2001 Legislation
Print Friendly

SENATE BILL NO. 1138 – Hwy construction, subcontractors

SENATE BILL NO. 1138

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1138.....................................................by TRANSPORTATION
HIGHWAY CONSTRUCTION - Amends existing law to provide that general
contractors shall not be required to name subcontractors on bids submitted
for certain highway construction projects.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1138
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SUBCONTRACTORS LISTED ON BID OF GENERAL CONTRACTOR; AMENDING  SEC-
  3        TION 67-2310, IDAHO CODE, TO PROVIDE THAT GENERAL CONTRACTORS SHALL NOT BE
  4        REQUIRED TO NAME SUBCONTRACTORS ON BIDS SUBMITTED FOR HIGHWAY CONSTRUCTION
  5        PROJECTS IN WHICH WORK ON PLUMBING, HEATING AND AIR-CONDITIONING, OR ELEC-
  6        TRICAL SYSTEMS WILL BE SUBCONTRACTED.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section 67-2310, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        67-2310.  SUBCONTRACTORS TO BE LISTED ON  BID  OF  GENERAL  CONTRACTOR  --
 11    EXCEPTIONS.  (1)  Hereafter, before the state of Idaho, the separate counties,
 12    cities, towns, villages or school districts within the state  of  Idaho  shall
 13    let contracts for the construction, alteration or repair of any and all build-
 14    ings,  improvements  or  public  works,  and  such construction, alteration or
 15    repair requires plumbing, heating and  air-conditioning  work,  or  electrical
 16    work, the general contractor shall be required to include in his bid the name,
 17    or  names  and  address, or addresses, of the subcontractors who shall, in the
 18    event the contractor secures the contract, subcontract the  plumbing,  heating
 19    and  air-conditioning  work,  and  electrical work under the general contract.
 20    Provided however, the provisions of this subsection requiring  the  naming  of
 21    subcontractors  shall  not  apply  to  bids submitted for highway construction
 22    projects.
 23        (2)  No general contractor shall name any subcontractor in his bid  unless
 24    the  general contractor has received communication from the subcontractor. For
 25    the purposes of this section, "communication" shall include  telephone,  mail,
 26    facsimile  machine, in person, or by computer using the internet or a bid ser-
 27    vice.
 28        (3)  In the event a general contractor secures the contract,  and  if  the
 29    general  contractor  and  a  named  subcontractor cannot finalize the terms of
 30    agreement between them for any reason other than cost, the general  contractor
 31    shall  name another subcontractor by written notification within ten (10) days
 32    of being awarded the public works contract. The general contractor shall  dis-
 33    close to the public entity the cost for work to be performed by the substitute
 34    subcontractor.  If  the  amount  of the substitute subcontractor's bid is less
 35    than the original subcontractor's bid, the reduction in cost shall  be  passed
 36    through to the benefit of the public entity which awarded the contract.
 37        (4)  This act shall not apply to the construction, alteration or repair of
 38    public buildings under the jurisdiction of the board of regents of the Univer-
 39    sity of Idaho.
 40        (5)  This  act shall have no application to the preparation and submission
 41    of plans and specifications pursuant to statute or local ordinance.
 42        (6)  Failure to name subcontractors as required by this section shall ren-
 43    der any bid submitted by a general contractor unresponsive and void.
                                                                        
                                           2
                                                                        
  1        (7)  At the time subcontractors are named in accordance  with  the  provi-
  2    sions  of this section, they must possess the appropriate licenses or certifi-
  3    cates of competency issued by the state of Idaho covering the contractor  work
  4    classification in which each respective subcontractor is named.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                               
                           RS 11012
                               
It is the intent of this legislation to exempt bids on highway
construction projects from the requirement that subcontractors 
names and addresses be listed for plumbing, heating, air
conditioning, or electrical work, since such a small number of
highway projects deal with these types of work.

                         FISCAL IMPACT
                               
None                            


Contact
      Name: Senator Evan Frasure
        Phone:  332 1315























STATEMENT OF PURPOSE/FISCAL NOTE                   S 1138