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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,
Watson
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
S1129|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1129 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO ELECTRICAL BOARD; AMENDING SECTION 54-1006, IDAHO CODE, 3 TO AUTHORIZE THE ELECTRICAL BOARD TO ESTABLISH CIVIL PENALTIES FOR VIOLA- 4 TIONS OF THE CODE OR RULES; AND AMENDING SECTION 54-1017, IDAHO CODE, TO 5 GOVERN CIVIL PENALTIES. 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. 2 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
RS08337
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.
CONTACT
Name: Gary L. Malmen, Bureau Chief
Agency: Division of Building Safety, Electrical Bureau
Phone: 334-2183 ext. 323
Statement of Purpose/Fiscal Impact S1129