THE SENATE

S.B. NO.

2977

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to unlicensed contractors.

 

 

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

 

     SECTION 1.  The legislature finds that the August 2023 wildfires on Maui caused significant property loss, including the destruction of Lahaina town.  In connection with those property losses, former Lahaina homeowners and business owners will be seeking building and repair services for damaged and destroyed property, and some may receive offers to perform these services from persons without the appropriate licensure required by state law.

     The legislature further finds that work performed by unlicensed contractors unfairly exposes Hawaii property owners to liability for poor workmanship and jobsite injuries and increases the likelihood of unlicensed contractor fraud in which an unlicensed contractor obtains payment and provides no work or incomplete work.  The legislature finds that to prevent these harms from occurring during the repairs and new construction in connection with the August 2023 Maui wildfires, or any future natural disasters, it is necessary to provide enhanced civil and criminal penalties for violating Hawaii's contractor licensing law.

     Accordingly, the purpose of this Act is to:

     (1)  Make it unlawful for an unlicensed contractor to offer or perform repairs or improvements to a residential or nonresidential structure or property, or add to or subtract from grounds in connection with the structure or property, for damage or destruction caused by a natural disaster for which a state of emergency or disaster is proclaimed by the governor; and

     (2)  Require violations to be punished by a fine of not more than $10,000, imprisonment up to one year, or both, in addition to all other remedies or penalties.

     SECTION 2.  Section 444-10.6, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Any person who violates section 444-9, in connection with the offer or performance of repairs or improvements to a residential or nonresidential structure or property, or by adding to or subtracting from grounds in connection with the structure or property, for damage or destruction caused by a natural disaster [in a political subdivision] for which a state of emergency or disaster is proclaimed by the governor, [may] shall be punished by a fine of [up to] not more than $10,000, imprisonment up to one year, or both, in addition to all other remedies or penalties."

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

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

 

INTRODUCED BY:

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Report Title:

Unlicensed Contractors; State of Emergency; Penalties

 

Description:

Makes it unlawful for an unlicensed contractor to offer or perform repairs or improvements to a residential or nonresidential structure or property, or add to or subtract from grounds in connection with the structure or property, for damage or destruction caused by a natural disaster for which a state of emergency or disaster is proclaimed by the Governor.  Requires violations to be punished by a fine of not more than $10,000, imprisonment up to one year, or both, in addition to all other remedies or penalties.

 

 

 

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