2008 Legislation
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HOUSE BILL NO. 445<br /> – Capitol Bldg, project, labor

HOUSE BILL NO. 445

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Bill Status



H0445......................................................by STATE AFFAIRS
CAPITOL BUILDING PROJECTS - Adds to existing law to provide that Chapter
10, Title 44, Idaho Code, shall not apply to the Capitol Building projects.

01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to St Aff
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 62-6-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart, Harwood,
      Henderson, Killen, King, Kren, Labrador, Loertscher, Luker, Marriott,
      Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Patrick, Pence, Raybould, Roberts, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
      Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
      Wood(27), Wood(35), Mr. Speaker
      NAYS -- Bock, Durst, Henbest, LeFavour, Ringo, Ruchti
      Absent and excused -- Jaquet, Lake
    Floor Sponsor - Kren
    Title apvd - to Senate
02/14    Senate intro - 1st rdg - to St Aff
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 27-7-1
      AYES -- Andreason, Bair, Bastian, Broadsword, Cameron, Coiner,
      Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKague,
      McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner
      NAYS -- Bilyeu, Burkett, Kelly, Langhorst, Malepeai(Sagness),
      Stennett, Werk
      Absent and excused -- Gannon
    Floor Sponsor - President Pro Tempore Geddes
    Title apvd - to House
02/27    To enrol - Rpt enrol - Sp signed - Pres signed
02/28    To Governor
03/03    Governor signed
         Session Law Chapter 54
         Effective: 07/01/07;
         06/30/10 Sunset Clause

Bill Text




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

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 445

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO CAPITOL BUILDING PROJECTS; AMENDING CHAPTER 57,  TITLE  67,  IDAHO
  3        CODE,  BY  THE  ADDITION OF A NEW SECTION 67-5711F, IDAHO CODE, TO PROVIDE
  4        THAT CHAPTER 10, TITLE 44, IDAHO CODE, SHALL NOT APPLY TO CAPITOL BUILDING
  5        PROJECTS; DECLARING AN EMERGENCY, PROVIDING FOR  RETROACTIVE  APPLICATION,
  6        PROVIDING A SUNSET DATE AND BARRING PROSECUTION OR PUNISHMENT.

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

  8        SECTION  1.  That  Chapter  57,  Title 67, Idaho Code, be, and the same is
  9    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 10    ignated as Section 67-5711F, Idaho Code, and to read as follows:

 11        67-5711F.  CAPITOL  BUILDING PROJECTS -- CHAPTER 10, TITLE 44, IDAHO CODE,
 12    INAPPLICABLE. Notwithstanding any other provision of law to the contrary,  the
 13    provisions  of  chapter  10, title 44, Idaho Code, shall not apply to any con-
 14    tract to be entered into for any capitol building project or projects, and any
 15    part thereof.

 16        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 17    declared to exist, this act shall be in full force and effect on and after its
 18    passage  and  approval,  and retroactively to July 1, 2007, and shall be null,
 19    void and of no force and effect on and after June 30, 2010;  and  any  act  or
 20    omission  occurring between January 1, 2007, through June 30, 2007, that could
 21    constitute or be prosecuted or punished as a misdemeanor pursuant  to  Section
 22    44-1004,  Idaho  Code,  shall  not be subject to prosecution or punishment and
 23    shall not be prosecuted or punished.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                          RS 17390C1

Chapter 10, title 44, Idaho Code, addresses labor on public 
works projects. The chapter requires that on all public works 
projects, contractors employ 95% Idaho residents (90% for 
smaller contractors). Violation of the 95% requirement is a 
misdemeanor under the chapter. This chapter also prohibits 
employment on public works projects of persons not U.S. citizens 
or eligible to become a citizen.

The 95% rule is negatively impacting the ability to obtain bids 
on work related to the capitol restoration project. Employment 
of illegal aliens is addressed by other statutes and executive 
orders.

This legislation would provide that the provisions of chapter 
10, title 44, Idaho Code do not apply to capitol building 
projects. It has an emergency clause and would be effective 
retroactively beginning July 1, 2007 and would sunset June 30, 
2010. It would also preclude prosecution/punishment for any act 
or omission taking place between January 1, 2007 through June 
30, 2007, that could otherwise be subject to punishment under 
chapter 10, title 44, Idaho Code.



                            FISCAL NOTE

No impact on the General Fund.





CONTACT
Name:	Joanna Guilfoy
Agency:	Administration, Dept. of
Phone:	332-1832


STATEMENT OF PURPOSE/FISCAL NOTE	                   H 445