It is enacted by the General Assembly as follows:

SECTION 1. The title of Chapter 5-65 of the General Laws entitled "Building Contractor's Registration" is hereby amended to read as follows:

SECTION 2. Sections 5-65-1, 5-65-2, 5-65-3, 5-65-4, 5-65-5, 5-65-6, 5-65-7, 5-65-8, 5-65-9, 5-65-10, 5-65-11, 5-65-12, 5-65-13, 5-65-14, 5-65-15, and 5-65-19 of the General Laws in Chapter 5-65 entitled "Building Contractors' Registration" are hereby amended to read as follows:

{ADD 5-65-1. Definitions. -- ADD} As used in this chapter:

(1) "Board" means the {DEL builders DEL} {ADD contractors' ADD} registration board.

(2) "Dwelling Unit" means a single unit providing complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

(3) "Structure" means a residence, including a site-built home, a modular home constructed off-site, a condominium, a manufactured home, a mobile home, and duplex or multi-unit residential building, consisting of four (4) dwelling units or less. This definition shall include and be pre-empted by the regulations promulgated by the state building commission rules and regulations for family dwellings and multi-family dwellings.

(4) {DEL "Builder" DEL} {ADD "Contractor" ADD} means a person who, in the pursuit of an independent business, undertakes or offers to undertake or submits a bid, or for compensation and with {ADD or without ADD} the intent to sell the structure arranges to construct, alter, repair, improve, move over public highways, roads or streets or demolish a structure or to perform any work in connection with the construction, alteration, repair, improvement, moving over public highways, roads or streets or demolition of a structure, and the appurtenances thereto. {DEL "Builder" DEL} {ADD "Contractor" ADD} includes, but is not limited to, any person who purchases or owns property and constructs or for compensation arranges for the construction of one (1) or more structures {ADD . ADD} {DEL with the intent of selling the structure or structures and includes any person who as an independent instructor acts as a subcontractor for such owner or contracter. DEL}

{ADD A certificate of registration is necessary for each "Business Entity" regardless of the fact that each entity may be owned by the same individual. ADD}

(5) "State" means the state of Rhode Island.

{ADD 5-65-2. Applications. -- ADD} The following persons are exempt from registration under this chapter:

(1) A person who is constructing, altering, improving or repairing their own personal property.

(2) A person who is constructing, altering, improving or repairing a structure located within the boundaries of any site or reservation under the jurisdiction of the federal government.

(3) A person who furnishes materials, supplies, equipment or furnishes product and does not fabricate them into, or consume them, in the performance of the work of a {DEL builder. DEL} {ADD contractor; however, if such person wants to file a claim pursuant to this act they must be registered pursuant to this act. ADD}

(4) A person working on one (1) structure or project, under one (1) or more contracts when the {DEL aggregate DEL} price of all of that person's contracts for labor, materials and all other items is less than {DEL one thousand dollars ($1,000.) DEL} {ADD five hundred dollars ($500.00) ADD} and such work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or puts out any sign or card or other device which might indicate to the public that the person is a {DEL builder. DEL} {ADD contractor. ADD}

(5) This subsection does not apply to a person who constructs or for compensation with the intent to sell the structure, or who arranges to have constructed a structure to be sold before, upon or after completion. It shall be prima facie evidence that there was intent to offer the structure for sale if the person who constructed the structure or arranged to have the structure constructed does not occupy the structure for one (1) calendar year after completion.

(6) A person performing work on a single dwelling unit property that person owns, whether occupied by that person or not, or a person performing work on that person's residence, whether or not that person owns the residence. This subsection does not apply to a person performing work on a structure owned by that person if such work is performed, in the pursuit of an independent business, with the intent of offering the structure for sale before, upon or after completion.

(7) A person who performs work subject to this chapter as an employee of a {DEL builder. DEL} {ADD contractor. ADD}

(8) A manufacturer of a mobile home constructed under standards established by the federal government.

(9) A person involved in the movement of:

(a) Modular buildings or structures other than mobile homes not in excess of fourteen feet (14') in width.

(b) Structures not in excess of sixteen feet (16') in width when they are being moved by their owner if such owner is not a {DEL builder DEL} {ADD contractor ADD} required to be registered under this chapter.

{ADD (10) Any person or business entity licensed by the state of Rhode Island employing licensed trades persons as defined by chapters 5-6, 5-20, 5-56, 28-26, and 28-27 of the general laws and working within the purview of such license issued by the governing agency is exempt from all the provisions of this chapter except section 5-65-7, requiring insurance. A valid certificate of insurance will be required to be maintained by the licensing agency during the terms of the issuance date of the license as a condition for a valid license. Failure of the licensee to maintain this insurance will result in loss of license pursuant to requirements of statutes governing the licensing authority. ADD}

{ADD 5-65-3. ADD} {DEL Registration for work on a structure required of builder -- Issuance of building permits to unregistered builders prohibited -- Evidence of activity as a builder -- Duties of builder. DEL} {ADD Registration for work on a structure required of contractor--Issuance of building permits to unregistered or unlicensed contractors prohibited--Evidence of activity as a contractor--Duties of contractors. -- ADD} (1) A person shall not undertake, offer to undertake or submit a bid to do work as a {DEL builder DEL} {ADD contractor ADD} on a structure {ADD or arrange to have work done ADD} unless that person has a current, valid certificate of registration for residential work issued by the board. A partnership, corporation or joint venture may do such work, offer to undertake such work or submit a bid to do such work only if that partnership, corporation or joint venture is registered for such work.

(2) A registered partnership or corporation shall notify the board immediately upon any change in partners or corporate officers.

(3) A city, town or the state shall not issue a building permit to anyone required to be registered under this chapter who does not have a current, valid certificate of registration {DEL . DEL} {ADD identification card or valid license which shall be presented at the time of issuance of a permit and becomes a condition of a valid permit. ADD} Each city, town, or the state which requires the issuance of a permit as a condition precedent to construction, alteration, improvement, demolition, movement or repair of any building or structure or the appurtenance to the structure shall also require that each applicant for such permit file as a condition to issuing the permit a written statement, subscribed by the applicant, that the applicant is registered under the provisions of this chapter, giving the number of the registration and stating that the registration is in full force and effect, or, if the applicant is exempt from the provisions of this chapter, listing the basis for the exemption. The city, town or the state shall list the {DEL builder's DEL} {ADD contractor's ADD} registration number on the permit obtained by that {DEL builder DEL} {ADD contractor ADD} , and if a homeowner is issued a permit, the building inspector or official must ascertain registration numbers of each {DEL builder DEL} {ADD contractor ADD} on premise and shall inform the registration board of any non-registered {DEL builders DEL} {ADD contractors ADD} performing work at the site {ADD . ADD} {DEL as the builder. DEL}

(4) Every city and town which requires the issuance of a business license as a condition precedent to engaging, within the city or town in a business which is subject to regulation under this chapter, shall require that each licensee and each applicant for issuance or renewal of such license file, or have on file, with such city or town a signed statement that such licensee or applicant is registered under the provisions of this chapter and stating that the registration is in full force and effect.

(5) It shall be prima facie evidence of doing business as a {DEL builder DEL} {ADD contractor ADD} when a person for that person's own use performs, employs others to perform, or for compensation and with the intent to sell the structure, arranges to have performed any work described in section 5-65-1(4) if within any one (1) twelve (12) month period that person offers for sale one (1) or more structures on which that work was performed.

(6) Registration under this chapter is prima facie evidence that the registrant conducts a separate, independent business.

(7) The provisions of this chapter shall be exclusive and no city or town shall require or issue any registrations or licenses nor charge any fee for the regulatory registration of any {DEL builder DEL} {ADD contractor ADD} registered with the board. However, nothing in this subsection shall limit or abridge the authority of any city or town to license and levy and collect a general and nondiscriminatory license fee levied upon all businesses, or to levy a tax based upon business conducted by any firm within said jurisdiction, if permitted under the laws of the state.

(8)(a) Every {DEL builder DEL} {ADD contractor ADD} shall maintain a list which includes the following information about all subcontractors or other {DEL builders DEL} {ADD contractors ADD} performing work on a structure for that {DEL builder: DEL} {ADD contractor: ADD}

(A) Names and addresses.

(B) Registration numbers or other license numbers.

(C) Contracts entered into must contain notice of right of rescission as stipulated in all pertinent R.I. Consumer Protection Laws.

(D) The {DEL builder DEL} {ADD contractor ADD} must stipulate whether or not all the proper insurances are in effect for each job contracted. (b) The list referred to in paragraph (a) of this subsection shall be delivered to the board within twenty four (24) hours after a request made during reasonable working hours, or a fine of twenty five dollars ($25.00) may be imposed for each such offense.

(9) The following subcontractors who are not employees of a registered {DEL builder DEL} {ADD contractor ADD} must obtain a registration certificate prior to conducting any work;

(a) Carpenters, including finish carpenters and framers;

(b) Siding installers;

(c) Roofers;

(d) Foundation installers, including concrete installers, form installers;

(e) Drywall installers;

(f) Plasterers;

(g) Insulation installers;

(h) Ceramic tile installers;

(i) Floor covering installers;

(j) Swimming pool installers, both above ground and in ground;

(k) Masons, including, chimney installers, fireplace installers, and general masonry erectors. This list is not inclusive and not limited to the above referenced contractors. No subcontractor licensed by another state agency shall be required to register.

(10) A {DEL builder DEL} {ADD contractor ADD} , including but not limited to a general contractor, shall not hire any subcontractor or other {DEL builder DEL} {ADD contractor ADD} to work on a residential structure unless the {DEL subcontractor or builder DEL} {ADD contractor ADD} is registered under this chapter or exempt from registration under the provisions of section 5-65-2.

(11) A summary of this chapter, prepared by the board and provided at cost to all registered {DEL builders DEL} {ADD contractors ADD} , shall be delivered by the {DEL builder DEL} {ADD contractor ADD} to the owner when the {DEL builder DEL} {ADD contractor ADD} begins work on a structure; failure to comply may result in a fine.

(12) The registration number of each {DEL builder DEL} {ADD contractor ADD} shall appear in any advertising by that {DEL builder DEL} {ADD contractor ADD} . Advertising in any form by an unregistered {DEL builder DEL} {ADD contractor ADD} is prohibited, including alphabetical or classified directory listings {ADD vehicles, business cards ADD} and all other forms of advertisements. Such violations could result in a penalty to be assessed by the board per administrative procedures established.

{ADD 5-65-4. Registration required to obtain judicial or administrative remedy -- Exception. -- ADD} (1) A {DEL builder DEL} {ADD contractor ADD} may not file a lien, file a claim with the board or bring or maintain in any court of this state a suit or action for compensation for the performance of any work on a residential structure or for the breach of any contract for work on a residential structure which is subject to this chapter, unless the {DEL builder DEL} {ADD contractor ADD} was:

(a) Registered under this chapter at the time the {DEL builder DEL} {ADD contractor ADD} bid or entered into the contract for performance of the work unless such bid or contract predated [July 1, 1990]; and

(b) Registered continuously while performing the work for which compensation is sought.

(2) A court may choose not to apply this section if the court finds that to do so would result in a substantial injustice to the unregistered {DEL builder DEL} {ADD contractor ADD} .

{ADD 5-65-5. Registered application. -- ADD} A person who wishes to register as a {DEL builder DEL} {ADD contractor ADD} shall submit an application, under oath, upon a form prescribed by the board. The application shall include the following information regarding the applicant:

{DEL (1) Social security number; DEL}

{DEL (2) DEL} {ADD (1) ADD} Workers' compensation insurance account number, or company name if a number has not yet been obtained, if applicable;

{DEL (3) DEL} {ADD (2) ADD} Unemployment insurance account number if applicable;

{DEL (4) DEL} {ADD (3) ADD} State withholding tax account number if applicable;

{DEL (5) DEL} {ADD (4) ADD} Federal employer identification number, if applicable, or if self-employed and participating in a retirement plan;

{DEL (6) DEL} {ADD (5) ADD} The name and {ADD business address and residential ADD} address of:

(a) Each partner or venturer, if the applicant is a partnership or joint venture;

(b) The owner, if the applicant is an individual proprietorship;

(c) The corporation officers, if the applicant is a corporation;

{ADD (d) Post office boxes are not acceptable as the only address. ADD}

{DEL (7) DEL} {ADD (6) ADD} A statement of whether or not the applicant has previously applied for registration, or is or was an officer, partner or venturer of an applicant who previously applied for registration and if so, the name of such corporation, partnership or venture.

{ADD 5-65-6. ADD} {DEL Builder to notify board of address change -- Effect of mail to last known address. DEL} {ADD Contractor to notify of address change--Effect of mail to last known address.-- ADD} It shall be the duty of a {DEL builder DEL} {ADD contractors ADD} to notify the board of any change of address while registered and for one (1) year following the date the {DEL builder's DEL} {ADD contractors ADD} registration expires or otherwise becomes inactive. The {DEL builder DEL} {ADD contractor ADD} shall so notify the board within ten (10) days of the date upon which the change of address occurs. Any proposed or final order or notice of hearing directed by the board to the last known address of record shall be considered delivered when deposited in the United States mail and/or sent registered or certified or post office receipt secured. Any other communication directed by the board to the last known address of record shall be considered delivered when deposited in the United States mail, regular mail.

{ADD 5-65-7. ADD} {DEL Insurance required of builders. DEL} {ADD Insurance required of contractors. -- ADD} (1) Throughout the period of registration, the {DEL builder DEL} {ADD contractors ADD} shall have in effect public liability and property damage insurance covering the work of that {DEL builder DEL} {ADD contractor ADD} which is subject to this chapter in not less than the following amounts:

(a) three hundred thousand dollars ($300,000) combined single limit, bodily injury and property damage.

(2) The {DEL builder DEL} {ADD contractor ADD} shall provide satisfactory evidence to the board at the time of registration and renewal that the insurance required by subsection (1) of this section has been procured and is in effect. Failure to maintain insurance will invalidate registration and may result in a fine to the registrant.

{ADD 5-65-8. Term of registration -- Renewal -- Registration identification card. -- ADD} (1) A certificate of registration is valid for one (1) year from the date of issuance unless the registration is revoked or suspended as set forth in section 5-65-10. It may be renewed by the same procedure provided for an original registration upon application and furnishing of any additional supplemental information as the board may require by rule.

(2) The board shall issue a pocket-card certificate of registration to a {DEL builder DEL} {ADD contractor ADD} registered under this chapter.

(3) The board may vary the dates of registration renewal by giving to the registrant written notice of the renewal date assigned and by making appropriate adjustments in the renewal fee.

{ADD (4) The presentation of the registration or license identification card is mandatory at the time of permit appliation. ADD}

{ADD 5-65-9. Registration fee. -- ADD} (1) Each applicant shall pay to the board:

(a) For original registration or renewal of registration, a fee of sixty dollars ($60.00).

(b) A fee for all changes in the registration, as prescribed by the board, other than those due to clerical errors.

(2) The board shall allocate the fees referred to in subsection (1) of this section so that the moneys received are adequate to pay for the board's expenses, staff salaries, operating expenses, and all other necessary costs for the equipping and administration of the provisions of this chapter.

(3) The state auditor general shall conduct an {DEL annual DEL} audit of the board's budget and shall evaluate all of the board's revenue and expenditures. This report shall determine the actual surplus generated from fees as assessed for registration of contractors. The executive director shall be responsible for the development of the board's annual budget to be submitted to the board for approval. The budget shall be submitted to the legislature as part of the building commission's annual request.

{ADD 5-65-10. Grounds for discipline -- Injunctions. -- ADD} (1) The board may revoke, suspend or refuse to issue {ADD , reinstate, ADD} or reissue a certificate of registration if the board determines after notice and opportunity for hearing:

(a) That the registrant or applicant has violated section 5-65-3.

(b) That the insurance required by section 5-65-7 is not currently in effect.

(c) That the registrant or applicant has engaged in conduct as a {DEL builder DEL} {ADD contractor ADD} that is dishonest or fraudulent that the board finds injurious to the welfare of the public.

(d) Has violated a rule or order of the board.

(e) That the registrant has knowingly assisted an unregistered person to act in violation of this chapter.

(f) That a lien was filed on a structure under chapter 34-28 because the registrant or applicant wrongfully failed to perform a contractual duty to pay money to the person claiming the lien.

(g) That the registrant has knowingly and {DEL consistently constructed a structure in violation of DEL} {ADD willfully violated ADD} state or local building codes.

(h) That the registrant has made false or fraudulent statements on his or her application.

(2) In addition to all other remedies, when it appears to the board that a person has engaged in, or is engaging in, any act, practice or transaction which violates the provisions of this chapter, the board may direct the attorney general to apply to the court for an injunction restraining the person from violating the provisions of this chapter. An injunction shall not be issued for failure to maintain the list provided for in section 5-65-3(8) unless the court determines that the failure is intentional.

(3)(a) The board may, after hearing impose a fine in an amount not to exceed five hundred dollars ($500) for the first violation of this chapter, or any rules or regulations promulgated by the board.

(b) For each second violation of a particular subsection of this chapter or of a rule or regulation promulgated by the board, a fine not to exceed one thousand dollars ($1,000) may be imposed after a hearing by the board. All fines collected by the board shall be used for the purpose of, but not limited to, administering the requirements of this chapter.

(4) The hearing officer, upon rendering a conclusion may require registrant, in lieu of a fine to impose continuing education courses as appropriate. Failure to adhere to such a requirement could result in immediate revocation of registration.

{ADD 5-65-11. Types of allowable claims. -- ADD} The board shall only accept and make determinations of the following types of claims for damages against {DEL builders DEL} {ADD contractors ADD} registered under this chapter. This section applies to the following types of claims:

(1) Claims against a {DEL builder DEL} {ADD contractor ADD} by the owner of a structure for the following in performing any work subject to this chapter:

(a) Negligent work.

(b) Improper work.

(c) Breach of contract.

(2) Claims against a {DEL builder DEL} {ADD contractor ADD} by the owner of a structure to discharge or to recoup funds expended in discharging a lien established under chapter 34-28 and under circumstances described under this subsection. The board may reduce any amount adjudged by the board under this section by any amount the claimant owes the {DEL builder DEL} {ADD contractor ADD} . The board shall only determine claims under this subsection if:

(a) The owner has paid the {DEL builder DEL} {ADD contractor ADD} for that {DEL builder's DEL} {ADD contractors ADD} work subject to this chapter; and

(b) A lien is filed against the structure of the owner under chapter 34-28 because the {DEL builder DEL} {ADD contractor ADD} failed to pay the person claiming the lien for that person's contribution toward completion of the structure.

(3) Claims against a registered {DEL builder sub DEL} contractor by a registered {DEL builder DEL} {ADD contractor ADD} for the following in performing any work subject to this chapter:

(a) Negligent work;

(b) Improper work; or

(c) Breach of contract.

{ADD (d) ADD} {DEL (4) Claims by person F DEL} {ADD F ADD} urnishing labor or material or renting or supplying equipment to a {DEL builder DEL} {ADD contractor ADD} .

{ADD (4) Claims by an employee of a registered contractor. ADD}

{DEL 5-65-12. Procedure for making claims against a builder -- Investigation by board -- Disciplinary action [Effective July 1, 1990]. DEL} {ADD 5-65-12. Procedure for making claims against a contractor -- Investigation by board -- Disciplinary action. -- ADD} (1) Any person having a claim against a {DEL builder DEL} {ADD contractor ADD} of the type referred to in section 5-65-11, may file with the board a statement of the claim in such form {ADD and with such fee ADD} as the board prescribes.

(2) The board may refuse to accept, or refuse at any time to continue processing a claim if:

(a) The same facts and issues involved in the claim have been submitted to a court of competent jurisdiction for determination or have been submitted to any other entity authorized by law or the parties to effect a resolution and settlement;

(b) The claimant does not permit the {DEL builder DEL} {ADD contractor ADD} against whom the claim is filed to be present at any inspection made by the board;

(c) The board determines that the {DEL builder DEL} {ADD contractor ADD} against whom the claim is filed is capable of complying with the recommendations made by the board relative to the claim, but the claimant does not permit the {DEL builder DEL} {ADD contractor ADD} to comply with the recommendations. However, the board may refuse to accept further process of a claim under this paragraph only if the {DEL builder DEL} {ADD contractor ADD} was registered at the time the work was first performed and is registered at the time the board makes its recommendations; or

(d) The board determines that the nature or complexity of the claim is such that a court is the appropriate forum for the adjudication of the claim.

(3) The board shall not process a claim unless it is filed in a timely manner as follows:

(a) If the owner of a new structure files the claim, the board must receive the claim not later than one (1) year after the date the structure was first occupied as determined from the date of issuance of the certificate of occupancy {DEL of DEL} {ADD or ADD} two (2) years after completion {DEL , DEL} {ADD . ADD} {DEL whichever comes first. DEL}

(b) If the owner of an existing structure files the claim, the board must receive the claim not later than one (1) year after the date the work was substantially completed as determined by the certificate of occupancy {DEL . DEL} {ADD , or the date that worked ceased. ADD}

(c) Regardless of whether the claim involves a new or existing structure, if the owner files the claim because the {DEL builder DEL} {ADD contractor ADD} failed to begin the work pursuant to a written contract, the board must receive the claim not later than one (1) year after the date the parties entered into a written contract;

(d) Regardless of whether the claim involves a new or existing structure, if the owner files a claim because the {DEL builder DEL} {ADD contractor ADD} failed to substantially complete the work, the board must receive the claim not later than one (1) year after the date the {DEL builder DEL} {ADD contractor ADD} ceased work on the structure;

(e) If a registered {DEL builder DEL} general contractor files the claim against a registered {DEL builder, DEL} subcontractor, because the subcontractor failed to substantially complete the work, the board must receive the claim not later than one (1) year after the date the subcontractor ceased to work on the structure;

(f) If a material or equipment supplier, an employee, or a registered {DEL builder DEL} subcontractor files the claim, the board must receive the claim not later than one (1) year after the date the registrant incurred the indebtedness.

{ADD (g) Any corrective work performed to resolve a claim will be the responsibility of the contractor for one (1) year beyond the completion date but only for said work performed. ADD}

(4) Upon acceptance of the statement of claim, the board shall give notice to the {DEL builder DEL} {ADD party ADD} against whom the claim is made and shall initiate proceedings to determine the validity of the claim. If, after investigation, the board determines that a violation of this chapter or of any rule promulgated thereunder has occurred, the board shall recommend to the registrant such action as the board considers appropriate {ADD , including revocation of said certificate, ADD} to compensate the claimant for any damages incurred as the result of the violation. If the {DEL builder DEL} {ADD contractor ADD} performs accordingly, the board shall give that fact due consideration in any subsequent disciplinary proceeding brought by the board.

{ADD 5-65-13. Nonlawyer may represent corporation before board. -- ADD} A corporation that is registered or required to be registered as a {DEL builder DEL} {ADD contractor ADD} under this chapter and that is a party in any proceeding before the board or any representative thereof may appear or be represented in the proceeding by an officer of the corporation who is not a member of the state bar.

{ADD 5-65-14. Builder board -- Member -- Terms -- Confirmation -- Vacancies -- Qualification. -- ADD} (1) The board shall consist of seven (7) members appointed by the governor, four (4) of the members shall be {DEL builders DEL} {ADD contractors ADD} , and one (1) shall be a current member of the building codes standards committee, pursuant to Rhode Island general laws 23-27.3-100.1.4. The building code standards committee member shall be designated by the state building commissioner, said individual shall be appointed as set forth in subsection (2) of this section, one (1) shall be a representative of the general public, and one (1) shall be a licensed and practicing architect. This board shall report to the state building commissioners department.

(2) Except for the commissioner's designee the governor shall appoint three (3) members for a term of three (3) years and three (3) members for a term of two (2) years. Each member reappointed by the governor shall serve for the term of his or her original appointment. Before the expiration of the term of a member, the governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the governor shall make an appointment immediately effective for the unexpired term. At the expiration of their terms, members shall remain and continue in their official capacity until a new member is appointed and confirmed.

(3) In order to be eligible for board membership, the four (4) {DEL builder DEL} {ADD contractor ADD} members of the board shall be registered under this chapter and shall maintain their registration in good order during their term of office.

{ADD 5-65-15. Officers -- Quorum -- Compensation and expenses. -- ADD} (1) The board shall select from among its members a chairperson, a vice chairperson and such other officers for such terms and with such duties and powers necessary for the performance of their duties as the board determines.

(2) A majority of the members of the board constitutes a quorum for the transaction of business.

(3) Deleted P.L. 350, 1994. {DEL A member of the board is entitled to be compensated forty dollars ($40.00) per day for each meeting or hearing attended by the member. Not to exceed two thousand dollars ($2,000) per member per annum. DEL}

(4) The board shall have an executive director who shall attend all meetings and direct the conduct of any investigation which may be necessary in the preparation of any hearing. The executive director shall be a member of the classified service on the staff of the state building commissioner and shall be compensated as appropriate for the expertise required.

{ADD 5-65-19. Penalty for operating without a registration and failure to comply with a final order of the board. -- ADD} Any person who violates a final order of the board, or fails to register as a {DEL builder DEL} {ADD contractor ADD} as stipulated, and upon proper written notification, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be imprisoned for a term not exceeding one (1) year, or fined not more than one thousand dollars ($1,000) for each offense.

{ADD A final order is considered delivered when served to defendant pursuant to rule 49 of the district court rules of criminal procedure. ADD}

SECTION 3. This act shall take effect upon passage.