Repealing requirement that no more than half of an electrical or plumbing contractors employees can be unlicensed.

A BILL FOR AN ACT

SECTION 1. The legislature finds that there are two conflicting laws that have an effect on the number of employees that electrical and plumbing contractors can employ. The first is found in section 444-9.5, Hawaii Revised Statutes, which requires that no more than half of an electrical or plumbing contractor's employees can be unlicensed. This law is enforced by the contractors license board under chapter 444, Hawaii Revised Statutes.

The other rule is found in section 448E-9(b), Hawaii Revised Statutes, which allows apprentices or trainees to perform electrical or plumbing work as long as they are working under the supervision of a licensed craftsman. This law is interpreted and enforced by the board of electricians and plumbers.

The legislature finds that section 444-9.5, Hawaii Revised Statutes, sets up an artificial staffing requirement that is difficult to comply with and to enforce.

Section 448E-9, Hawaii Revised Statutes, has a more flexible standard to follow in that the contractor is the person who decides what level of supervision is needed. The contractor is motivated to staff that work to the appropriately skilled craftsmen to ensure that the work is done properly because the contractor is the party that can be sued if something goes wrong.

Much of the work performed by electrical and plumbing contractors is routine, safe, and does not require extensive experience or supervision. At other times, an electrical or plumbing contractor performs work that is dangerous and requires experienced craftsman. At that time, they almost always call on their licensed craftsmen to perform the work.

The legislature is also aware of the fact that the construction industry is having a difficult time finding sufficient workers to perform the work that is needed. Section 444-9.5, Hawaii Revised Statutes, operates as an impediment to putting more apprentices and trainees to work. Therefore, the legislature concludes that section 444-9.5, Hawaii Revised Statutes, should be repealed.

SECTION 2. Section 444-9.5, Hawaii Revised Statutes, is repealed.

["[§444-9.5] Licensing of craftsmen. At least half of all craftsmen requiring licenses employed on a construction project by a specialty contractor in the trade in which the craftsman is licensed shall be licensed in accordance with and to the extent required by chapter 448E. The board may waive this requirement in any county when there are insufficient licensed craftsmen in that county to comply herewith."]

SECTION 3. Statutory material to be repealed is bracketed and stricken.

SECTION 4. This Act shall take effect upon its approval.