2005 Legislation
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HOUSE BILL NO. 139 – Electrical contractor law, exmptns

HOUSE BILL NO. 139

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Bill Status



H0139aa.........................................................by BUSINESS
ELECTRICAL CONTRACTORS - Amends existing law relating to electrical
contractors and journeymen to provide additional exemptions from the
provisions of electrical contracting law for specified persons, entities
and employees performing specified work.
                                                                        
02/08    House intro - 1st rdg - to printing
02/09    Rpt prt - to Bus
02/22    Rpt out - to Gen Ord
03/01    Rpt out amen - to engros
03/02    Rpt engros - 1st rdg - to 2nd rdg as amen
03/03    2nd rdg - to 3rd rdg as amen
03/08    3rd rdg as amen - PASSED - 65-1-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones,
      Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
      Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Sayler
      Absent and excused -- Bradford, Field(18), Sali, Smylie
    Floor Sponsor - Deal
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Com/HuRes
03/18    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 31-1-2, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Goedde, Hill, Jorgenson, Kelly, Langhorst, Little, Malepeai,
      Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner,
      Stennett, Sweet, Werk, Williams
      NAYS -- Geddes
      Absent and excused -- Keough, Lodge, (District 21 seat vacant)
    Floor Sponsor - Broadsword
    Title apvd - to House
03/23    To enrol
03/24    Rpt enrol - Sp signed
03/25    Pres signed
03/28    To Governor
04/01    Governor signed
         Session Law Chapter 235
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 139
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTRICAL CONTRACTORS AND JOURNEYMEN; AMENDING  SECTION  54-1016,
  3        IDAHO  CODE, TO PROVIDE ADDITIONAL EXEMPTIONS FROM THE PROVISIONS OF ELEC-
  4        TRICAL CONTRACTING LAW FOR SPECIFIED PERSONS, ENTITIES AND EMPLOYEES  PER-
  5        FORMING SPECIFIED WORK.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 54-1016, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        54-1016.  EXEMPTIONS. (1) Nothing in this chapter shall be deemed to apply
 10    to:
 11        (a)  The installation or maintenance of communication circuits, wires  and
 12        apparatus  comprising part of the operating plant, facilities or equipment
 13        of a regulated utility, telephone company, rural telephone cooperative, or
 14        municipal communications utility;
 15        (b)  Any electrical public utility, or its employees, in the  installation
 16        and maintenance of electrical wiring, circuits, apparatus and equipment by
 17        or  for  such public utility, or comprising a part of its plants, lines or
 18        system;
 19        (c)  Modular buildings as defined in section 39-4105, Idaho Code, that are
 20        constructed in the state of Idaho for installation on building sites  out-
 21        side  the  state;  provided  however,  that  no  modular building shall be
 22        installed on a building site in the state  of  Idaho  until  it  has  been
 23        approved  and  bears  the insignia of approval of the division as being in
 24        compliance with the requirements set forth in section 39-4121, Idaho Code.
 25        (2)  The licensing provisions of this chapter shall not apply to:  persons
 26    making
 27        (a)  Any  property  owner performing electrical installations on their own
 28        property or to work in the owner's primary or secondary residence or asso-
 29        ciated outbuildings;
 30        (b)  Any person regularly employed as a maintenance  electricians  working
 31        performing  electrical  maintenance  work  on  the  premises  of their the
 32        person's employer;
 33        (c)  Any telephone company, rural telephone cooperative, or municipal com-
 34        munications utility, their employees, their subsidiaries, and employees of
 35        the subsidiaries performing work on customer-owned  facilities  under  the
 36        exclusive  control  of the telephone company, rural telephone cooperative,
 37        or municipal communications utility;
 38        (d)  Any telephone company, rural telephone cooperative, or municipal com-
 39        munications utility, their employees, their subsidiaries, and employees of
 40        the subsidiaries performing emergency repair work on customer-owned facil-
 41        ities at the request of the customer;
 42        (e)  Any electrical public utility, rural electrical cooperative,  munici-
 43        pal  power  utility, their employees, their subsidiaries, and employees of
                                                                        
                                           2
                                                                        
  1        the subsidiaries performing work on customer-owned  facilities  under  the
  2        exclusive control of the electrical public utility, rural electrical coop-
  3        erative, or municipal power utility; and
  4        (f)  Any  electrical public utility, rural electrical cooperative, munici-
  5        pal power utility, their employees, their subsidiaries, and  employees  of
  6        the subsidiaries performing emergency repair work on customer-owned facil-
  7        ities at the request of the customer.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Deal                
                                                                        
                                                     Seconded by Collins             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 139
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, delete lines 11 through 14 and insert:
  3        "(a)  The Any regulated utility, telephone company, rural telephone  coop-
  4        erative  or  municipal  communications utility, or their employees, in the
  5        installation or maintenance of communication circuits, wires and apparatus
  6        by or for such entities or their communications service  customers;";  and
  7        in line 40, delete "emergency".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 139, As Amended
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTRICAL CONTRACTORS AND JOURNEYMEN; AMENDING  SECTION  54-1016,
  3        IDAHO  CODE, TO PROVIDE ADDITIONAL EXEMPTIONS FROM THE PROVISIONS OF ELEC-
  4        TRICAL CONTRACTING LAW FOR SPECIFIED PERSONS, ENTITIES AND EMPLOYEES  PER-
  5        FORMING SPECIFIED WORK.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 54-1016, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        54-1016.  EXEMPTIONS. (1) Nothing in this chapter shall be deemed to apply
 10    to:
 11        (a)  The Any regulated utility, telephone company, rural telephone cooper-
 12        ative or municipal communications utility,  or  their  employees,  in  the
 13        installation or maintenance of communication circuits, wires and apparatus
 14        by or for such entities or their communications service customers;
 15        (b)  Any  electrical public utility, or its employees, in the installation
 16        and maintenance of electrical wiring, circuits, apparatus and equipment by
 17        or for such public utility, or comprising a part of its plants,  lines  or
 18        system;
 19        (c)  Modular buildings as defined in section 39-4105, Idaho Code, that are
 20        constructed  in the state of Idaho for installation on building sites out-
 21        side the state; provided  however,  that  no  modular  building  shall  be
 22        installed  on  a  building  site  in  the state of Idaho until it has been
 23        approved and bears the insignia of approval of the division  as  being  in
 24        compliance with the requirements set forth in section 39-4121, Idaho Code.
 25        (2)  The  licensing provisions of this chapter shall not apply to: persons
 26    making
 27        (a)  Any property owner performing electrical installations on  their  own
 28        property or to work in the owner's primary or secondary residence or asso-
 29        ciated outbuildings;
 30        (b)  Any  person  regularly employed as a maintenance electricians working
 31        performing electrical maintenance  work  on  the  premises  of  their  the
 32        person's employer;
 33        (c)  Any telephone company, rural telephone cooperative, or municipal com-
 34        munications utility, their employees, their subsidiaries, and employees of
 35        the  subsidiaries  performing  work on customer-owned facilities under the
 36        exclusive control of the telephone company, rural  telephone  cooperative,
 37        or municipal communications utility;
 38        (d)  Any telephone company, rural telephone cooperative, or municipal com-
 39        munications utility, their employees, their subsidiaries, and employees of
 40        the  subsidiaries  performing  repair work on customer-owned facilities at
 41        the request of the customer;
 42        (e)  Any electrical public utility, rural electrical cooperative,  munici-
 43        pal  power  utility, their employees, their subsidiaries, and employees of
                                                                        
                                           2
                                                                        
  1        the subsidiaries performing work on customer-owned  facilities  under  the
  2        exclusive control of the electrical public utility, rural electrical coop-
  3        erative, or municipal power utility; and
  4        (f)  Any  electrical public utility, rural electrical cooperative, munici-
  5        pal power utility, their employees, their subsidiaries, and  employees  of
  6        the subsidiaries performing emergency repair work on customer-owned facil-
  7        ities at the request of the customer.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS14738
                                
This legislation exempts governmental agencies, regulated
utilities, telephone companies, property owners, and operating
plant maintenance electricians from the National Electrical Code
(NEC) as implemented by the Idaho Electrical Board.
Communications installation and maintenance are included in the
NEC and will be regulated by rules as developed by the Idaho
Electrical Board and approved by the legislature.  Rules will be
presented for approval to the Idaho Legislature in the 2006
session.


                          FISCAL NOTE
                                
There is no financial impact to the General Fund.
                                


Contact
Name:  Bob Corbell
Phone: 870-5817

STATEMENT OF PURPOSE/FISCAL NOTE                   H 139