STAND. COM. REP. NO.  64-14

Honolulu, Hawaii

                , 2014

RE:   H.B. No. 1639

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 and Commerce, to which was referred H.B. No. 1639 entitled:

"A BILL FOR AN ACT RELATING TO UNLICENSED CONTRACTOR FRAUD,"

begs leave to report as follows:

The purpose of this measure is to clarify the offense of unlicensed contractor fraud by specifying that the "intent to deprive" may be formed before or after the person obtains or exerts control over the property of another.

The Department of Commerce and Consumer Affairs, the Department of the Prosecuting Attorney of the City and County of Honolulu, the Department of the Prosecuting Attorney of the County of Maui, the Office of the Prosecuting Attorney of the County of Kauai, and the Contractors License Board submitted testimony in support of this measure.

     Your Committee finds that amending the offense of unlicensed contractor fraud to specify when the "intent to deprive" may be formed clarifies the law.  This will make it easier to prove the offense and to deter this conduct.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1639 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 and Commerce,

____________________________

ANGUS L.K. McKELVEY, Chair