CONFERENCE COMMITTEE REP. NO. 59-12

 

Honolulu, Hawaii

                 , 2012

 

RE:    H.B. No. 1295

       H.D. 3

       S.D. 2

       C.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1295, H.D. 3, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO BUSINESS,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to deter unlicensed contracting activity.

 

Specifically, the measure:

 

(1)  Adds a new part to Chapter 708, Hawaii Revised Statutes, that establishes:

 

(A)  Misdemeanor and felony offenses relating to unlicensed contracting activity;

 

(B)  Felony offenses relating to unlicensed contractor fraud; and

 

(C)  A method for valuation of property in unlicensed contractor fraud cases; and

 

(2)  Amends the Uniform Professional and Vocational Licensing Act, Chapter 436B, Hawaii Revised Statutes, to clarify a provision relating to penalties for unlicensed contracting activity.

 

     Upon further consideration, your Committee on Conference has amended this measure by:

 

(1)  Clarifying that the offense of unlicensed contracting activity does not apply when the person is unlicensed only because of an inadvertent failure to renew a previously existing license;

 

(2)  Separating the offense of unlicensed contractor fraud into first and second degree offenses based upon the total value of the property obtained by commission of the fraud;

 

(3)  Changing the effective date to July 1, 2012; and

 

(4)  Making technical nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1295, H.D. 3, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1295, H.D. 3, S.D. 2, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

 

ON THE PART OF THE HOUSE

 

____________________________

CLAYTON HEE, Chair

 

____________________________

ANGUS L.K. MCKELVEY, Co-Chair

____________________________

MICHELLE KIDANI, Co-Chair

 

____________________________

GILBERT KEITH-AGARAN, Co-Chair

____________________________

ROSALYN H. BAKER, Co-Chair

 

____________________________

ROBERT N. HERKES, Co-Chair

 

 

____________________________

ISAAC W. CHOY, Co-Chair