STAND. COM. REP. NO.  262-14

Honolulu, Hawaii

                , 2014

RE:   H.B. No. 2583

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 2583 entitled:

"A BILL FOR AN ACT RELATING TO ASSISTING UNLICENSED CONTRACTORS,"

begs leave to report as follows:

The purpose of this measure is to subject any licensed contractor who aids or abets an unlicensed contractor to additional discipline by the Contractors License Board.

The Department of Commerce and Consumer Affairs, Regulated Industries Complaints Office; Contractors License Board; and Subcontractors Association of Hawaii testified in support of the measure.

     Your Committee finds that pursuant to section 444-9.3, Hawaii Revised Statutes (HRS), aiding or abetting an unlicensed contractor is a misdemeanor.  Your Committee also finds that the Contractors License Board has determined that enforcement of section 444-9.3, HRS, is outside the scope of administrative proceedings, and consequently, the Regulated Industries Complaints Office has been unable to administratively prosecute violations of section 449-9.3, HRS.  By amending section 444-9.3, HRS, to make offending licensed contractors subject to additional discipline, your Committee believes that this measure will provide sufficient statutory authority to the Regulated Industries Complaints Office and the Contractors License Board to pursue disciplinary action against licensees who aid or abet unlicensed contractors.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2583 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ANGUS L.K. McKELVEY, Chair