Senate Bill No. 62

(By Senator K. Facemyer (By Request))

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[Introduced January 12, 2011; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §21-11-13 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Contractor Licensing Act; violation of article; and increasing criminal penalties.

Be it enacted by the Legislature of West Virginia:

    That §21-11-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.

§21-11-13. Violation of article; injunction; criminal penalties.

    (a) (1) Upon a determination that a person is engaged in contracting business in the state without a valid license, the board or commissioner shall issue a cease and desist order requiring such person to immediately cease all operations in the state. The order shall be withdrawn upon issuance of a license to such person.

    (2) After affording an opportunity for a hearing, the board may impose a penalty of not less than two hundred $500 nor more than one thousand dollars $2,000 upon any person engaging in contracting business in the state without a valid license. The board may accept payment of the penalty in lieu of a hearing.

    (3) Within thirty days after receipt of the final order issued pursuant to this section, any party adversely affected by the order may appeal the order to the circuit court of Kanawha County, West Virginia, or to the circuit court of the county in which the petitioner resides or does business.

    (b) Any person continuing to engage in contracting business in the state without a valid license after service of a cease and desist order is guilty of a misdemeanor and, upon conviction, is subject to the following penalties:

    (1) For a first offense, a fine of not less than two hundred dollars $500 nor more than one thousand dollars $2,000;

    (2) For a second offense, a fine of not less than five hundred dollars $1,000 nor more than five thousand dollars $10,000, or confinement in the county or regional jail for not more than six months, or both fine and confinement;

    (3) For a third or subsequent offense, a fine of not less than one thousand dollars $2,000 nor more than five thousand dollars $20,000, and confinement in the county or regional jail for not less than thirty days nor more than one year.

    © The board may institute proceedings in the circuit court of the county in which the alleged violations of the provisions of this article occurred or are now occurring to enjoin any violation of any provision of this article.

    (d) Any person who undertakes any construction work without a valid license when such license is required by this article, when the total cost of the contractor's construction contract on any project upon which the work is undertaken is $25,000 or more, shall, in addition to any other penalty herein provided, be assessed by the board an administrative penalty not to exceed $200 per day for each day the person is in violation.

    NOTE: The purpose of this bill is to increase the criminal penalties for violations of the West Virginia Contractor Licensing Act.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.