2012 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
708. Offenses Against Property Rights
708-8305 Unlicensed contractor fraud; valuation of property.

§708-8305 Unlicensed contractor fraud; valuation of property. For purposes of unlicensed contractor fraud, the value of the property shall be the greater of:

(1) The value of property as provided in section 708-801; or

(2) The total value of all moneys and any assets of value paid or lost by the victim or victims pursuant to the same scheme or course of conduct. [L 2012, c 244, pt of §1]

COMMENTARY ON §§708-8300 TO 8305

Act 244, Session Laws 2012, added these sections to deter unlicensed contracting activity. Specifically, Act 244 added a new part containing these sections to chapter 708, Hawaii Revised Statutes, that established: (1) misdemeanor and felony offenses relating to unlicensed contracting activity; (2) felony offenses relating to unlicensed contractor fraud; and (3) a method for valuation of property in unlicensed contractor fraud cases. The legislature found that unlicensed contractors often operate without regard to safety and building requirements, unfairly undercut legitimate and licensed business operations, place consumers at risk, and cost the State millions of dollars in lost tax revenue. The legislature further found that unlicensed contractors often continue to engage in illegal work despite receiving civil penalties. Authorizing the imposition of criminal penalties on unlicensed contractors would help reduce the number of unlicensed contractors performing illegal work, promote legitimate businesses, protect consumers, and enhance state revenues. Senate Standing Committee Report No. 3348, Conference Committee Report No. 59-12.