HOUSE OF REPRESENTATIVES

H.B. NO.

713

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to contractors.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 444, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§444-     Volunteer investigators; immunity from liability.  Any volunteer investigator deputized under section 444-4(11) who, in good faith, provides services pursuant to this chapter shall not be liable in any civil action for damages as a result of any acts or omissions in conducting or participating in investigations; provided the skill and care given is that ordinarily required and exercised by other persons in the profession."

     SECTION 2.  Chapter 448E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§448E-     Volunteer investigators; immunity from liability.  Any volunteer investigator deputized under section 448E-4(5), who, in good faith, provides services pursuant to this chapter shall not be liable in any civil action for damages as a result of any acts or omissions in conducting or participating in investigations; provided the skill and care given is that ordinarily required and exercised by other persons in the profession."

     SECTION 3.  Section 444-1, Hawaii Revised Statutes, is amended by amending the definition of "investigator" to read as follows:

     ""Investigator" means any person employed or deputized by the department of commerce and consumer affairs to investigate matters relating to any person who furnishes commodities or services for which a license is required from the department or any board or commission thereunder."

     SECTION 4.  Section 444-4, Hawaii Revised Statutes, is amended to read as follows:

     "§444-4  Powers and duties of board.  In addition to any other powers and duties authorized by law, the board shall:

     (1)  Grant licenses, including conditional licenses, to contractors pursuant to this chapter and rules;

     (2)  Adopt, amend, or repeal such rules as the board may deem proper fully to effectuate this chapter and carry out the purpose thereof, which is the protection of the general public.  All rules shall be approved by the governor and the director, and when adopted pursuant to chapter 91, shall have the force and effect of law.  The rules may forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter.  The rules may require contractors to make reports to the board containing any items of information as will better enable the board to enforce this chapter and rules, or as will better enable the board from time to time to amend the rules more fully to effectuate the purposes of this chapter.  The rules may require contractors to furnish reports to owners containing any matters of information as the board deems necessary to promote the purpose of this chapter.  The enumeration of specific matters which may properly be made the subject of rules shall not be construed to limit the board's general power to make all rules necessary fully to effectuate the purpose of this chapter;

     (3)  Adopt rules pursuant to chapter 91 necessary to implement the provisions of this chapter relating to CFCs, including, but not limited to, procedures for the disposal of air conditioning units utilizing CFCs that include mandatory recovery and recycling of CFCs;

     (4)  Enforce this chapter and rules adopted pursuant thereto;

     (5)  Suspend or revoke any license for any cause prescribed by this chapter, or for any violation of the rules, and refuse to grant, renew, restore, or reinstate any license for any cause which would be grounds for revocation or suspension of a license;

     (6)  Publish and distribute pamphlets and circulars containing any information as the board deems proper to further the accomplishment of the purpose of this chapter;

     (7)  Contract for professional testing services to prepare, administer, and grade the examinations for applicants as may be required for the purposes of this chapter.  The board shall determine the scope and length of the examinations, whether the examinations shall be oral, written, or both, and the score that shall be deemed a passing score;

     (8)  Order summary suspension of a license; provided that summary suspensions may be delegated in accordance with section 436B-23;

     (9)  Issue informal nonbinding interpretations or declaratory rulings, and conduct contested case proceedings pursuant to chapter 91; [and]

    (10)  Subpoena witnesses and documents, administer oaths, receive affidavits and oral testimony, including telephonic communications[.]; and

    (11)  Provide training for and deputize not less than       persons to serve as volunteer investigators."

     SECTION 5.  Section 444-9.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  At least half of all individuals performing electrical or plumbing work employed on a construction job site by an electrical or plumbing contractor shall be licensed in accordance with chapter 448E[.]; provided that all the remaining individuals are covered under section 448E-9(b), on apprentices and trainees.  [The board may waive this requirement in any county when there are insufficient licensed electrical or plumbing workers in that county to comply with this section.]"

     SECTION 6.  Section 444-10, Hawaii Revised Statutes, is amended to read as follows:

     "§444-10  Investigation [permitted.]; required.  The contractors license board [may] shall investigate, classify, and qualify applicants for contractors licenses."

     SECTION 7.  Section 444-23, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any licensee who contracts outside the appropriate scope of classification for which the licensee is licensed shall be fined [$500] $1,000 for the first offense, [$1,000] $10,000 for the second offense, and not less than [$1,500] $15,000 or more than [$2,000] $20,000 for any subsequent offense."

     SECTION 8.  Section 448E-4, Hawaii Revised Statutes, is amended to read as follows:

     "§448E-4  Powers and duties of board.  In addition to any other powers and duties authorized by law, the board shall have all the powers and duties necessary or convenient to carry out and effectuate this chapter, including but not limited to the following powers and duties:

     (1)  To grant licenses which shall be renewable for:

         (A)  Journey worker electricians;

         (B)  Journey worker specialty electricians;

         (C)  Supervising electricians;

         (D)  Supervising specialty electricians;

         (E)  Master plumbers;

         (F)  Journey worker plumbers;

         (G)  Maintenance electricians;

         (H)  Journey worker industrial electricians; and

         (I)  Supervising industrial electricians;

     (2)  To adopt, amend, or repeal rules in accordance with chapter 91 as it may deem proper to effectuate this chapter and to insure the safety and welfare of the general public; provided that the rules may forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;

     (3)  To enforce this chapter and rules adopted pursuant to this chapter and chapter 91, including the denial, suspension, or revocation of any license; [and]

     (4)  To examine all applicants and licensees to determine their qualifications prior to the issuance or renewal of licenses[.]; and

     (5)  Provide training for and deputize not less than      persons to serve as volunteer investigators."

     SECTION 9.  Section 448E-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any person who violates any provision of this chapter shall be fined not less than [$100] $     and not more than [$5,000] $       for each violation."

     SECTION 10.  There is appropriated out of the compliance resolution fund the sum of $           or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the training and deputizing of the volunteer investigators for the contractors license board and the board of electricians and plumbers.

     The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.

     SECTION 11.  The contractors license board and the board of electricians and plumbers shall submit a joint report of their findings and recommendations, including any proposed legislation, to the legislature not less than twenty days prior to the convening of the regular sessions of 2016, 2017, and 2018, on the effectiveness of the training and deputizing of the volunteer investigators under their respective jurisdictions.

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Contractors; Investigators; Appropriations

 

Description:

Requires the appropriate licensing boards to hire and train private deputies to investigate the use of unlicensed persons by contractors on construction sites.  Increases penalties for violation of scope of contracting.  Requires report.  Appropriates moneys from the compliance resolution fund.

 

 

 

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