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H0548...........................................................by BUSINESS ELECTRICAL CONTRACTORS - Amends existing law relating to electrical contractors and journeymen to authorize the administrator to revoke or suspend licenses if a licensee fails to maintain required insurance during the term of active licensure; and to set forth provisions applicable to inactive licenses. 02/06 House intro - 1st rdg - to printing 02/07 Rpt prt - to Bus 02/16 Rpt out - rec d/p - to 2nd rdg 02/17 2nd rdg - to 3rd rdg 02/22 3rd rdg 02/23 PASSED - 51-13-6 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Garrett, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Martinez, Miller, Mitchell, Moyle, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Sayler, Schaefer, Shepherd(2), Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson, Trail, Wills NAYS -- Barrett, Clark, Hart, Harwood, Loertscher, Mathews, McGeachin, McKague, Nielsen, Roberts, Rydalch, Sali, Shepherd(8) Absent and excused -- Brackett, Crow, Field(23), Shirley, Wood, Mr. Speaker Floor Sponsor - Bilbao Title apvd - to Senate 02/24 Senate intro - 1st rdg - to Com/HuRes 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 26-9-0 AYES -- Andreason(Hatch), Broadsword, Bunderson, Burkett, Coiner, Compton, Corder, Davis, Fulcher, Gannon, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Schroeder, Stegner, Stennett, Werk NAYS -- Brandt, Burtenshaw, Cameron, Darrington, Geddes, Pearce, Richardson, Sweet, Williams Absent and excused -- None Floor Sponsor - Stegner Title apvd - to House 03/09 To enrol 03/10 Rpt enrol - Sp signed 03/13 Pres signed 03/14 To Governor 03/15 Governor signed Session Law Chapter 83 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 548 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO ELECTRICAL CONTRACTORS AND JOURNEYMEN; AMENDING SECTION 54-1009, 3 IDAHO CODE, TO AUTHORIZE THE ADMINISTRATOR TO REVOKE OR SUSPEND LICENSES 4 IF A LICENSEE FAILS TO MAINTAIN REQUIRED INSURANCE DURING THE TERM OF 5 ACTIVE LICENSURE AND TO MAKE TECHNICAL CHANGES; AND AMENDING SECTION 6 54-1013, IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE AND TO SET FORTH PRO- 7 VISIONS APPLICABLE TO INACTIVE LICENSES. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 54-1009, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-1009. REVOCATION OR SUSPENSION OF LICENSES -- HEARINGS -- TAKING TES- 12 TIMONY. (1) The administrator shall have power to revoke or suspend any 13 license if the same was obtained through error or fraud, or if the holder 14 thereof is shown to be grossly incompetent, or has willfully violated any of 15 the rules prescribed by the board, or as prescribed in thisactchapter; or 16 has, after due notice, failed or refused to correct, within the specified 17 time, any electrical installation not in compliance with the provisions of 18 thisactchapter, or has failed to pay within the time provided, civil penal- 19 ties which have become final by operation of law., provided,20 (2) The administrator shall have the power to revoke or suspend any elec- 21 trical contractor or electrical specialty contractor license if, at any time 22 during the term of active contractor or specialty contractor licensure, the 23 licensee failed to maintain required liability insurance or applicable wor- 24 ker's compensation insurance. 25 (3) Bbefore any license shall be revoked or suspended, the holder thereof 26 shall have written notice enumerating the charges against him, and shall be 27 given a hearing by said administrator, and have an opportunity to produce tes- 28 timony in his behalf, at a time and place specified in said notice, which time 29 shall not be less than five (5) days after the service thereof. 30 (a) The proceedings shall be governed by the provisions of chapter 52, 31 title 67, Idaho Code. 32 (b) Any party aggrieved by the action of the administrator shall be enti- 33 tled to judicial review thereof in accordance with the provisions of chap- 34 ter 52, title 67, Idaho Code. 35 (4) The administrator shall have the power to appoint, by an order in 36 writing, a hearing officer to take testimony, who shall have power to adminis- 37 ter oaths, issue subpoenas and compel the attendance of witnesses, and the 38 decision of the administrator shall be based on his examination of the testi- 39 mony taken and the records produced. Any person whose license has been revoked 40 may, after the expiration of one (1) year from the date of such revocation, 41 but not before, apply for a new license. 42 SECTION 2. That Section 54-1013, Idaho Code, be, and the same is hereby 2 1 amended to read as follows: 2 54-1013. RENEWAL OF LICENSES -- INACTIVE LICENSES. (1) A license once 3 issued under this chapter, unless revoked or suspended as herein provided, may 4 be renewed at any time during the final month of the licensing period on the 5 payment of the renewal fee herein specified, proof of satisfaction of the con- 6 tinuing education requirements as established by the electrical board, and 7 provided that all outstanding civil penalties, and permit or other fees, have 8 been paid in full, and all outstanding correction notices have been satisfac- 9 torily resolved. For electrical contractors and specialty electrical contrac- 10 tors, proof of liability insurance in the amount of three hundred thousand 11 dollars ($300,000) shall also be required, and proof of worker's compensation 12 insurance shall be required if applicable. 13 (2) Any license which has expired may be revived at any time within one 14 (1) year from the first day of the final month of the licensing period, by 15 payment of the revival fee herein specified, together with all outstanding 16 civil penalties, and permit or other fees and penalties, and upon proof that 17 outstanding correction notices have been satisfactorily resolved. For electri- 18 cal contractors and specialty electrical contractors, proof of liability 19 insurance in the amount of three hundred thousand dollars ($300,000) shall 20 also be required, and proof of worker's compensation insurance shall be 21 required if applicable. 22 (3) Certificates of competency issued prior to July 1, 1961, shall, for 23 the purpose of this chapter, be considered as licenses and may be renewed or 24 revived as herein provided. 25 (4) The administrator may renew, on an inactive basis, the license of an 26 electrical contractor or specialty contractor who is not engaged in electrical 27 contracting in this state. The board shall fix and collect an inactive license 28 fee for such an inactive license renewal in an amount not to exceed one hun- 29 dred fifty dollars ($150). Each inactive license shall be issued for a period 30 of one (1) year. An electrical contractor or specialty contractor holding an 31 inactive license may not engage in the practice of electrical contracting or 32 specialty contracting in this state. If an electrical contractor or specialty 33 contractor wishes to convert his inactive license to an active license, he may 34 do so by paying a processing fee of thirty dollars ($30.00) and providing 35 proof of the required liability insurance and applicable worker's compensation 36 insurance.
STATEMENT OF PURPOSE RS 15362 The proposed legislation will modify Idaho Code to allow for the institution of an "inactive" category for electrical contractor licenses. This provision will allow current holders of electrical contractor's licenses who are not actively engaged in the industry to avoid the requirement for liability insurance as stated in Section 54-1003A(1), Idaho Code. Subsequent to the passage of House Bill No. 139 during the 2005 legislative session, it was discovered that many current holders of electrical contractor's licenses are not actively engaged as contractors, and imposing the liability insurance requirement on an "inactive" license holder poses and undue hardship. Forcing the license holder to drop his contractor license to avoid the insurance requirement would also impose a hardship as the holder would have to retake the contractor examination to requalify for the electrical contractor's license. The electrical contractor license would have to be activated before acting in the capacity if an electrical contractor. FISCAL NOTE There will be no fiscal impact from the passage of this legislation. CONTACT Name: Steve Keys, Bureau Chief Agency: Division of Building Safety Phone: 332-8986 STATEMENT OF PURPOSE/FISCAL NOTE H 548