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H0592...........................................................by BUSINESS
PUBLIC WORKS CONTRACTORS - Amends and adds to existing law to provide for
investigations by the administrator; to provide for injunctions against
certain public works contractors; and to provide for the enforcement of
public works contracting provisions.
02/08 House intro - 1st rdg - to printing
02/11 Rpt prt - to Bus
02/22 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 58-0-12
AYES -- Aikele, Barrett, Bedke, Bell, Black, Block, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
Denney, Ellis, Eskridge, Field(13), Field(20), Gould, Hadley,
Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kendell,
Kunz, Lake, Langford, Loertscher, Martinez, McKague, Meyer,
Montgomery, Moyle, Pischner, Pomeroy, Raybould, Ridinger, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Young
NAYS -- None
Absent and excused -- Barraclough, Bieter, Deal, Ellsworth, Gagner,
Kellogg(Duncan), Mader, Mortensen, Pearce, Roberts, Wood, Mr. Speaker
Floor Sponsor - Callister
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Com/HuRes
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- Hawkins
Floor Sponsor - Goedde
Title apvd - to House
03/15 To enrol - Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 127
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 592
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC WORKS CONTRACTORS; AMENDING SECTION 54-1902, IDAHO CODE, TO
3 PROVIDE FOR INVESTIGATIONS BY THE ADMINISTRATOR, TO MAKE GRAMMATICAL
4 CHANGES AND TO CLARIFY AN EXCEPTION TO LICENSURE REQUIREMENTS; AMENDING
5 SECTION 54-1920, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE
6 FOR INJUNCTIONS AGAINST CERTAIN PUBLIC WORKS CONTRACTORS; AND AMENDING
7 CHAPTER 19, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
8 54-1920A, IDAHO CODE, TO PROVIDE ENFORCEMENT PROVISIONS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. 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 -- INVESTIGATIONS. (1) It shall be unlawful for any person to engage in the
14 business or act in the capacity of a public works contractor within this state
15 without first obtaining and having a license issued pursuant to the provisions
16 of this chapter by the administrator of the division of building safety,
17 unless such person is particularly exempted as provided in this chapter.
18 (2) It shall be unlawful for any public works contractor to subcontract
19 in excess of eighty percent (80%) of the work under any contract to be per-
20 formed by him as such public works contractor according to the contract prices
21 therein set forth, unless otherwise provided in the specifications of such
22 contracts.
23 (3) Nor Except as provided in subsection (4) of this section, it shall
24 be unlawful for any public works contractor to:
25 (a) Aaccept a bid from any person who at that time does not possess the
26 appropriate license for the project involved. Nor shall a public works
27 contractor; or
28 (b) Aaccept bids to sublet any part of any contract for specialty con-
29 struction from a specialty contractor who at that time does not possess
30 the appropriate license in accordance with this chapter; provided, how-
31 ever, that.
32 (4) Nno contractor shall be required to have a license under this chapter
33 in order to submit a bid or proposal for contracts for public works financed
34 in whole or in part by federal aid funds, but provided that, at or prior to
35 the award and execution of any such contract by the state of Idaho, or any
36 other contracting authority mentioned in this chapter, the successful bidder
37 shall has secured a license as provided in this chapter.
38 (5) The administrator may, upon his own motion or at the direction of the
39 board, and shall, upon the verified written complaint of any person, investi-
40 gate allegations of unlicensed practice of public works contracting.
41 SECTION 2. That Section 54-1920, Idaho Code, be, and the same is hereby
42 amended to read as follows:
2
1 54-1920. PENALTIES -- INJUNCTION. (1) Any person, firm, copartnership,
2 corporation, limited liability company, limited liability partnership, associ-
3 ation or other organization acting in the capacity of a public works contrac-
4 tor within the meaning of this act chapter, without a license as herein pro-
5 vided, shall be guilty of a misdemeanor and shall, upon conviction thereof, be
6 punished by a fine not to exceed five thousand dollars ($5,000) or by impris-
7 onment in the county jail for a term not to exceed one (1) year or by both
8 such fine and imprisonment, at the discretion of the court. The same penalties
9 shall apply, upon conviction to any member of a copartnership, or to any con-
10 struction, managing or directing officer of any corporation, limited liability
11 company or limited liability partnership, or other organization consenting to,
12 participating in, or aiding or abetting any such violation of this act
13 chapter.
14 (2) Every public officer who knowingly lets a public contract to any per-
15 son, firm, copartnership, corporation, limited liability company, limited lia-
16 bility partnership, association or other organization who does not hold a
17 license as required by the provisions of this act chapter shall be guilty of a
18 misdemeanor and upon conviction, punishable as provided in this section,
19 unless, however, there be no qualified bidder willing to undertake the public
20 works covered by the contract. No person engaged in the business or acting in
21 the capacity of a contractor, may bring or maintain any action in any court of
22 this state for the collection of compensation for the performance of any act
23 or contract for which a license is required by this act chapter without alleg-
24 ing and providing that he was a duly licensed contractor at all times during
25 the performance of such act or contract.
26 (3) In addition to any other penalties specified in this section, when-
27 ever any person violates the provisions of this chapter by acting as a public
28 works contractor without a license, the administrator may maintain an action
29 in the name of the state of Idaho to enjoin the person from any further viola-
30 tions. Such action may be brought either in the county in which the acts are
31 claimed to have been or are being committed, in the county where the defendant
32 resides or in Ada county. Upon the filing of a verified complaint in the dis-
33 trict court, the court, if satisfied that the acts complained of have been or
34 probably are being or may be committed, may issue a temporary restraining
35 order and/or preliminary injunction, without bond, enjoining the defendant
36 from the commission of any such act or acts constituting the violation. A copy
37 of the complaint shall be served upon the defendant and the proceedings shall
38 thereafter be conducted as in other similar civil actions. If the commission
39 of the act or acts is established, the court shall enter a decree permanently
40 enjoining the defendant from committing such act or acts. If an injunction
41 issued under the provisions of this section is violated, the court, or the
42 judge thereof at chambers, may summarily try and punish the offender for con-
43 tempt of court.
44 SECTION 3. That Chapter 19, Title 54, Idaho Code, be, and the same is
45 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
46 ignated as Section 54-1920A, Idaho Code, and to read as follows:
47 54-1920A. ENFORCEMENT. Upon request of the administrator, it shall be the
48 duty of the attorney general to institute and prosecute civil enforcement
49 actions or injunctive actions as provided in section 54-1920, Idaho Code. The
50 attorney general may delegate the authority and duty under this section to the
51 prosecuting attorney of the county in which the action may arise.
STATEMENT OF PURPOSE
RS 11973
The purpose of this legislation is to establish the criteria for
the licensing and regulation of contractors engaging in public
works construction.
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Max Black
Phone: 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE H 592