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H0130...........................................................by BUSINESS
BUILDING SERVICES - BOARDS - Amends existing law to change the payment for
members of the Idaho Building Code Advisory Board, the Manufactured Home
Advisory Board, the Idaho Electrical Board and the Idaho Plumbing Board
from compensation to an honorarium and to increase the amount from $35.00
per day to $50.00 per day.
02/01 House intro - 1st rdg - to printing
02/02 Rpt prt - to Bus
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
Rls susp - PASSED - 58-3-9
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bruneel, Callister, Campbell, Chase, Collins, Cuddy, Deal, Denney,
Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gould, Hadley,
Hammond, Harwood, Henbest, Higgins, Hornbeck, Jones, Kellogg,
Kendell, Kunz, Lake, Langford, Marley, Meyer, Montgomery, Moss,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman,
Trail, Wheeler, Wood, Young
NAYS -- Gagner, McKague, Ridinger
Absent and excused -- Bradford, Clark, Crow, Jaquet, Loertscher,
Mader, Mortensen, Swan, Mr. Speaker
Floor Sponsor -- Higgins
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to St Aff
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Branch, Boatright, 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 -- King-Barrutia
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed - Pres signed - to Gov
03/23 Governor signed
Session Law Chapter 151
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. 130
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO COMPENSATION OF STATUTORILY CREATED BOARDS; AMENDING SECTION
3 39-4106, IDAHO CODE, TO INCREASE THE COMPENSATION FOR THE IDAHO BUILDING
4 CODE ADVISORY BOARD; AMENDING SECTION 44-2104, IDAHO CODE, TO CHANGE THE
5 PAYMENT FOR THE MANUFACTURED HOME ADVISORY BOARD FROM COMPENSATION TO AN
6 HONORARIUM AND TO INCREASE THE AMOUNT; AMENDING SECTION 54-1006, IDAHO
7 CODE, TO INCREASE THE COMPENSATION FOR THE IDAHO ELECTRICAL BOARD; AND
8 AMENDING SECTION 54-2605, IDAHO CODE, TO INCREASE THE COMPENSATION FOR THE
9 IDAHO PLUMBING BOARD.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 39-4106, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-4106. IDAHO BUILDING CODE ADVISORY BOARD CREATED -- MEMBERSHIP --
14 APPOINTMENT -- TERMS -- QUORUM -- COMPENSATION -- MEETINGS. (1) The Idaho
15 building code advisory board is established within the department as an
16 appeals, code adoption and variance, and advisory board, to be appointed by
17 the governor, and shall consist of nine (9) members: one (1) member of the
18 general public; one (1) local fire official; one (1) registered engineer; one
19 (1) licensed architect; two (2) local building officials, one (1) from a
20 county and one (1) from a city; one (1) homebuilder or general contractor; one
21 (1) representative of the modular building industry; and one (1) individual
22 with a disability from an organization that represents people with all types
23 of disabilities. Board members shall be appointed for a term of four (4)
24 years. Three (3) consecutive failures by a member to attend meetings of the
25 board without reasonable cause shall constitute cause for removal of the mem-
26 ber from the board by the governor. Whenever a vacancy occurs, the governor
27 shall appoint a qualified person to fill the vacancy for the unexpired portion
28 of the term.
29 (2) The members of the board shall, at their first regular meeting fol-
30 lowing the effective date of this chapter and every two (2) years thereafter,
31 elect by majority vote of the members of the board, a chairman who shall pre-
32 side at meetings of the board. A majority of the members of the board shall
33 constitute a quorum.
34 (3) Each member of the board not otherwise compensated by public moneys
35 shall be compensated as provided by section 59-509(gh), Idaho Code, for each
36 day spent in attendance at meetings of the board.
37 (4) The board shall meet for regular business sessions at the call of the
38 administrator, chairman, or at the request of three (3) members of the board,
39 provided that the board shall meet at least biannually.
40 SECTION 2. That Section 44-2104, Idaho Code, be, and the same is hereby
41 amended to read as follows:
2
1 44-2104. MANUFACTURED HOME ADVISORY BOARD. (1) A manufactured home advi-
2 sory board is established in the division of building safety to advise the
3 administrator in the administration and enforcement of the provisions of this
4 chapter. The board shall consist of five (5) members, appointed by the gover-
5 nor, four (4) of whom shall be from licensed manufactured home dealers and one
6 (1) of whom shall be a consumer who lives in a manufactured home. The board
7 shall serve the following terms commencing January 1, 1989: two (2) members
8 shall be appointed for a term of one (1) year, two (2) members shall be
9 appointed for a term of two (2) years, and one (1) member shall be appointed
10 for a term of three (3) years. The consumer member shall be a member appointed
11 to a term beginning on January 1, 1996, or as soon thereafter as there is a
12 vacancy on the board. Thereafter board members shall be appointed for a term
13 of three (3) years. Not more than three (3) members shall at any time belong
14 to the same political party. Whenever a vacancy occurs, the governor shall
15 appoint a qualified person to fill the vacancy for the unexpired portion of
16 the term. The members of the board shall be compensated as provided in section
17 59-509(fn), Idaho Code, for each day spent in attendance at meetings of the
18 board. A majority of members shall constitute a quorum, and a quorum at any
19 meeting called by the administrator shall have full and complete power to act
20 upon and resolve in the name of the board any matter, thing or question
21 referred to it by the administrator, or which by reason of any provision of
22 this chapter, it has the power to determine.
23 (2) The board shall, on the first day of each January or as soon thereaf-
24 ter as practicable, elect a chairman, vice chairman and secretary from among
25 its members, and these officers shall hold office until their successors are
26 elected. As soon as the board has elected its officers, the secretary shall
27 certify the results of the election to the administrator. The chairman shall
28 preside at all meetings of the board and the secretary shall make a record of
29 the proceedings which shall be preserved in the offices of the division of
30 building safety. If the chairman is absent from any meeting of the board, his
31 duties shall be discharged by the vice chairman. All members of the board
32 present at a meeting shall be entitled to vote on any question, matter, or
33 thing which properly comes before it.
34 (3) The board shall have the authority to promulgate rules in accordance
35 with chapter 52, title 67, Idaho Code, to implement the provisions of this
36 chapter.
37 SECTION 3. That Section 54-1006, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 54-1006. IDAHO ELECTRICAL BOARD. (1) The Idaho electrical board, herein-
40 after known as the board, is hereby created and made a part of the division of
41 building safety. It shall be the responsibility and duty of the administrator
42 of the division of building safety to administer and enforce the provisions of
43 this act, and to serve as secretary to the Idaho electrical board.
44 (2) The board shall consist of nine (9) members to be appointed by the
45 governor with power of removal for cause. Two (2) members shall be licensed
46 journeymen or master electricians; two (2) members shall be employees or
47 officers of licensed electrical contractors; one (1) member shall be a
48 licensed specialty journeyman or contractor; one (1) member shall be an
49 employee or officer of an electrical power provider; one (1) member shall be
50 an employee or officer of a manufacturing plant or other large power user; one
51 (1) member shall be an employee or director of a manufacturer or distributor
52 of electrical supplies or materials; and one (1) member shall be from the pub-
53 lic at large not directly associated with the electrical industry. Board mem-
3
1 bers shall be appointed for a term of four (4) years. Whenever a vacancy
2 occurs, the governor shall appoint a qualified person to fill the vacancy for
3 the unexpired portion of the term.
4 (3) All members of the board shall be citizens of the United States, res-
5 idents of this state for not less than two (2) years and shall be qualified by
6 experience, knowledge and integrity in formulating rules for examinations, in
7 passing on the fitness and qualifications of applicants for electrical con-
8 tractor and journeyman electrician licenses and in establishing standards for
9 electrical products to be used in electrical installations coming under the
10 provisions of this act.
11 (4) The members of the board shall, at their first regular meeting fol-
12 lowing the effective date of this act and every two (2) years thereafter,
13 elect by majority vote of the members of the board, a chairman who shall pre-
14 side at meetings of the board. In the event the chairman is not present at any
15 board meeting, the board may by majority vote of the members present appoint a
16 temporary chairman. A majority of the members of the board shall constitute a
17 quorum.
18 (5) The board is authorized and directed to prescribe and amend rules
19 consistent with this act for the administration of this chapter and to effec-
20 tuate the purpose thereof, and for the examination and licensing of electrical
21 contractors, journeyman electricians, master electricians, specialty electri-
22 cians, specialty electrical contractors, specialty electrical trainees and
23 apprentice electricians. The board shall also establish the classifications
24 for specialty electrician and specialty electrical contractor licensing and
25 the fees to be charged for permits and inspections of electrical systems. The
26 board shall establish by administrative rule the fines to be paid for cita-
27 tions issued and shall hear appeals regarding the imposition of civil penal-
28 ties for violations of this chapter and the rules of the Idaho electrical
29 board. The board is authorized to affirm, reject, decrease or increase the
30 penalty imposed by the administrator. However, in no case shall the penalty
31 exceed one thousand dollars ($1,000) for each offense.
32 (6) Each member of the board not otherwise compensated by public moneys
33 shall be compensated as provided by section 59-509(gh), Idaho Code.
34 SECTION 4. That Section 54-2605, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 54-2605. IDAHO PLUMBING BOARD. (1) The Idaho plumbing board, referred to
37 as the board, is hereby created and made a part of the division of building
38 safety. It shall be the responsibility and duty of the administrator of the
39 division of building safety to administer and enforce the provisions of this
40 act; and the board shall make, promulgate and publish such rules as may be
41 necessary for carrying out the provisions of this act in order to effectuate
42 the purposes thereof and for the orderly and efficient administration thereof,
43 and except as may be limited or prohibited by law and the provisions of this
44 act, such rules so made and promulgated shall have the force of statute.
45 (2) The board shall consist of five (5) members. The members shall be
46 appointed at large by the governor, with power of removal for cause. Members
47 shall be appointed for a term of three (3) years. Whenever a vacancy occurs
48 the governor shall forthwith appoint a qualified person to fill the vacancy
49 for the unexpired portion of the term.
50 (3) All members of the board shall be United States citizens, residents
51 of this state for not less than two (2) years, and qualified by knowledge,
52 integrity and experience to properly execute the functions of the board. Two
53 (2) members shall be qualified persons representing the public at large; one
4
1 (1) member shall be an active plumbing contractor with not less than five (5)
2 years experience in the plumbing contracting business; one (1) member shall be
3 an active plumbing contractor with not less than five (5) years in the plumb-
4 ing contracting business with an additional background of experience in gas
5 piping installations in buildings; and one (1) member shall be a journeyman
6 plumber. All members of the board shall take, subscribe and file with the sec-
7 retary of state an oath of office in the form, manner and time prescribed by
8 chapter 4, title 59, Idaho Code.
9 (4) The board shall meet within thirty (30) days after the appointment of
10 all its members and thereafter at such other times as may be expedient and
11 necessary for the proper performance of its duties. At the board's first meet-
12 ing, the members shall elect one (1) of their number to be chairman. A major-
13 ity of the board shall constitute a quorum for the transaction of business and
14 not less than two (2) quorum meetings shall be held each year. The board may
15 delegate to any member, or its chairman or other employees, the power to make
16 investigations and hold hearings at any place it may deem proper, and to
17 report findings to it; and may delegate to its chairman and employees the per-
18 formance of ministerial functions.
19 (5) Each member of the board shall be compensated as provided by section
20 59-509(gh), Idaho Code.
STATEMENT OF PURPOSE
RS10515C1
The purpose of this proposed legislation is two-fold. One is to
bring consistency to the amount of compensation the various boards
that function under the auspices of the Idaho Division of Building
Safety receive. The other is to change the manufactured housing
advisory board from a compensatory board to a non-compensatory
board; they will receive an honorarium.
FISCAL IMPACT
There is no fiscal impact to the General Fund. All boards are
compensated with dedicated funds. The legislation as proposed will
increase the annual cost attributable to the Manufactured Home
Advisory Board by approximately $500. The increased annual cost
attributable to the Idaho Electrical Board will be approximately
$530.00. The increased annual cost attributable to the Idaho
Plumbing Board will be approximately $300.00. The increased annual
cost attributable to the Idaho Building Code Advisory Board will be
approximately $530.00. The total estimated cost increase, assuming
100 percent attendance by all board members at four meetings per
year is $1,900.00.
CONTACT
Name: Dave Munroe, Administrator
Agency: Idaho Division of Building Safety
Phone: 334-3950
Statement of Purpose/Fiscal Impact H 13