2016 -- H 7402

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LC003990

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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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: January 28, 2016

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

thousand dollars ($5,000) one thousand dollars ($1,000), or both for a first or second offense and

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

third or subsequent violation of this subsection is to be deemed a felony, and upon conviction,

shall be imprisoned for a term not exceeding two (2) years, fined not more than two thousand

dollars ($2,000), or both.

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

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

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

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

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

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

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

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

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

dollars ($10,000), or both.

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

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

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

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

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

this chapter.

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

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

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

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

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

dollars ($10,000).

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

Inspectors" is hereby amended to read as follows:

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

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

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

term not exceeding one year, fined not more than one thousand dollars ($1,000), or both for a first

or second offense. A third or subsequent violation of this subsection is to be deemed a felony, and

upon conviction, the person shall be imprisoned for a term not exceeding two (2) years, fined not

more than two thousand dollars ($2,000), or both.

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

upon complaint in the district court.

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

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

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

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

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

($10,000).

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

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

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

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

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

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

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

violations of this chapter.

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

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

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

fined not more than one thousand dollars ($1,000), or both for a first or second offense. A third or

subsequent violation of this subsection is to be deemed a felony, and upon conviction, the person

shall be imprisoned for a term not exceeding two (2) years, fined not more than two thousand

dollars ($2,000), or both.

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

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

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

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

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

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

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

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

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

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

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

subsections (b), (c) and (d), the court shall order a defendant to comply with any outstanding final

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

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

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

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

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

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

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

thousand dollars ($10,000).

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

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

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

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

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

term not exceeding one year, fined not more than one thousand dollars ($1,000), or both for a first

or second offense. A third or subsequent violation of this subsection is to be deemed a felony, and

upon conviction, the person shall be imprisoned for a term not exceeding two (2) years, fined not

more than two thousand dollars ($2,000), or both.

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

($10,000).

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

amended by adding thereto the following section:

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

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

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

term not exceeding one year, fined not more than one thousand dollars ($1,000), or both for a first

or second offense. A third or subsequent violation of this subsection is to be deemed a felony, and

upon conviction, the person shall be imprisoned for a term not exceeding two (2) years, fined not

more than two thousand dollars ($2,000), or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

($10,000).

     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

***

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

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

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

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

would be a misdemeanor. Violations of a final order where the monetary total of the order

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

($5,000) or more would be a felony.

     This act would take effect upon passage.

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