HOUSE BILL NO. 476

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Bill Status



H0476...........................................................by BUSINESS
PUBLIC WORKS CONTRACTORS - Amends existing law relating to public works
contractors to provide for a Class Unlimited license; to provide for
qualifications for a Class Unlimited license; to revise the qualifications
for certain other classes of licenses; to provide that specified bids, with
an exception, must not exceed the estimated cost or bid limit of the
license held; to require that the aggregate total of bids include all bids
of subcontractors; and to provide that subcontractors' bids must not be
considered a separate item for the purpose of computing the bid on a public
works project.

02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Bus
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 64-2-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(08), Shirley,
      Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson, Thayn,
      Thomas, Trail, Vander Woude, Wood(27), Mr. Speaker
      NAYS -- Harwood, Wood(35)
      Absent and excused -- Bedke, Lake, Shepherd(02), Wills
    Floor Sponsor - Rusche
    Title apvd - to Senate
02/29    Senate intro - 1st rdg - to Com/HuRes
03/14    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Pearce
    Floor Sponsor - Goedde
    Title apvd - to House
03/18    To enrol - Rpt enrol - Sp signed
03/19    Pres signed
03/20    To Governor
03/25    Governor signed
         Session Law Chapter 254
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 476

                                   BY BUSINESS COMMITTEE

  1                                        AN ACT
  2    RELATING TO PUBLIC WORKS CONTRACTORS; AMENDING SECTION 54-1904, IDAHO CODE, TO
  3        PROVIDE FOR A CLASS UNLIMITED LICENSE, TO PROVIDE FOR  THE  QUALIFICATIONS
  4        FOR  A  CLASS  UNLIMITED LICENSE, TO REVISE THE QUALIFICATIONS FOR CERTAIN
  5        OTHER CLASSES OF LICENSES, TO PROVIDE THAT SPECIFIED BIDS, WITH AN  EXCEP-
  6        TION, MUST NOT EXCEED THE ESTIMATED COST OR BID LIMIT OF THE LICENSE HELD,
  7        TO  REQUIRE  THAT  THE AGGREGATE TOTAL OF BIDS INCLUDE ALL BIDS OF SUBCON-
  8        TRACTORS, TO PROVIDE THAT SUBCONTRACTOR BIDS MUST NOT BE CONSIDERED A SEP-
  9        ARATE ITEM FOR THE PURPOSE OF COMPUTING THE BID ON A  GIVEN  PUBLIC  WORKS
 10        PROJECT AND TO MAKE TECHNICAL CORRECTIONS.

 11    Be It Enacted by the Legislature of the State of Idaho:

 12        SECTION  1.  That  Section 54-1904, Idaho Code, be, and the same is hereby
 13    amended to read as follows:

 14        54-1904.  CLASSES OF LICENSES -- RIGHTS GRANTED UNDER  LICENSES  --  FEES.
 15    (1)  There shall be six seven (67) classes of licenses issued under the provi-
 16    sions of this chapter which are hereby designated as Classes  Unlimited,  AAA,
 17    AA,  A,  B,  C and D, the maximum fee for which shall be as hereinafter speci-
 18    fied. Each applicant for a license shall specify the class of license  applied
 19    for in his application.
 20        (2)  For  the  purpose  of  licensing  public works contractors under this
 21    chapter the board may adopt rules necessary to  determine  the  classification
 22    according to their responsibility, and the type and scope of the operations of
 23    a  licensed  contractor  to  those  in which he is classified and qualified to
 24    engage as in this chapter provided.
 25        (3)  The license classes shall be as follows:
 26        (a)  Class "Unlimited" license. Any contractor whose qualifications, abil-
 27        ity and responsibility to execute contracts for public works involving  an
 28        estimated  cost  of  more than five million dollars ($5,000,000) may, upon
 29        application and payment of a license fee not to exceed six hundred dollars
 30        ($600), be granted a Class "Unlimited" license and be so classified by the
 31        board in accordance with the provisions of this chapter. The holder  of  a
 32        Class  "Unlimited" license shall be entitled to engage in the public works
 33        contracting business in this  state  as  provided  in  said  license.  The
 34        renewal  fee  for a Class "Unlimited" license shall not exceed six hundred
 35        dollars ($600). An applicant requesting a  Class  "Unlimited"  license  in
 36        heavy,  highway,  specialty  or building construction shall have a minimum
 37        net worth of one million dollars ($1,000,000) with  six  hundred  thousand
 38        dollars ($600,000) in working capital.
 39        (b)  Class "AAA" license. Any contractor whose qualifications, ability and
 40        responsibility  to  execute  contracts for public works involving an esti-
 41        mated cost of not more than three five million dollars ($35,000,000)  may,
 42        upon  his  application and the payment of a license fee not to exceed five
 43        hundred dollars ($500), be granted a Class "AAA" license and be so classi-

                                       2

  1        fied by the board in accordance with the provisions of this  chapter.  The
  2        holder  of a Class "AAA" license shall be entitled to engage in the public
  3        works contracting business in the state as provided in said  license.  The
  4        renewal  fee  for a Class "AAA" license shall not exceed five hundred dol-
  5        lars ($500).
  6        (c)  Class "AA" license. Any contractor whose qualifications, ability  and
  7        responsibility to execute contracts for public works  involving  an  esti-
  8        mated  cost  of not more than three million dollars ($3,000,000) may, upon
  9        his application and the payment of a license fee not to exceed  four  hun-
 10        dred  dollars ($400), be granted a Class "AA" license and be so classified
 11        by the board in accordance with the provisions of this chapter. The holder
 12        of a Class "AA" license shall be entitled to engage in  the  public  works
 13        contracting business in the state as provided in said license. The renewal
 14        fee for a Class "AA" license shall not exceed four hundred dollars ($400).
 15        (d)  Class  "A"  license. Any contractor whose qualifications, ability and
 16        responsibility to execute contracts for public works  involving  an  esti-
 17        mated cost of not more than one million two hundred fifty thousand dollars
 18        ($1,00250,000)  may, upon his application and the payment of a license fee
 19        not to exceed three hundred dollars ($300), be granted a Class "A" license
 20        and be so classified by the board in accordance  with  the  provisions  of
 21        this  chapter.  The  holder  of  a  Class "A" license shall be entitled to
 22        engage in the public works contracting business in the state  as  provided
 23        in  said license. The renewal fee for a Class "A" license shall not exceed
 24        three hundred dollars ($300).
 25        (e)  Class "B" license. Any contractor whose qualifications,  ability  and
 26        responsibility  to  execute  contracts for public works involving an esti-
 27        mated cost of not more than five six hundred thousand dollars ($5600,000),
 28        may, upon his application and the payment of a license fee not  to  exceed
 29        one  hundred fifty dollars ($150) be granted a Class "B" license and be so
 30        classified by the board in accordance with the provisions of this chapter.
 31        The holder of a Class "B" license shall be entitled to engage in the  pub-
 32        lic  works  contracting business in the state as provided in said license.
 33        The renewal fee for a Class "B" license shall not exceed one hundred fifty
 34        dollars ($150).
 35        (f)  Class "C" license. Any contractor whose qualifications,  ability  and
 36        responsibility  to  execute  contracts for public works involving an esti-
 37        mated cost of not more than one two hundred thousand dollars  ($1200,000),
 38        may,  upon  his application and the payment of a license fee not to exceed
 39        one hundred dollars ($100), be granted a Class "C" license and be so clas-
 40        sified by the board in accordance with the provisions of this chapter. The
 41        holder of a Class "C" license shall be entitled to engage  in  the  public
 42        works  contracting  business in the state as provided in said license. The
 43        renewal fee for a Class "C" license shall not exceed one  hundred  dollars
 44        ($100).
 45        (g)  Class  "D"  license. Any contractor whose qualifications, ability and
 46        responsibility to execute contracts for public works  involving  an  esti-
 47        mated  cost  of  not more than fifty thousand dollars ($50,000), may, upon
 48        his application and the payment of a license fee not to exceed fifty  dol-
 49        lars  ($50.00), be granted a Class "D" license and be so classified by the
 50        board in accordance with the provisions of this chapter. The holder  of  a
 51        Class  "D"  license  shall  be entitled to engage in the public works con-
 52        tracting business in the state as provided in said  license.  The  renewal
 53        fee for a Class "D" license shall not exceed fifty dollars ($50.00).
 54        (4)  The  board  shall be vested with the power to fix annually the amount
 55    of the original and renewal license fees for each class  of  license  for  the

                                       3

  1    ensuing  license year. The amount of the license fee so fixed shall not exceed
  2    the maximum fee set forth in this section.
  3        (5)  Each license issued by the administrator shall clearly  indicate  the
  4    type  and  scope of work for which the licensee is qualified and licensed. The
  5    holder of the license shall be permitted to submit proposals for  and  perform
  6    only  those  types  of  work specified in each  license. The administrator may
  7    extend the permissible type or scope of work to be done under any license when
  8    it is determined by the administrator that the  applicant  meets  all  of  the
  9    requirements of this chapter to qualify him to do such other work.
 10        (6)  The  total  of any single bid on a given public works project, or the
 11    aggregate total of any split bids, or the aggregate of any base  bid  and  any
 12    alternate  bid items, or the aggregate total of any separate bid by a licensee
 13    of any class, except Class "Unlimited," shall not exceed the estimated cost or
 14    bid limit of the class of license held by the licensee. The aggregate total of
 15    bids shall include all bids of subcontractors. Subcontractor bids shall not be
 16    considered a separate bid for the purposes of computing the  bid  on  a  given
 17    public works project.

Statement of Purpose / Fiscal Impact


                 STATEMENT OF PURPOSE

                       RS 17406

The proposed legislation will revise Section 54-1904, Idaho 
Code, to establish new limits recognizing the impact of 
inflation on the various classes of licenses.  It will also 
establish a new “unlimited” for very large projects.




                      FISCAL NOTE

The proposed legislation will not result in any fiscal impact to 
the state General Fund.







CONTACT
Name:	Steve Keys
Agency:	Building Safety
Phone:	332-8986


STATEMENT OF PURPOSE/FISCAL NOTE	                  H 476