HOUSE OF REPRESENTATIVES

H.B. NO.

156

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CONTRACTORS LICENSE BOARD.

 

 

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

 


     SECTION 1.  Section 444-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Of the board members:

     (1)  Ten shall be contractors who have been actively engaged in the contracting business for a period of not less than five years preceding the date of their appointment; provided that:

          (A)  Five shall be general engineering or general building contractors; and

          (B)  Five shall be specialty contractors who do not hold general engineering nor general building contractor licenses;

     (2)  [Five shall be general engineering or building contractors, five shall be specialty contractors, and three] Three shall be noncontractors[.] who do not:

          (A)  Hold any license issued pursuant to this chapter;

          (B)  Have an immediate family member who holds any license issued pursuant to this chapter; or

          (C)  Have any financial interest in the business of a person who holds a license issued pursuant to this chapter; and

     (3)  No member shall receive any compensation for the member's services, but each shall be reimbursed for necessary traveling expenses incurred in the performance of duties."

     SECTION 2.  Section 444-4, Hawaii Revised Statutes, is amended to read as follows:

     "§444-4  Powers and duties of board.  (a)  The protection of the public shall be of the highest priority for the board in the exercise of its licensing, regulatory, and disciplinary functions.  Whenever the protection of the public is inconsistent with other interests that are sought to be promoted, the protection of the public shall take priority.

     (b)  In addition to any other powers and duties authorized by law, the board shall:

     (1)  Grant licenses, including conditional licenses, to contractors pursuant to this chapter and rules;

     (2)  Adopt, amend, or repeal such rules as the board may deem proper fully to effectuate this chapter and carry out the purpose thereof, which is the protection of the general public.  All rules shall be approved by the governor and the director, and when adopted pursuant to chapter 91, shall have the force and effect of law.  The rules may forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter.  The rules may require contractors to make reports to the board containing any items of information as will better enable the board to enforce this chapter and rules, or as will better enable the board from time to time to amend the rules more fully to effectuate the purposes of this chapter.  The rules may require contractors to furnish reports to owners containing any matters of information as the board deems necessary to promote the purpose of this chapter.  The enumeration of specific matters which may properly be made the subject of rules shall not be construed to limit the board's general power to make all rules necessary fully to effectuate the purpose of this chapter;

     (3)  Adopt rules pursuant to chapter 91 necessary to implement the provisions of this chapter relating to CFCs, including, but not limited to, procedures for the disposal of air conditioning units utilizing CFCs that include mandatory recovery and recycling of CFCs;

     (4)  Enforce this chapter and rules adopted pursuant thereto;

     (5)  Suspend or revoke any license for any cause prescribed by this chapter, or for any violation of the rules, and refuse to grant, renew, restore, or reinstate any license for any cause which would be grounds for revocation or suspension of a license;

     (6)  Publish and distribute pamphlets and circulars containing any information as the board deems proper to further the accomplishment of the purpose of this chapter;

     (7)  Contract for professional testing services to prepare, administer, and grade the examinations for applicants as may be required for the purposes of this chapter.  The board shall determine the scope and length of the examinations, whether the examinations shall be oral, written, or both, and the score that shall be deemed a passing score;

     (8)  Order summary suspension of a license; provided that summary suspensions may be delegated in accordance with section 436B-23;

     (9)  Issue informal nonbinding interpretations or declaratory rulings, and conduct contested case proceedings pursuant to chapter 91; and

    (10)  Subpoena witnesses and documents, administer oaths, receive affidavits and oral testimony, including telephonic communications."

     SECTION 3.  Each member serving on the contractors license board on the effective date of this Act shall serve until that member's current term expires.  All vacancies after the effective date of this Act shall be filled in accordance with section 1 of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Contractors License Board; Membership; Protection of the Public

 

Description:

Clarifies the qualifications for membership for the Contractors License Board.  Specifies that the Contractors License Board must prioritize the protection of the public above all other considerations when exercising its functions.

 

 

 

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