1999 Legislation
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SENATE BILL NO. 1129 – Electrical Bd rule violatns/penalty


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Daily Data Tracking History

S1129.......................................by COMMERCE AND HUMAN RESOURCES
ELECTRICAL BOARD - Amends existing law to authorize the Idaho Electrical
Board to establish civil penalties not to exceed $1000 for violations of
the Idaho Code or rules of the Board.

02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Com/HuRes
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 30-4-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Ingram, Ipsen,
      Keough, King, Lee, McLaughlin, Noh, Riggs, Risch, Sandy, Schroeder,
      Sorensen, Stegner, Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--Frasure, Geddes, Hawkins, Richardson
      Absent and excused--Parry
    Floor Sponsor - King
    Title apvd - to House
03/04    House intro - 1st rdg - to Bus
03/12    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 38-26-6
      AYES -- Barraclough, Bieter, Boe, Campbell, Chase, Cuddy, Deal,
      Denney, Field(13), Gagner, Gould, Hammond, Hansen(23), Hansen(29),
      Henbest, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz,
      Limbaugh, Linford, Marley, McKague, Meyer(Duncan), Moyle, Pischner,
      Pomeroy, Reynolds, Ridinger, Robison, Smylie, Stone, Tilman, Trail,
      NAYS -- Alltus, Barrett, Bell, Bruneel, Clark, Crow, Ellsworth,
      Field(20), Geddes, Hadley, Hornbeck, Lake, Loertscher, Montgomery,
      Mortensen, Ringo, Sali, Schaefer, Smith, Stevenson, Stoicheff,
      Taylor, Tippets, Williams, Wood, Zimmermann
      Absent and excused -- Black, Callister, Mader, Sellman, Wheeler,
      Mr Speaker
    Floor Sponsor - Kellogg
    Title apvd - to Senate
03/17    To enrol - rpt enrol - Pres signed
03/18    Sp signed
03/19    To Governor
03/23    Governor signed
         Session Law Chapter 169
         Effective: 07/01/99

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1129


 1                                        AN ACT

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

 7        SECTION  1.  That  Section 54-1006, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        54-1006.  IDAHO ELECTRICAL BOARD. (1) The Idaho electrical board,  herein-
10    after known as the board, is hereby created and made a part of the division of
11    building  safety. It shall be the responsibility and duty of the administrator
12    of the division of building safety to administer and enforce the provisions of
13    this act, to serve as secretary to the Idaho electrical board, and to  appoint
14    the chief electrical inspector.
15        (2)  The  board  shall consist of seven (7) members to be appointed by the
16    governor with power of removal for cause. Board members shall be appointed for
17    a term of four (4) years.  Whenever  a  vacancy  occurs,  the  governor  shall
18    appoint  a  qualified  person to fill the vacancy for the unexpired portion of
19    the term.
20        (3)  All members of the board shall be citizens of the United States, res-
21    idents of this state for not less than two (2) years and shall be qualified by
22    experience, knowledge and integrity in formulating rules for examinations,  in
23    passing  on  the  fitness and qualifications of applicants for electrical con-
24    tractor and journeyman electrician licenses and in establishing standards  for
25    electrical  products  to  be used in electrical installations coming under the
26    provisions of this act.
27        (4)  The members of the board shall, at their first regular  meeting  fol-
28    lowing  the  effective  date  of  this act and every two (2) years thereafter,
29    elect by majority vote of the members of the board, a chairman who shall  pre-
30    side at meetings of the board. In the event the chairman is not present at any
31    board meeting, the board may by majority vote of the members present appoint a
32    temporary  chairman. A majority of the members of the board shall constitute a
33    quorum.
34        (5)  The board is authorized and directed to  prescribe  and  amend  rules
35    consistent  with this act for the administration of this chapter and to effec-
36    tuate the purpose thereof, and for the licensing of electrical contractors and
37    the examination and licensing of journeyman electricians. The board shall also
38    establish the fees to be charged for permits  and  inspections  of  electrical
39    systems.    The board shall establish by administrative rule the fines to
40    be paid for citations issued for violations of this act and the rules  of  the
41    Idaho electrical board. 
42        (6)  Each  member  of the board not otherwise compensated by public moneys
43    shall be compensated as provided by section 59-509(g), Idaho Code.


 1        SECTION 2.  That Section 54-1017, Idaho Code, be, and the same  is  hereby
 2    amended to read as follows:

 3        54-1017.  VIOLATIONS  OF  ACT A MISDEMEANOR. Any person, partnership, com-
 4    pany, firm, association or corporation who shall engage in the trade, business
 5    or calling of an electrical contractor or journeyman  electrician,  without  a
 6    license  as  provided  for by this act, or who shall violate any of the provi-
 7    sions of this act, or the rules of the Idaho  electrical    board  or  of  the
 8    administrator  of  the division of building safety herein provided for, or who
 9    shall refuse to perform any duty lawfully enjoined upon him by the administra-
10    tor within the prescribed time; or who shall fail, neglect, or refuse to  obey
11    any  lawful order given or made by the administrator shall be guilty of a mis-
12    demeanor  and shall be subject to  the  civil  penalties  established  by
13    administrative  rule  but  not to exceed one thousand dollars ($1,000) .
14    Each day of such violation shall constitute a separate offense.  A viola-
15    tion will be considered a second or  additional  offense  only  if  it  occurs
16    within one (1) year from the first violation. 

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE


Provide authorization to the Idaho State Electrical Board to
levy civil penalties. Currently, title 54, chapter l0 provides
an ''all or nothing.' approach to compliance with no middle
ground. If an individual or company repeatedly violates the
provisions of the chapter the only recourse is suspension or
revocation of his/her license, or in the case of an unlicensed
individual or company, register a complaint with the county
prosecuting attorney. Prior to that point, all that can be done
is issue warning and "threat" letters. If a reasonable system
(similar to traffic citations) were established, it would
provide an effective system to achieve compliance without
resorting to license revocation except in the most extreme
cases. Most of the surrounding states utilize this procedure and
their statutes could be used as a model to establish penalties.
Legislative approval would of course be necessary to insure that
penalties were appropriate for the violation.

                           FISCAL IMPACT

Monies received from penalties could be used to fund compliance
activities and contribute to the Electrical Bureau revenues.

Name: Gary L. Malmen, Bureau Chief
Agency: Division of Building Safety, Electrical Bureau
Phone: 334-2183 ext. 323

Statement of Purpose/Fiscal Impact       S1129