Report Title:

Contractors; Civil Penalties

Description:

Increases penalties for violation of contractors licensing law.  Effective on approval.  Takes effect January 1, 2046.  (SB203 HD1)

THE SENATE	S.B. NO.	203
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO CONTRACTORS.

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

     SECTION 1.  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 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 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on January 1, 2046.