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H0548...........................................................by BUSINESS
ELECTRICAL CONTRACTORS - Amends existing law relating to electrical
contractors and journeymen to authorize the administrator to revoke or
suspend licenses if a licensee fails to maintain required insurance during
the term of active licensure; and to set forth provisions applicable to
inactive licenses.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Bus
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/22 3rd rdg
02/23 PASSED - 51-13-6
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon,
Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Garrett, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Martinez,
Miller, Mitchell, Moyle, Nonini, Pasley-Stuart, Pence, Raybould,
Ring, Ringo, Rusche, Sayler, Schaefer, Shepherd(2), Skippen,
Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson, Trail,
Wills
NAYS -- Barrett, Clark, Hart, Harwood, Loertscher, Mathews,
McGeachin, McKague, Nielsen, Roberts, Rydalch, Sali, Shepherd(8)
Absent and excused -- Brackett, Crow, Field(23), Shirley, Wood, Mr.
Speaker
Floor Sponsor - Bilbao
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Com/HuRes
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 26-9-0
AYES -- Andreason(Hatch), Broadsword, Bunderson, Burkett, Coiner,
Compton, Corder, Davis, Fulcher, Gannon, Goedde, Hill, Jorgenson,
Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee,
McKenzie, Schroeder, Stegner, Stennett, Werk
NAYS -- Brandt, Burtenshaw, Cameron, Darrington, Geddes, Pearce,
Richardson, Sweet, Williams
Absent and excused -- None
Floor Sponsor - Stegner
Title apvd - to House
03/09 To enrol
03/10 Rpt enrol - Sp signed
03/13 Pres signed
03/14 To Governor
03/15 Governor signed
Session Law Chapter 83
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 548
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO ELECTRICAL CONTRACTORS AND JOURNEYMEN; AMENDING SECTION 54-1009,
3 IDAHO CODE, TO AUTHORIZE THE ADMINISTRATOR TO REVOKE OR SUSPEND LICENSES
4 IF A LICENSEE FAILS TO MAINTAIN REQUIRED INSURANCE DURING THE TERM OF
5 ACTIVE LICENSURE AND TO MAKE TECHNICAL CHANGES; AND AMENDING SECTION
6 54-1013, IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE AND TO SET FORTH PRO-
7 VISIONS APPLICABLE TO INACTIVE LICENSES.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 54-1009, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-1009. REVOCATION OR SUSPENSION OF LICENSES -- HEARINGS -- TAKING TES-
12 TIMONY. (1) The administrator shall have power to revoke or suspend any
13 license if the same was obtained through error or fraud, or if the holder
14 thereof is shown to be grossly incompetent, or has willfully violated any of
15 the rules prescribed by the board, or as prescribed in this act chapter; or
16 has, after due notice, failed or refused to correct, within the specified
17 time, any electrical installation not in compliance with the provisions of
18 this act chapter, or has failed to pay within the time provided, civil penal-
19 ties which have become final by operation of law., provided,
20 (2) The administrator shall have the power to revoke or suspend any elec-
21 trical contractor or electrical specialty contractor license if, at any time
22 during the term of active contractor or specialty contractor licensure, the
23 licensee failed to maintain required liability insurance or applicable wor-
24 ker's compensation insurance.
25 (3) Bbefore any license shall be revoked or suspended, the holder thereof
26 shall have written notice enumerating the charges against him, and shall be
27 given a hearing by said administrator, and have an opportunity to produce tes-
28 timony in his behalf, at a time and place specified in said notice, which time
29 shall not be less than five (5) days after the service thereof.
30 (a) The proceedings shall be governed by the provisions of chapter 52,
31 title 67, Idaho Code.
32 (b) Any party aggrieved by the action of the administrator shall be enti-
33 tled to judicial review thereof in accordance with the provisions of chap-
34 ter 52, title 67, Idaho Code.
35 (4) The administrator shall have the power to appoint, by an order in
36 writing, a hearing officer to take testimony, who shall have power to adminis-
37 ter oaths, issue subpoenas and compel the attendance of witnesses, and the
38 decision of the administrator shall be based on his examination of the testi-
39 mony taken and the records produced. Any person whose license has been revoked
40 may, after the expiration of one (1) year from the date of such revocation,
41 but not before, apply for a new license.
42 SECTION 2. That Section 54-1013, Idaho Code, be, and the same is hereby
2
1 amended to read as follows:
2 54-1013. RENEWAL OF LICENSES -- INACTIVE LICENSES. (1) A license once
3 issued under this chapter, unless revoked or suspended as herein provided, may
4 be renewed at any time during the final month of the licensing period on the
5 payment of the renewal fee herein specified, proof of satisfaction of the con-
6 tinuing education requirements as established by the electrical board, and
7 provided that all outstanding civil penalties, and permit or other fees, have
8 been paid in full, and all outstanding correction notices have been satisfac-
9 torily resolved. For electrical contractors and specialty electrical contrac-
10 tors, proof of liability insurance in the amount of three hundred thousand
11 dollars ($300,000) shall also be required, and proof of worker's compensation
12 insurance shall be required if applicable.
13 (2) Any license which has expired may be revived at any time within one
14 (1) year from the first day of the final month of the licensing period, by
15 payment of the revival fee herein specified, together with all outstanding
16 civil penalties, and permit or other fees and penalties, and upon proof that
17 outstanding correction notices have been satisfactorily resolved. For electri-
18 cal contractors and specialty electrical contractors, proof of liability
19 insurance in the amount of three hundred thousand dollars ($300,000) shall
20 also be required, and proof of worker's compensation insurance shall be
21 required if applicable.
22 (3) Certificates of competency issued prior to July 1, 1961, shall, for
23 the purpose of this chapter, be considered as licenses and may be renewed or
24 revived as herein provided.
25 (4) The administrator may renew, on an inactive basis, the license of an
26 electrical contractor or specialty contractor who is not engaged in electrical
27 contracting in this state. The board shall fix and collect an inactive license
28 fee for such an inactive license renewal in an amount not to exceed one hun-
29 dred fifty dollars ($150). Each inactive license shall be issued for a period
30 of one (1) year. An electrical contractor or specialty contractor holding an
31 inactive license may not engage in the practice of electrical contracting or
32 specialty contracting in this state. If an electrical contractor or specialty
33 contractor wishes to convert his inactive license to an active license, he may
34 do so by paying a processing fee of thirty dollars ($30.00) and providing
35 proof of the required liability insurance and applicable worker's compensation
36 insurance.
STATEMENT OF PURPOSE
RS 15362
The proposed legislation will modify Idaho Code to allow for
the institution of an "inactive" category for electrical
contractor licenses. This provision will allow current holders
of electrical contractor's licenses who are not actively engaged
in the industry to avoid the requirement for liability insurance
as stated in Section 54-1003A(1), Idaho Code. Subsequent to the
passage of House Bill No. 139 during the 2005 legislative
session, it was discovered that many current holders of
electrical contractor's licenses are not actively engaged as
contractors, and imposing the liability insurance requirement on
an "inactive" license holder poses and undue hardship. Forcing
the license holder to drop his contractor license to avoid the
insurance requirement would also impose a hardship as the holder
would have to retake the contractor examination to requalify for
the electrical contractor's license. The electrical contractor
license would have to be activated before acting in the capacity
if an electrical contractor.
FISCAL NOTE
There will be no fiscal impact from the passage of this
legislation.
CONTACT
Name: Steve Keys, Bureau Chief
Agency: Division of Building Safety
Phone: 332-8986
STATEMENT OF PURPOSE/FISCAL NOTE H 548