2015 -- H 5870

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LC001017

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS – CONTRACTORS' REGISTRATION

AND LICENSING BOARD

     

     Introduced By: Representatives Canario, Edwards, Solomon, Gallison, and Abney

     Date Introduced: March 12, 2015

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-65-19 of the General Laws in Chapter 5-65 entitled "Contractors'

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Registration and Licensing Board" is hereby amended to read as follows:

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     5-65-19. Penalty for operating without a registration -- Failure to comply with a

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final order of the board -- Repeat offense a felony. -- (a) Any person who violates a final order

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of the board, or fails to register as a contractor as stipulated, and adjudged in a final order issued

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by the board, upon proper written notification, is deemed guilty of a misdemeanor, and, upon

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conviction, shall be imprisoned for a term not exceeding one year, or fined not more than five

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thousand dollars ($5,000) for a first offense and not more than ten thousand dollars ($10,000) for

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a second and/or subsequent offense(s) each.

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     (b) Any person who violates a final order of the board where the monetary total of the

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order including, but not limited to, the monetary judgment and/or fines, is not more than five

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thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor,

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and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than

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one thousand dollars ($1,000), or both.

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     (c) Any person who violates a final order of the board where the monetary total of the

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order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars

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($5,000) or more, upon written notification, is deemed guilty of a felony, and, upon conviction,

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shall be imprisoned for a term not exceeding ten (10) years, fined not more than ten thousand

 

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dollars ($10,000), or both.

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     (b)(d) A final order shall be considered delivered when served to a defendant or

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designated agent to accept service. In addition to any sentence or fine imposed by the court under

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subsection (a) subsections (a), (b), and (c) of this section, the court may shall order a defendant to

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comply with any outstanding final order of the board, including any monetary judgment, and/or

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and to pay to the board any outstanding fine or fines previously imposed by the board pursuant to

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this chapter.

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      (c)(e) If a contractor is a repeat offender with violations of three (3) or more final orders

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of the board with respect to three (3) separate contracts executed by three (3) separate

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individuals/aggrieved parties and said violations are filed within a twenty-four (24) month period,

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the violation shall be prosecuted as a felony and upon conviction the violator shall be subject to

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imprisonment for a term not to exceed five (5) ten (10) years or fined not more than ten thousand

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dollars ($10,000).

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     SECTION 2. Section 5-65.1-13 of the General Laws in Chapter 5-65.1 entitled "Home

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Inspectors" is hereby amended to read as follows:

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     5-65.1-13. Violations -- Penalties. – (a) Any person who operates as a home inspector

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without a license as adjudged in a final order issued by the board, upon proper written

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notification, is deemed guilty of a misdemeanor, and, upon conviction, shall be imprisoned for a

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term not exceeding one year, or fined not more than five thousand dollars ($5,000) for a first

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offense and not more than ten thousand dollars ($10,000) for a second and/or subsequent

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offense(s) each.

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     (b) Any person who violates a final order of the board where the monetary total of the

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order including, but not limited to, the monetary judgment and/or fines, is not more than five

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thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor

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and, upon conviction, may shall be imprisoned for a term not exceeding one year, or fined not

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more than one thousand dollars ($1,000) for each offense, or both.

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     (c) Any person who violates a final order of the board where the monetary total of the

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order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars

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($5,000) or more, upon proper written notification, is deemed guilty of a felony, and, upon

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conviction, shall be imprisoned for a term not exceeding ten (10) years, fined not more than ten

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thousand dollars ($10,000), or both.

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      (b)(d) A final order shall be considered delivered when served to a defendant or

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designated agent to accept service. In addition to any sentence or fine imposed by the court under

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subsection (a) subsections (a), (b), and (c) of this section, the court may shall order a defendant to

 

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comply with any outstanding final order of the board, including any monetary judgment and to

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pay to the board any outstanding fine or fines previously imposed by the board pursuant to this

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chapter. A final order of the board may also be enforced in a civil contempt proceeding brought

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upon complaint in the district court.

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     (e) If a home inspector is a repeat offender with violations of three (3) or more final

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orders of the board with respect to three (3) separate contracts executed by three (3) separate

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individuals/aggrieved parties and said violations are filed within a twenty-four (24) month period,

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the violation shall be prosecuted as a felony and upon conviction the violator shall be subject to

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imprisonment for a term not to exceed ten (10) years or fined not more than ten thousand dollars

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($10,000).

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     SECTION 3. Section 5-65.3-17 of the General Laws in Chapter 5-65.3 entitled

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"Underground Utility Contractors" is hereby amended to read as follows:

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     5-65.3-17. Penalties for violations.-- (a) Violations of any provision of this chapter shall

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be subject to the penalties as follows: any corporation, association, sole proprietorship, firm

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partnership, limited liability corporation, limited liability partnership or other business

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organization licensed by the board shall be subject to a fine up to five thousand dollars ($5,000)

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for the first offense and up to ten thousand dollars ($10,000) for the second and subsequent

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violations of this chapter.

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     (b) Any person who operates as a underground utility contractor without a license as

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adjudged in a final order issued by the board, upon proper written notification, is deemed guilty

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of a misdemeanor, and, upon conviction, shall be imprisoned for a term not exceeding one year,

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or fined not more than five thousand dollars ($5,000) for a first offense and not more than ten

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thousand dollars ($10,000) for a second and/or subsequent offense(s) each.

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     (c) Any person who violates a final order of the board where the monetary total of the

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order including, but not limited to, the monetary judgment and/or fines, is not more than five

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thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor,

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and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than

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one thousand dollars ($1,000), or both.

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     (d) Any person who violates a final order of the board where the monetary total of the

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order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars

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($5,000) or more, upon proper written notification, is deemed guilty of a felony, and, upon

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conviction, shall be imprisoned for a term not exceeding ten (10) years, fined not more than ten

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thousand dollars ($10,000), or both.

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     (e) A final order shall be considered delivered when served to a defendant or designated

 

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agent to accept service. In addition to any sentence or fine imposed by the court under

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subsections (b), (c) and (d) of this section, the court shall order a defendant to comply with any

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outstanding final order of the board, including any monetary judgment and to pay to the board

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any outstanding fine or fines previously imposed by the board pursuant to this chapter.

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     (e) If a underground utility contractor is a repeat offender with violations of three (3) or

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more final orders of the board with respect to three (3) separate contracts executed by three (3)

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separate individuals/aggrieved parties and said violations are filed within a twenty-four (24)

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month period, the violation shall be prosecuted as a felony and upon conviction the violator shall

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be subject to imprisonment for a term not to exceed ten (10) years or fined not more than ten

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thousand dollars ($10,000).

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     SECTION 4. Chapter 5-65.2 of the General Laws entitled "Rhode Island Well Drilling

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Contractors Licensing Law" is hereby amended by adding thereto the following section:

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     5-65.2-5. Penalties for violations. -- (a) Any person who operates as a well drilling

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contractor without a license as adjudged in a final order issued by the board, upon proper written

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notification, is deemed guilty of a misdemeanor, and, upon conviction, shall be imprisoned for a

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term not exceeding one year, or fined not more than five thousand dollars ($5,000) for a first

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offense and not more than ten thousand dollars ($10,000) for a second and/or subsequent

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offense(s) each.

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     (b) Any person who violates a final order of the board where the monetary total of the

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order including, but not limited to, the monetary judgment and/or fines, is not more than five

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thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor,

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and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than

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one thousand dollars ($1,000), or both.

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     (c) Any person who violates a final order of the board where the monetary total of the

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order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars

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($5,000) or more, upon proper written notification, is deemed guilty of a felony, and, upon

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conviction, shall be imprisoned for a term not exceeding ten (10) years, fined not more than ten

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thousand dollars ($10,000), or both.

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     (d) A final order shall be considered delivered when served to a defendant or designated

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agent to accept service. In addition to any sentence or fine imposed by the court under

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subsections (a), (b) and (c) of this section, the court shall order a defendant to comply with any

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outstanding final order of the board, including any monetary judgment and to pay to the board

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any outstanding fine or fines previously imposed by the board pursuant to this chapter.

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     (e) If a well drilling contractor is a repeat offender with violations of three (3) or more

 

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final orders of the board with respect to three (3) separate contracts executed by three (3) separate

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individuals/aggrieved parties and said violations are filed within a twenty-four (24) month period,

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the violation shall be prosecuted as a felony and upon conviction the violator shall be subject to

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imprisonment for a term not to exceed ten (10) years or fined not more than ten thousand dollars

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($10,000).

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     SECTION 5. Chapter 5-73 of the General Laws entitled "Roofing Contractors" is hereby

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amended by adding thereto the following section:

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     5-73-5. Penalties for violations. -- (a) Any person who operates as a roofing contractor

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without a license as adjudged in a final order issued by the board, upon proper written

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notification, is deemed guilty of a misdemeanor, and, upon conviction, shall be imprisoned for a

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term not exceeding one year, or fined not more than five thousand dollars ($5,000) for a first

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offense and not more than ten thousand dollars ($10,000) for a second and/or subsequent

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offense(s) each.

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     (b) Any person who violates a final order of the board where the monetary total of the

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order including, but not limited to, the monetary judgment and/or fines, is not more than five

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thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor,

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and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than

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one thousand dollars ($1,000), or both.

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     (c) Any person who violates a final order of the board where the monetary total of the

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order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars

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($5,000) or more, upon proper written notification, is deemed guilty of a felony, and, upon

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conviction, shall be imprisoned for a term not exceeding ten (10) years, fined not more than ten

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thousand dollars ($10,000), or both.

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     (d) A final order shall be considered delivered when served to a defendant or designated

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agent to accept service. In addition to any sentence or fine imposed by the court under

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subsections (a), (b) and (c) of this section, the court shall order a defendant to comply with any

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outstanding final order of the board, including any monetary judgment and to pay to the board

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any outstanding fine or fines previously imposed by the board pursuant to this chapter.

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     (e) If a roofing contractor is a repeat offender with violations of three (3) or more final

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orders of the board with respect to three (3) separate contracts executed by three (3) separate

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individuals/aggrieved parties and said violations are filed within a twenty-four (24) month period,

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the violation shall be prosecuted as a felony and upon conviction the violator shall be subject to

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imprisonment for a term not to exceed ten (10) years or fined not more than ten thousand dollars

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($10,000).

 

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     SECTION 6. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS – CONTRACTORS' REGISTRATION

AND LICENSING BOARD

***

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     This act would distinguish the criminal penalties for violations of a final order of the

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Contractors’ Registration Board based on the amount of the monetary judgment included in the

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final order. Violations of a final order where the monetary total of the order including, but not

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limited to, the monetary judgment and/or fines, are not more than five thousand dollars ($5,000)

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are deemed guilty of a misdemeanor. Violations of a final order where the monetary total of the

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order including, but not limited to, the monetary judgment and/or fines, are five thousand dollars

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($5,000) or more are deemed guilty of a felony.

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     This act would take effect upon passage.

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