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.