Bill Text: HI HCR286 | 2011 | Regular Session | Amended
Bill Title: Contractors
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2011-04-21 - (H) Resolution adopted in final form. [HCR286 Detail]
Download: Hawaii-2011-HCR286-Amended.html
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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
286 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
REQUESTING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS TO ESTABLISH A TASK FORCE TO WORK COLLABORATIVELY TO FIND WAYS TO MORE EFFECTIVELY ENFORCE THE STATE'S CIVIL AND CRIMINAL LAWS THAT MAY APPLY TO UNLICENSED CONTRACTORS.
WHEREAS, unlicensed contractors often do not possess the necessary training and experience to obtain a license and rarely maintain workers' compensation and liability insurance; and
WHEREAS, many unlicensed contractors receive or pay wages in cash, thereby avoiding unemployment, payroll, and personal tax obligations; and
WHEREAS, unlicensed contractors often operate without regard to worker and workplace safety requirements; and
WHEREAS, violations of current licensing, employment, and tax laws by an unlicensed contractor may subject the unlicensed contractor to civil and criminal penalties; and
WHEREAS, unlicensed contractors continue to engage in illegal contracting despite prior judgments, consumer restitution orders, and injunctions that prohibit continued unlicensed activity; and
WHEREAS, criminal prosecutions and forfeiture actions are underutilized as a means of enforcing laws against unlicensed activity and deterring unlicensed activity; and
WHEREAS, unlicensed contractors place consumers at
serious risk of faulty construction and financial harm and adversely impact the
legitimate and licensed business operations within the contracting industry;
and
WHEREAS, the Regulated Industries Complaints Office of the Department of
Commerce and Consumer Affairs is charged with the enforcement of the contractor
licensing laws; and
WHEREAS, the Department of Labor and Industrial Relations enforces the employment laws, including the workers' compensation insurance laws, the unemployment insurance laws, and workplace safety laws; and
WHEREAS, the Department of Taxation enforces state tax laws; and
WHEREAS, the Department of the Attorney General is the chief law enforcement agency of the State and, among other things, enforces laws; and
WHEREAS, the Department or Office of the Prosecuting Attorneys for each county is authorized to enforce the respective county's laws; and
WHEREAS, effective and collaborative civil and criminal enforcement of licensing, employment, and tax laws that may apply to unlicensed contractors promotes consumer protection and a healthy state economy; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the Senate concurring, that the Director of Commerce and Consumer Affairs is requested to establish a task force consisting of two representatives from the following state and county agencies:
(1) Regulated Industries Complaint Office of the Department of Commerce and Consumer Affairs;
(2) Department of Labor and Industrial Relations;
(3) Department of Taxation;
(4) Department of the Attorney General; and
(5) Department or Office of the Prosecuting Attorney of each of the counties,
to work collaboratively to more effectively enforce the State's civil and criminal laws that may apply to unlicensed contractors; and
BE IT FURTHER RESOLVED that the task force is specifically requested to:
(1) Develop a cohesive and collaborative enforcement strategy among the various civil, administrative, and criminal enforcement agencies; and
(2) Evaluate existing laws and, where appropriate, propose new laws or revisions to existing laws that would facilitate more effective enforcement;
and
BE IT FURTHER RESOLVED that the Director of Commerce and Consumer Affairs is requested to report the task force's findings and recommendations, together with any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2012; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Commerce and Consumer Affairs, Director of Labor and Industrial Relations, Director of Taxation, the Attorney General, and the Prosecuting Attorney of each respective county.
Contractors
