Hawaii 2022 Regular Session

Hawaii House Bill HB2453 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2453 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to third-party review services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2453
4	4	THIRTY-FIRST LEGISLATURE, 2022
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to third-party review services.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 25 to be appropriately designated and to read as follows: "Chapter THIRD-PARTY REVIEW SERVICES § -1 Definitions. As used in this chapter: "Board" means the third-party review services licensing board. "Department" means the department of commerce and consumer affairs. "Third-party review services" means an independent entity's review of a residential, commercial, or industrial development project's proposed plans, specifications, and permit applications to ensure compliance with applicable federal, state, and local laws, rules, regulations, ordinances, and codes. § -2 Third-party review services licensing board; established; organization; powers. (a) There is established within the department for administrative purposes the third‑party review services licensing board. (b) The board shall consist of members, including professional engineers licensed in the State and having at least five years of experience providing professional engineering services and professional architects licensed in the State and having at least ten years of experience providing professional architectural services. (c) In addition to any other powers and duties authorized by law, the board may: (1) Establish third-party review services licensure requirements; (2) Grant, deny, or renew third-party review services licenses; (3) Adopt, amend, or repeal rules, pursuant to chapter 91, not inconsistent with the law, as may be necessary to administer, coordinate, and enforce the licensure of third-party review services pursuant to this chapter; (4) Take disciplinary action against an entity for violation of this chapter or any rules adopted pursuant to this chapter; (5) Develop and adopt rules relating to the provision of third-party review services; and (6) Adopt a code of ethics to address permissible and prohibited activities of licensees. § -3 License fees. The department may collect a license fee in an amount determined by the department to be reasonably necessary to reimburse the department for the costs incurred in establishing and administering the third-party review services licensure program pursuant to this chapter and conducting any periodic inspections. § -4 Third-party review recovery fund; established. (a) The board may establish and maintain a third-party review recovery fund from which any person injured by an act, representation, transaction, or conduct of a duly licensed third-party review services provider, which is in violation of this chapter or the rules adopted pursuant to this chapter, may recover, by order of the circuit court or district court of the judicial circuit where the violation occurred, an amount of not more than $10,000 per contract, regardless of the number of persons injured under the contract, for damages sustained by the act, representation, transaction, or conduct. Recovery from the fund shall be limited to the actual damages suffered by the claimant, including court costs and fees as set by law, and reasonable attorney fees as determined by the court; provided that recovery from the fund shall not be awarded to persons injured by an act, representation, transaction, or conduct of a third-party review services provider whose license was suspended, revoked, forfeited, terminated, or in an inactive status at the time the claimant entered into the contract with the third-party review services provider. (b) When any entity applies for a third-party review services license, the entity shall pay, in addition to any original license fee collected pursuant to section -3, a fee of $50,000 for deposit into the third-party review recovery fund as provided in rules adopted by the department pursuant to chapter 91. If the board does not issue the license, these fees shall be returned to the applicant." SECTION 2. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 25 to be appropriately designated and to read as follows:
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51	51	"Chapter
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53	53	THIRD-PARTY REVIEW SERVICES
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55	55	§ -1 Definitions. As used in this chapter:
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57	57	"Board" means the third-party review services licensing board.
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59	59	"Department" means the department of commerce and consumer affairs.
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61	61	"Third-party review services" means an independent entity's review of a residential, commercial, or industrial development project's proposed plans, specifications, and permit applications to ensure compliance with applicable federal, state, and local laws, rules, regulations, ordinances, and codes.
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63	63	§ -2 Third-party review services licensing board; established; organization; powers. (a) There is established within the department for administrative purposes the third‑party review services licensing board.
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65	65	(b) The board shall consist of members, including professional engineers licensed in the State and having at least five years of experience providing professional engineering services and professional architects licensed in the State and having at least ten years of experience providing professional architectural services.
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67	67	(c) In addition to any other powers and duties authorized by law, the board may:
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69	69	(1) Establish third-party review services licensure requirements;
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71	71	(2) Grant, deny, or renew third-party review services licenses;
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73	73	(3) Adopt, amend, or repeal rules, pursuant to chapter 91, not inconsistent with the law, as may be necessary to administer, coordinate, and enforce the licensure of third-party review services pursuant to this chapter;
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75	75	(4) Take disciplinary action against an entity for violation of this chapter or any rules adopted pursuant to this chapter;
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77	77	(5) Develop and adopt rules relating to the provision of third-party review services; and
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79	79	(6) Adopt a code of ethics to address permissible and prohibited activities of licensees.
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81	81	§ -3 License fees. The department may collect a license fee in an amount determined by the department to be reasonably necessary to reimburse the department for the costs incurred in establishing and administering the third-party review services licensure program pursuant to this chapter and conducting any periodic inspections.
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83	83	§ -4 Third-party review recovery fund; established. (a) The board may establish and maintain a third-party review recovery fund from which any person injured by an act, representation, transaction, or conduct of a duly licensed third-party review services provider, which is in violation of this chapter or the rules adopted pursuant to this chapter, may recover, by order of the circuit court or district court of the judicial circuit where the violation occurred, an amount of not more than $10,000 per contract, regardless of the number of persons injured under the contract, for damages sustained by the act, representation, transaction, or conduct. Recovery from the fund shall be limited to the actual damages suffered by the claimant, including court costs and fees as set by law, and reasonable attorney fees as determined by the court; provided that recovery from the fund shall not be awarded to persons injured by an act, representation, transaction, or conduct of a third-party review services provider whose license was suspended, revoked, forfeited, terminated, or in an inactive status at the time the claimant entered into the contract with the third-party review services provider.
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85	85	(b) When any entity applies for a third-party review services license, the entity shall pay, in addition to any original license fee collected pursuant to section -3, a fee of $50,000 for deposit into the third-party review recovery fund as provided in rules adopted by the department pursuant to chapter 91. If the board does not issue the license, these fees shall be returned to the applicant."
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87	87	SECTION 2. This Act shall take effect upon its approval.
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91	91	INTRODUCED BY: _____________________________
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93	93	INTRODUCED BY:
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101	101	Report Title: Department of Commerce and Consumer Affairs; Third-Party Review Services; Licensure Board; Recovery Fund; Rulemaking Description: Establishes the third-party review services licensure program and board and the third-party review recovery fund. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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107	107	Report Title:
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109	109	Department of Commerce and Consumer Affairs; Third-Party Review Services; Licensure Board; Recovery Fund; Rulemaking
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113	113	Description:
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115	115	Establishes the third-party review services licensure program and board and the third-party review recovery fund.
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123	123	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.