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S1344.......................................by COMMERCE AND HUMAN RESOURCES
CONSTRUCTION PRACTICES - Adds to existing consumer protection law to
provide for unfair construction practices; to authorize the state attorney
general to obtain and review relevant materials for enforcement purposes;
and to provide definitions by reference.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to Com/HuRes
02/18 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
03/15 Ret'd to Com/HuRes
S1344
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1344
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO CONSUMER PROTECTION; AMENDING CHAPTER 6, TITLE 48, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 48-603E, IDAHO CODE, TO PROVIDE FOR UNFAIR
4 CONSTRUCTION INDUSTRY PRACTICES, TO AUTHORIZE THE STATE ATTORNEY GENERAL
5 TO OBTAIN AND REVIEW RELEVANT MATERIALS FOR ENFORCEMENT PURPOSES AND TO
6 PROVIDE DEFINITIONS BY REFERENCE; AND PROVIDING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 6, Title 48, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 48-603E, Idaho Code, and to read as follows:
11 48-603E. UNFAIR CONSTRUCTION INDUSTRY PRACTICES. (1) In addition to any
12 other provision of this chapter, it is unlawful as an unfair and deceptive act
13 or practice, for any person engaged in the practice of construction as a con-
14 tractor to solicit a construction contract or the sale of related goods or
15 services by making any false, misleading or deceptive claim or representation
16 regarding any of the following:
17 (a) The holding of a valid contractor license issued pursuant to chapter
18 13, title 54, Idaho Code, or professional certification, licenses or reg-
19 istrations from Idaho or any other states;
20 (b) The existence of valid and in-force insurance coverage, or the lim-
21 its, exclusions, types or applicability thereof;
22 (c) The contractor's capability, expertise, experience or past perfor-
23 mance record; or
24 (d) The contractor's financial status, responsibility or solvency.
25 (2) For purposes of the enforcement of this section, the attorney general
26 of the state of Idaho shall be entitled to obtain and review relevant contrac-
27 tor licensing materials in the custody and control of the Idaho public works
28 contractors license board and the Idaho contractors board.
29 (3) For the purposes of this section, the definitions in the Idaho con-
30 tractors licensing act in section 54-1301, Idaho Code, shall apply.
31 SECTION 2. This act shall be in full force and effect on and after July
32 1, 2000.
STATEMENT OF PURPOSE
RS 09427
Upon passage of the "Contractor Licensing Act," Idaho code,
54-1301 et. seq., there needs to be in place a means of
enforcement allowing the State of Idaho sanctions against
the contractors who willfully violate the provision of the
"Contractor Licensing Act."
This is a consumer protection bill to allow the Attorney
General to obtain relevant materials and information from
the Public Works Contractors Licensing Board and the newly
formed Idaho Contractor Board. With the information obtained
the Attorney General may enforce, under the consumer
protection provisions, compliance with the requirements of
the "Contractor Licensing Act."
FISCAL IMPACT
If passed, the Attorney General's costs for legal services
may increase because additions of this statute would create
the possibility of increased work load in the Consumer
Protection Unit of the Attorney General's Office.
Contact
Name: Bart Davis
Phone: (208) 332-1343
STATEMENT OF PURPOSE/FISCAL NOTE S 1344