2000 Legislation
Print Friendly

SENATE BILL NO. 1344 – Construction practices, unfair

SENATE BILL NO. 1344

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



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

Bill Text


 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 / Fiscal Impact


                         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