Bill Text: HI HB557 | 2011 | Regular Session | Introduced

Hawaii House Bill 557 (Prior Session Legislation)

Introduced

Bill Title: Construction Site Inspection Task Force

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2011-01-24 - (H) Referred to CPC, FIN, referral sheet 1 [HB557 Detail]

Download: Hawaii-2011-HB557-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	557
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CONSTRUCTION SITES.

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

SECTION 1. The legislature finds that Hawaii's economy is driven by thousands of businesses that provide essential goods, services, and jobs. However, an underground economy exists that threatens the ability of legitimate businesses to effectively compete in the marketplace. Underground business operations typically:

(1) Avoid licensing requirements;

(2) Pay wages in cash, allowing the avoidance of payroll tax, unemployment insurance, workers' compensation, disability insurance, personal income tax, and paid family leave;

(3) Employ vulnerable workers, new immigrants, and economically disadvantaged individuals;

(4) Fail to pay minimum wages required by state and federal law; and

(5) Avoid worker and workplace safety requirements.

The legislature further finds that underground business operations drive down wages, create harsh working conditions, and undercut a legitimate business' profit margins. Underground business operations are a threat to the State's economy, workforce, and consumers.

The purpose of this Act is to create a construction site inspection task force to investigate and inspect construction sites for unlicensed contractors.

SECTION 2. Chapter 444, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§444- Construction site inspection task force. (a) The director shall establish a construction site inspection task force attached to the department of commerce and consumer affairs for administrative purposes. The director, or the director's designee, shall serve as chairperson of the construction site inspection task force. The task force shall include at least two representatives from the department of commerce and consumer affairs other than the director. The task force shall also include a representative from each county permitting department.

(b) The construction site inspection task force shall:

(1) Facilitate and encourage the development and sharing of information by the participating agencies necessary to combat unlicensed contractor activity, including shared automated information database systems, the use of a common business identification number, and a centralized debt-collection system;

(2) Improve the coordination of activities among the participating agencies;

(3) Develop methods to pool, focus, and target the enforcement resources of the participating agencies to deter unlicensed contractor activity and maximize recoveries from violators of applicable laws and rules; and

(4) Reduce enforcement costs wherever possible by eliminating duplicative audits and investigations.

(1) Form joint enforcement teams to use the existing collective investigative and enforcement capabilities of the participating agencies, including inspectors appointed by the director or by participating agencies. The joint enforcement teams shall conduct site inspections on sites suspected of engaging in unlicensed contractor activity. The teams shall also conduct random site inspections to ensure compliance with existing laws;

(2) Solicit the cooperation and participation of other state and local agencies in carrying out the objectives of the task force;

(3) Establish procedures for soliciting referrals from the public, including an advertised telephone hotline;

(4) Develop procedures to permit the use of civil sanctions in lieu of criminal actions wherever possible; and

(5) Evaluate the need for statutory changes to achieve the purposes of this section, including:

(A) Eliminating barriers to interagency information sharing;

(B) Improving the ability of the participating agencies to audit, investigate, and prosecute violations;

(D) Establishing centralized, automated debt collection services for the participating agencies; and

(E) Emphasizing civil penalties instead of criminal ones whenever possible.

(d) For the purposes of this section, members of any joint enforcement team formed by the task force pursuant to subsection (c)(1) may enter at reasonable times, without prior notice, any property, public or private, for the purpose of investigating and inspecting the condition or operation of any construction site thereon.

(e) The task force shall submit an annual report to the legislature no later than twenty days before the convening of each regular session. The report shall include all of the following:

(1) The incidence of violations and noncompliance under this chapter identified, audited, investigated, or prosecuted through civil action or referred for criminal prosecution;

(2) Actions taken by the task force to publicize its activities; and

(3) Recommendations for any legislation needed to accomplish the goals described in subsection (c)(5).

(f) Beginning July 1, 2011, for every payment of fees into the compliance resolution fund pursuant to section 26-9(o) as a condition of a license issued under this chapter, the licensee shall pay to the director an additional fee of $20 that shall be deposited into a separate account in the compliance resolution fund. Payments under this subsection shall be used to fund the operations of the task force."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2011.

INTRODUCED BY:	_____________________________

Report Title:

Construction Site Inspection Task Force

Description:

Establishes a construction site inspection task force to be led by the department of commerce and consumer affairs to investigate and inspect construction sites for unlicensed contractors.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.