force on enforcement of unlicensed contractor activity.

WHEREAS, unlicensed contractors generally do not possess the necessary training and experience to obtain licensure and rarely maintain workers' compensation and liability insurance as required by state law; and

WHEREAS, many unlicensed contractors receive or pay wages in cash in order to avoid unemployment insurance, payroll, and income tax obligations; and

WHEREAS, unlicensed contractors often place employees and other individuals at risk of serious injury by operating without regard to the worker and workplace safety requirements of state and federal law; and

WHEREAS, unlicensed contractors place consumers at serious risk of personal injury, property damage, and financial loss due to faulty construction; and

WHEREAS, unlicensed contractors adversely impact legitimate and licensed business operations within the contracting industry; and

WHEREAS, the Regulated Industries Complaints Office of the Department of Commerce and Consumer Affairs is charged with enforcing the State's contractor licensing laws; and

WHEREAS, the Department of Labor and Industrial Relations is charged with enforcing the State's employment laws, including workers' compensation insurance laws, unemployment insurance laws, and workplace safety laws; and

WHEREAS, the Department of Taxation is charged with enforcing the State's tax laws; and

WHEREAS, the building departments of the various counties are charged with regulating the construction planning and permitting process; and

WHEREAS, violations of current licensing, employment, tax, and county laws by an unlicensed contractor are punishable through the imposition of civil and criminal penalties that are often very difficult to enforce on unlicensed entities; and

WHEREAS, effective and collaborative enforcement of licensing, employment, tax, and county laws relating to contractor licensing promotes consumer protection as well as a healthy construction industry; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the House of Representatives concurring, that the agencies charged with enforcement of the various state laws relating to unlicensed contractor activity are requested to work collaboratively to more effectively enforce unlicensed contracting laws; and

BE IT FURTHER RESOLVED that the Department of Commerce and Consumer Affairs is requested to convene a task force chaired by the Director of Commerce and Consumer Affairs or the Director's designee and including two representatives each from the Department of the Attorney General, Department of Commerce and Consumer Affairs, Disability Compensation Division of the Department of Labor and Industrial Relations, Occupational Safety and Health Division of the Department of Labor and Industrial Relations, Unemployment Insurance Division of the Department of Labor and Industrial Relations, Department of Taxation, and three representatives of the contracting industry to develop collaborative enforcement strategies among the various state and county agencies charged with enforcing various aspects of contractor licensing requirements; and

BE IT FURTHER RESOLVED that the task force is requested to review the currently available sanctions for violations of contractor licensing requirements and to make recommendations for additional sanctions, including criminal sanctions, if warranted; and

BE IT FURTHER RESOLVED that the task force is requested to invite a representative from each county construction permitting department to participate in the task force; and

BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2012; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Commerce and Consumer Affairs, Director of Labor and Industrial Relations, Director of Taxation, and Attorney General.