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H0238aa.........................................................by BUSINESS
PUBLIC WORKS CONTRACTORS - LICENSING - Amends and repeals existing law to
reorganize the powers and duties of the administrator of the Division of
Building Safety and the Public Works Contractor's License Board regarding
the licensing of public works contractors.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Bus
03/08 Rpt out - to Gen Ord
03/12 Rpt out amen - to engros
03/13 Rpt engros - 1st rdg - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 67-1-2
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- McKague
Absent and excused -- Higgins, Schaefer
Floor Sponsor -- Gagner
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to Com/HuRes
03/22 Rpt out - rec d/p - to 2nd rdg as amen
03/23 2nd rdg - to 3rd rdg as amen
03/26 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Goedde
Title apvd - to House
03/28 To enrol - rpt enrol - Sp signed - Pres signed
03/29 To Governor
04/02 Governor signed
Session Law Chapter 300
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 238
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO LICENSING OF PUBLIC WORKS CONTRACTORS; AMENDING SECTION 54-1901,
3 IDAHO CODE, TO DELETE THE DEFINITION OF "EXECUTIVE DIRECTOR," TO DEFINE
4 "ADMINISTRATOR" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-
5 1902, IDAHO CODE, TO PROVIDE THAT THE ADMINISTRATOR SHALL BE RESPONSIBLE
6 FOR THE ISSUANCE OF PUBLIC WORKS CONTRACTOR LICENSES AND TO MAKE TECHNICAL
7 CORRECTIONS; AMENDING SECTION 54-1904, IDAHO CODE, TO PROVIDE CORRECT TER-
8 MINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1905,
9 IDAHO CODE, TO PROVIDE RESPONSIBILITIES OF THE ADMINISTRATOR OF THE DIVI-
10 SION OF BUILDING SAFETY; REPEALING SECTION 54-1906, IDAHO CODE; AMENDING
11 SECTION 54-1907, IDAHO CODE, TO REVISE THE DUTIES AND POWERS OF THE PUBLIC
12 WORKS CONTRACTORS LICENSE BOARD AND TO TRANSFER CERTAIN DUTIES TO THE
13 ADMINISTRATOR; AMENDING SECTION 54-1910, IDAHO CODE, TO PROVIDE THAT THE
14 ADMINISTRATOR SHALL HAVE THE POWER AND AUTHORITY TO INVESTIGATE, CLASSIFY
15 AND QUALIFY APPLICANTS FOR LICENSE UNDER RULES ADOPTED BY THE BOARD;
16 AMENDING SECTION 54-1911, IDAHO CODE, TO MODIFY THE PROCEDURES AND AUTHOR-
17 ITY FOR FILING, ISSUING AND DENYING LICENSES AND TO MAKE TECHNICAL CORREC-
18 TIONS; AMENDING SECTION 54-1912, IDAHO CODE, TO MODIFY THE PROCEDURES AND
19 AUTHORITY FOR RENEWING LICENSES AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
20 ING SECTION 54-1913, IDAHO CODE, TO PROVIDE DUTIES OF THE ADMINISTRATOR
21 FOR MAINTAINING RECORDS AND PUBLISHING LISTS AND INFORMATION AND TO MAKE
22 TECHNICAL CORRECTIONS; AMENDING SECTION 54-1914, IDAHO CODE, TO AUTHORIZE
23 THE ADMINISTRATOR TO INITIATE INVESTIGATIONS AND DISCIPLINARY ACTIONS, TO
24 PROVIDE THAT A CHANGE IN FINANCIAL CIRCUMSTANCES IS CAUSE FOR INVESTIGA-
25 TION AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTION 54-1914A, IDAHO
26 CODE; AMENDING SECTION 54-1915, IDAHO CODE, TO PROVIDE DUTIES OF THE
27 ADMINISTRATOR REGARDING DISCIPLINARY ACTIONS AND TO REVISE THE PROCEDURE
28 FOR DUE PROCESS IN DISCIPLINARY ACTIONS; AMENDING SECTION 54-1916, IDAHO
29 CODE, TO CLARIFY ACTIONS WHICH ARE SUBJECT TO JUDICIAL REVIEW, TO PROVIDE
30 A REVISION TO THE APPEALS PROCESS AND TO MAKE TECHNICAL CORRECTIONS;
31 AMENDING SECTION 54-1917, IDAHO CODE, TO PROVIDE DUTIES OF THE ADMINISTRA-
32 TOR REGARDING RENEWAL OF SUSPENDED AND REVOKED LICENSES AND TO MAKE TECH-
33 NICAL CORRECTIONS; AMENDING SECTION 54-1918, IDAHO CODE, TO PROVIDE POWER
34 OF THE ADMINISTRATOR REGARDING SUBPOENAS AND PROCESS AND TO MAKE TECHNICAL
35 CORRECTIONS; AMENDING SECTION 54-1921, IDAHO CODE, TO DELETE OUTDATED LAN-
36 GUAGE REGARDING THE EXPENDITURE OF FUNDS IN THE PUBLIC WORKS CONTRACTORS
37 LICENSE FUND AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMER-
38 GENCY.
39 Be It Enacted by the Legislature of the State of Idaho:
40 SECTION 1. That Section 54-1901, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 54-1901. DEFINITIONS. For the interpretation of this act chapter, unless
43 the context indicates a different meaning:
2
1 (a) "Person" includes any individual, firm, copartnership, corporation,
2 limited liability company, limited liability partnership, association or other
3 organization, or any combination thereof acting as a unit.
4 (b) "Public works contractor," which term is synonymous with the term
5 "builder," "sub-contractor subcontractor" and "specialty contractor," and in
6 this act chapter referred to as "contractor" or "licensee," includes any per-
7 son who, in any capacity, undertakes, or offers to undertake, or purports to
8 have the capacity to undertake any construction, repair or reconstruction of
9 any public work, or submits a proposal to, or enters into a contract with, the
10 state of Idaho, or any county, city, school district, sewer district, fire
11 district, or any other taxing subdivision or district of any public or quasi-
12 public corporation of the state, or with any agency, or with any other public
13 board, body, commission, department or agency, or officer or representative
14 thereof, authorized to let or award contracts for the construction, repair or
15 reconstruction of any public work.
16 (c) "Public works construction" includes any or all of the following
17 branches:
18 (1) Heavy construction, which is defined as constructing substantially in
19 its entirety any fixed works and structures (not including "building con-
20 struction"), without limitation, for any or all of the following divisions
21 of subjects: irrigation, drainage, sanitation, sewage, water power, water
22 supply, reservoirs, flood control, reclamation, inland waterways, rail-
23 roads, grade separations, track elevation, elevated highways, hydro-
24 electric developments, aqueducts, transmission lines, duct lines, pipe-
25 lines, locks, dams, dykes, levees, revetments, channels, channel cutoffs,
26 intakes, drainage, excavation and disposal of earth and rocks, founda-
27 tions, piers, abutments, retaining walls, viaducts, shafts, tunnels, air-
28 ports, air bases and airways, and other facilities incidental to the same;
29 (2) Highway construction, which is defined as all work included in high-
30 way construction contracts, including, without limitation, highways,
31 roads, streets, bridges, tunnels, sewer and street grading, street paving,
32 curb setting, surfacing and other facilities incidental to any of the
33 same;
34 (3) Building construction, which is defined as all work in connection
35 with any structure now built, being built, or hereafter built, for the
36 support, shelter and inclosure of persons, chattels, personal and movable
37 property of any kind, requiring in its construction the use of more than
38 two (2) unrelated building trades or crafts.
39 (4) Specialty construction, which is defined as any work in connection
40 with any public works construction, requiring special skill and the use of
41 specially skilled trades or crafts.
42 (d) "Board" means the board created by this act chapter under the name of
43 "public works contractors license board."
44 (e) "Executive directorAdministrator" means the person appointed as such
45 under this act administrator of the division of building safety.
46 (f) "Year" means the fiscal year ending June 30, each year.
47 (g) "Federal aid funds" means a direct grant in aid, matching funds, or
48 loan from an agency of the federal government and designated for a specific
49 public works project. Revenue sharing funds, federal impact funds, timber
50 stumpage fees, and similar indirect allowances and subsidies not designated
51 for a specific public works project shall not be regarded as "federal aid
52 funds" within the meaning of this section.
53 (h) "Government obligation" means a public debt obligation of the United
54 States government or the state of Idaho and an obligation whose principal and
55 interest is unconditionally guaranteed by the United States government or the
3
1 state of Idaho.
2 (i) "Public entity" means the state of Idaho, or any county, city, school
3 district, sewer district, fire district, or any other taxing subdivision or
4 district of any public or quasi-public corporation of the state, or any agency
5 thereof, or with any other public board, body, commission, department or
6 agency, or officer or representative thereof.
7 (j) "Bid" or "bidder" means any proposal submitted by a public works con-
8 tractor to a public entity in competitive bidding for the construction, alter-
9 ation, repair or improvement of any public works construction.
10 SECTION 2. That Section 54-1902, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 54-1902. UNLAWFUL TO ENGAGE IN PUBLIC WORKS CONTRACTING WITHOUT LICENSE.
13 It shall be unlawful for any person to engage in the business or act in the
14 capacity of a public works contractor within this state without first obtain-
15 ing and having a license issued pursuant to the provisions of this chapter by
16 the administrator of the division of building safety, unless such person is
17 particularly exempted as provided in this act chapter. It shall be unlawful
18 for any public works contractor to subcontract in excess of eighty percent
19 (80%) of the work under any contract to be performed by him as such public
20 works contractor according to the contract prices therein set forth, unless
21 otherwise provided in the specifications of such contracts. Nor shall a public
22 works contractor accept a bid from any person who at that time does not pos-
23 sess the appropriate license for the project involved. Nor shall a public
24 works contractor accept bids to sublet any part of any contract for specialty
25 construction from a specialty contractor who at that time does not possess the
26 appropriate license in accordance with this act chapter; provided, however,
27 that no contractor shall be required to have a license under this act chapter
28 in order to submit a bid or proposal for contracts for public works financed
29 in whole or in part by federal aid funds, but at or prior to the award and
30 execution of any such contract by the state of Idaho, or any other contracting
31 authority mentioned in this act chapter, the successful bidder shall secure a
32 license as provided in this act chapter.
33 SECTION 3. That Section 54-1904, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 54-1904. CLASSES OF LICENSES -- RIGHTS GRANTED UNDER LICENSES -- FEES.
36 There shall be six (6) classes of licenses issued under the provisions of this
37 act chapter which are hereby designated as Classes AAA, AA, A, B, C and D, the
38 maximum fee for which shall be as hereinafter specified. Each applicant for a
39 license shall specify the class of license applied for in his application.
40 For the purpose of licensing public works contractors under this act chap-
41 ter the board may adopt rules necessary to determine the classification
42 according to their responsibility, and the type and scope of the operations of
43 a licensed contractor to those in which he is classified and qualified to
44 engage as in this act chapter provided.
45 Class "AAA" license. Any contractor whose qualifications, ability and
46 responsibility to execute contracts for public works involving an estimated
47 cost of more than three million dollars ($3,000,000) may, upon his application
48 and the payment of a license fee not to exceed one hundred fifty dollars
49 ($150), be granted a Class "AAA" license and be so classified by the board in
50 accordance with the provisions of this act chapter. The holder of a Class
51 "AAA" license shall be entitled to engage in the public works contracting
4
1 business in the state as provided in said license. The renewal fee for a Class
2 "AAA" license shall not exceed one hundred fifty dollars ($150).
3 Class "AA" license. Any contractor whose qualifications, ability and
4 responsibility to execute contracts for public works involving an estimated
5 cost of not more than three million dollars ($3,000,000) may, upon his appli-
6 cation and the payment of a license fee not to exceed one hundred fifty dol-
7 lars ($150), be granted a Class "AA" license and be so classified by the board
8 in accordance with the provisions of this act chapter. The holder of a Class
9 "AA" license shall be entitled to engage in the public works contracting busi-
10 ness in the state as provided in said license. The renewal fee for a Class
11 "AA" license shall not exceed one hundred fifty dollars ($150).
12 Class "A" license. Any contractor whose qualifications, ability and
13 responsibility to execute contracts for public works involving an estimated
14 cost of not more than one million dollars ($1,000,000) may, upon his applica-
15 tion and the payment of a license fee not to exceed one hundred fifty dollars
16 ($150), be granted a Class "A" license and be so classified by the board in
17 accordance with the provisions of this act chapter. The holder of a Class "A"
18 license shall be entitled to engage in the public works contracting business
19 in the state as provided in said license. The renewal fee for a Class "A"
20 license shall not exceed one hundred fifty dollars ($150).
21 Class "B" license. Any contractor whose qualifications, ability and
22 responsibility to execute contracts for public works involving an estimated
23 cost of not more than five hundred thousand dollars ($500,000), may, upon his
24 application and the payment of a license fee not to exceed seventy-five dol-
25 lars ($75.00) be granted a Class "B" license and be so classified by the board
26 in accordance with the provisions of this act chapter. The holder of a Class
27 "B" license shall be entitled to engage in the public works contracting busi-
28 ness in the state as provided in said license. The renewal fee for a Class "B"
29 license shall not exceed seventy-five dollars ($75.00).
30 Class "C" license. Any contractor whose qualifications, ability and
31 responsibility to execute contracts for public works involving an estimated
32 cost of not more than one hundred thousand dollars ($100,000), may, upon his
33 application and the payment of a license fee not to exceed seventy-five dol-
34 lars ($75.00), be granted a Class "C" license and be so classified by the
35 board in accordance with the provisions of this act chapter. The holder of a
36 Class "C" license shall be entitled to engage in the public works contracting
37 business in the state as provided in said license. The renewal fee for a Class
38 "C" license shall not exceed seventy-five dollars ($75.00).
39 Class "D" license. Any contractor whose qualifications, ability and
40 responsibility to execute contracts for public works involving an estimated
41 cost of not more than fifty thousand dollars ($50,000), may, upon his applica-
42 tion and the payment of a license fee not to exceed seventy-five dollars
43 ($75.00), be granted a Class "D" license and be so classified by the board in
44 accordance with the provisions of this act chapter. The holder of a Class "D"
45 license shall be entitled to engage in the public works contracting business
46 in the state as provided in said license. The renewal fee for a Class "D"
47 license shall not exceed seventy-five dollars ($75.00).
48 The board shall be vested with the power to fix annually the amount of the
49 original and renewal license fees for each class of license for the ensuing
50 license year. The amount of the license fee so fixed shall not exceed the max-
51 imum fee set forth in this section.
52 Each license issued by the board administrator shall clearly indicate the
53 type and scope of work for which the licensee is qualified and licensed. The
54 holder of the license shall be permitted to submit proposals for and perform
55 only those types of work specified in each license. The board administrator
5
1 may extend the permissible type or scope of work to be done under any license
2 when it is determined by the board administrator that the applicant meets all
3 of the requirements of this act chapter to qualify him to do such other work.
4 SECTION 4. That Section 54-1905, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 54-1905. PUBLIC WORKS CONTRACTORS LICENSE BOARD CREATED -- QUALIFICATIONS
7 OF APPOINTEES -- TERM -- REMOVALS. There is hereby created and made part of
8 the division of building safety in the department of self-governing agencies a
9 public works contractors license board. to It shall be the responsibility and
10 duty of the administrator of the division of building safety to administer and
11 enforce the provisions of this chapter, and to serve as secretary to the
12 board. The board shall be composed of seven (7) members, who shall be
13 appointed by the governor. One (1) member of the board shall be a "heavy con-
14 struction" contractor, one (1) member shall be a "highway construction" con-
15 tractor, two (2) members shall be "building construction" contractors, one (1)
16 member shall be a "specialty construction" contractor, as such construction
17 terms are defined in this chapter, one (1) member shall be a "construction
18 manager," and one (1) member shall be a registered professional engineer. All
19 contractor members of the board shall be contractors holding a current unre-
20 voked license at the time of their appointment, actively engaged in the con-
21 tracting business and have been so engaged for a period of not less than five
22 (5) years preceding the date of their appointment, and who shall so continue
23 in the contracting business during their term of office. Each member of the
24 board next preceding his appointment shall have been a citizen and resident of
25 the state of Idaho for at least five (5) years. The governor shall appoint a
26 member to said board for a term of six (6) years. Each member shall hold
27 office after the expiration of their own term until their successor has been
28 duly appointed and qualified. Vacancies on the board for any cause shall be
29 filled by appointment by the governor for the balance of the unexpired term.
30 The governor may remove any member of the board for misconduct, incompetence
31 or neglect of duty. Each member of the board shall receive a certificate of
32 appointment from the governor, and before entering upon the discharge of their
33 duties, shall file with the secretary of state the constitutional oath of
34 office.
35 SECTION 5. That Section 54-1906, Idaho Code, be, and the same is hereby
36 repealed.
37 SECTION 6. That Section 54-1907, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 54-1907. DUTIES AND POWERS OF THE BOARD -- SEAL. -- EXECUTIVE DIRECTOR
40 APPOINTED. The board shall be vested with all functions and duties relating to
41 the administration of this act and shall have full power to make rules as it
42 shall deem necessary to carry out the provisions of this act. The board shall
43 have the power to provide suitable quarters and equipment, records and sup-
44 plies as deemed necessary to carry out the provisions of this act is autho-
45 rized and directed to prescribe and amend rules consistent with this chapter
46 for the administration of this chapter and to effectuate the purpose thereof,
47 and for the investigation, classification, examination and licensing of public
48 works contractors. The board shall adopt a seal, having upon it the words
49 "Public Works Contractors License Board--State of Idaho." The care and custody
50 of the seal shall be with the executive director administrator. Any member of
6
1 the board may administer oaths and may take testimony concerning all matters
2 within the jurisdiction of the board.
3 The board shall appoint an executive director, and fix their compensation.
4 The executive director shall be the secretary to the board and shall carry out
5 such administrative duties as provided in this act and as delegated by the
6 board. The board may, in its discretion, refuse, sustain or reverse, by major-
7 ity vote, any action or decision of the executive director. For the adminis-
8 tration of this act the board may employ such other employees as may be neces-
9 sary, describe their duties and fix their compensation.
10 SECTION 7. That Section 54-1910, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 54-1910. EXAMINATIONS, QUALIFICATIONS AND APPLICATIONS. Under such rules
13 as it the board may adopt, the board administrator shall have the power and
14 authority to investigate, classify, and to qualify applicants for licenses
15 under this act chapter, by written or oral examinations, or both.
16 The qualifications to be required of an applicant by the board are as fol-
17 lows:
18 (a) Such degree of experience, and such general knowledge of the build-
19 ing, safety, health and lien laws of the state, and of the rudimentary admin-
20 istrative principles of the contracting business, as may be deemed necessary
21 by the board for the safety and protection of the public. The applicant if an
22 individual may qualify as to the aforementioned experience and knowledge by
23 personal appearance or by the appearance of his responsible managing employee,
24 and if a copartnership or corporation, limited liability company, limited lia-
25 bility partnership and any other combination or organization, by the appear-
26 ance of the responsible managing officer or member of the personnel of such
27 applicant. If the person qualifying by examination as to experience and knowl-
28 edge shall, for any reason whatsoever, cease to be connected with the licensee
29 to whom the license is issued, such licensee shall so notify the board admin-
30 istrator in writing within ten (10) days from such cessation. If such notice
31 is given, the license shall remain in force for a reasonable length of time,
32 to be determined by rules of the board. If such licensee fails to so notify
33 the board administrator within said ten (10) day period, then at the end of
34 such ten (10) day period, the license of such licensee shall be automatically
35 suspended. A suspended license shall be reinstated upon the filing with the
36 board administrator of an affidavit executed by the licensee or a member of
37 the suspended firm, to the effect that the individual originally examined for
38 the firm has been replaced by another individual who has been qualified by
39 examination as herein provided, and who shall not have had a license suspended
40 or revoked, nor have been connected with any licensee who has had a license
41 suspended or revoked for reasons that should preclude him from personally
42 qualifying as to good character as herein required of an applicant.
43 (b) The possession by the applicant of good character. Lack of character
44 may be established by showing any of the following:
45 (1) That the applicant has committed or done any act which, if committed
46 or done by any licensed contractor, would be grounds for the suspension or
47 revocation of a contractor's license, or
48 (2) That the applicant has committed or done any act involving dishon-
49 esty, fraud or deceit whereby the applicant has been benefited or whereby
50 some injury has been sustained by another, or
51 (3) That the applicant bears a bad reputation for honesty and integrity,
52 or
53 (4) That the applicant has been convicted of a felony.
7
1 (c) That he has never been refused a license or had a license revoked for
2 reasons that would preclude the granting of the license applied for.
3 (d) No license shall be issued to a corporation, copartnership, limited
4 liability company, limited liability partnership or other combination or orga-
5 nization if any responsible officer of such corporation, or other combination
6 or organization, or any member of such copartnership does not meet the quali-
7 fications required of an applicant other than those qualifications relating to
8 knowledge and experience.
9 (e) To obtain an original license under this act chapter, the applicant
10 shall submit to the board administrator, on such forms as it the administrator
11 shall prescribe, accompanied by the required fee for the class of license
12 applied for, and in accordance with such rules as may be deemed necessary and
13 adopted by the board in order to carry out the foregoing provisions of this
14 section, a sworn written application for such license, containing the state-
15 ment that applicant desires the issuance of a license under the terms of this
16 act chapter. The information contained in such application forms shall include
17 a complete statement of the general nature of applicant's contracting busi-
18 ness, and stating concisely applicant's experience and qualifications as a
19 contractor; the value and character of contract work completed and for whom
20 performed during the three (3) year period prior to filing the application; a
21 general description of applicant's machinery and equipment; a complete finan-
22 cial statement on such forms and disclosing such information as shall be
23 required by the board administrator, together with such additional information
24 as may be required by the board administrator to determine the applicant's
25 fitness for a license under this act chapter. The application shall contain,
26 if by an individual, their the individual's name, social security number and
27 business address; if by a copartnership, its business address and the names
28 and addresses of all partners; and if by a corporation, association, limited
29 liability company, limited liability partnership or other organization, its
30 business address and the names and addresses of the president, vice-president,
31 secretary, and chief construction managing officers, or responsible managing
32 employee.
33 SECTION 8. That Section 54-1911, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 54-1911. FILING, ISSUANCE AND DENIAL OF LICENSES -- JOINT VENTURE APPLI-
36 CATIONS -- FEES NOT REFUNDED. Applications for original licenses, together
37 with the fees therefor, shall be filed with the board if received at least ten
38 (10) days prior to consideration thereof by the board. administrator. After
39 such examination and investigation as the board may require may be prescribed
40 by rule, in accordance with the provisions of this act chapter, if no valid
41 reason exists for further investigation of applicant, the board administrator
42 shall at the next meeting issue a license to applicant permitting him to
43 engage in business as a contractor under the terms of this act chapter for the
44 licensing period designated. If the information brought to the attention of
45 the board administrator concerning the character and integrity of an applicant
46 is such that it would appear proper to deny the application, the applicant
47 shall be notified by certified mail to show cause within such time, not less
48 than five (5) days, nor more than thirty (30) days, why the application should
49 not be denied.
50 Applications for original licenses filed in accordance with the provisions
51 of this act shall be considered by the board at such special or regular
52 monthly meetings as the board may determine. Fees accompanying original appli-
53 cations under this section are for the administration and enforcement of the
8
1 provisions of this chapter and shall not be refunded to the applicant.
2 SECTION 9. That Section 54-1912, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 54-1912. EXPIRATION AND RENEWAL OF LICENSES -- FEES. All contractors
5 required by the provisions of this section to be licensed, shall be licensed
6 for a period of twelve (12) consecutive calendar months.
7 Each licensing period shall start on the first day of a calendar month and
8 end on the last day of the twelfth month from the date of beginning.
9 Licensing periods shall expire at midnight on the last day of the licens-
10 ing period.
11 Application for renewal of a current license prior to its expiration date
12 shall authorize operation as a contractor by such licensee until actual issu-
13 ance of such renewal license for the ensuing year or until the final decision
14 of the board is rendered in any proceeding. An applicant for renewal of a
15 license issued under this act chapter shall not be required to take any other
16 or further examination to obtain such renewal license, provided that at the
17 time of such application his license has not been suspended or permitted to
18 lapse or expire for any cause for a period of one (1) year or more. All appli-
19 cations for renewal of license shall be made on forms prescribed by the board
20 administrator and shall be accompanied by the annual renewal fee and a com-
21 plete current financial statement on such forms and disclosing such informa-
22 tion as shall be required by the board rule, duly certified as true by the
23 applicant, and if a copartnership, limited liability company or limited lia-
24 bility partnership by a member thereof, and if a corporation, by its executive
25 or financial officer; such renewal application shall be filed prior to the
26 first day of such renewal licensing period, otherwise the expired license
27 shall be renewable only after the application and fees therefor shall have
28 been on file with the board at least ten (10) days prior to consideration by
29 the board. Fees accompanying renewal applications under this section are for
30 the administration and enforcement of the provisions of this chapter and shall
31 not be refunded to the applicant.
32 The license issued under this act chapter shall be signed both by the
33 executive director administrator and by the licensee, shall be nontransfer-
34 able, and shall be displayed in the licensee's main office or chief place of
35 business, and satisfactory evidence of the possession thereof and of the cur-
36 rent annual renewal thereof shall be exhibited by licensee upon demand.
37 A surviving member or members of a licensed copartnership, limited liabil-
38 ity company or limited liability partnership by reason of death shall be enti-
39 tled to continue in business under such license until the expiration date
40 thereof, provided due application for permission is made to the board adminis-
41 trator within thirty (30) days after death of the member, and the application
42 is approved by the board administrator in accordance with its rules.
43 All licensees shall report to the board administrator all changes of per-
44 sonnel, name style or addresses recorded under this act chapter within thirty
45 (30) days after the changes are made.
46 SECTION 10. That Section 54-1913, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 54-1913. RECORDS, LISTS AND INFORMATION. The board administrator shall
49 maintain, at its office in Boise, Idaho, open to public inspection during
50 office hours, a complete record of all retained applications, licenses issued,
51 licenses renewed and all revocations, cancelations cancellations and suspen-
9
1 sions of licenses, and shall furnish a certified copy of any license issued,
2 upon receipt of the sum of fifty cents (50), which certified copy shall be
3 received in all courts and elsewhere as evidence of the facts stated therein.
4 Whenever funds are available for the purpose, the board administrator
5 shall publish a list of the names and addresses of contractors licensed under
6 this act chapter and such further information with respect to this act chapter
7 and its administration as the board administrator deems proper. The board
8 administrator may furnish the lists to such public works and building depart-
9 ments, public officials or public bodies, and other persons interested in or
10 allied with the building and construction industry in this or any other state
11 as deemed advisable, and at such intervals as deemed necessary, whenever funds
12 therefor are available. Copies of the lists may also be furnished by the board
13 administrator upon request to any firm or individual upon payment of a reason-
14 able fee fixed by the board.
15 Whenever funds are available for the purpose, the board administrator may
16 publish and disseminate to licensees of the board and to public officials or
17 other persons interested in or allied with the building and construction
18 industry, such information with relation to the administration and enforcement
19 of this act chapter as deemed necessary to carry out its purposes.
20 SECTION 11. That Section 54-1914, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 54-1914. DISCIPLINARY PROCEEDINGS. The board administrator may upon its
23 his own motion or at the direction of the board, and shall upon the verified
24 complaint in writing of any person, investigate the actions of any contractor
25 within the state and may undertake to reclassify, retype, place on probation,
26 impose an administrative fine not to exceed five thousand dollars ($5,000) per
27 violation, impose the administrative costs of bringing the action before the
28 board including, but not limited to, hearing officer fees, expert witness
29 fees, attorney's fees, costs of hearing transcripts and copies, temporarily
30 suspend or permanently revoke any license if the holder, while a licensee or
31 applicant hereunder, is guilty of or commits any one (1) or more of the fol-
32 lowing acts or omissions:
33 (a) Abandonment without legal excuse of any construction project or oper-
34 ation engaged in or undertaken by the licensee as a contractor.
35 (b) Diversion of funds or property received under express agreement for
36 prosecution or completion of a specific construction project or operation, or
37 for a specified purpose in the prosecution or completion of any construction
38 project or operation, and their application or use for any other construction
39 project or operation, obligation or purpose, with intent to defraud or deceive
40 creditors or the owner.
41 (c) Willful departure from or disregard of, plans or specifications in
42 any material respect, and prejudicial to another, without consent of the owner
43 or his duly authorized representative, and without the consent of the person
44 entitled to have the particular construction project or operation completed in
45 accordance with such plans and specifications.
46 (d) Willful or deliberate disregard and violation of valid building laws
47 of the state, or of any political subdivision thereof, or of the safety laws
48 or labor laws or compensation insurance laws of the state.
49 (e) Misrepresentation of a material fact by an applicant in obtaining a
50 license.
51 (f) Aiding or abetting an unlicensed person to evade the provisions of
52 this act chapter or conspiring with an unlicensed person, or allowing one's
53 license to be used by an unlicensed person, or acting as agent or partner or
10
1 associate or otherwise, of an unlicensed person with the intent to evade the
2 provisions of this act chapter.
3 (g) Failure in any material respect to comply with the provisions of this
4 act chapter.
5 (h) Acting in the capacity of a contractor under any license issued here-
6 under except: (1) in the name of the licensee as set forth upon the license,
7 or (2) in accordance with the personnel of the licensee as set forth in the
8 application for such license, or as later changed as provided in this act
9 chapter.
10 (i) Knowingly accepting a bid from, or entering into a contract with
11 another contractor for a portion of a public works project if at that time
12 such contractor does not possess the appropriate license to do that work as
13 provided in this act chapter.
14 (j) Willful failure or refusal without legal excuse on the part of a
15 licensee as a contractor to finish a construction project or operation with
16 reasonable diligence, causing material injury to another.
17 (k) Willful or deliberate failure by any licensee, or agent or officer
18 thereof, to pay any moneys when due, for any materials or services rendered in
19 connection with his operations as a contractor, when he has the capacity to
20 pay or when he has received sufficient funds therefor as payment for the par-
21 ticular construction work, project or operation for which the services or
22 materials were rendered or purchased; or denial of any such amount due or the
23 validity of the claim thereof with intent to secure for himself, his employer,
24 or other person, any discount upon such indebtedness or with intent to hinder,
25 delay or defraud the person to whom such indebtedness is due.
26 (l) Suffers a change in financial circumstances which may impair the
27 licensee's financial responsibility.
28 SECTION 12. That Section 54-1914A, Idaho Code, be, and the same is hereby
29 repealed.
30 SECTION 13. That Section 54-1915, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 54-1915. PROCEDURE FOR REVOCATION IMPOSITION OF DISCIPLINE. Upon the fil-
33 ing with the board of a verified complaint with the administrator charging a
34 licensee with the commission of any act constituting a cause for disciplinary
35 action within two (2) years prior to the date of filing, or upon such a find-
36 ing made by the administrator following an investigation, the board adminis-
37 trator shall forthwith issue a citation notice, accompanied by a copy of the
38 complaint, directing the licensee, within ten (10) days after service of the
39 citation notice, to appear by filing with the board administrator a verified
40 answer to the complaint, showing cause, if any, why the license should not be
41 suspended or revoked; provided, however, that the appearance of the licensee
42 by the filing of an answer may be waived by the complainant with the approval
43 of the board, in which case the board shall proceed to a hearing. The proceed-
44 ings before the board shall be governed by the provisions of chapter 52, title
45 67, Idaho Code.
46 The administrator shall have the power to appoint, by an order in writing,
47 a hearing officer to take testimony, who shall have power to administer oaths,
48 issue subpoenas and compel the attendance of witnesses.
49 Service of the citation notice and complaint upon the licensee shall be
50 fully effected by mailing a true copy of the citation notice and complaint,
51 together with a true copy of the complaint, by certified mail addressed to the
52 licensee at his last address of record with the board administrator. Service
11
1 of the citation notice and complaint shall be complete at the time of deposit
2 in accordance with the provisions of the Idaho Rrules of Ccivil Pprocedure
3 relating to service by mail.
4 Upon the filing of the answer, the board shall fix a time and place for
5 the hearing and give the licensee and the complainant not less than five (5)
6 days' notice thereof. The notice may be served by mailing a true copy by cer-
7 tified mail addressed to the licensee and to the complainant, respectively, at
8 the last known address of each. With the notice to the complainant there shall
9 be attached or enclosed a copy of the answer. If either party has appeared by
10 counsel, the notice shall be given in like manner to counsel instead of to the
11 party.
12 The hearing shall be conducted in accordance with the provisions of chap-
13 ter 52, title 67, Idaho Code, and the Idaho rules of administrative procedure.
14 Following the hearing, the hearing officer shall issue recommended find-
15 ings of fact, conclusions of law, and order.
16 The recommended order entered by the board may:
17 (a) Provide for the immediate complete suspension by the licensee of all
18 operations as a contractor during the period fixed by the decision.
19 (b) Permit the licensee to complete any or all contracts shown by compe-
20 tent evidence taken at the hearing to be then uncompleted.
21 (c) Impose upon the licensee compliance with such specific conditions as
22 may be just in connection with his operations as a contractor disclosed at the
23 hearing and may further provide that until such conditions are complied with
24 no application for restoration of the suspended or revoked license shall be
25 accepted by the board administrator.
26 (d) Provide for the imposition of any of the sanctions provided by sec-
27 tion 54-1914, Idaho Code.
28 Following a review of the entire hearing record, the administrator shall
29 issue a final decision.
30 SECTION 14. That Section 54-1916, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 54-1916. JUDICIAL REVIEW -- APPEALS PROCEDURE. The applicant or licensee,
33 as the case may be, shall have the right to judicial review of the an action
34 of the board administrator refusing, cancelling, revoking or suspending issu-
35 ance of a license, or actions taken by the board pursuant to section 54-1014,
36 Idaho Code, in accordance with the provisions of chapter 52, title 67, Idaho
37 Code.
38 Appeals may be taken from the judgment of said district court to the
39 Ssupreme Ccourt of Idaho by either party by serving written notice thereof on
40 the adverse party and filing the same in said district court within thirty
41 (30) days after entry of said judgment, but otherwise said appeal shall be in
42 the same manner that appeals are taken and records prepared on appeal in civil
43 actions.
44 On any appeal to the district court by a licensee, the court may, in its
45 discretion, upon the filing of a proper bond by the licensee in an amount to
46 be fixed by the court, but not less than one thousand dollars ($1,000), guar-
47 anteeing the compliance by the licensee with specific conditions imposed upon
48 him by the board's decision, if any, permit the licensee to continue to do
49 business as a contractor pending entry of judgment by the district court.
50 SECTION 15. That Section 54-1917, Idaho Code, be, and the same is hereby
51 amended to read as follows:
12
1 54-1917. RENEWAL OF SUSPENDED OR REVOKED LICENSE. After suspension or
2 revocation of the license upon any of the grounds set forth in this act chap-
3 ter, the board administrator may renew the license upon proof of compliance by
4 the contractor with all provisions of the decision as to renewal or, in the
5 absence of such decision or any provisions therein as to renewal, in the sound
6 discretion of the board administrator. After revocation of a license upon any
7 of the grounds set forth in this act chapter, the license shall not be renewed
8 or reissued within a period of one (1) year after the final decision of revo-
9 cation and then only on proper showing that all loss caused by the act or
10 omission for which the license was revoked has been fully satisfied and that
11 all conditions imposed by the decision of revocation have been complied with.
12 At any time before a case is finally submitted to the board for decision,
13 whether upon an original hearing, or upon a rehearing, a complaint or answer
14 may, upon the motion of either party, and with the consent of the board, or
15 upon the board's own motion, be amended. If new charges are alleged in an
16 amended complaint, the defendant may, upon request, be allowed ten (10) days
17 to prepare his defense to such new charges.
18 SECTION 16. That Section 54-1918, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 54-1918. SUBPOENAS AND PROCESS. In any investigation, proceeding or hear-
21 ing which the board administrator is empowered to institute, conduct or hold,
22 the board, and each member thereof, may administer oaths, certify to official
23 acts, issue subpoenas for the attendance of witnesses and the production of
24 books, papers and records, in like manner and to the same extent as courts of
25 record, and with their aid when necessary. The process issued by the board, or
26 any member thereof, shall extend to all parts of the state and may be served
27 by any person authorized to serve process, or by any person designated for
28 that purpose by the board or a member thereof. The person executing any such
29 process shall receive such compensation as may be allowed by the board and not
30 to exceed the fees prescribed by law for similar services, and such fees shall
31 be paid in the same manner as provided herein for the payment of fees for wit-
32 nesses. Any citation, notice or other process or any paper or document
33 required by this act chapter to be served on any party may be personally
34 served as provided in the Ccode of Ccivil Pprocedure, with the same effect as
35 if served by mail in the manner provided in this act chapter.
36 SECTION 17. That Section 54-1921, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 54-1921. PUBLIC WORKS CONTRACTORS LICENSE FUND -- APPROPRIATION. -- DIS-
39 BURSEMENTS. The state treasurer shall be custodian of a fund, which is hereby
40 created, to be known as the "Public Works Contractors License Fund," into
41 which shall be paid and deposited all funds accruing or received under any and
42 all provisions of this act chapter. All moneys from whatever source accruing
43 to or received by said fund are hereby appropriated for the payment of the
44 cost and expense of the administration and enforcement of this act chapter, as
45 herein provided, and the same shall be paid out by the state treasurer only
46 upon state vouchers prepared and approved by the board, certified to by the
47 chairman of the board, and approved by the state board of examiners. Any
48 moneys remaining in said fund on the last day of each year, as the term "year"
49 is defined in this act chapter, shall continue to be appropriated for the pur-
50 poses of this act chapter.
13
1 SECTION 18. An emergency existing therefor, which emergency is hereby
2 declared to exist, this act shall be in full force and effect on and after its
3 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Gagner
Seconded by Chase
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 238
1 AMENDMENT TO SECTION 14
2 On page 11 of the printed bill, in line 35, delete "54-1014" and insert:
3 "54-1914".
4 AMENDMENT TO THE BILL
5 On page 13, delete lines 1 through 3.
6 CORRECTIONS TO TITLE
7 On page 1, in line 35, following "CORRECTIONS;" insert: "AND"; in line 37,
8 following "CORRECTIONS" delete the remainder of the line; delete line 38, and
9 insert: ".".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 238, As Amended
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO LICENSING OF PUBLIC WORKS CONTRACTORS; AMENDING SECTION 54-1901,
3 IDAHO CODE, TO DELETE THE DEFINITION OF "EXECUTIVE DIRECTOR," TO DEFINE
4 "ADMINISTRATOR" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-
5 1902, IDAHO CODE, TO PROVIDE THAT THE ADMINISTRATOR SHALL BE RESPONSIBLE
6 FOR THE ISSUANCE OF PUBLIC WORKS CONTRACTOR LICENSES AND TO MAKE TECHNICAL
7 CORRECTIONS; AMENDING SECTION 54-1904, IDAHO CODE, TO PROVIDE CORRECT TER-
8 MINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1905,
9 IDAHO CODE, TO PROVIDE RESPONSIBILITIES OF THE ADMINISTRATOR OF THE DIVI-
10 SION OF BUILDING SAFETY; REPEALING SECTION 54-1906, IDAHO CODE; AMENDING
11 SECTION 54-1907, IDAHO CODE, TO REVISE THE DUTIES AND POWERS OF THE PUBLIC
12 WORKS CONTRACTORS LICENSE BOARD AND TO TRANSFER CERTAIN DUTIES TO THE
13 ADMINISTRATOR; AMENDING SECTION 54-1910, IDAHO CODE, TO PROVIDE THAT THE
14 ADMINISTRATOR SHALL HAVE THE POWER AND AUTHORITY TO INVESTIGATE, CLASSIFY
15 AND QUALIFY APPLICANTS FOR LICENSE UNDER RULES ADOPTED BY THE BOARD;
16 AMENDING SECTION 54-1911, IDAHO CODE, TO MODIFY THE PROCEDURES AND AUTHOR-
17 ITY FOR FILING, ISSUING AND DENYING LICENSES AND TO MAKE TECHNICAL CORREC-
18 TIONS; AMENDING SECTION 54-1912, IDAHO CODE, TO MODIFY THE PROCEDURES AND
19 AUTHORITY FOR RENEWING LICENSES AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
20 ING SECTION 54-1913, IDAHO CODE, TO PROVIDE DUTIES OF THE ADMINISTRATOR
21 FOR MAINTAINING RECORDS AND PUBLISHING LISTS AND INFORMATION AND TO MAKE
22 TECHNICAL CORRECTIONS; AMENDING SECTION 54-1914, IDAHO CODE, TO AUTHORIZE
23 THE ADMINISTRATOR TO INITIATE INVESTIGATIONS AND DISCIPLINARY ACTIONS, TO
24 PROVIDE THAT A CHANGE IN FINANCIAL CIRCUMSTANCES IS CAUSE FOR INVESTIGA-
25 TION AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTION 54-1914A, IDAHO
26 CODE; AMENDING SECTION 54-1915, IDAHO CODE, TO PROVIDE DUTIES OF THE
27 ADMINISTRATOR REGARDING DISCIPLINARY ACTIONS AND TO REVISE THE PROCEDURE
28 FOR DUE PROCESS IN DISCIPLINARY ACTIONS; AMENDING SECTION 54-1916, IDAHO
29 CODE, TO CLARIFY ACTIONS WHICH ARE SUBJECT TO JUDICIAL REVIEW, TO PROVIDE
30 A REVISION TO THE APPEALS PROCESS AND TO MAKE TECHNICAL CORRECTIONS;
31 AMENDING SECTION 54-1917, IDAHO CODE, TO PROVIDE DUTIES OF THE ADMINISTRA-
32 TOR REGARDING RENEWAL OF SUSPENDED AND REVOKED LICENSES AND TO MAKE TECH-
33 NICAL CORRECTIONS; AMENDING SECTION 54-1918, IDAHO CODE, TO PROVIDE POWER
34 OF THE ADMINISTRATOR REGARDING SUBPOENAS AND PROCESS AND TO MAKE TECHNICAL
35 CORRECTIONS; AND AMENDING SECTION 54-1921, IDAHO CODE, TO DELETE OUTDATED
36 LANGUAGE REGARDING THE EXPENDITURE OF FUNDS IN THE PUBLIC WORKS CONTRAC-
37 TORS LICENSE FUND AND TO MAKE TECHNICAL CORRECTIONS.
38 Be It Enacted by the Legislature of the State of Idaho:
39 SECTION 1. That Section 54-1901, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 54-1901. DEFINITIONS. For the interpretation of this act chapter, unless
42 the context indicates a different meaning:
43 (a) "Person" includes any individual, firm, copartnership, corporation,
2
1 limited liability company, limited liability partnership, association or other
2 organization, or any combination thereof acting as a unit.
3 (b) "Public works contractor," which term is synonymous with the term
4 "builder," "sub-contractor subcontractor" and "specialty contractor," and in
5 this act chapter referred to as "contractor" or "licensee," includes any per-
6 son who, in any capacity, undertakes, or offers to undertake, or purports to
7 have the capacity to undertake any construction, repair or reconstruction of
8 any public work, or submits a proposal to, or enters into a contract with, the
9 state of Idaho, or any county, city, school district, sewer district, fire
10 district, or any other taxing subdivision or district of any public or quasi-
11 public corporation of the state, or with any agency, or with any other public
12 board, body, commission, department or agency, or officer or representative
13 thereof, authorized to let or award contracts for the construction, repair or
14 reconstruction of any public work.
15 (c) "Public works construction" includes any or all of the following
16 branches:
17 (1) Heavy construction, which is defined as constructing substantially in
18 its entirety any fixed works and structures (not including "building con-
19 struction"), without limitation, for any or all of the following divisions
20 of subjects: irrigation, drainage, sanitation, sewage, water power, water
21 supply, reservoirs, flood control, reclamation, inland waterways, rail-
22 roads, grade separations, track elevation, elevated highways, hydro-
23 electric developments, aqueducts, transmission lines, duct lines, pipe-
24 lines, locks, dams, dykes, levees, revetments, channels, channel cutoffs,
25 intakes, drainage, excavation and disposal of earth and rocks, founda-
26 tions, piers, abutments, retaining walls, viaducts, shafts, tunnels, air-
27 ports, air bases and airways, and other facilities incidental to the same;
28 (2) Highway construction, which is defined as all work included in high-
29 way construction contracts, including, without limitation, highways,
30 roads, streets, bridges, tunnels, sewer and street grading, street paving,
31 curb setting, surfacing and other facilities incidental to any of the
32 same;
33 (3) Building construction, which is defined as all work in connection
34 with any structure now built, being built, or hereafter built, for the
35 support, shelter and inclosure of persons, chattels, personal and movable
36 property of any kind, requiring in its construction the use of more than
37 two (2) unrelated building trades or crafts.
38 (4) Specialty construction, which is defined as any work in connection
39 with any public works construction, requiring special skill and the use of
40 specially skilled trades or crafts.
41 (d) "Board" means the board created by this act chapter under the name of
42 "public works contractors license board."
43 (e) "Executive directorAdministrator" means the person appointed as such
44 under this act administrator of the division of building safety.
45 (f) "Year" means the fiscal year ending June 30, each year.
46 (g) "Federal aid funds" means a direct grant in aid, matching funds, or
47 loan from an agency of the federal government and designated for a specific
48 public works project. Revenue sharing funds, federal impact funds, timber
49 stumpage fees, and similar indirect allowances and subsidies not designated
50 for a specific public works project shall not be regarded as "federal aid
51 funds" within the meaning of this section.
52 (h) "Government obligation" means a public debt obligation of the United
53 States government or the state of Idaho and an obligation whose principal and
54 interest is unconditionally guaranteed by the United States government or the
55 state of Idaho.
3
1 (i) "Public entity" means the state of Idaho, or any county, city, school
2 district, sewer district, fire district, or any other taxing subdivision or
3 district of any public or quasi-public corporation of the state, or any agency
4 thereof, or with any other public board, body, commission, department or
5 agency, or officer or representative thereof.
6 (j) "Bid" or "bidder" means any proposal submitted by a public works con-
7 tractor to a public entity in competitive bidding for the construction, alter-
8 ation, repair or improvement of any public works construction.
9 SECTION 2. That Section 54-1902, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-1902. UNLAWFUL TO ENGAGE IN PUBLIC WORKS CONTRACTING WITHOUT LICENSE.
12 It shall be unlawful for any person to engage in the business or act in the
13 capacity of a public works contractor within this state without first obtain-
14 ing and having a license issued pursuant to the provisions of this chapter by
15 the administrator of the division of building safety, unless such person is
16 particularly exempted as provided in this act chapter. It shall be unlawful
17 for any public works contractor to subcontract in excess of eighty percent
18 (80%) of the work under any contract to be performed by him as such public
19 works contractor according to the contract prices therein set forth, unless
20 otherwise provided in the specifications of such contracts. Nor shall a public
21 works contractor accept a bid from any person who at that time does not pos-
22 sess the appropriate license for the project involved. Nor shall a public
23 works contractor accept bids to sublet any part of any contract for specialty
24 construction from a specialty contractor who at that time does not possess the
25 appropriate license in accordance with this act chapter; provided, however,
26 that no contractor shall be required to have a license under this act chapter
27 in order to submit a bid or proposal for contracts for public works financed
28 in whole or in part by federal aid funds, but at or prior to the award and
29 execution of any such contract by the state of Idaho, or any other contracting
30 authority mentioned in this act chapter, the successful bidder shall secure a
31 license as provided in this act chapter.
32 SECTION 3. That Section 54-1904, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 54-1904. CLASSES OF LICENSES -- RIGHTS GRANTED UNDER LICENSES -- FEES.
35 There shall be six (6) classes of licenses issued under the provisions of this
36 act chapter which are hereby designated as Classes AAA, AA, A, B, C and D, the
37 maximum fee for which shall be as hereinafter specified. Each applicant for a
38 license shall specify the class of license applied for in his application.
39 For the purpose of licensing public works contractors under this act chap-
40 ter the board may adopt rules necessary to determine the classification
41 according to their responsibility, and the type and scope of the operations of
42 a licensed contractor to those in which he is classified and qualified to
43 engage as in this act chapter provided.
44 Class "AAA" license. Any contractor whose qualifications, ability and
45 responsibility to execute contracts for public works involving an estimated
46 cost of more than three million dollars ($3,000,000) may, upon his application
47 and the payment of a license fee not to exceed one hundred fifty dollars
48 ($150), be granted a Class "AAA" license and be so classified by the board in
49 accordance with the provisions of this act chapter. The holder of a Class
50 "AAA" license shall be entitled to engage in the public works contracting
51 business in the state as provided in said license. The renewal fee for a Class
4
1 "AAA" license shall not exceed one hundred fifty dollars ($150).
2 Class "AA" license. Any contractor whose qualifications, ability and
3 responsibility to execute contracts for public works involving an estimated
4 cost of not more than three million dollars ($3,000,000) may, upon his appli-
5 cation and the payment of a license fee not to exceed one hundred fifty dol-
6 lars ($150), be granted a Class "AA" license and be so classified by the board
7 in accordance with the provisions of this act chapter. The holder of a Class
8 "AA" license shall be entitled to engage in the public works contracting busi-
9 ness in the state as provided in said license. The renewal fee for a Class
10 "AA" license shall not exceed one hundred fifty dollars ($150).
11 Class "A" license. Any contractor whose qualifications, ability and
12 responsibility to execute contracts for public works involving an estimated
13 cost of not more than one million dollars ($1,000,000) may, upon his applica-
14 tion and the payment of a license fee not to exceed one hundred fifty dollars
15 ($150), be granted a Class "A" license and be so classified by the board in
16 accordance with the provisions of this act chapter. The holder of a Class "A"
17 license shall be entitled to engage in the public works contracting business
18 in the state as provided in said license. The renewal fee for a Class "A"
19 license shall not exceed one hundred fifty dollars ($150).
20 Class "B" license. Any contractor whose qualifications, ability and
21 responsibility to execute contracts for public works involving an estimated
22 cost of not more than five hundred thousand dollars ($500,000), may, upon his
23 application and the payment of a license fee not to exceed seventy-five dol-
24 lars ($75.00) be granted a Class "B" license and be so classified by the board
25 in accordance with the provisions of this act chapter. The holder of a Class
26 "B" license shall be entitled to engage in the public works contracting busi-
27 ness in the state as provided in said license. The renewal fee for a Class "B"
28 license shall not exceed seventy-five dollars ($75.00).
29 Class "C" license. Any contractor whose qualifications, ability and
30 responsibility to execute contracts for public works involving an estimated
31 cost of not more than one hundred thousand dollars ($100,000), may, upon his
32 application and the payment of a license fee not to exceed seventy-five dol-
33 lars ($75.00), be granted a Class "C" license and be so classified by the
34 board in accordance with the provisions of this act chapter. The holder of a
35 Class "C" license shall be entitled to engage in the public works contracting
36 business in the state as provided in said license. The renewal fee for a Class
37 "C" license shall not exceed seventy-five dollars ($75.00).
38 Class "D" license. Any contractor whose qualifications, ability and
39 responsibility to execute contracts for public works involving an estimated
40 cost of not more than fifty thousand dollars ($50,000), may, upon his applica-
41 tion and the payment of a license fee not to exceed seventy-five dollars
42 ($75.00), be granted a Class "D" license and be so classified by the board in
43 accordance with the provisions of this act chapter. The holder of a Class "D"
44 license shall be entitled to engage in the public works contracting business
45 in the state as provided in said license. The renewal fee for a Class "D"
46 license shall not exceed seventy-five dollars ($75.00).
47 The board shall be vested with the power to fix annually the amount of the
48 original and renewal license fees for each class of license for the ensuing
49 license year. The amount of the license fee so fixed shall not exceed the max-
50 imum fee set forth in this section.
51 Each license issued by the board administrator shall clearly indicate the
52 type and scope of work for which the licensee is qualified and licensed. The
53 holder of the license shall be permitted to submit proposals for and perform
54 only those types of work specified in each license. The board administrator
55 may extend the permissible type or scope of work to be done under any license
5
1 when it is determined by the board administrator that the applicant meets all
2 of the requirements of this act chapter to qualify him to do such other work.
3 SECTION 4. That Section 54-1905, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 54-1905. PUBLIC WORKS CONTRACTORS LICENSE BOARD CREATED -- QUALIFICATIONS
6 OF APPOINTEES -- TERM -- REMOVALS. There is hereby created and made part of
7 the division of building safety in the department of self-governing agencies a
8 public works contractors license board. to It shall be the responsibility and
9 duty of the administrator of the division of building safety to administer and
10 enforce the provisions of this chapter, and to serve as secretary to the
11 board. The board shall be composed of seven (7) members, who shall be
12 appointed by the governor. One (1) member of the board shall be a "heavy con-
13 struction" contractor, one (1) member shall be a "highway construction" con-
14 tractor, two (2) members shall be "building construction" contractors, one (1)
15 member shall be a "specialty construction" contractor, as such construction
16 terms are defined in this chapter, one (1) member shall be a "construction
17 manager," and one (1) member shall be a registered professional engineer. All
18 contractor members of the board shall be contractors holding a current unre-
19 voked license at the time of their appointment, actively engaged in the con-
20 tracting business and have been so engaged for a period of not less than five
21 (5) years preceding the date of their appointment, and who shall so continue
22 in the contracting business during their term of office. Each member of the
23 board next preceding his appointment shall have been a citizen and resident of
24 the state of Idaho for at least five (5) years. The governor shall appoint a
25 member to said board for a term of six (6) years. Each member shall hold
26 office after the expiration of their own term until their successor has been
27 duly appointed and qualified. Vacancies on the board for any cause shall be
28 filled by appointment by the governor for the balance of the unexpired term.
29 The governor may remove any member of the board for misconduct, incompetence
30 or neglect of duty. Each member of the board shall receive a certificate of
31 appointment from the governor, and before entering upon the discharge of their
32 duties, shall file with the secretary of state the constitutional oath of
33 office.
34 SECTION 5. That Section 54-1906, Idaho Code, be, and the same is hereby
35 repealed.
36 SECTION 6. That Section 54-1907, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 54-1907. DUTIES AND POWERS OF THE BOARD -- SEAL. -- EXECUTIVE DIRECTOR
39 APPOINTED. The board shall be vested with all functions and duties relating to
40 the administration of this act and shall have full power to make rules as it
41 shall deem necessary to carry out the provisions of this act. The board shall
42 have the power to provide suitable quarters and equipment, records and sup-
43 plies as deemed necessary to carry out the provisions of this act is autho-
44 rized and directed to prescribe and amend rules consistent with this chapter
45 for the administration of this chapter and to effectuate the purpose thereof,
46 and for the investigation, classification, examination and licensing of public
47 works contractors. The board shall adopt a seal, having upon it the words
48 "Public Works Contractors License Board--State of Idaho." The care and custody
49 of the seal shall be with the executive director administrator. Any member of
50 the board may administer oaths and may take testimony concerning all matters
6
1 within the jurisdiction of the board.
2 The board shall appoint an executive director, and fix their compensation.
3 The executive director shall be the secretary to the board and shall carry out
4 such administrative duties as provided in this act and as delegated by the
5 board. The board may, in its discretion, refuse, sustain or reverse, by major-
6 ity vote, any action or decision of the executive director. For the adminis-
7 tration of this act the board may employ such other employees as may be neces-
8 sary, describe their duties and fix their compensation.
9 SECTION 7. That Section 54-1910, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-1910. EXAMINATIONS, QUALIFICATIONS AND APPLICATIONS. Under such rules
12 as it the board may adopt, the board administrator shall have the power and
13 authority to investigate, classify, and to qualify applicants for licenses
14 under this act chapter, by written or oral examinations, or both.
15 The qualifications to be required of an applicant by the board are as fol-
16 lows:
17 (a) Such degree of experience, and such general knowledge of the build-
18 ing, safety, health and lien laws of the state, and of the rudimentary admin-
19 istrative principles of the contracting business, as may be deemed necessary
20 by the board for the safety and protection of the public. The applicant if an
21 individual may qualify as to the aforementioned experience and knowledge by
22 personal appearance or by the appearance of his responsible managing employee,
23 and if a copartnership or corporation, limited liability company, limited lia-
24 bility partnership and any other combination or organization, by the appear-
25 ance of the responsible managing officer or member of the personnel of such
26 applicant. If the person qualifying by examination as to experience and knowl-
27 edge shall, for any reason whatsoever, cease to be connected with the licensee
28 to whom the license is issued, such licensee shall so notify the board admin-
29 istrator in writing within ten (10) days from such cessation. If such notice
30 is given, the license shall remain in force for a reasonable length of time,
31 to be determined by rules of the board. If such licensee fails to so notify
32 the board administrator within said ten (10) day period, then at the end of
33 such ten (10) day period, the license of such licensee shall be automatically
34 suspended. A suspended license shall be reinstated upon the filing with the
35 board administrator of an affidavit executed by the licensee or a member of
36 the suspended firm, to the effect that the individual originally examined for
37 the firm has been replaced by another individual who has been qualified by
38 examination as herein provided, and who shall not have had a license suspended
39 or revoked, nor have been connected with any licensee who has had a license
40 suspended or revoked for reasons that should preclude him from personally
41 qualifying as to good character as herein required of an applicant.
42 (b) The possession by the applicant of good character. Lack of character
43 may be established by showing any of the following:
44 (1) That the applicant has committed or done any act which, if committed
45 or done by any licensed contractor, would be grounds for the suspension or
46 revocation of a contractor's license, or
47 (2) That the applicant has committed or done any act involving dishon-
48 esty, fraud or deceit whereby the applicant has been benefited or whereby
49 some injury has been sustained by another, or
50 (3) That the applicant bears a bad reputation for honesty and integrity,
51 or
52 (4) That the applicant has been convicted of a felony.
53 (c) That he has never been refused a license or had a license revoked for
7
1 reasons that would preclude the granting of the license applied for.
2 (d) No license shall be issued to a corporation, copartnership, limited
3 liability company, limited liability partnership or other combination or orga-
4 nization if any responsible officer of such corporation, or other combination
5 or organization, or any member of such copartnership does not meet the quali-
6 fications required of an applicant other than those qualifications relating to
7 knowledge and experience.
8 (e) To obtain an original license under this act chapter, the applicant
9 shall submit to the board administrator, on such forms as it the administrator
10 shall prescribe, accompanied by the required fee for the class of license
11 applied for, and in accordance with such rules as may be deemed necessary and
12 adopted by the board in order to carry out the foregoing provisions of this
13 section, a sworn written application for such license, containing the state-
14 ment that applicant desires the issuance of a license under the terms of this
15 act chapter. The information contained in such application forms shall include
16 a complete statement of the general nature of applicant's contracting busi-
17 ness, and stating concisely applicant's experience and qualifications as a
18 contractor; the value and character of contract work completed and for whom
19 performed during the three (3) year period prior to filing the application; a
20 general description of applicant's machinery and equipment; a complete finan-
21 cial statement on such forms and disclosing such information as shall be
22 required by the board administrator, together with such additional information
23 as may be required by the board administrator to determine the applicant's
24 fitness for a license under this act chapter. The application shall contain,
25 if by an individual, their the individual's name, social security number and
26 business address; if by a copartnership, its business address and the names
27 and addresses of all partners; and if by a corporation, association, limited
28 liability company, limited liability partnership or other organization, its
29 business address and the names and addresses of the president, vice-president,
30 secretary, and chief construction managing officers, or responsible managing
31 employee.
32 SECTION 8. That Section 54-1911, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 54-1911. FILING, ISSUANCE AND DENIAL OF LICENSES -- JOINT VENTURE APPLI-
35 CATIONS -- FEES NOT REFUNDED. Applications for original licenses, together
36 with the fees therefor, shall be filed with the board if received at least ten
37 (10) days prior to consideration thereof by the board. administrator. After
38 such examination and investigation as the board may require may be prescribed
39 by rule, in accordance with the provisions of this act chapter, if no valid
40 reason exists for further investigation of applicant, the board administrator
41 shall at the next meeting issue a license to applicant permitting him to
42 engage in business as a contractor under the terms of this act chapter for the
43 licensing period designated. If the information brought to the attention of
44 the board administrator concerning the character and integrity of an applicant
45 is such that it would appear proper to deny the application, the applicant
46 shall be notified by certified mail to show cause within such time, not less
47 than five (5) days, nor more than thirty (30) days, why the application should
48 not be denied.
49 Applications for original licenses filed in accordance with the provisions
50 of this act shall be considered by the board at such special or regular
51 monthly meetings as the board may determine. Fees accompanying original appli-
52 cations under this section are for the administration and enforcement of the
53 provisions of this chapter and shall not be refunded to the applicant.
8
1 SECTION 9. That Section 54-1912, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-1912. EXPIRATION AND RENEWAL OF LICENSES -- FEES. All contractors
4 required by the provisions of this section to be licensed, shall be licensed
5 for a period of twelve (12) consecutive calendar months.
6 Each licensing period shall start on the first day of a calendar month and
7 end on the last day of the twelfth month from the date of beginning.
8 Licensing periods shall expire at midnight on the last day of the licens-
9 ing period.
10 Application for renewal of a current license prior to its expiration date
11 shall authorize operation as a contractor by such licensee until actual issu-
12 ance of such renewal license for the ensuing year or until the final decision
13 of the board is rendered in any proceeding. An applicant for renewal of a
14 license issued under this act chapter shall not be required to take any other
15 or further examination to obtain such renewal license, provided that at the
16 time of such application his license has not been suspended or permitted to
17 lapse or expire for any cause for a period of one (1) year or more. All appli-
18 cations for renewal of license shall be made on forms prescribed by the board
19 administrator and shall be accompanied by the annual renewal fee and a com-
20 plete current financial statement on such forms and disclosing such informa-
21 tion as shall be required by the board rule, duly certified as true by the
22 applicant, and if a copartnership, limited liability company or limited lia-
23 bility partnership by a member thereof, and if a corporation, by its executive
24 or financial officer; such renewal application shall be filed prior to the
25 first day of such renewal licensing period, otherwise the expired license
26 shall be renewable only after the application and fees therefor shall have
27 been on file with the board at least ten (10) days prior to consideration by
28 the board. Fees accompanying renewal applications under this section are for
29 the administration and enforcement of the provisions of this chapter and shall
30 not be refunded to the applicant.
31 The license issued under this act chapter shall be signed both by the
32 executive director administrator and by the licensee, shall be nontransfer-
33 able, and shall be displayed in the licensee's main office or chief place of
34 business, and satisfactory evidence of the possession thereof and of the cur-
35 rent annual renewal thereof shall be exhibited by licensee upon demand.
36 A surviving member or members of a licensed copartnership, limited liabil-
37 ity company or limited liability partnership by reason of death shall be enti-
38 tled to continue in business under such license until the expiration date
39 thereof, provided due application for permission is made to the board adminis-
40 trator within thirty (30) days after death of the member, and the application
41 is approved by the board administrator in accordance with its rules.
42 All licensees shall report to the board administrator all changes of per-
43 sonnel, name style or addresses recorded under this act chapter within thirty
44 (30) days after the changes are made.
45 SECTION 10. That Section 54-1913, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 54-1913. RECORDS, LISTS AND INFORMATION. The board administrator shall
48 maintain, at its office in Boise, Idaho, open to public inspection during
49 office hours, a complete record of all retained applications, licenses issued,
50 licenses renewed and all revocations, cancelations cancellations and suspen-
51 sions of licenses, and shall furnish a certified copy of any license issued,
52 upon receipt of the sum of fifty cents (50), which certified copy shall be
9
1 received in all courts and elsewhere as evidence of the facts stated therein.
2 Whenever funds are available for the purpose, the board administrator
3 shall publish a list of the names and addresses of contractors licensed under
4 this act chapter and such further information with respect to this act chapter
5 and its administration as the board administrator deems proper. The board
6 administrator may furnish the lists to such public works and building depart-
7 ments, public officials or public bodies, and other persons interested in or
8 allied with the building and construction industry in this or any other state
9 as deemed advisable, and at such intervals as deemed necessary, whenever funds
10 therefor are available. Copies of the lists may also be furnished by the board
11 administrator upon request to any firm or individual upon payment of a reason-
12 able fee fixed by the board.
13 Whenever funds are available for the purpose, the board administrator may
14 publish and disseminate to licensees of the board and to public officials or
15 other persons interested in or allied with the building and construction
16 industry, such information with relation to the administration and enforcement
17 of this act chapter as deemed necessary to carry out its purposes.
18 SECTION 11. That Section 54-1914, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 54-1914. DISCIPLINARY PROCEEDINGS. The board administrator may upon its
21 his own motion or at the direction of the board, and shall upon the verified
22 complaint in writing of any person, investigate the actions of any contractor
23 within the state and may undertake to reclassify, retype, place on probation,
24 impose an administrative fine not to exceed five thousand dollars ($5,000) per
25 violation, impose the administrative costs of bringing the action before the
26 board including, but not limited to, hearing officer fees, expert witness
27 fees, attorney's fees, costs of hearing transcripts and copies, temporarily
28 suspend or permanently revoke any license if the holder, while a licensee or
29 applicant hereunder, is guilty of or commits any one (1) or more of the fol-
30 lowing acts or omissions:
31 (a) Abandonment without legal excuse of any construction project or oper-
32 ation engaged in or undertaken by the licensee as a contractor.
33 (b) Diversion of funds or property received under express agreement for
34 prosecution or completion of a specific construction project or operation, or
35 for a specified purpose in the prosecution or completion of any construction
36 project or operation, and their application or use for any other construction
37 project or operation, obligation or purpose, with intent to defraud or deceive
38 creditors or the owner.
39 (c) Willful departure from or disregard of, plans or specifications in
40 any material respect, and prejudicial to another, without consent of the owner
41 or his duly authorized representative, and without the consent of the person
42 entitled to have the particular construction project or operation completed in
43 accordance with such plans and specifications.
44 (d) Willful or deliberate disregard and violation of valid building laws
45 of the state, or of any political subdivision thereof, or of the safety laws
46 or labor laws or compensation insurance laws of the state.
47 (e) Misrepresentation of a material fact by an applicant in obtaining a
48 license.
49 (f) Aiding or abetting an unlicensed person to evade the provisions of
50 this act chapter or conspiring with an unlicensed person, or allowing one's
51 license to be used by an unlicensed person, or acting as agent or partner or
52 associate or otherwise, of an unlicensed person with the intent to evade the
53 provisions of this act chapter.
10
1 (g) Failure in any material respect to comply with the provisions of this
2 act chapter.
3 (h) Acting in the capacity of a contractor under any license issued here-
4 under except: (1) in the name of the licensee as set forth upon the license,
5 or (2) in accordance with the personnel of the licensee as set forth in the
6 application for such license, or as later changed as provided in this act
7 chapter.
8 (i) Knowingly accepting a bid from, or entering into a contract with
9 another contractor for a portion of a public works project if at that time
10 such contractor does not possess the appropriate license to do that work as
11 provided in this act chapter.
12 (j) Willful failure or refusal without legal excuse on the part of a
13 licensee as a contractor to finish a construction project or operation with
14 reasonable diligence, causing material injury to another.
15 (k) Willful or deliberate failure by any licensee, or agent or officer
16 thereof, to pay any moneys when due, for any materials or services rendered in
17 connection with his operations as a contractor, when he has the capacity to
18 pay or when he has received sufficient funds therefor as payment for the par-
19 ticular construction work, project or operation for which the services or
20 materials were rendered or purchased; or denial of any such amount due or the
21 validity of the claim thereof with intent to secure for himself, his employer,
22 or other person, any discount upon such indebtedness or with intent to hinder,
23 delay or defraud the person to whom such indebtedness is due.
24 (l) Suffers a change in financial circumstances which may impair the
25 licensee's financial responsibility.
26 SECTION 12. That Section 54-1914A, Idaho Code, be, and the same is hereby
27 repealed.
28 SECTION 13. That Section 54-1915, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 54-1915. PROCEDURE FOR REVOCATION IMPOSITION OF DISCIPLINE. Upon the fil-
31 ing with the board of a verified complaint with the administrator charging a
32 licensee with the commission of any act constituting a cause for disciplinary
33 action within two (2) years prior to the date of filing, or upon such a find-
34 ing made by the administrator following an investigation, the board adminis-
35 trator shall forthwith issue a citation notice, accompanied by a copy of the
36 complaint, directing the licensee, within ten (10) days after service of the
37 citation notice, to appear by filing with the board administrator a verified
38 answer to the complaint, showing cause, if any, why the license should not be
39 suspended or revoked; provided, however, that the appearance of the licensee
40 by the filing of an answer may be waived by the complainant with the approval
41 of the board, in which case the board shall proceed to a hearing. The proceed-
42 ings before the board shall be governed by the provisions of chapter 52, title
43 67, Idaho Code.
44 The administrator shall have the power to appoint, by an order in writing,
45 a hearing officer to take testimony, who shall have power to administer oaths,
46 issue subpoenas and compel the attendance of witnesses.
47 Service of the citation notice and complaint upon the licensee shall be
48 fully effected by mailing a true copy of the citation notice and complaint,
49 together with a true copy of the complaint, by certified mail addressed to the
50 licensee at his last address of record with the board administrator. Service
51 of the citation notice and complaint shall be complete at the time of deposit
52 in accordance with the provisions of the Idaho Rrules of Ccivil Pprocedure
11
1 relating to service by mail.
2 Upon the filing of the answer, the board shall fix a time and place for
3 the hearing and give the licensee and the complainant not less than five (5)
4 days' notice thereof. The notice may be served by mailing a true copy by cer-
5 tified mail addressed to the licensee and to the complainant, respectively, at
6 the last known address of each. With the notice to the complainant there shall
7 be attached or enclosed a copy of the answer. If either party has appeared by
8 counsel, the notice shall be given in like manner to counsel instead of to the
9 party.
10 The hearing shall be conducted in accordance with the provisions of chap-
11 ter 52, title 67, Idaho Code, and the Idaho rules of administrative procedure.
12 Following the hearing, the hearing officer shall issue recommended find-
13 ings of fact, conclusions of law, and order.
14 The recommended order entered by the board may:
15 (a) Provide for the immediate complete suspension by the licensee of all
16 operations as a contractor during the period fixed by the decision.
17 (b) Permit the licensee to complete any or all contracts shown by compe-
18 tent evidence taken at the hearing to be then uncompleted.
19 (c) Impose upon the licensee compliance with such specific conditions as
20 may be just in connection with his operations as a contractor disclosed at the
21 hearing and may further provide that until such conditions are complied with
22 no application for restoration of the suspended or revoked license shall be
23 accepted by the board administrator.
24 (d) Provide for the imposition of any of the sanctions provided by sec-
25 tion 54-1914, Idaho Code.
26 Following a review of the entire hearing record, the administrator shall
27 issue a final decision.
28 SECTION 14. That Section 54-1916, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 54-1916. JUDICIAL REVIEW -- APPEALS PROCEDURE. The applicant or licensee,
31 as the case may be, shall have the right to judicial review of the an action
32 of the board administrator refusing, cancelling, revoking or suspending issu-
33 ance of a license, or actions taken by the board pursuant to section 54-1914,
34 Idaho Code, in accordance with the provisions of chapter 52, title 67, Idaho
35 Code.
36 Appeals may be taken from the judgment of said district court to the
37 Ssupreme Ccourt of Idaho by either party by serving written notice thereof on
38 the adverse party and filing the same in said district court within thirty
39 (30) days after entry of said judgment, but otherwise said appeal shall be in
40 the same manner that appeals are taken and records prepared on appeal in civil
41 actions.
42 On any appeal to the district court by a licensee, the court may, in its
43 discretion, upon the filing of a proper bond by the licensee in an amount to
44 be fixed by the court, but not less than one thousand dollars ($1,000), guar-
45 anteeing the compliance by the licensee with specific conditions imposed upon
46 him by the board's decision, if any, permit the licensee to continue to do
47 business as a contractor pending entry of judgment by the district court.
48 SECTION 15. That Section 54-1917, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 54-1917. RENEWAL OF SUSPENDED OR REVOKED LICENSE. After suspension or
51 revocation of the license upon any of the grounds set forth in this act chap-
12
1 ter, the board administrator may renew the license upon proof of compliance by
2 the contractor with all provisions of the decision as to renewal or, in the
3 absence of such decision or any provisions therein as to renewal, in the sound
4 discretion of the board administrator. After revocation of a license upon any
5 of the grounds set forth in this act chapter, the license shall not be renewed
6 or reissued within a period of one (1) year after the final decision of revo-
7 cation and then only on proper showing that all loss caused by the act or
8 omission for which the license was revoked has been fully satisfied and that
9 all conditions imposed by the decision of revocation have been complied with.
10 At any time before a case is finally submitted to the board for decision,
11 whether upon an original hearing, or upon a rehearing, a complaint or answer
12 may, upon the motion of either party, and with the consent of the board, or
13 upon the board's own motion, be amended. If new charges are alleged in an
14 amended complaint, the defendant may, upon request, be allowed ten (10) days
15 to prepare his defense to such new charges.
16 SECTION 16. That Section 54-1918, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 54-1918. SUBPOENAS AND PROCESS. In any investigation, proceeding or hear-
19 ing which the board administrator is empowered to institute, conduct or hold,
20 the board, and each member thereof, may administer oaths, certify to official
21 acts, issue subpoenas for the attendance of witnesses and the production of
22 books, papers and records, in like manner and to the same extent as courts of
23 record, and with their aid when necessary. The process issued by the board, or
24 any member thereof, shall extend to all parts of the state and may be served
25 by any person authorized to serve process, or by any person designated for
26 that purpose by the board or a member thereof. The person executing any such
27 process shall receive such compensation as may be allowed by the board and not
28 to exceed the fees prescribed by law for similar services, and such fees shall
29 be paid in the same manner as provided herein for the payment of fees for wit-
30 nesses. Any citation, notice or other process or any paper or document
31 required by this act chapter to be served on any party may be personally
32 served as provided in the Ccode of Ccivil Pprocedure, with the same effect as
33 if served by mail in the manner provided in this act chapter.
34 SECTION 17. That Section 54-1921, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 54-1921. PUBLIC WORKS CONTRACTORS LICENSE FUND -- APPROPRIATION. -- DIS-
37 BURSEMENTS. The state treasurer shall be custodian of a fund, which is hereby
38 created, to be known as the "Public Works Contractors License Fund," into
39 which shall be paid and deposited all funds accruing or received under any and
40 all provisions of this act chapter. All moneys from whatever source accruing
41 to or received by said fund are hereby appropriated for the payment of the
42 cost and expense of the administration and enforcement of this act chapter, as
43 herein provided, and the same shall be paid out by the state treasurer only
44 upon state vouchers prepared and approved by the board, certified to by the
45 chairman of the board, and approved by the state board of examiners. Any
46 moneys remaining in said fund on the last day of each year, as the term "year"
47 is defined in this act chapter, shall continue to be appropriated for the pur-
48 poses of this act chapter.
STATEMENT OF PURPOSE
RS 11111
The 2000 Legislature placed the Public Works Contractors Licensing
Board under the Division of Building Safety in the Department of
Self-Governing Agencies. Prior to the move, the board had functioned
independently within the Department of Self-Governing Agencies.
While the 2000 legislation brought the board within the Division
of Building Safety, the statutes giving the board the powers that
it needed to function independently were not transferred to the
administrator of the Division of Building Safety. This has led to
duplicative management, budgeting and personnel practices and has
prevented the incorporation of the board functions into a bureau
within the Division of Building Safety.
FISCAL IMPACT
There is no fiscal impact to the general fund. The Public Works
Contractor's Licensing Board is funded with dedicated funds.
Passage of the bill will likely result in modest cost savings
attributable to the streamlined management of board functions
which will occur when those functions are administered within the
existing organizational structure of the Division.
CONTACT: Rep. Lee Gagner
(208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 238