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S1345aa.....................................by COMMERCE AND HUMAN RESOURCES
ELECTRICAL BOARD - Adds to and amends existing law to authorize the
administrator of the Division of Building Safety to impose civil penalties
as provided by law; to provide that the Electrical Board shall hear appeals
regarding the imposition of civil penalties; and to provide additional
conditions for the revocation, suspension, renewal and revival of licenses,
permits and registrations issued pursuant to laws pertaining to electrical
contractors and journeymen.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to Com/HuRes
02/18 Rpt out - to 14th Ord
02/23 Rpt out amen - to engros
02/24 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
02/29 3rd rdg as amen - PASSED - 19-15-1
AYES--Andreason, Bunderson, Cameron, Danielson, Davis, Dunklin,
Ingram, Keough, King-Barrutia, McLaughlin, Noh, Risch, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Whitworth
NAYS--Boatright, Burtenshaw, Crow, Darrington, Deide, Frasure,
Hawkins, Ipsen, Lee, Parry, Richardson, Riggs, Walton, Wheeler,
Williams
Absent and excused--Geddes
Floor Sponsor - King-Barrutia
Title apvd - to House
03/01 House intro - 1st rdg as amen - to Bus
03/28 Rpt out - rec d/p - to 2nd rdg as amen
03/29 2nd rdg - to 3rd rdg as amen
04/03 3rd rdg as amen - PASSED - 42-25-3
AYES -- Barraclough(Barraclough), Bell, Bieter, Black, Boe, Bruneel,
Chase, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Gould, Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd, Kellogg,
Kempton, Lake, Linford, Marley, Meyer, Montgomery, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sellman, Shepherd,
Smith, Smylie, Stoicheff, Stone, Trail
NAYS -- Alltus, Barrett, Callister, Campbell, Cheirrett, Geddes,
Hadley, Hammond, Hornbeck, Kendell, Kunz, Loertscher(Loertscher),
McKague, Mortensen, Moss, Pearce, Sali, Schaefer, Stevenson, Taylor,
Tilman, Wheeler, Wood, Zimmermann, Mr Speaker
Absent and excused -- Clark, Crow, Mader
Floor Sponsor - Meyer
Title apvd - to Senate
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/12 Governor signed
Session Law Chapter 242
Effective: 07/01/00
S1345
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1345, As Amended
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO ELECTRICAL CONTRACTORS AND JOURNEYMEN; AMENDING SECTION 54-1003,
3 IDAHO CODE, TO PROVIDE AUTHORITY FOR THE ADMINISTRATOR OF THE DIVISION OF
4 BUILDING SAFETY TO IMPOSE CIVIL PENALTIES AND TO MAKE TECHNICAL CORREC-
5 TIONS; AMENDING SECTION 54-1006, IDAHO CODE, TO AUTHORIZE THE BOARD TO
6 HEAR APPEALS REGARDING FINES IMPOSED BY THE ADMINISTRATOR, TO AUTHORIZE
7 THE BOARD, WITHIN LIMITS, TO ADJUST THE PENALTY IMPOSED AND TO PROVIDE
8 CORRECT TERMINOLOGY; AMENDING SECTION 54-1009, IDAHO CODE, TO PROVIDE AN
9 ADDITIONAL CONDITION FOR WHICH A LICENSE MAY BE REVOKED OR SUSPENDED; AND
10 AMENDING SECTION 54-1013, IDAHO CODE, TO PROVIDE ADDITIONAL CONDITIONS FOR
11 THE RENEWAL OR REVIVAL OF A LICENSE.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 54-1003, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 54-1003. ADMINISTRATOR AUTHORIZED TO ISSUE LICENSE AUTHORITY. (1) Only
16 the administrator of the division of building safety of the state of Idaho is
17 authorized and empowered to conduct examinations and to pass upon the qualifi-
18 cations of applicants, and to grant and issue licenses or registrations to
19 such applicants as are found to be qualified to engage in the trade, business
20 or calling of a journeyman electrician, electrical contractor, master electri-
21 cian, specialty electrician, specialty electrical contractor, specialty elec-
22 trical trainee or apprentice electrician in the manner and upon the terms and
23 conditions hereinafter provided.
24 (2) No licenses granted hereunder shall be transferable. Licenses shall
25 be issued upon the condition that the holder thereof shall comply with all
26 provisions of this chapter.
27 (3) The administrator of the division of building safety is authorized to
28 impose civil penalties as provided in this chapter.
29 SECTION 2. That Section 54-1006, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 54-1006. IDAHO ELECTRICAL BOARD. (1) The Idaho electrical board, herein-
32 after known as the board, is hereby created and made a part of the division of
33 building safety. It shall be the responsibility and duty of the administrator
34 of the division of building safety to administer and enforce the provisions of
35 this act, to serve as secretary to the Idaho electrical board, and to appoint
36 the chief electrical inspector.
37 (2) The board shall consist of nine (9) members to be appointed by the
38 governor with power of removal for cause. Two (2) members shall be licensed
39 journeymen or master electricians; two (2) members shall be employees or offi-
40 cers of licensed electrical contractors; one (1) member shall be a licensed
41 specialty journeyman or contractor; one (1) member shall be an employee or
2
1 officer of an electrical power provider; one (1) member shall be an employee
2 or officer of a manufacturing plant or other large power user; one (1) member
3 shall be an employee or director of a manufacturer or distributor of electri-
4 cal supplies or materials; and one (1) member shall be from the public at
5 large not directly associated with the electrical industry. Board members
6 shall be appointed for a term of four (4) years. Whenever a vacancy occurs,
7 the governor shall appoint a qualified person to fill the vacancy for the
8 unexpired portion of the term.
9 (3) All members of the board shall be citizens of the United States, res-
10 idents of this state for not less than two (2) years and shall be qualified by
11 experience, knowledge and integrity in formulating rules for examinations, in
12 passing on the fitness and qualifications of applicants for electrical con-
13 tractor and journeyman electrician licenses and in establishing standards for
14 electrical products to be used in electrical installations coming under the
15 provisions of this act.
16 (4) The members of the board shall, at their first regular meeting fol-
17 lowing the effective date of this act and every two (2) years thereafter,
18 elect by majority vote of the members of the board, a chairman who shall pre-
19 side at meetings of the board. In the event the chairman is not present at any
20 board meeting, the board may by majority vote of the members present appoint a
21 temporary chairman. A majority of the members of the board shall constitute a
22 quorum.
23 (5) The board is authorized and directed to prescribe and amend rules
24 consistent with this act for the administration of this chapter and to effec-
25 tuate the purpose thereof, and for the examination and licensing of electrical
26 contractors, journeyman electricians, master journeyman electricians, spe-
27 cialty electricians, specialty electrical contractors, specialty electrical
28 trainees and apprentice electricians. The board shall also establish the clas-
29 sifications for specialty electrician and specialty electrical contractor
30 licensing and the fees to be charged for permits and inspections of electrical
31 systems. The board shall establish by administrative rule the fines to be paid
32 for citations issued and shall hear appeals regarding the imposition of civil
33 penalties for violations of this act chapter and the rules of the Idaho elec-
34 trical board. The board is authorized to affirm, reject, decrease or increase
35 the penalty imposed by the administrator. However, in no case shall the pen-
36 alty exceed one thousand dollars ($1,000) for each offense.
37 (6) Each member of the board not otherwise compensated by public moneys
38 shall be compensated as provided by section 59-509(g), Idaho Code.
39 SECTION 3. That Section 54-1009, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 54-1009. REVOCATION OR SUSPENSION OF LICENSES -- HEARINGS -- TAKING TES-
42 TIMONY. The administrator shall have power to revoke or suspend any license if
43 the same was obtained through error or fraud, or if the holder thereof is
44 shown to be grossly incompetent, or has willfully violated any of the rules
45 prescribed by the board, or as prescribed in this act; or has, after due
46 notice, failed or refused to correct, within the specified time, any electri-
47 cal installation not in compliance with the provisions of this act, or has
48 failed to pay within the time provided, civil penalties which have become
49 final by operation of law, provided, before any license shall be revoked or
50 suspended, the holder thereof shall have written notice enumerating the
51 charges against him, and shall be given a hearing by said administrator, and
52 have an opportunity to produce testimony in his behalf, at a time and place
53 specified in said notice, which time shall not be less than five (5) days
3
1 after the service thereof. The proceedings shall be governed by the provisions
2 of chapter 52, title 67, Idaho Code. Any party aggrieved by the action of the
3 administrator shall be entitled to judicial review thereof in accordance with
4 the provisions of chapter 52, title 67, Idaho Code.
5 The administrator shall have the power to appoint, by an order in writing,
6 a hearing officer to take testimony, who shall have power to administer oaths,
7 issue subpoenas and compel the attendance of witnesses, and the decision of
8 the administrator shall be based on his examination of the testimony taken and
9 the records produced. Any person whose license has been revoked may, after the
10 expiration of one (1) year from the date of such revocation, but not before,
11 apply for a new license.
12 SECTION 4. That Section 54-1013, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 54-1013. RENEWAL OF LICENSES. A license once issued under this act,
15 unless revoked or suspended as herein provided, may be renewed at any time
16 during the month of July next following its issuance on the payment of the
17 renewal fee herein specified, and proof of satisfaction of the continuing edu-
18 cation requirements as established by the electrical board, and provided that
19 all outstanding civil penalties, and permit or other fees, have been paid in
20 full, and all outstanding correction notices have been satisfactorily
21 resolved. Any license which has expired may be revived at any time within one
22 (1) year from the first day of July next following its issuance, by payment of
23 the revival fee herein specified, together with all outstanding civil penal-
24 ties, and permit or other fees and penalties, and upon proof that outstanding
25 correction notices have been satisfactorily resolved. Certificates of compe-
26 tency issued prior to July 1, 1961, shall, for the purpose of this act, be
27 considered as licenses and may be renewed or revived as herein provided.
AS1345
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by King-Barrutia
Seconded by Davis
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1345
1 AMENDMENTS TO SECTION 2
2 On page 2 of the printed bill, in line 37, delete "establish by adminis-
3 trative rule the fines to be paid" and insert: "establish by administrative
4 rule the fines to be paid"; in line 38, delete "for citations issued" and
5 insert: "for citations issued and shall"; delete line 39 and insert: "for
6 violations of this act chapter and the rules of the Idaho electrical board";
7 and in line 40, delete "as established in section 54-1017A, Idaho Code".
8 AMENDMENTS TO THE BILL
9 On page 3, delete lines 35 through 51; and delete all of pages 4 and 5.
10 CORRECTIONS TO TITLE
11 On page 1, in line 5, delete "TO REMOVE THE BOARD'S AUTHOR-"; in line 6,
12 delete "ITY TO ESTABLISH FINES,"; in line 10, following "SUSPENDED;" insert:
13 "AND"; in line 12, following "LICENSE" delete the remainder of the line;
14 delete lines 13, 14, 15 and 16; and in line 17, delete "EFFECTIVE DATE".
STATEMENT OF PURPOSE
RS09710
This legislation sets the civil penalties (fines) that may be levied for
violation of rules relating to electrical contractors and journeymen. Sets
penalties for multiple offenses. Allows for fines to be set by the Administrator
of the Division of Building Safety and provides an Electrical Board hearing
if requested. Provides for revocation of Electrical license if warranted.
FISCAL NOTE
No fiscal impact to the general fund.
CONTACT: Senator Robbi King
(208) 332-1347
STATEMENT OF PURPOSE/ FISCAL NOTE S 1345