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H0062........................................................by MR. SPEAKER
Requested by Public Works Contractors State License Board
PUBLIC WORKS CONTRACTORS LICENSE BOARD - Amends existing law to provide
definitions; to clarify licensing of limited liability companies and
limited liability partnerships; to increase bid limits; and to make
technical corrections.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Bus
02/26 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 62-0-8
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Chase, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake,
Limbaugh, Linford, Loertscher, Marley, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Callister, Campbell, Crow, Geddes, Kellogg,
Mader, Schaefer, Mr Speaker
Floor Sponsor - Deal
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Com/HuRes
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Davis
Title apvd - to House
03/17 To enrol
03/18 Rpt enrol - Sp signed - Pres signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 201
Effective: 07/01/99
H0062|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 62 BY MR. SPEAKER Requested by: Public Works Contractors State License Board 1 AN ACT 2 RELATING TO PUBLIC WORKS CONTRACTORS; AMENDING SECTION 54-1901, IDAHO CODE, TO 3 CLARIFY DEFINITIONS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 4 54-1902, IDAHO CODE, TO PROHIBIT SUBCONTRACTING IN EXCESS OF EIGHTY PER- 5 CENT OF THE WORK TO BE PERFORMED AND TO MAKE TECHNICAL CORRECTIONS; AMEND- 6 ING SECTION 54-1903, IDAHO CODE, TO PROVIDE A REFERENCE TO DRAINAGE DIS- 7 TRICTS; AMENDING SECTION 54-1904, IDAHO CODE, TO INCREASE BID LIMITS AND 8 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1904B, IDAHO CODE, TO 9 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-1904D, IDAHO CODE, TO 10 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-1904E, IDAHO CODE, TO 11 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1905, IDAHO CODE, TO 12 DELETE THE AUTHORITY TO DESIGNATE THE BUREAU OF OCCUPATIONAL LICENSES AS 13 AN AGENT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1906, 14 IDAHO CODE, TO DELETE OBSOLETE LANGUAGE REGARDING AN INITIAL MEETING AND 15 ORGANIZATION; AMENDING SECTION 54-1907, IDAHO CODE, TO PROVIDE FOR 16 APPOINTMENT OF AN EXECUTIVE DIRECTOR INSTEAD OF A REGISTRAR OF CONTRACTS 17 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1908, IDAHO CODE, 18 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1910, IDAHO CODE, TO 19 PROVIDE REFERENCES TO LIMITED LIABILITY COMPANIES AND LIMITED LIABILITY 20 PARTNERSHIPS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1911, 21 IDAHO CODE, TO DELETE OBSOLETE LANGUAGE REGARDING MEETINGS, TO PROVIDE FOR 22 NOTIFICATION BY CERTIFIED MAIL AND TO DELETE AN OBSOLETE REFERENCE TO 23 MEETINGS; AMENDING SECTION 54-1912, IDAHO CODE, TO PROVIDE REFERENCES TO 24 LIMITED LIABILITY COMPANIES AND LIMITED LIABILITY PARTNERSHIPS AND TO MAKE 25 TECHNICAL CORRECTIONS; AMENDING SECTION 54-1913, IDAHO CODE, TO DELETE A 26 STATEMENT THAT ALL FINANCIAL INFORMATION SUBMITTED BY APPLICANTS IS SUB- 27 JECT TO DISCLOSURE, TO DELETE A REQUIREMENT THAT INFORMATION BE FURNISHED 28 TO THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE FOR PUBLICATION OF A LIST 29 OF LICENSED CONTRACTORS AND TO DELETE A REQUIREMENT FOR PUBLICATION OF 30 LICENSES ISSUED, SUSPENDED OR REVOKED; AMENDING SECTION 54-1914, IDAHO 31 CODE, TO PROVIDE FOR DISCIPLINARY PROCEEDINGS FOR CONSPIRING WITH AN UNLI- 32 CENSED PERSON AND FOR WILLFUL FAILURE OR REFUSAL TO FINISH A PROJECT, TO 33 DELETE A REFERENCE TO BANKRUPTCY AND TO MAKE TECHNICAL CORRECTIONS; AMEND- 34 ING SECTION 54-1914A, IDAHO CODE, TO PROVIDE FOR NOTIFICATION BY CERTIFIED 35 MAIL; AMENDING SECTION 54-1915, IDAHO CODE, TO PROVIDE FOR SERVICE AND 36 NOTICE BY CERTIFIED MAIL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 37 TION 54-1916, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 38 54-1918, IDAHO CODE, TO DELETE A REFERENCE TO COURTS OF RECORD; AMENDING 39 SECTION 54-1919, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 40 TION 54-1920, IDAHO CODE, TO PROVIDE REFERENCES TO LIMITED LIABILITY COM- 41 PANIES AND LIMITED LIABILITY PARTNERSHIPS AND TO MAKE TECHNICAL CORREC- 42 TIONS; AMENDING SECTION 54-1921, IDAHO CODE, TO PROVIDE FOR CERTIFICATION 43 BY THE CHAIRMAN OF THE BOARD; AMENDING SECTION 54-1922, IDAHO CODE, TO 44 DELETE A REFERENCE TO LAWS ENACTED AT THE TWENTY-SIXTH SESSION OF THE LEG- 45 ISLATURE; AND AMENDING SECTION 54-1924, IDAHO CODE, TO DELETE A LEGISLA- 46 TIVE DECLARATION. 2 1 Be It Enacted by the Legislature of the State of Idaho: 2 SECTION 1. That Section 54-1901, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 54-1901. DEFINITIONS. For the interpretation of this act, unless the con- 5 text indicates a different meaning: 6 (a) "Person" includes any individual, firm, copartnership, corporation, 7 limited liability company, limited liability partnership, associ- 8 ation or other organization, or any combination thereof acting as a unit. 9 (b) "Public works contractor," which term is synonymous with the term 10 "builder," "sub-contractor" and "specialty contractor," and in this act 11 referred to as "contractor" or "licensee," includes any person who, in any 12 capacity, undertakes, or offers to undertake, or purports to have the capacity 13 to undertake any construction, repair or reconstruction of any public work, or 14 submits a proposal to, or enters into a contract with, the state of Idaho, or 15 any county, city,town, village,school district,irriga-16tion district, drainage district,sewer district, fire district, or any 17 other taxing subdivision or district of any public or quasi-public corporation 18 of the state, or with any agency ,of any thereof,or 19 with any other public board, body, commission, department or agency, or offi- 20 cer or representative thereof, authorized to let or award contracts for the 21 construction, repair or reconstruction of any public work. 22 (c) "Public works construction" includes any or all of the following 23 branches: 24 (1) Heavy construction, which is defined as constructing substantially in 25 its entirety any fixed works and structures (not including "building con- 26 struction"), without limitation, for any or all of the following divisions 27 of subjects: irrigation, drainage, sanitation,sewerage28 sewage , water power, water supply, reservoirs, flood control, rec- 29 lamation, inland waterways, railroads, grade separations,subways,30track elevation, elevated highways, hydro-electric developments, 31 aqueducts, transmission lines, duct lines, pipelines, locks, dams, dykes, 32 levees, revetments, channels, channel cutoffs, intakes, drainage, excava- 33 tion and disposal of earth and rocks, foundations, piers, abutments, 34 retaining walls, viaducts, shafts, tunnels, airports, air bases and 35 airways, and other facilities incidental to the same; 36 (2) Highway construction, which is defined as all work included in high- 37 way construction contracts, including, without limitation, highways, 38 roads, streets, bridges, tunnels, sewer and street grading, street paving, 39 curb setting, surfacing and other facilities incidental to any of the 40 same; 41 (3) Building construction, which is defined as all work in connection 42 with any structure now built, being built, or hereafter built, for the 43 support, shelter and inclosure of persons, chattels, personal and movable 44 property of any kind, requiring in its construction the use of more than 45 two (2) unrelated building trades or crafts. 46 (4) Specialty construction, which is defined as any work in connection 47 with any public works construction, requiring special skill and the use of 48 specially skilled trades or crafts. 49 (d) "Board" means the board created by this act under the name of "public 50 works contractorsstatelicense board." 51 (e) "RegistrarExecutive director " means the 52 person appointed as such under this act. 53 (f) "Year" means the fiscal year ending June 30, each year. 3 1 (g) "Federal aid funds" mean s a direct grant in aid, match- 2 ing funds, or loan from an agency of the federal government and designated for 3 a specific public works project. Revenue sharing funds, federal impact funds, 4 timber stumpage fees, and similar indirect allowances and subsidies not desig- 5 nated for a specific public works project shall not be regarded as "federal 6 aid funds" within the meaning of this section. 7 (h) "Government obligation" means a public debt obligation of the United 8 States government or the state of Idaho and an obligation whose principal and 9 interest is unconditionally guaranteed by the United States government or the 10 state of Idaho. 11 (i) "Public entity" means the state of Idaho, or any county, city, school 12 district, sewer district, fire district, or any other taxing subdivision or 13 district of any public or quasi-public corporation of the state, or any agency 14 thereof, or with any other public board, body, commission, department or 15 agency, or officer or representative thereof. 16 (j) "Bid" or "bidder" means any proposal submitted by a public works con- 17 tractor to a public entity in competitive bidding for the construction, alter- 18 ation, repair or improvement of any public works construction. 19 SECTION 2. That Section 54-1902, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 54-1902. UNLAWFUL TO ENGAGE IN PUBLIC WORKS CONTRACTING WITHOUT LICENSE. 22 It shall be unlawful for any person to engage in the business or act in the 23 capacity of a public works contractor within this state without first obtain- 24 ing and having a license ,therefor, as herein provided,25unless such person is particularly exempted as provided in this 26 act, or. It shall be unlawful for any public works 27 contractor to subcontract in excess of eightyper centper- 28 cent (80%) of the work under any contract to be performed by him as 29 such public works contractor according to the contract prices therein set 30 forth, unless otherwise provided in the specifications of such contracts. Nor 31 shall a public works contractor accept a bid from any person who at that time 32 does not possess the appropriate license for the project involved. Nor shall a 33 public works contractor accept bids to sublet any part of any contract for 34 specialty construction from a specialty contractor who at that time does not 35 possess the appropriate license in accordance with this act; provided, how- 36 ever, that no contractor shall be required to have a license under this act in 37 order to submit a bid or proposal for contracts for public works financed in 38 whole or in part by federal aid funds, but at or prior to the award and execu- 39 tion of any such contract by the state of Idaho, or any other contracting 40 authority mentioned in this act, the successful bidder shall secure a license 41 as provided in this act. 42 SECTION 3. That Section 54-1903, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 54-1903. EXEMPTIONS. This act shall not apply to: 45 (a) An authorized representative of the United States government, the 46 state of Idaho, or any incorporated town, city, county, irrigation district, 47 reclamation district or other municipal or political corporation or subdivi- 48 sion of this state. 49 (b) Officers of a court when they are acting within the scope of their 50 office. 51 (c) Public utilities operating under the jurisdiction of the public util- 4 1 ities commission of the state of Idaho on construction, maintenance and devel- 2 opment work incidental to their own business. 3 (d) The sale or installation of any finished products, materials or arti- 4 cles of merchandise, which are not actually fabricated into and do not become 5 a permanent fixed part of the structure. 6 (e) Any construction, alteration, improvement or repair of personal prop- 7 erty. 8 (f) Any construction, alteration, improvement or repair carried on within 9 the limits and boundaries of any site or reservation, the title of which rests 10 in the federal government. 11 (g) Any construction or operation incidental to the construction and 12 repair of irrigation and drainage ditches of regularly constituted irrigation 13 districts , drainage districts or reclamation districts, except 14 when performed by a person required to be licensed under this act. 15 (h) Duly licensed architects, civil engineers, and land surveyors when 16 acting solely in their professional capacity. 17 (i) Any construction, alteration, improvement or repair involving an 18 estimated cost of less than five thousand dollars ($5,000). 19 (j) Any construction, operation, alteration or maintenance of a solid 20 waste disposal site including those operated by, for, or at the direction of a 21 city or a county. 22 (k) Any construction, operation or repair carried on in response to an 23 emergency that has been officially declared by the governor pursuant to the 24 provisions of chapter 10, title 46, Idaho Code, or an emergency that has been 25 declared by a governing body (city or county) in anticipation of a governor's 26 declaration, for a period of time not to exceed seven (7) calendar days. 27 SECTION 4. That Section 54-1904, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 54-1904. CLASSES OF LICENSES -- RIGHTS GRANTED UNDER LICENSES -- FEES. 30 There shall be six (6) classes of licenses issued under the provisions of this 31 act which are hereby designated as Classes AAA, AA, A, B, C and D, the maximum 32 fee for which shall be as hereinafter specified .and in33lieu of all other license taxes.Each applicant for a license34hereundershall specify the class of license applied for in his appli- 35 cation. 36 For the purpose of licensing public works contractors under this act the 37 board may adopt rules necessary to determine the classification according to 38 their responsibility, and the type and scope of the operations of a licensed 39 contractor to those in which he is classified and qualified to engage as in 40 this act provided. 41 Class "AAA" license. Any contractor whose qualifications, ability and 42 responsibility to execute contracts for public works involving an estimated 43 cost of more thanonethree million dollars ($4413 ,000,000) may, upon his application and the payment of a 45 license feeofnot to exceed one hundred fifty dollars ($150), be 46 granted a Class "AAA" license and be so classified by the board in accordance 47 with the provisions of this act. The holder of a Class "AAA" license shall be 48 entitled to engage in the public works contracting business in the state as 49 provided in said license. The renewal fee for a Class "AAA" license shall not 50 exceed one hundred fifty dollars ($150). 51 Class "AA" license. Any contractor whose qualifications, ability and 52 responsibility to execute contracts for public works involving an estimated 53 cost of not more thanonethree million dollars 5 1 ($13 ,000,000) may, upon his application and the pay- 2 ment of a license feeofnot to exceed one hundred fifty dollars 3 ($150), be granted a Class "AA" license and be so classified by the board in 4 accordance with the provisions of this act. The holder of a Class "AA" license 5 shall be entitled to engage in the public works contracting business in the 6 state as provided in said license. The renewal fee for a Class "AA" license 7 shall not exceed one hundred fifty dollars ($150). 8 Class "A" license. Any contractor whose qualifications, ability and 9 responsibility to execute contracts for public works involving an estimated 10 cost of not more thansix hundred thousandone million 11 dollars ($61,0 00,000) may, upon his applica- 12 tion and the payment of a license feeofnot to exceed one hun- 13 dred fifty dollars ($150), be granted a Class "A" license and be so classified 14 by the board in accordance with the provisions of this act. The holder of a 15 Class "A" license shall be entitled to engage in the public works contracting 16 business in the state as provided in said license. The renewal fee for a Class 17 "A" license shall not exceed one hundred fifty dollars ($150). 18 Class "B" license. Any contractor whose qualifications, ability and 19 responsibility to execute contracts for public works involving an estimated 20 cost of not more thantwofive hundredfifty21thousand dollars ($25 0 0,000), may, upon his 22 application and the payment of a license feeofnot to exceed 23 seventy-five dollars ($75.00) be granted a Class "B" license and be so classi- 24 fied by the board in accordance with the provisions of this act. The holder of 25 a Class "B" license shall be entitled to engage in the public works contract- 26 ing business in the state as provided in said license. The renewal fee for a 27 Class "B" license shall not exceed seventy-five dollars ($75.00). 28 Class "C" license. Any contractor whose qualifications, ability and 29 responsibility to execute contracts for public works involving an estimated 30 cost of not more than one hundred thousand dollars ($100,000), may, upon his 31 application and the payment of a license feeofnot to exceed 32 seventy-five dollars ($75.00), be granted a Class "C" license and be so clas- 33 sified by the board in accordance with the provisions of this act. The holder 34 of a Class "C" license shall be entitled to engage in the public works con- 35 tracting business in the state as provided in said license. The renewal fee 36 for a Class "C" license shall not exceed seventy-five dollars ($75.00). 37 Class "D" license. Any contractor whose qualifications, ability and 38 responsibility to execute contracts for public works involving an estimated 39 cost of not more than fifty thousand dollars ($50,000), may, upon his applica- 40 tion and the payment of a license feeofnot to exceed seventy- 41 five dollars ($75.00), be granted a Class "D" license and be so classified by 42 the board in accordance with the provisions of this act. The holder of a Class 43 "D" license shall be entitled to engage in the public works contracting busi- 44 ness in the state as provided in said license. The renewal fee for a Class "D" 45 license shall not exceed seventy-five dollars ($75.00). 46 The board shall be vested with the power to fix annually the amount of the 47 original and renewal license fees for each class of license for the ensuing 48 license year. The amount of the license fee so fixed shall not exceed the max- 49 imum fee set forth in this section. 50 Each license issued by the board shall clearly indicate the type and scope 51 of work for which the licensee is qualified and licensed .52and tT he holder of the license shall be permitted to sub- 53 mit proposals for and perform only those types of work specified in each54suchlicense .; provided, however, that t55 T he board may extend the permissible type or scope of work to be done 6 1 under any license when it is determined by the board that the applicant meets 2 all of the requirements of this act to qualify him to do such other work. 3 SECTION 5. That Section 54-1904B, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 54-1904B. RELIEF FROM BIDS. (a) If an awarding authority for the public 6 entity determines that a bidder is entitled to relief from a bid because of 7 a mistake, the authority shall prepare a report in writing to 8 document the facts establishing the existence of each element required in sec- 9 tion 54-1904C, Idaho Code. The report shall be available for inspection as a 10 public record and shall be filed with the public entity soliciting bids. 11 (b) A bidder claiming a mistake satisfying all the conditions of section 12 54-1904C, Idaho Code, shall be entitled to relief from the bid and have any 13 bid security returned by the public entity. Bidders not satisfying the condi- 14 tions found in section 54-1904C, Idaho Code, shall forfeit any bid security. 15 Bidders failing to execute a contract and not satisfying the conditions of a 16 mistake shall also forfeit any bid security. 17 SECTION 6. That Section 54-1904D, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 54-1904D. PROHIBITION AGAINST FURTHER BIDDING. A bidder who claims a mis- 20 take or who forfeitshistheir bid security shall be 21 prohibited from participating in any rebidding of that project on which the 22 mistake was claimed or security forfeited. 23 SECTION 7. That Section 54-1904E, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 54-1904E. AWARD OF CONTRACT TO SECOND OR NEXT LOWEST BIDDER. If the pub- 26 lic entity deems it isforin its best interest, it 27 may, on refusal or failure of the successful bidder to execute the contract, 28 award it to the second lowest responsible bidder. 29 If the second lowest responsible bidder fails or refuses to execute the 30 contract, the public entity may likewise award it to the next lowest responsi- 31 ble bidders. 32 On the failure or refusal of the second or next lowest responsible bidders 33 to execute a contract,histheir bidder's security 34 shall be likewise forfeited. A public entity may determine it is in its best 35 interests to cancel and rebid the public works project and retain any for- 36 feited bid security. 37 SECTION 8. That Section 54-1905, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 54-1905. PUBLIC WORKS CONTRACTORSSTATELICENSE BOARD CRE- 40 ATED -- QUALIFICATIONS OF APPOINTEES -- TERM -- REMOVALS. There is hereby cre- 41 ated in the department of self-governing agencies a public works contractors 42statelicense board to be composed of seven (7) members, who 43 shall be appointed by the governor. One (1) member of the board shall be a 44 "heavy construction" contractor, one (1) member shall be a "highway construc- 45 tion" contractor, two (2) members shall be "building construction" contrac- 46 tors, one (1) member shall be a "specialty construction" contractor, as such 47 construction terms are defined in this chapter, one (1) member shall be a 7 1 "construction manager," and one (1) member shall be a registered professional 2 engineer. All contractor members of the board shall be contractors holding a 3 current unrevoked license at the time of their appointment, actively engaged 4 in the contracting business and have been so engaged for a period of not less 5 than five (5) years preceding the date of their appointment, and who shall so 6 continue in the contracting business during their term of office. Each member 7 of the board next preceding his appointment shall have been a citizen and res- 8 ident of the state of Idaho for at least five (5) years. The governor shall 9 appoint a member to said board for a term of six (6) years. Each member shall 10 hold office after the expiration ofhistheir own 11 term untilhistheir successor has been duly 12 appointed and qualified. Vacancies on the board for any cause shall be filled 13 by appointment by the governor for the balance of the unexpired term. The 14 governor may remove any member of the board for misconduct, incompetence or 15 neglect of duty. Each member of the board shall receive a certificate of 16 appointment from the governor, and before entering upon the discharge of17histheir duties, shall file with the secretary of state 18 the constitutional oath of office.The board may, by written agreement,19authorize the bureau of occupational licenses as agent to act in its interest.2021 SECTION 9. That Section 54-1906, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 54-1906. PRINCIPAL PLACE OF BUSINESS .-- ORGANIZATION24MEETING.The principal place of business of the board shall be in 25 Boise ,City,Idaho. The board shall, within26thirty (30) days after its appointment by the governor,meet at 27 Boise ,City,Idaho, at a time and place to be28designated by the governor, and organize by electing a chairman and a vice-29chairman, each to serve for one (1) year. 30 SECTION 10. That Section 54-1907, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 54-1907. DUTIES AND POWERS OF THE BOARD -- SEAL --REGISTRAR OF33CONTRACTSEXECUTIVE DIRECTOR APPOINTED. The board shall be 34 vested with all functions and duties relating to the administration of this 35 act and shall have full power to makesuch bylaws,rules36and regulationsas it shall deem necessary to carry out the provisions 37 of this act. The board shall have the power to provide suitable quarters and 38suchequipment, records and supplies as deemed necessary to carry 39 out the provisions of this act. The board shall adopt a seal, having upon it 40 the words "Public Works ContractorsStateLicense Board--State of 41 Idaho,. "tT he care and 42 custody ofwhichthe seal shall bein43 with theregistrar, hereinafter createdexecu- 44 tive director . Any member of the board may administer oaths and may 45 take testimonyand proofsconcerning all matters within the 46 jurisdiction of the board. 47 The board shall appoint a nregistrar of contracts48executive director , and fixhistheir 49 compensation. Theregistrarexecutive director 50 shall be the secretaryofto the board and 51 shall carry out such administrative duties asin this actpro- 8 1 vided in this act and as delegatedto himby the 2 board. The board may, in its discretion, refuse, sustain or reverse, by major- 3 ity vote, any action or decision of theregistrarexecutive 4 director . For the administration of this act the board may employ such 5 other employees as may be necessary,prescribedescribe 6 their duties and fix their compensation. 7 SECTION 11. That Section 54-1908, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 54-1908. MEETINGS -- QUORUM. The board shall hold not less than four (4) 10 regular meetings each year, on a day not later than the fifteenth day of the 11 month in each of the months of January, April, July and October, for the pur- 12 pose of transacting such business as may properly come before it. At the April 13 meeting of each year the board shall elect officers. Special or regular 14 monthly meetings of the board may be held at such times as the board may pro- 15 vide in thebylawsrules . Four (4) members of the 16 board shall constitute a quorum. Two (2) members of the board may call a spe- 17 cial meeting at any time. Due notice of each meeting of the board and the time 18 and place thereof shall be given each member in the manner prescribed in the 19bylawsrules . Each member of the board shall be com- 20 pensated as provided by section 59-509(h), Idaho Code,to be allowed21and paid from the public works contractors license board 22 account, as hereinafter provided in this chapter. 23 SECTION 12. That Section 54-1910, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 54-1910. EXAMINATIONS, QUALIFICATIONS AND APPLICATIONS. Under such rules 26and regulationsas it may adopt, the board shall have the power 27 and authority to investigate, classify, and to qualify applicants for licenses 28 under this act, by written or oral examinations, or both. 29 The qualifications to be required of an applicant by the board are as fol- 30 lows: 31 (a) Such degree of experience, and such general knowledge of the build- 32 ing, safety, health and lien laws of the state, and of the rudimentary admin- 33 istrative principles of the contracting business, as may be deemed necessary 34 by the board for the safety and protection of the public. The applicant if an 35 individual may qualify as to the aforementioned experience and knowledge by 36 personal appearance or by the appearance of his responsible managing employee, 37 and if a copartnership or corporation, limited liability company, lim- 38 ited liability partnership and any other combination or organization, 39 by the appearance of the responsible managing officer or member of the person- 40 nel of such applicant. If the person qualifying by examination as to experi- 41 ence and knowledge shall, for any reason whatsoever, cease to be connected 42 with the licensee to whom the license is issued, such licensee shall so notify 43 the board in writing within ten (10) days from such cessation. If such notice 44 is given, the license shall remain in force for a reasonable length of time, 45 to be determined by rules of the board, provided, however, that46. Iif such licensee fails to so notify the 47 board within said ten (10) day period, then at the end of such ten (10) day 48 period, the license of such licensee shall be automatically suspended. A sus- 49 pended license shall be reinstated upon the filing with the board of an affi- 50 davit executed by the licensee or a member of the suspended firm, to the 51 effect that the individual originally examined for the firm has been replaced 9 1 by another individual who has been qualified by examination as herein pro- 2 vided, and who shall not have had a license suspended or revoked, nor have 3 been connected with any licensee who has had a license suspended or revoked 4 for reasons that should preclude him from personally qualifying as to good 5 character as herein required of an applicant. 6 (b) The possession by the applicant of good character. Lack of character 7 may be established by showing any of the following: 8 (1) That the applicant has committed or done any act which, if committed 9 or done by any licensed contractor, would be grounds for the suspension or 10 revocation of a contractor's license, or 11 (2) That the applicant has committed or done any act involving dishon- 12 esty, fraud or deceit whereby the applicant has been benefited or whereby 13 some injury has been sustained by another, or 14 (3) That the applicant bears a bad reputation for honesty and integrity, 15 or 16 (4) That the applicant has been convicted of a felony. 17 (c) That he has never been refused a license or had a license revoked for 18 reasons that would preclude the granting of the license applied for. 19 (d) No license shall be issued to a corporation, copartnership, 20 limited liability company, limited liability partnership or other com- 21 bination or organization if any responsible officer of such corporation, or 22 other combination or organization, or any member of such copartnership does 23 not meet the qualifications required of an applicant other than those qualifi- 24 cations relating to knowledge and experience. 25 (e) To obtain an original license under this act, the applicant shall 26 submit to the board, on such forms as it shall prescribe, accompanied by the 27 required fee for the class of license applied for, and in accordance with such 28 rulesand regulationsas may be deemed necessary and adopted by 29 the board in order to carry out the foregoing provisions of this section, a 30 sworn written application for such license, containing the statement that 31 applicant desires the issuance of a license under the terms of this act. The 32 information contained in such application forms shall include a complete 33 statement of the general nature of applicant's contracting business, and stat- 34 ing concisely applicant's experience and qualifications as a contractor; the 35 value and character of contract work completed and for whom performed during 36 the three (3) year period prior to filing the application; a general descrip- 37 tion of applicant's machinery and equipment; a complete financial statement on 38 such forms and disclosing such information as shall be required by the board, 39 together with such additional information as may be required by the board to 40 determine the applicant's fitness for a license under this act. The applica- 41 tion shall contain, if by an individual,histheir 42 name and business address; if by a copartnership, its business address and the 43 names and addresses of all partners; and if by a corporation, association 44 , limited liability company, limited liability partnership or other 45 organization, its business address and the names and addresses of the presi- 46 dent, vice-president, secretary, and chief construction managing officers, or 47 responsible managing employee. 48 SECTION 13. That Section 54-1911, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 54-1911. FILING, ISSUANCE AND DENIAL OF LICENSES -- JOINT VENTURE APPLI- 51 CATIONS -- FEES NOT REFUNDED. Applications for original licenses, together 52 with the fees therefor, shall be filed with the board if received at least ten 53 (10) days prior to consideration thereof by the board. After such examination 10 1 and investigation as the board may require in accordance with the provisions 2 of this act, if no valid reason exists for further investigation of applicant, 3 the board shall at the next meetingfixed by it for the consideration of4applications for original licenses,issue a license to applicant per- 5 mitting him to engage in business as a contractor under the terms of this act 6 for the licensing period designated. If the information brought to the atten- 7 tion of the board concerning the character and integrity of an applicant is 8 such that it would appear proper to deny the application, the applicant shall 9 be notified byregisteredcertified mailor10personal service,to show cause within such time, not less than five 11 (5) days, nor more than thirty (30) days, why the application should not be 12 denied. 13 Applications for original licenses filed in accordance with the provisions 14 of this act shall be considered by the boardat the four (4) regular15meetings of the board provided for in this act andat such special or 16 regular monthly meetings as the board may determine. Fees accompanying origi- 17 nal applications under this section are for the administration and enforcement 18 of the provisions of this chapter and shall not be refunded to the applicant. 19 SECTION 14. That Section 54-1912, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 54-1912. EXPIRATION AND RENEWAL OF LICENSES -- FEES. All contractors 22 required by the provisions of this section to be licensed, shall be licensed 23 for a period of twelve (12) consecutive calendar months. 24 Each licensing period shall start on the first day of a calendar month and 25 end on the last day of the twelfth month from the date of beginning. 26 Licensing periods shall expire at midnight on the last day of the licens- 27 ing period. 28 Application for renewal of a current license prior to expiration date 29thereofshall authorize operation as a contractor by such licen- 30 see until actual issuance of such renewal license for the ensuing year or 31 until the final decision of the board is rendered in any proceeding. An 32 aApplicant forarenewal of a license issued 33 under this act,shall not be required to take any other or fur- 34 ther examination to obtain such renewal license, provided that at the time of 35 such application his license has not been suspended or permitted to lapse or 36 expire for any cause for a period of one (1) year or more. All applications 37 for renewal of license shall be made on forms prescribed by the board and 38 shall be accompanied by the annual renewal fee and a complete current finan- 39 cial statement on such forms and disclosing such information as shall be 40 required by the board, duly certified as true by the applicant, and if a 41 copartnership, limited liability company or limited liability partner- 42 ship by a member thereof, and if a corporation, by its executive or 43 financial officer; such renewal application shall be filed prior to the first 44 day of such renewal licensing period, otherwise the expired license shall be 45 renewable only after the application and fees therefor shall have been on file 46 with the board at least ten (10) days prior to considerationthereof47by the board. Fees accompanying renewal applications under this section 48 are for the administration and enforcement of the provisions of this chapter 49 and shall not be refunded to the applicant. 50 The license issued under this act shall be signed both by theregis-51trarexecutive director and by the licensee, shall be non- 52 transferable, and shall be displayed in the licensee's main office or chief 53 place of business, and satisfactory evidence of the possession thereof and of 11 1 the current annual renewal thereof shall be exhibited by licensee upon demand. 2 A surviving member or members of a licensed copartnership , limited 3 liability company or limited liability partnership by reason of death 4 shall be entitled to continue in business under such license until the expira- 5 tion date thereof, provided due application for permission is made to the 6 board within thirty (30) days after death of the member, and the application 7 is approved by the board in accordance with its rules .and8regulations.9 All licensees shall report to the board all changes of personnel, name 10 style or addresses recorded under this act within thirty (30) days after the 11 changes are made. 12 SECTION 15. That Section 54-1913, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 54-1913. RECORDS, LISTS AND INFORMATION. The board shall maintain at its 15 office in Boise ,City,Idaho, open to public inspec- 16 tion during office hours, a complete record of all retained applications, 17 licenses issued, licenses renewed and all revocations, cancelations and sus- 18 pensions of licenses, and shall furnish a certified copy of any license 19 issued, upon receipt of the sum of fifty cents (50[), which certified copy 20 shall be received in all courts and elsewhere as evidence of the facts stated 21 therein.All financial information submitted by applicants is subject to22disclosure according to chapter 3, title 9, Idaho Code. Upon the issuance,23renewal, revocation, cancelation and/or suspension of a license hereunder, the24board shall forthwith furnish the department of administration with a record25thereof.26 Whenever funds are available for the purpose, the board shall publish a 27 list of the names and addresses of contractorsregistered28 licensed under this actand of the licenses issued, suspended or29revokedand such further information with respect to this act and its 30 administration as the board deems proper. The board may furnish the lists to 31 such public works and building departments, public officials or public bodies, 32 and other persons interested in or allied with the building and construction 33 industry in this or any other state as deemed advisable, and at such intervals 34 as deemed necessary, whenever funds therefor are available. Copies of the 35 lists may also be furnished by the board upon request to any firm or individ- 36 ual upon payment of a reasonable fee fixed by the board. 37 Whenever funds are available for the purpose, the board may publish and 38 disseminate to licensees of the board and to public officials or other persons 39 interested in or allied with the building and construction industry, such 40 information with relation to the administration and enforcement of this act as 41 deemed necessary to carry out its purposes. 42 SECTION 16. That Section 54-1914, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 54-1914. DISCIPLINARY PROCEEDINGS. The board may upon its own motion, and 45 shall upon the verified complaint in writing of any person, investigate the 46 actions of any contractor within the state and may reclassify, retype, tempo- 47 rarily suspend or permanently revoke any license if the holder, while a licen- 48 see or applicant hereunder, is guilty of or commits any one (1) 49 or more of the following acts or omissions: 50 (a) Abandonment without legal excuse of any construction project or oper- 51 ation engaged in or undertaken by the licensee as a contractor. 12 1 (b) Diversion of funds or property received under express agreement for 2 prosecution or completion of a specific construction project or operation, or 3 for a specified purpose in the prosecution or completion of any construction 4 project or operation, and their application or use for any other construction 5 project or operation, obligation or purpose, with intent to defraud or deceive 6 creditors or the owner. 7 (c)WilfulWillful departure from or disregard 8 of, plans or specifications in any material respect, and prejudicial to 9 another, without consent of the owner or his duly authorized representative, 10 and without the consent of the person entitled to have the particular con- 11 struction project or operation completed in accordance with such plans and 12 specifications. 13 (d)WilfulWillful or deliberate disregard and 14 violation of valid building laws of the state, or of any political subdivision 15 thereof, or of the safety laws or labor laws or compensation insurance laws of 16 the state. 17 (e) Misrepresentation of a material fact by an applicant in obtaining a 18 license. 19 (f) Aiding or abetting an unlicensed person to evade the provisions of 20 this act orknowingly combining orconspiring with an unlicensed 21 person, or allowing one's license to be used by an unlicensed person, or act- 22 ing as agent or partner or associate or otherwise, of an unlicensed person 23 with the intent to evade the provisions of this act. 24 (g) Failure in any material respect to comply with the provisions of this 25 act. 26 (h) Acting in the capacity of a contractor under any license issued here- 27 under except: (1) in the name of the licensee as set forth upon the license, 28 or (2) in accordance with the personnel of the licensee as set forth in the 29 application for such license, or as later changed as provided in this act. 30 (i) Knowingly accepting a bid from, or entering into a contract with 31 another contractor for a portion of a public works project if at that time 32 such contractor does not possess the appropriate license to do that work as 33 provided in this act. 34 (j)WilfulWillful failure or refusal without 35 legal excuse on the part of a licensee as a contractor toprosecute36finish a construction project or operation with reasonable 37 diligence, causing material injury to another. 38 (k)WilfulWillful or deliberate failure by any 39 licensee, or agent or officer thereof, to pay any moneys when due, for any 40 materials or services rendered in connection with his operations as a contrac- 41 tor, when he has the capacity to pay or when he has received sufficient funds 42 therefor as payment for the particular construction work, project or operation 43 for which the services or materials were rendered or purchased; or denial of 44 any such amount due or the validity of the claim thereof with intent to secure 45 for himself, his employer, or other person, any discount upon such indebted- 46 ness or with intent to hinder, delay or defraud the person to whom such 47 indebtedness is due. 48(l) Filing of a voluntary petition in bankruptcy, or a licensee49being adjudicated a bankrupt.50 SECTION 17. That Section 54-1914A, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 54-1914A. IMPAIRED FINANCIAL RESPONSIBILITY -- NOTIFICATION -- HEARING -- 53 LICENSEE'S STATEMENT. If, at any time, the board has reasonable cause to 13 1 believe that a licensee's financial responsibility is impaired, it shall, by 2registeredcertified mail, so notify the licensee, 3 stating the facts which indicate such lack of financial responsibility, the 4 time and place of the meeting of the board when the matter will be considered, 5 and the action which the board contemplates taking with respect to such licen- 6 see, and request that the licensee either be present at said hearing, or sub- 7 mit to the board on or prior to the date of hearing, a verified written state- 8 ment and any other documents deemed pertinent, to show cause why his license 9 should not be reclassified, retyped, temporarily suspended or revoked because 10 of lack of financial responsibility. 11 Failure to either submit such a statement or appear at the hearing shall 12 be deemed to be an admission by licensee of the lack of financial responsibil- 13 ity as charged, and a stipulation that the board may take the action contem- 14 plated as set forth in the aforesaid notice. 15 SECTION 18. That Section 54-1915, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 54-1915. PROCEDURE FOR REVOCATION. Upon the filing with the board of a 18 verified complaint charging a licensee with the commission of any act consti- 19 tuting a cause for disciplinary action within two (2) years prior to the date 20 of filing, the board shall forthwith issue a citation directing the licensee, 21 within ten (10) days after service of the citation ,upon22him,to appear by filing with the boardhisa 23 verified answer to the complaint, showing cause, if any ,he24has,whyhisthe license should not be sus- 25 pended or revoked; provided, however, that the appearance of the licensee by 26 the filing of an answer may be waived by the complainant with the approval of 27 the board, in which case the board shall proceed to a hearing. The proceedings 28 before the board shall be governed by the provisions of chapter 52, title 67, 29 Idaho Code. 30 Service of the citation upon the licensee shall be fully effected by mail- 31 ing a true copy of the citation, together with a true copy of the complaint, 32 byUnited States registeredcertified mailin33a sealed envelope with postage fully prepaid thereon,addressed to the 34 licensee at his last address of record with the board. Service of the citation 35 shall be complete at the time of deposit in accordance with the provisions of 36 the Idaho Rules of Civil Procedure relating to service by mail. 37 Upon the filing of the answer, the board shall fix a time and place for 38 the hearing and give the licensee and the complainant not less than five (5) 39 days' notice thereof. The notice may be served by mailing a true copy by40United States registeredcertified mailin a sealed41envelope with postage fully prepaid thereon,addressed to the licensee 42 and to the complainant, respectively, at the last known address of each. With 43 the notice to the complainant there shall be attached or enclosed a copy of 44 the answer. If either party has appeared by counsel, the notice shall be given 45 in like manner to counsel instead of to the party. 46 The order entered by the board may: 47 (a) Provide for the immediate complete suspension by the licensee of all 48 operations as a contractor during the period fixed by the decision. 49 (b) Permit the licensee to complete any or all contracts shown by compe- 50 tent evidence taken at the hearing to be then uncompleted. 51 (c) Impose upon the licensee compliance with such specific conditions as 52 may be just in connection with his operations as a contractor disclosed at the 53 hearing and may further provide that until such conditions are complied with 14 1 no application for restoration of the suspended or revoked license shall be 2 accepted by the board. 3 SECTION 19. That Section 54-1916, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 54-1916. JUDICIAL REVIEW -- PROCEDURE. The applicant or licensee, as the 6 case may be, shall have the right tofourthjudicial review of 7 the action of the board refusing, cancelling, revoking or suspending a license 8 in accordance with the provisions of chapter 52, title 67, Idaho Code. 9 Appeals may be taken from the judgment of said district court to the 10 Supreme Court of Idaho by either party by serving written notice thereof on 11 the adverse party and filing the same in said district court within thirty 12 (30) days after entry of said judgment, but otherwise said appeal shall be 13hadin the same manner that appeals are taken and records pre- 14 pared on appeal in civil actions. 15 On any appeal to the district court by a licensee, the court may, in its 16 discretion, upon the filing of a proper bond by the licensee in an amount to 17 be fixed by the court, but not less than one thousand dollars ($1,000), guar- 18 anteeing the compliance by the licensee with specific conditions imposed upon 19 him by the board's decision, if any, permit the licensee to continue to do 20 business as a contractor pending entry of judgment by the district court. 21 SECTION 20. That Section 54-1918, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 54-1918. SUBPOENAS AND PROCESS. In any investigation, proceeding or hear- 24 ing which the board is empowered to institute, conduct or hold, the board, and 25 each member thereof, may administer oaths, certify to official acts, issue 26 subpoenas for the attendance of witnesses and the production of books, papers 27 and records, in like manner and to the same extent as courts of record, and 28 with their aid when necessary. The process issued by the board, or any member 29 thereof, shall extend to all parts of the state and may be served by any per- 30 son authorized to serve process ,of courts of record,31or by any person designated for that purpose by the board or a member 32 thereof. The person executing any such process shall receive such compensation 33 as may be allowed by the board and not to exceed the fees prescribed by law 34 for similar services, and such fees shall be paid in the same manner as pro- 35 vided herein for the payment of fees for witnesses. Any citation, notice or 36 other process or any paper or document required by this act to be served on 37 any party may be personally served as provided in the Code of Civil Procedure, 38 with the same effect as if served by mail in the manner provided in this act. 39 SECTION 21. That Section 54-1919, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 54-1919. REVOCATION BY COURT. The suspension or revocation of a 42 license as provided in this actprovidedmay 43 also beembracedincluded in any action otherwise 44 proper in any court involving the licensee's performance of his legal obliga- 45 tion as a contractor. 46 SECTION 22. That Section 54-1920, Idaho Code, be, and the same is hereby 47 amended to read as follows: 15 1 54-1920. PENALTIES. Any person, firm, copartnership, corporation, 2 limited liability company, limited liability partnership, association 3 or other organization acting in the capacity of a public works contractor 4 within the meaning of this act, without a license as herein provided, shall be 5 guilty of a misdemeanor and shall, upon conviction thereof,if a person6or persons,be punished by a fine of not to exceed three hundred dol- 7 lars ($300.00) or by imprisonment in the county jail for a term 8 not to exceed six (6) months or by both such fine and imprisonment,in9at the discretion of the court. The same penalties shall 10 apply, upon conviction to any member of a copartnership, or to any construc- 11 tion, managing or directing officer of any corporation , limited liabil- 12 ity company or limited liability partnership, or other organization 13 consenting to, participating in, or aiding or abetting any such violation of 14 this act. 15 Every public officer who knowingly lets a public contract to any person, 16 firm, copartnership, corporation, limited liability company, limited 17 liability partnership, association or other organization who does not 18 hold a license as required by the provisions of this act shall be guilty of a 19 misdemeanor and upon conviction, punishable as provided in this section, 20 unless, however, there be no qualified bidder willing to undertake the public 21 works covered by the contract. No person engaged in the business or acting in 22 the capacity of a contractor, may bring or maintain any action in any court 23 of this state for the collection of compensation for the performance of any 24 act or contract for which a license is required by this act without alleging 25 and providing that he was a duly licensed contractor at all times during the 26 performance of such act or contract. 27 SECTION 23. That Section 54-1921, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 54-1921. PUBLIC WORKS CONTRACTORS LICENSE FUND -- APPROPRIATION -- DIS- 30 BURSEMENTS. The state treasurer shall be custodian of a fund, which is hereby 31 created, to be known as the "Public Works Contractors License Fund," into 32 which shall be paid and deposited all funds accruing or received under any and 33 all provisions of this act. All moneys from whatever source accruing to or 34 received by said fund are hereby appropriated for the payment of the cost and 35 expense of the administration and enforcement of this act, as herein provided, 36 and the same shall be paid out by the state treasurer only upon state vouchers 37 prepared and approved by the board, certified to by thepresident38 chairman of the board, and approved by the state board of examin- 39 ers. Any moneys remaining in said fund on the last day of each year, as the 40 term "year" is defined in this act, shall continue to be appropriated for the 41 purposes of this act. 42 SECTION 24. That Section 54-1922, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 54-1922. ACT SUPERIOR TO ALL LAWS IN CONFLICT. Wherever any provisions of 45 the existing laws of the state of Idaho, or of any laws enacted at the46twenty-sixth session of the legislature of the state of Idaho,are in 47 conflict with the provisions of this act, the provisions of this act shall 48 control and supersede all such laws. 49 SECTION 25. That Section 54-1924, Idaho Code, be, and the same is hereby 50 amended to read as follows: 16 1 54-1924. SEPARABILITY. If any part or parts of this act shall be adjudged 2 by the courts to be unconstitutional or invalid, the same shall not affect the 3 validity of any part or parts thereof which can be given effect without the 4 part or parts adjudged to be unconstitutional or invalid.The legisla-5ture hereby declares that it would have passed the remaining parts of this act6if it had been known that such other part or parts thereof would be declared7unconstitutional or invalid.
STATEMENT OF PURPOSE
RS08412C1
Relating to Public Works Contractors: Amending Sections 54-1901-1924, Idaho Code to clarify licensing of limited liability
companies and limited liability partnerships, to change agency head
title, delete archaic language and change bid limits for the Class
AAA, AA, A and B licenses.
FISCAL IMPACT
There is no fiscal impact. The agency is supported solely by its
license fees. There are no changes in the license fees.
CONTACT
Name: Nancy Michael
Agency: Public Works Contractors License Board
Phone: 327-7326
Statement of Purpose/Fiscal Impact H 6