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S1408.......................................by COMMERCE AND HUMAN RESOURCES
OCCUPATIONAL LICENSING BOARDS - Amends existing law to provide that the
Bureau of Occupational Licensing may formulate rules for adoption by the
several boards for which the bureau acts as agent which allow the boards to
recover costs and fees incurred in investigating and prosecuting a licensee
for a violation of laws or rules and establishing a schedule of civil fines
not to exceed $1,000 which may be imposed on a licensee for a violation of
laws or rules; and to provide for deposit of civil fines in the Bureau of
Occupational Licensing Account.
02/06 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Com/HuRes
02/13 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 24-8-3
AYES--Andreason, Boatright, Bunderson, Cameron, Crow, Danielson,
Deide, Dunklin, Hansen, Ingram, Ipsen, Keough, McLaughlin, Noh,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne,
Wheeler, Whitworth
NAYS--Branch, Burtenshaw, Darrington, Frasure, King, Lee, Parry,
Richardson
Absent and excused--Geddes, Hawkins, Twiggs
Floor Sponsor - McLaughlin
Title apvd - to House
02/20 House intro - 1st rdg - to Bus
03/18 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/19 Rls susp - PASSED - 52-14-4
AYES -- Barraclough, Bell, Bieter, Black(15), Boe, Bruneel, Clark,
Crane, Crow, Cuddy, Deal, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Linford, Loertscher, Mader, Meyer, Miller, Mortensen, Newcomb,
Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali,
Schaefer, Stevenson, Stone, Taylor, Tilman, Tippets, Trail,
Zimmermann, Mr Speaker
NAYS -- Barrett, Bivens, Black(23), Callister, Chase, Denney, Kunz,
Lake, Marley, McKague, Stoicheff, Stubbs, Wheeler, Wood
Absent and excused -- Alltus, Campbell, Ellsworth, Watson
Floor Sponsor - Black(15)
Title apvd - to Senate
03/20 To enrol - rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/30 Governor signed
Session Law Chapter 419
Effective: 07/01/98
S1408|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1408 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE BUREAU OF OCCUPATIONAL LICENSES; AMENDING SECTION 67-2609, 3 IDAHO CODE, TO DELETE OBSOLETE TERMINOLOGY, TO PROVIDE THAT THE BUREAU MAY 4 FORMULATE RULES FOR ADOPTION BY THE SEVERAL BOARDS FOR WHICH THE BUREAU 5 ACTS AS AGENT ALLOWING THE BOARDS TO RECOVER COSTS AND FEES INCURRED IN 6 INVESTIGATING AND PROSECUTING A LICENSEE FOR A VIOLATION OF LAWS OR RULES 7 AND ESTABLISHING A SCHEDULE OF CIVIL FINES NOT TO EXCEED ONE THOUSAND DOL- 8 LARS WHICH MAY BE IMPOSED ON A LICENSEE FOR A VIOLATION OF LAWS OR RULES, 9 AND TO PROVIDE FOR DEPOSIT OF CIVIL FINES IN THE BUREAU OF OCCUPATIONAL 10 LICENSING ACCOUNT. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 67-2609, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 67-2609. REGISTRATION OF OCCUPATIONS. (a) The bureau of occupational 15 licenses shall wherever the several laws regulating professions, trades and 16 occupations which are devolved upon the bureau for administration so require 17 or pursuant to written agreement as provided in section 67-2604, Idaho Code, 18 exercise, in its name, or as authorized agent, but subject to the provisions 19 of this chapter, the following powers: 20 (1) To conduct examinations to ascertain the qualifications and fitness 21 of applicants to exercise the profession, trade or occupation for which an 22 examination is held; to pass upon the qualifications of applicants for 23 reciprocal licenses, certificates and authorities. 24 (2) To prescribe rulesand regulationsfor a fair and wholly 25 impartial method of examination of candidates to exercise the respective 26 professions, trades or occupations. 27 (3) To prescribe rulesand regulationsdefining, for the 28 respective professions, trades and occupations, what shall constitute a 29 school, college or university, or department of a university, or other 30 institution, reputable and in good standing and to determine the 31 reputability and good standing of a school, college or university, or 32 department of a university, or other institution, by reference to a com- 33 pliance with such rules .and regulations.34 (4) To establish a standard of preliminary education deemed requisite to 35 admission to a school, college or university, and to require satisfactory 36 proof of the enforcement of such standard by schools, colleges and univer- 37 sities. 38 (5) To conduct hearings on proceedings to revoke or refuse renewal of 39 licenses, certificates or authorities of persons exercising the respective 40 professions, trades or occupations, and to revoke or refuse to renew such 41 licenses, certificates or authorities. 42 (6) To formulate rules for adoption by the boards allowing the 43 boards to recover costs and fees incurred in the investigation and prose- 2 1 cution of a licensee in accordance with the contested case provisions of 2 chapter 52, title 67, Idaho Code, for a violation of laws or rules of the 3 boards. 4 (7) To formulate rules for adoption by the boards establishing a schedule 5 of civil fines which may be imposed upon a licensee prosecuted in accor- 6 dance with the contested case provisions of chapter 52, title 67, Idaho 7 Code, for a violation of laws or rules of the boards. Any civil fine col- 8 lected by a board for a violation of its laws or rules shall not exceed 9 one thousand dollars ($1,000) and shall be deposited in the bureau of 10 occupational licensing account. 11 (8) To formulate rulesand regulationswhen required 12 in any act to be administered. 13 (b) None of the above enumerated functions and duties shall be exercised 14 by the bureau of occupational licenses except upon the action and report in 15 writing of persons designated from time to time by the chief of the bureau of 16 occupational licenses to take such action and to make such report, for the 17 respective professions, trades and occupations.
RS07844
STATEMENT OF PURPOSE
Amend existing statute by deleting obsolete terminology,
to provide that the Boards that contract with the Bureau
may recover costs and fees incurred in the investigation
and prosecution of a licensee, to provide that the Boards
that contract with the Bureau may promulgate rules
establishing a schedule of civil fines which may be
imposed upon a licensee prosecuted in accordance with
Chapter 52, Title 67. Any civil fine collected by a board
shall not exceed $1,000.
FISCAL IMPACT
There is no fiscal impact to the General Fund. The funds
collected under this statute are intended to shift some
of the financial burden of prosecutions from licensees in
general to those licensees that are directly causing the
cost of investigations and prosecutions to be
substantially increased.
There is no fiscal impact on licensees in general. Only
the five percent or so of licensees who are prosecuted and
sanctioned by the board would be affected.
The fiscal impact of the cost recovery provision would
vary depending on the length of any hearing, the number
of witnesses involved, and other costs that are not
readily measured in advance.
The fiscal impact of approving fining authority could
not exceed $1,000 per violation.
CONTACT Name: Carmen Westberg
Agency: Bureau of Occupational
Licenses
Phone: 334-3233
STATEMENT OF PURPOSE/FISCAL NOTE
BILL NO S1408