2005 Legislation
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HOUSE BILL NO. 140 – HVAC installation/liability insurnc

HOUSE BILL NO. 140

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Bill Status



H0140aaS........................................................by BUSINESS
HVAC INSTALLATION - Amends existing law relating to certificates of
competency for installation of heating, ventilation and air conditioning
systems to provide an exception from the certificate of competency
requirements for certain entities when performing specified types of work;
to delete the requirement for providing a bond; and to require proof of
liability insurance as a requirement for issuance of a certificate of
competency.
                                                                        
02/08    House intro - 1st rdg - to printing
02/09    Rpt prt - to Bus
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 61-8-1
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, McGeachin, Miller, Mitchell,
      Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Roberts, Rusche, Rydalch, Sayler, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Mr. Speaker
      NAYS -- Barrett, Loertscher, Martinez, Mathews, McKague, Moyle, Sali,
      Wood
      Absent and excused -- Schaefer
    Floor Sponsor - Edmunson
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Com/HuRes
03/09    Rpt out - to 14th Ord
03/14    Rpt out amen - to 1st rdg as amen
03/15    1st rdg - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/21    3rd rdg as amen - PASSED - 22-9-3, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Cameron, Compton,
      Corder, Darrington, Davis, Gannon, Goedde, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, McGee, McKenzie, Schroeder, Stegner, Sweet
      NAYS -- Burkett, Burtenshaw, Geddes, Hill, Marley, Pearce,
      Richardson, Stennett, Williams
      Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat
      vacant)
    Floor Sponsor - Goedde
    Title apvd - to House
03/22    House did not concur in Senate amens
    Filed in Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 140
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INSTALLATION OF HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS;
  3        AMENDING SECTION 54-5002, IDAHO CODE, TO PROVIDE  AN  EXCEPTION  FROM  THE
  4        CERTIFICATE  OF COMPETENCY REQUIREMENTS FOR CERTAIN ENTITIES WHEN PERFORM-
  5        ING SPECIFIED TYPES OF WORK; AND AMENDING SECTION 54-5007, IDAHO CODE,  TO
  6        DELETE  THE  REQUIREMENT FOR PROVIDING A BOND AND TO REQUIRE PROOF OF LIA-
  7        BILITY INSURANCE AS A REQUIREMENT FOR ISSUANCE OF A CERTIFICATE OF  COMPE-
  8        TENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 54-5002, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        54-5002.  EXCEPTIONS. Certificate of competency requirements of this chap-
 13    ter shall not apply to:
 14        (1)  Any person who installs or maintains a heating, ventilation  and  air
 15    conditioning system in a single or duplex family dwelling, including accessory
 16    buildings,  quarters  and  grounds  in connection with such dwelling; provided
 17    that such person owns or is a contract purchaser of the premises; and provided
 18    further that such person shall comply with the standards and rules  applicable
 19    to  heating,  ventilation and air conditioning installation or repairs as pro-
 20    vided in this chapter.
 21        (2)  Farm buildings located outside the incorporated limits of  any  city;
 22    and  a farm is hereby defined to be an agricultural unit on which the owner or
 23    occupant resides and from which the owner or occupant  derives  his  principal
 24    income and livelihood.
 25        (3)  Logging,  mining  or  construction camps when heating, ventilation or
 26    air conditioning installations are made to conform to the  recommendations  of
 27    the department of health and welfare.
 28        (4)  Work  on heating, ventilation or air conditioning systems on premises
 29    owned or operated by an employer who regularly  employs  maintenance  or  con-
 30    struction  heating, ventilation and air conditioning journeymen, provided that
 31    alterations, extensions and new construction shall  comply  with  the  minimum
 32    standards  and  rules  applicable to heating, ventilation and air conditioning
 33    practices in accordance with the provisions of this chapter.
 34        (5)  Public utilities, public service corporations, intrastate  gas  pipe-
 35    line companies, gas gathering pipeline companies, gas processing companies and
 36    municipal  utilities  and their subsidiaries when performing work on their own
 37    facilities, or during the performance of energy  audits,  operational  inspec-
 38    tions,  minor maintenance or minor repairs for their customers or on their own
 39    equipment.
                                                                        
 40        SECTION 2.  That Section 54-5007, Idaho Code, be, and the same  is  hereby
 41    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        54-5007.  REQUIREMENTS  FOR  CERTIFICATES  OF  COMPETENCY.  (1)  The Idaho
  2    heating, ventilation and air conditioning board shall  provide  standards  and
  3    procedures  and  prescribe reasonable rules for examination, qualification and
  4    certification of heating, ventilation and air conditioning contractors,  jour-
  5    neymen, apprentices, specialty contractors, specialty journeymen and specialty
  6    apprentices.  HVAC  contractors and specialty contractors shall provide a bond
  7    in the amount of two thousand dollars ($2,000) or evidence of such coverage by
  8    a corporate industry group bond acceptable to the board.
  9        (2)  On and after July 1, 2005, HVAC contractors and specialty contractors
 10    shall provide proof of liability insurance in  the  amount  of  three  hundred
 11    thousand  dollars  ($300,000)  and proof of worker's compensation insurance if
 12    otherwise required. Persons who hold a valid certificate of competency on July
 13    1, 2005, shall comply with the insurance requirements  of  this  section  upon
 14    renewal of the certificate.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Goedde              
                                                                        
                                                     Seconded by Stegner             
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 140
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 2 of the printed bill,  delete  lines  6  through  8  and  insert:
  3    "apprentices.  HVAC  contractors  and  specialty  contractors  shall provide a
  4    license bond in the amount of two thousand dollars ($2,000);  or  evidence  of
  5    such  coverage by a corporate industry group bond acceptable to the board pro-
  6    vided however, that where an HVAC contractor or specialty contractor has  pro-
  7    vided a bond as required by this section prior to July 1, 2005, a license bond
  8    shall only be required upon the expiration of such existing bond.".
                                                                        
  9                                 CORRECTION TO TITLE
 10        On  page  1,  delete  line  6  and insert: "PROVIDE FOR A LICENSE BOND, TO
 11    REMOVE LANGUAGE RELATING TO COVERAGE BY A CORPORATE INDUSTRY GROUP BOND AND TO
 12    REQUIRE PROOF OF LIA-".

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS14769
                                
This legislation replaces the requirement for HVAC contractors
and specialty contractors to provide a $2,000.00 bond. In lieu of
bonding, HVAC contractors and specialty contractors will provide
proof of liability insurance in the amount of $300,000.00 and
proof of worker's compensation insurance if required.

This legislation also exempts public utilities, related gas
processors and suppliers and municipal utilities and their
subsidiaries from requirements for a certificate of competency.

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



Contact
Name:  Bob Corbell
Phone: 870-5817

STATEMENT OF PURPOSE/FISCAL NOTE                      H 140