2006 Legislation
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HOUSE BILL NO. 548 – Electrical contractors, insurance

HOUSE BILL NO. 548

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                      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