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H0445......................................................by STATE AFFAIRS
CAPITOL BUILDING PROJECTS - Adds to existing law to provide that Chapter
10, Title 44, Idaho Code, shall not apply to the Capitol Building projects.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to St Aff
02/04 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 62-6-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart, Harwood,
Henderson, Killen, King, Kren, Labrador, Loertscher, Luker, Marriott,
Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart,
Patrick, Pence, Raybould, Roberts, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- Bock, Durst, Henbest, LeFavour, Ringo, Ruchti
Absent and excused -- Jaquet, Lake
Floor Sponsor - Kren
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to St Aff
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 27-7-1
AYES -- Andreason, Bair, Bastian, Broadsword, Cameron, Coiner,
Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKague,
McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner
NAYS -- Bilyeu, Burkett, Kelly, Langhorst, Malepeai(Sagness),
Stennett, Werk
Absent and excused -- Gannon
Floor Sponsor - President Pro Tempore Geddes
Title apvd - to House
02/27 To enrol - Rpt enrol - Sp signed - Pres signed
02/28 To Governor
03/03 Governor signed
Session Law Chapter 54
Effective: 07/01/07;
06/30/10 Sunset Clause
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 445 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CAPITOL BUILDING PROJECTS; AMENDING CHAPTER 57, TITLE 67, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 67-5711F, IDAHO CODE, TO PROVIDE 4 THAT CHAPTER 10, TITLE 44, IDAHO CODE, SHALL NOT APPLY TO CAPITOL BUILDING 5 PROJECTS; DECLARING AN EMERGENCY, PROVIDING FOR RETROACTIVE APPLICATION, 6 PROVIDING A SUNSET DATE AND BARRING PROSECUTION OR PUNISHMENT. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 57, Title 67, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 67-5711F, Idaho Code, and to read as follows: 11 67-5711F. CAPITOL BUILDING PROJECTS -- CHAPTER 10, TITLE 44, IDAHO CODE, 12 INAPPLICABLE. Notwithstanding any other provision of law to the contrary, the 13 provisions of chapter 10, title 44, Idaho Code, shall not apply to any con- 14 tract to be entered into for any capitol building project or projects, and any 15 part thereof. 16 SECTION 2. An emergency existing therefor, which emergency is hereby 17 declared to exist, this act shall be in full force and effect on and after its 18 passage and approval, and retroactively to July 1, 2007, and shall be null, 19 void and of no force and effect on and after June 30, 2010; and any act or 20 omission occurring between January 1, 2007, through June 30, 2007, that could 21 constitute or be prosecuted or punished as a misdemeanor pursuant to Section 22 44-1004, Idaho Code, shall not be subject to prosecution or punishment and 23 shall not be prosecuted or punished.
STATEMENT OF PURPOSE
RS 17390C1
Chapter 10, title 44, Idaho Code, addresses labor on public
works projects. The chapter requires that on all public works
projects, contractors employ 95% Idaho residents (90% for
smaller contractors). Violation of the 95% requirement is a
misdemeanor under the chapter. This chapter also prohibits
employment on public works projects of persons not U.S. citizens
or eligible to become a citizen.
The 95% rule is negatively impacting the ability to obtain bids
on work related to the capitol restoration project. Employment
of illegal aliens is addressed by other statutes and executive
orders.
This legislation would provide that the provisions of chapter
10, title 44, Idaho Code do not apply to capitol building
projects. It has an emergency clause and would be effective
retroactively beginning July 1, 2007 and would sunset June 30,
2010. It would also preclude prosecution/punishment for any act
or omission taking place between January 1, 2007 through June
30, 2007, that could otherwise be subject to punishment under
chapter 10, title 44, Idaho Code.
FISCAL NOTE
No impact on the General Fund.
CONTACT
Name: Joanna Guilfoy
Agency: Administration, Dept. of
Phone: 332-1832
STATEMENT OF PURPOSE/FISCAL NOTE H 445