HOUSE CONCURRENT RESOLUTION 54
(By Delegates Douglas, Collins, Angotti, Azinger, Butcher,
Caputo, Everson, Flanigan, Hatfield, Kuhn, Manchin, Marshall,
Modesitt, Overington, Perdue, Prunty, J. Smith, L. Smith,
Stalnaker, Tucker, Varner, H. K. White and Willison)
Requesting the joint committee on government and finance to study
modifications to the contractor licensing act necessary to
protect the public from unskilled or unscrupulous licensed
contractors.
Whereas, The Legislature created the contractor licensing
board in order to protect the public from unfair, unsafe and
unscrupulous bidding and construction practices;
Whereas, The contractor licensing board is not authorized by
law to take disciplinary action against any licensed contractor
in the absence of final adjudication in a court of record that a
licensee has perpetrated an act that is cause for disciplinary
action;
Whereas, The contractor licensing board in practice fails to
take complaints from members of the public, fails to investigate
or make probable cause determinations, and fails to provide any
information or warning to the public related to unsafe practices
and unscrupulous acts of licensed contractors, or to hold
contractors accountable, in the absence of final adjudication in
the courts; and
Whereas, the contractor licensing board provides no recourse to a member of the public injured by the acts of an unskilled or
unscrupulous contractor other than recourse to the courts, a
remedy that an injured citizen may not be able to afford, and a
remedy that would be available even in the absence of a
contractor licensing board; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby
requested to to study modifications to the contractor licensing
act necessary to protect the public from unskilled or
unscrupulous licensed contractors; and, be it
Further Resolved, That the joint committee on government
and finance report to the regular session of the Legislature in
the year two thousand its findings, conclusions and
recommendations, together with drafts of any legislation
necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct
this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the joint
committee on government and finance.