Hawaii 2025 Regular Session

Hawaii House Bill HB846 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 HOUSE OF REPRESENTATIVES H.B. NO. 846 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT Relating to contractors. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
22
33 HOUSE OF REPRESENTATIVES H.B. NO. 846
44 THIRTY-THIRD LEGISLATURE, 2025
55 STATE OF HAWAII
66
77 HOUSE OF REPRESENTATIVES
88
99 H.B. NO.
1010
1111 846
1212
1313 THIRTY-THIRD LEGISLATURE, 2025
1414
1515
1616
1717 STATE OF HAWAII
1818
1919
2020
2121
2222
2323
2424
2525
2626
2727
2828
2929
3030
3131 A BILL FOR AN ACT
3232
3333
3434
3535
3636
3737 Relating to contractors.
3838
3939
4040
4141
4242
4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
4444
4545
4646
4747 SECTION 1. The legislature finds that Act 283 (2019) raised the exemption threshold under HRS 444-2 from $1,000 to $1,500, while also exempting all costs associated other than labor and materials. In passing Act 283, the legislature noted the increased cost of materials, limited access to contractors and skilled professionals, and the risk of untrained homeowners performing their own improvements. These concerns remain today, and a mere $500 increase has done little to address the issues. Home renovation prices continue increasing due to the rising cost of materials and labor. According to the Department of Business, Economic Development, and Tourism the cost of construction for a single-family residence increased 3.9 per cent between 2023 and 2024. Further, the U.S. Congressional Joint Economic Committee reported that Hawaii has seen cumulative inflation of nearly twenty per cent since 2021. American Savings Bank references a report from the U.S. Bureau of Labor Statistics which revealed that "[l]ess than half of construction businesses survived a decade" since 2013. This industry trend is reflected in Hawaii where a shortage of licensed contractors has led to an increased price of labor. In this desaturated market, many licensed contractors prefer to accept jobs exceeding $10,000. Ultimately, this shortage makes it difficult for homeowners to make timely small-scale repairs. Many other states have much higher exemption thresholds to licensure requirements than Hawaii. Alabama and Delaware have thresholds set at $50,000, while North Dakota and North Carolina are set at $40,000 and $30,000, respectively. Only seven states have lower thresholds than Hawaii. Further, Hawaii still prevents certain specialized jobs from being eligible for this exemption such as electrical or plumbing work and any project requiring a building permit. With the ongoing housing crisis, rising cost of living, and the need to update deferred maintenance in many condo units, Hawaii cannot afford to have one of the lowest exemption thresholds in the nation. It took twenty-seven years for Hawaii to increase the threshold in Act 283, but the issues facing our state are too pressing to be dealt with an equal lack of urgency today. Accordingly, the purpose of this Act is to amend the handyman exemption threshold from $1,500 to $2,500. SECTION 2. Section 444-2, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows: "§444-2 Exemptions. This chapter shall not apply to: (1) Officers and employees of the United States, the State, or any county while in the performance of their governmental duties; (2) Any person acting as a receiver, trustee in bankruptcy, personal representative, or any other person acting under any order or authorization of any court; (3) A person who sells or installs any finished products, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of the structure, or to the construction, alteration, improvement, or repair of personal property; (4) Any project or operation for which the aggregate contract price for labor and materials is not more than [$1,500] $2,500. This exemption shall not apply in any case where a building permit is required regardless of the aggregate contract price, nor where the undertaking is only a part of a larger or major project or operation, whether undertaken by the same or a different contractor or in which a division of the project or operation is made in contracts of amounts not more than [$1,500] $2,500 for the purpose of evading this chapter or otherwise; (5) A registered architect or professional engineer acting solely in the person's professional capacity; (6) Any person who engages in the activities regulated in this chapter as an employee with wages as the person's sole compensation; (7) Owner-builders exempted under section 444-2.5; (8) Any joint venture if all members thereof hold licenses issued under this chapter; (9) Any project or operation where it is determined by the board that less than ten persons are qualified to perform the work in question and that the work does not pose a potential danger to public health, safety, and welfare; or (10) Any public works project that requires additional qualifications beyond those established by the licensing law and which is deemed necessary and in the public interest by the contracting agency." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
4848
4949 SECTION 1. The legislature finds that Act 283 (2019) raised the exemption threshold under HRS 444-2 from $1,000 to $1,500, while also exempting all costs associated other than labor and materials. In passing Act 283, the legislature noted the increased cost of materials, limited access to contractors and skilled professionals, and the risk of untrained homeowners performing their own improvements. These concerns remain today, and a mere $500 increase has done little to address the issues.
5050
5151 Home renovation prices continue increasing due to the rising cost of materials and labor. According to the Department of Business, Economic Development, and Tourism the cost of construction for a single-family residence increased 3.9 per cent between 2023 and 2024. Further, the U.S. Congressional Joint Economic Committee reported that Hawaii has seen cumulative inflation of nearly twenty per cent since 2021.
5252
5353 American Savings Bank references a report from the U.S. Bureau of Labor Statistics which revealed that "[l]ess than half of construction businesses survived a decade" since 2013. This industry trend is reflected in Hawaii where a shortage of licensed contractors has led to an increased price of labor.
5454
5555 In this desaturated market, many licensed contractors prefer to accept jobs exceeding $10,000. Ultimately, this shortage makes it difficult for homeowners to make timely small-scale repairs.
5656
5757 Many other states have much higher exemption thresholds to licensure requirements than Hawaii. Alabama and Delaware have thresholds set at $50,000, while North Dakota and North Carolina are set at $40,000 and $30,000, respectively. Only seven states have lower thresholds than Hawaii. Further, Hawaii still prevents certain specialized jobs from being eligible for this exemption such as electrical or plumbing work and any project requiring a building permit.
5858
5959 With the ongoing housing crisis, rising cost of living, and the need to update deferred maintenance in many condo units, Hawaii cannot afford to have one of the lowest exemption thresholds in the nation. It took twenty-seven years for Hawaii to increase the threshold in Act 283, but the issues facing our state are too pressing to be dealt with an equal lack of urgency today.
6060
6161 Accordingly, the purpose of this Act is to amend the handyman exemption threshold from $1,500 to $2,500.
6262
6363 SECTION 2. Section 444-2, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:
6464
6565 "§444-2 Exemptions. This chapter shall not apply to:
6666
6767 (1) Officers and employees of the United States, the State, or any county while in the performance of their governmental duties;
6868
6969 (2) Any person acting as a receiver, trustee in bankruptcy, personal representative, or any other person acting under any order or authorization of any court;
7070
7171 (3) A person who sells or installs any finished products, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of the structure, or to the construction, alteration, improvement, or repair of personal property;
7272
7373 (4) Any project or operation for which the aggregate contract price for labor and materials is not more than [$1,500] $2,500. This exemption shall not apply in any case where a building permit is required regardless of the aggregate contract price, nor where the undertaking is only a part of a larger or major project or operation, whether undertaken by the same or a different contractor or in which a division of the project or operation is made in contracts of amounts not more than [$1,500] $2,500 for the purpose of evading this chapter or otherwise;
7474
7575 (5) A registered architect or professional engineer acting solely in the person's professional capacity;
7676
7777 (6) Any person who engages in the activities regulated in this chapter as an employee with wages as the person's sole compensation;
7878
7979 (7) Owner-builders exempted under section 444-2.5;
8080
8181 (8) Any joint venture if all members thereof hold licenses issued under this chapter;
8282
8383 (9) Any project or operation where it is determined by the board that less than ten persons are qualified to perform the work in question and that the work does not pose a potential danger to public health, safety, and welfare; or
8484
8585 (10) Any public works project that requires additional qualifications beyond those established by the licensing law and which is deemed necessary and in the public interest by the contracting agency."
8686
8787 SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
8888
8989 SECTION 4. This Act shall take effect upon its approval.
9090
9191
9292
9393 INTRODUCED BY: _____________________________
9494
9595 INTRODUCED BY:
9696
9797 _____________________________
9898
9999
100100
101101
102102
103103 Report Title: Contractors; Handyman Exemption; Threshold Description: Raises the threshold exemption under the contractor licensing law's handyman exemption from $1,500 to $2,500. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
104104
105105
106106
107107
108108
109109 Report Title:
110110
111111 Contractors; Handyman Exemption; Threshold
112112
113113
114114
115115 Description:
116116
117117 Raises the threshold exemption under the contractor licensing law's handyman exemption from $1,500 to $2,500.
118118
119119
120120
121121
122122
123123
124124
125125 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.