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H0305aa....................................................by STATE AFFAIRS
PUBLIC WORKS CONTRACTORS - Amends existing law to provide duties of the
administrator of the Division of Building Safety relating to licensing of
public works contractors; to revise the membership and terms of office of
the Public Works Contractors License Board; to provide duties of the
administrator regarding examinations, qualifications and applications for a
public works contractors license; to provide that a complete financial
statement may include a letter from the applicant's bonding company stating
a bonding capability amount; and to provide the procedure for a request for
a licensing class higher than that for which the applicant qualifies.
02/21 House intro - 1st rdg - to printing
02/22 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
2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 66-0-4
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, McKague, 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
NAYS -- None
Absent and excused -- Higgins, Marley, Schaefer, Mr. Speaker
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 301
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 305
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE PUBLIC WORKS CONTRACTORS LICENSE BOARD; AMENDING SECTION
3 54-1905, IDAHO CODE, TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVI-
4 SION OF BUILDING SAFETY AND TO REVISE THE MEMBERSHIP AND TERMS OF OFFICE
5 OF THE PUBLIC WORKS CONTRACTORS LICENSE BOARD; AMENDING SECTION 54-1908,
6 IDAHO CODE, TO PROVIDE THAT THREE MEMBERS SHALL CONSTITUTE A QUORUM OF THE
7 BOARD; AMENDING SECTION 54-1910, IDAHO CODE, TO PROVIDE DUTIES OF THE
8 ADMINISTRATOR REGARDING EXAMINATIONS, QUALIFICATIONS AND APPLICATIONS FOR
9 A PUBLIC WORKS CONTRACTORS LICENSE, TO PROVIDE AN ALTERNATIVE TO THE COM-
10 PLETE FINANCIAL STATEMENT REQUIRED AS PART OF THE APPLICATION AND TO MAKE
11 TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 54-1905, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 54-1905. PUBLIC WORKS CONTRACTORS LICENSE BOARD CREATED -- QUALIFICATIONS
16 OF APPOINTEES -- TERM -- REMOVALS. There is hereby created and made part of
17 the division of building safety in the department of self-governing agencies a
18 public works contractors license board. to It shall be the responsibility and
19 duty of the administrator of the division of building safety to administer and
20 enforce the provisions of this chapter, and to serve as secretary to the
21 board. The board shall be composed of seven five (75) members, who shall be
22 appointed by the governor. One (1) member of the board shall be a "heavy con-
23 struction" contractor, one (1) member shall be a "highway commercial building
24 construction" contractor, two (2) members shall be "building construction"
25 contractors, one (1) member shall be a "specialty construction" contractor, as
26 such construction terms are defined in this chapter or such member may be a
27 subcontractor, one (1) member shall be a "construction manager," and one (1)
28 member shall be a registered professional engineer citizen at large. All con-
29 tractor members of the board shall be contractors holding a current unrevoked
30 license at the time of their appointment, actively engaged in the contracting
31 business and have been so engaged for a period of not less than five (5) years
32 preceding the date of their appointment, and who shall so continue in the con-
33 tracting business during their term of office. Each member of the board next
34 preceding his appointment shall have been a citizen and resident of the state
35 of Idaho for at least five (5) years. The governor shall appoint a member to
36 said board for a term of six three (63) years, and no member shall be
37 appointed to more than two (2) consecutive terms. Each member shall hold
38 office after the expiration of their own term until their successor has been
39 duly appointed and qualified. Vacancies on the board for any cause shall be
40 filled by appointment by the governor for the balance of the unexpired term.
41 The governor may remove any member of the board for misconduct, incompetence
42 or neglect of duty. Each member of the board shall receive a certificate of
43 appointment from the governor, and before entering upon the discharge of their
2
1 duties, shall file with the secretary of state the constitutional oath of
2 office.
3 SECTION 2. That Section 54-1908, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 54-1908. MEETINGS -- QUORUM. The board shall hold not less than four (4)
6 regular meetings each year, on a day not later than the fifteenth day of the
7 month in each of the months of January, April, July and October, for the pur-
8 pose of transacting such business as may properly come before it. At the April
9 meeting of each year the board shall elect officers. Special or regular
10 monthly meetings of the board may be held at such times as the board may pro-
11 vide in the rules. Four Three (43) members of the board shall constitute a
12 quorum. Two (2) members of the board may call a special meeting at any time.
13 Due notice of each meeting of the board and the time and place thereof shall
14 be given each member in the manner prescribed in the rules. Each member of the
15 board shall be compensated as provided by section 59-509(h), Idaho Code, and
16 paid from the public works contractors license board account.
17 SECTION 3. That Section 54-1910, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 54-1910. EXAMINATIONS, QUALIFICATIONS AND APPLICATIONS. Under such rules
20 as it the board may adopt, the board administrator shall have the power and
21 authority to investigate, classify, and to qualify applicants for licenses
22 under this act, by written or oral examinations, or both.
23 The qualifications to be required of an applicant by the board are as fol-
24 lows:
25 (a) Such degree of experience, and such general knowledge of the build-
26 ing, safety, health and lien laws of the state, and of the rudimentary admin-
27 istrative principles of the contracting business, as may be deemed necessary
28 by the board for the safety and protection of the public. The applicant if an
29 individual may qualify as to the aforementioned experience and knowledge by
30 personal appearance or by the appearance of his responsible managing employee,
31 and if a copartnership or corporation, limited liability company, limited lia-
32 bility partnership and any other combination or organization, by the appear-
33 ance of the responsible managing officer or member of the personnel of such
34 applicant. If the person qualifying by examination as to experience and knowl-
35 edge shall, for any reason whatsoever, cease to be connected with the licensee
36 to whom the license is issued, such licensee shall so notify the board admin-
37 istrator in writing within ten (10) days from such cessation. If such notice
38 is given, the license shall remain in force for a reasonable length of time,
39 to be determined by rules of the board. If such licensee fails to so notify
40 the board administrator within said ten (10) day period, then at the end of
41 such ten (10) day period, the license of such licensee shall be automatically
42 suspended. A suspended license shall be reinstated upon the filing with the
43 board administrator of an affidavit executed by the licensee or a member of
44 the suspended firm, to the effect that the individual originally examined for
45 the firm has been replaced by another individual who has been qualified by
46 examination as herein provided, and who shall not have had a license suspended
47 or revoked, nor have been connected with any licensee who has had a license
48 suspended or revoked for reasons that should preclude him from personally
49 qualifying as to good character as herein required of an applicant.
50 (b) The possession by the applicant of good character. Lack of character
51 may be established by showing any of the following:
3
1 (1) That the applicant has committed or done any act which, if committed
2 or done by any licensed contractor, would be grounds for the suspension or
3 revocation of a contractor's license,; or
4 (2) That the applicant has committed or done any act involving dishon-
5 esty, fraud or deceit whereby the applicant has been benefited or whereby
6 some injury has been sustained by another,; or
7 (3) That the applicant bears a bad reputation for honesty and integrity,;
8 or
9 (4) That the applicant has been convicted of a felony.
10 (c) That he has never been refused a license or had a license revoked for
11 reasons that would preclude the granting of the license applied for.
12 (d) No license shall be issued to a corporation, copartnership, limited
13 liability company, limited liability partnership or other combination or orga-
14 nization if any responsible officer of such corporation, or other combination
15 or organization, or any member of such copartnership does not meet the quali-
16 fications required of an applicant other than those qualifications relating to
17 knowledge and experience.
18 (e) To obtain an original license under this act chapter, the applicant
19 shall submit to the board administrator, on such forms as it the administrator
20 shall prescribe, accompanied by the required fee for the class of license
21 applied for, and in accordance with such rules as may be deemed necessary and
22 adopted by the board in order to carry out the foregoing provisions of this
23 section, a sworn written application for such license, containing the state-
24 ment that applicant desires the issuance of a license under the terms of this
25 act chapter. The information contained in such application forms shall include
26 a complete statement of the general nature of applicant's contracting busi-
27 ness, and stating concisely applicant's experience and qualifications as a
28 contractor; the value and character of contract work completed and for whom
29 performed during the three (3) year period prior to filing the application; a
30 general description of applicant's machinery and equipment; a complete finan-
31 cial statement or, in lieu thereof, a letter from applicant's bonding company
32 stating the amount of the applicant's bonding capability, on such forms and
33 disclosing such information as shall be required by the board administrator,
34 together with such additional information as may be required by the board
35 administrator to determine the applicant's fitness for a license under this
36 act chapter. The application shall contain, if by an individual, their the
37 individual's name and business address; if by a copartnership, its business
38 address and the names and addresses of all partners; and if by a corporation,
39 association, limited liability company, limited liability partnership or other
40 organization, its business address and the names and addresses of the presi-
41 dent, vice-president vice president, secretary, and chief construction manag-
42 ing officers, or responsible managing employee.
43 SECTION 4. This act shall be in full force and effect on and after July
44 1, 2002.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Gagner
Seconded by Tilman
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 305
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 21, delete "seven five (75)" and
3 insert: "seven (7)"; in line 22, following "shall be a" insert: "person whose
4 primary business is that of a"; in line 23, following "shall be a" insert:
5 "person whose primary business is that of a"; also in line 23, delete
6 ""highway commercial building" and insert: ""highway"; in line 24, delete
7 "construction"" and insert: "construction""; also in line 24, delete "two (2)
8 members shall be "building construction"" and insert: "two one (21) members
9 shall be a person whose primary business is that of a "building construc-
10 tion""; in line 25, delete "contractors," and insert: "contractors,"; also in
11 line 25, following "shall be a" insert: "person whose primary business is that
12 of a"; also in line 25, delete "as" and insert: "as"; delete line 26, and
13 insert: "such construction terms are defined in this chapter"; in line 27,
14 delete "subcontractor" and insert: ", one (1) member shall be a subcontractor
15 with a license no higher than a class "A""; and in line 28, delete "registered
16 professional engineer citizen at large" and insert: "registered professional
17 engineer".
18 AMENDMENTS TO SECTION 3
19 On page 2, in line 22, delete "act" and insert: "act chapter"; on page 3,
20 in line 31, delete "or, in lieu thereof," and insert: "which may include"; in
21 line 32, following "capability" insert: "per project and in the aggregate";
22 and in line 42, following "employee." insert: "A request for a licensing class
23 higher than that for which the applicant qualifies must go to the administra-
24 tor for review and may be approved up to the bond limit. A final appeal of a
25 decision of the administrator may be made to the board.".
26 AMENDMENTS TO THE BILL
27 On page 2, delete lines 3 through 16; and in line 17, delete "SECTION 3"
28 and insert: "SECTION 2"; and on page 3, in line 43, delete "SECTION 4" and
29 insert: "SECTION 3".
30 CORRECTIONS TO TITLE
31 On page 1, in line 5, delete "AMENDING SECTION 54-1908,"; delete line 6;
32 in line 7, delete "BOARD;"; in line 9, delete "AN ALTERNATIVE TO THE" and
33 insert: "THAT A"; and in line 10, delete "REQUIRED AS PART OF THE APPLICATION"
34 and insert: "MAY INCLUDE A LETTER FROM THE APPLICANT'S BONDING COMPANY STATING
35 A BONDING CAPABILITY AMOUNT, TO PROVIDE THAT A REQUEST FOR A LICENSING CLASS
36 HIGHER THAN THAT FOR WHICH THE APPLICANT QUALIFIES MUST GO TO THE ADMINISTRA-
37 TOR FOR REVIEW AND MAY BE APPROVED UP TO THE BOND LIMIT, TO PROVIDE THAT A
38 FINAL APPEAL OF A DECISION OF THE ADMINISTRATOR MAY BE MADE TO THE BOARD".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 305, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE PUBLIC WORKS CONTRACTORS LICENSE BOARD; AMENDING SECTION
3 54-1905, IDAHO CODE, TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVI-
4 SION OF BUILDING SAFETY AND TO REVISE THE MEMBERSHIP AND TERMS OF OFFICE
5 OF THE PUBLIC WORKS CONTRACTORS LICENSE BOARD; AMENDING SECTION 54-1910,
6 IDAHO CODE, TO PROVIDE DUTIES OF THE ADMINISTRATOR REGARDING EXAMINATIONS,
7 QUALIFICATIONS AND APPLICATIONS FOR A PUBLIC WORKS CONTRACTORS LICENSE, TO
8 PROVIDE THAT A COMPLETE FINANCIAL STATEMENT MAY INCLUDE A LETTER FROM THE
9 APPLICANT'S BONDING COMPANY STATING A BONDING CAPABILITY AMOUNT, TO PRO-
10 VIDE THAT A REQUEST FOR A LICENSING CLASS HIGHER THAN THAT FOR WHICH THE
11 APPLICANT QUALIFIES MUST GO TO THE ADMINISTRATOR FOR REVIEW AND MAY BE
12 APPROVED UP TO THE BOND LIMIT, TO PROVIDE THAT A FINAL APPEAL OF A DECI-
13 SION OF THE ADMINISTRATOR MAY BE MADE TO THE BOARD AND TO MAKE TECHNICAL
14 CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 54-1905, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 54-1905. PUBLIC WORKS CONTRACTORS LICENSE BOARD CREATED -- QUALIFICATIONS
19 OF APPOINTEES -- TERM -- REMOVALS. There is hereby created and made part of
20 the division of building safety in the department of self-governing agencies a
21 public works contractors license board. to It shall be the responsibility and
22 duty of the administrator of the division of building safety to administer and
23 enforce the provisions of this chapter, and to serve as secretary to the
24 board. The board shall be composed of seven (7) members, who shall be
25 appointed by the governor. One (1) member of the board shall be a person whose
26 primary business is that of a "heavy construction" contractor, one (1) member
27 shall be a person whose primary business is that of a "highway construction"
28 contractor, two one (21) members shall be a person whose primary business is
29 that of a "building construction" contractors, one (1) member shall be a per-
30 son whose primary business is that of a "specialty construction" contractor,
31 as such construction terms are defined in this chapter, one (1) member shall
32 be a subcontractor with a license no higher than a class "A", one (1) member
33 shall be a "construction manager," and one (1) member shall be a registered
34 professional engineer. All contractor members of the board shall be contrac-
35 tors holding a current unrevoked license at the time of their appointment,
36 actively engaged in the contracting business and have been so engaged for a
37 period of not less than five (5) years preceding the date of their appoint-
38 ment, and who shall so continue in the contracting business during their term
39 of office. Each member of the board next preceding his appointment shall have
40 been a citizen and resident of the state of Idaho for at least five (5) years.
41 The governor shall appoint a member to said board for a term of six three (63)
42 years, and no member shall be appointed to more than two (2) consecutive
43 terms. Each member shall hold office after the expiration of their own term
2
1 until their successor has been duly appointed and qualified. Vacancies on the
2 board for any cause shall be filled by appointment by the governor for the
3 balance of the unexpired term. The governor may remove any member of the board
4 for misconduct, incompetence or neglect of duty. Each member of the board
5 shall receive a certificate of appointment from the governor, and before
6 entering upon the discharge of their duties, shall file with the secretary of
7 state the constitutional oath of office.
8 SECTION 2. That Section 54-1910, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 54-1910. EXAMINATIONS, QUALIFICATIONS AND APPLICATIONS. Under such rules
11 as it the board may adopt, the board administrator shall have the power and
12 authority to investigate, classify, and to qualify applicants for licenses
13 under this act chapter, by written or oral examinations, or both.
14 The qualifications to be required of an applicant by the board are as fol-
15 lows:
16 (a) Such degree of experience, and such general knowledge of the build-
17 ing, safety, health and lien laws of the state, and of the rudimentary admin-
18 istrative principles of the contracting business, as may be deemed necessary
19 by the board for the safety and protection of the public. The applicant if an
20 individual may qualify as to the aforementioned experience and knowledge by
21 personal appearance or by the appearance of his responsible managing employee,
22 and if a copartnership or corporation, limited liability company, limited lia-
23 bility partnership and any other combination or organization, by the appear-
24 ance of the responsible managing officer or member of the personnel of such
25 applicant. If the person qualifying by examination as to experience and knowl-
26 edge shall, for any reason whatsoever, cease to be connected with the licensee
27 to whom the license is issued, such licensee shall so notify the board admin-
28 istrator in writing within ten (10) days from such cessation. If such notice
29 is given, the license shall remain in force for a reasonable length of time,
30 to be determined by rules of the board. If such licensee fails to so notify
31 the board administrator within said ten (10) day period, then at the end of
32 such ten (10) day period, the license of such licensee shall be automatically
33 suspended. A suspended license shall be reinstated upon the filing with the
34 board administrator of an affidavit executed by the licensee or a member of
35 the suspended firm, to the effect that the individual originally examined for
36 the firm has been replaced by another individual who has been qualified by
37 examination as herein provided, and who shall not have had a license suspended
38 or revoked, nor have been connected with any licensee who has had a license
39 suspended or revoked for reasons that should preclude him from personally
40 qualifying as to good character as herein required of an applicant.
41 (b) The possession by the applicant of good character. Lack of character
42 may be established by showing any of the following:
43 (1) That the applicant has committed or done any act which, if committed
44 or done by any licensed contractor, would be grounds for the suspension or
45 revocation of a contractor's license,; or
46 (2) That the applicant has committed or done any act involving dishon-
47 esty, fraud or deceit whereby the applicant has been benefited or whereby
48 some injury has been sustained by another,; or
49 (3) That the applicant bears a bad reputation for honesty and integrity,;
50 or
51 (4) That the applicant has been convicted of a felony.
52 (c) That he has never been refused a license or had a license revoked for
53 reasons that would preclude the granting of the license applied for.
3
1 (d) No license shall be issued to a corporation, copartnership, limited
2 liability company, limited liability partnership or other combination or orga-
3 nization if any responsible officer of such corporation, or other combination
4 or organization, or any member of such copartnership does not meet the quali-
5 fications required of an applicant other than those qualifications relating to
6 knowledge and experience.
7 (e) To obtain an original license under this act chapter, the applicant
8 shall submit to the board administrator, on such forms as it the administrator
9 shall prescribe, accompanied by the required fee for the class of license
10 applied for, and in accordance with such rules as may be deemed necessary and
11 adopted by the board in order to carry out the foregoing provisions of this
12 section, a sworn written application for such license, containing the state-
13 ment that applicant desires the issuance of a license under the terms of this
14 act chapter. The information contained in such application forms shall include
15 a complete statement of the general nature of applicant's contracting busi-
16 ness, and stating concisely applicant's experience and qualifications as a
17 contractor; the value and character of contract work completed and for whom
18 performed during the three (3) year period prior to filing the application; a
19 general description of applicant's machinery and equipment; a complete finan-
20 cial statement which may include a letter from applicant's bonding company
21 stating the amount of the applicant's bonding capability per project and in
22 the aggregate, 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 and business address; if by a
27 copartnership, its business address and the names and addresses of all part-
28 ners; and if by a corporation, association, limited liability company, limited
29 liability partnership or other organization, its business address and the
30 names and addresses of the president, vice-president vice president, secre-
31 tary, and chief construction managing officers, or responsible managing
32 employee. A request for a licensing class higher than that for which the
33 applicant qualifies must go to the administrator for review and may be
34 approved up to the bond limit. A final appeal of a decision of the administra-
35 tor may be made to the board.
36 SECTION 3. This act shall be in full force and effect on and after July
37 1, 2002.
REPRINT REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 11128
Provides for the Administrator of the Division of Building Safety
to issue Public Works Contractor licenses, based on a letter from
the applicants bonding authority or presentation of a financial
statement (Section 54-1910). Adds to the Public Works Contractors
License Board a representative of the small contractors, and more
closely aligns the Board makeup to the industry.
FISCAL IMPACT
A savings should result from consolidation of the issue of public
works and safety licenses.
Contact
Name: Rep. Lee Gagner
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 305