HOUSE BILL NO. 476
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H0476...........................................................by BUSINESS
PUBLIC WORKS CONTRACTORS - Amends existing law relating to public works
contractors to provide for a Class Unlimited license; to provide for
qualifications for a Class Unlimited license; to revise the qualifications
for certain other classes of licenses; to provide that specified bids, with
an exception, must not exceed the estimated cost or bid limit of the
license held; to require that the aggregate total of bids include all bids
of subcontractors; and to provide that subcontractors' bids must not be
considered a separate item for the purpose of computing the bid on a public
works project.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Bus
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 64-2-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(08), Shirley,
Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson, Thayn,
Thomas, Trail, Vander Woude, Wood(27), Mr. Speaker
NAYS -- Harwood, Wood(35)
Absent and excused -- Bedke, Lake, Shepherd(02), Wills
Floor Sponsor - Rusche
Title apvd - to Senate
02/29 Senate intro - 1st rdg - to Com/HuRes
03/14 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Pearce
Floor Sponsor - Goedde
Title apvd - to House
03/18 To enrol - Rpt enrol - Sp signed
03/19 Pres signed
03/20 To Governor
03/25 Governor signed
Session Law Chapter 254
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 476
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC WORKS CONTRACTORS; AMENDING SECTION 54-1904, IDAHO CODE, TO
3 PROVIDE FOR A CLASS UNLIMITED LICENSE, TO PROVIDE FOR THE QUALIFICATIONS
4 FOR A CLASS UNLIMITED LICENSE, TO REVISE THE QUALIFICATIONS FOR CERTAIN
5 OTHER CLASSES OF LICENSES, TO PROVIDE THAT SPECIFIED BIDS, WITH AN EXCEP-
6 TION, MUST NOT EXCEED THE ESTIMATED COST OR BID LIMIT OF THE LICENSE HELD,
7 TO REQUIRE THAT THE AGGREGATE TOTAL OF BIDS INCLUDE ALL BIDS OF SUBCON-
8 TRACTORS, TO PROVIDE THAT SUBCONTRACTOR BIDS MUST NOT BE CONSIDERED A SEP-
9 ARATE ITEM FOR THE PURPOSE OF COMPUTING THE BID ON A GIVEN PUBLIC WORKS
10 PROJECT AND TO MAKE TECHNICAL CORRECTIONS.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 54-1904, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 54-1904. CLASSES OF LICENSES -- RIGHTS GRANTED UNDER LICENSES -- FEES.
15 (1) There shall be six seven (67) classes of licenses issued under the provi-
16 sions of this chapter which are hereby designated as Classes Unlimited, AAA,
17 AA, A, B, C and D, the maximum fee for which shall be as hereinafter speci-
18 fied. Each applicant for a license shall specify the class of license applied
19 for in his application.
20 (2) For the purpose of licensing public works contractors under this
21 chapter the board may adopt rules necessary to determine the classification
22 according to their responsibility, and the type and scope of the operations of
23 a licensed contractor to those in which he is classified and qualified to
24 engage as in this chapter provided.
25 (3) The license classes shall be as follows:
26 (a) Class "Unlimited" license. Any contractor whose qualifications, abil-
27 ity and responsibility to execute contracts for public works involving an
28 estimated cost of more than five million dollars ($5,000,000) may, upon
29 application and payment of a license fee not to exceed six hundred dollars
30 ($600), be granted a Class "Unlimited" license and be so classified by the
31 board in accordance with the provisions of this chapter. The holder of a
32 Class "Unlimited" license shall be entitled to engage in the public works
33 contracting business in this state as provided in said license. The
34 renewal fee for a Class "Unlimited" license shall not exceed six hundred
35 dollars ($600). An applicant requesting a Class "Unlimited" license in
36 heavy, highway, specialty or building construction shall have a minimum
37 net worth of one million dollars ($1,000,000) with six hundred thousand
38 dollars ($600,000) in working capital.
39 (b) Class "AAA" license. Any contractor whose qualifications, ability and
40 responsibility to execute contracts for public works involving an esti-
41 mated cost of not more than three five million dollars ($35,000,000) may,
42 upon his application and the payment of a license fee not to exceed five
43 hundred dollars ($500), be granted a Class "AAA" license and be so classi-
2
1 fied by the board in accordance with the provisions of this chapter. The
2 holder of a Class "AAA" license shall be entitled to engage in the public
3 works contracting business in the state as provided in said license. The
4 renewal fee for a Class "AAA" license shall not exceed five hundred dol-
5 lars ($500).
6 (c) Class "AA" license. Any contractor whose qualifications, ability and
7 responsibility to execute contracts for public works involving an esti-
8 mated cost of not more than three million dollars ($3,000,000) may, upon
9 his application and the payment of a license fee not to exceed four hun-
10 dred dollars ($400), be granted a Class "AA" license and be so classified
11 by the board in accordance with the provisions of this chapter. The holder
12 of a Class "AA" license shall be entitled to engage in the public works
13 contracting business in the state as provided in said license. The renewal
14 fee for a Class "AA" license shall not exceed four hundred dollars ($400).
15 (d) Class "A" license. Any contractor whose qualifications, ability and
16 responsibility to execute contracts for public works involving an esti-
17 mated cost of not more than one million two hundred fifty thousand dollars
18 ($1,00250,000) may, upon his application and the payment of a license fee
19 not to exceed three hundred dollars ($300), be granted a Class "A" license
20 and be so classified by the board in accordance with the provisions of
21 this chapter. The holder of a Class "A" license shall be entitled to
22 engage in the public works contracting business in the state as provided
23 in said license. The renewal fee for a Class "A" license shall not exceed
24 three hundred dollars ($300).
25 (e) Class "B" license. Any contractor whose qualifications, ability and
26 responsibility to execute contracts for public works involving an esti-
27 mated cost of not more than five six hundred thousand dollars ($5600,000),
28 may, upon his application and the payment of a license fee not to exceed
29 one hundred fifty dollars ($150) be granted a Class "B" license and be so
30 classified by the board in accordance with the provisions of this chapter.
31 The holder of a Class "B" license shall be entitled to engage in the pub-
32 lic works contracting business in the state as provided in said license.
33 The renewal fee for a Class "B" license shall not exceed one hundred fifty
34 dollars ($150).
35 (f) Class "C" license. Any contractor whose qualifications, ability and
36 responsibility to execute contracts for public works involving an esti-
37 mated cost of not more than one two hundred thousand dollars ($1200,000),
38 may, upon his application and the payment of a license fee not to exceed
39 one hundred dollars ($100), be granted a Class "C" license and be so clas-
40 sified by the board in accordance with the provisions of this chapter. The
41 holder of a Class "C" license shall be entitled to engage in the public
42 works contracting business in the state as provided in said license. The
43 renewal fee for a Class "C" license shall not exceed one hundred dollars
44 ($100).
45 (g) Class "D" license. Any contractor whose qualifications, ability and
46 responsibility to execute contracts for public works involving an esti-
47 mated cost of not more than fifty thousand dollars ($50,000), may, upon
48 his application and the payment of a license fee not to exceed fifty dol-
49 lars ($50.00), be granted a Class "D" license and be so classified by the
50 board in accordance with the provisions of this chapter. The holder of a
51 Class "D" license shall be entitled to engage in the public works con-
52 tracting business in the state as provided in said license. The renewal
53 fee for a Class "D" license shall not exceed fifty dollars ($50.00).
54 (4) The board shall be vested with the power to fix annually the amount
55 of the original and renewal license fees for each class of license for the
3
1 ensuing license year. The amount of the license fee so fixed shall not exceed
2 the maximum fee set forth in this section.
3 (5) Each license issued by the administrator shall clearly indicate the
4 type and scope of work for which the licensee is qualified and licensed. The
5 holder of the license shall be permitted to submit proposals for and perform
6 only those types of work specified in each license. The administrator may
7 extend the permissible type or scope of work to be done under any license when
8 it is determined by the administrator that the applicant meets all of the
9 requirements of this chapter to qualify him to do such other work.
10 (6) The total of any single bid on a given public works project, or the
11 aggregate total of any split bids, or the aggregate of any base bid and any
12 alternate bid items, or the aggregate total of any separate bid by a licensee
13 of any class, except Class "Unlimited," shall not exceed the estimated cost or
14 bid limit of the class of license held by the licensee. The aggregate total of
15 bids shall include all bids of subcontractors. Subcontractor bids shall not be
16 considered a separate bid for the purposes of computing the bid on a given
17 public works project.
STATEMENT OF PURPOSE
RS 17406
The proposed legislation will revise Section 54-1904, Idaho
Code, to establish new limits recognizing the impact of
inflation on the various classes of licenses. It will also
establish a new “unlimited” for very large projects.
FISCAL NOTE
The proposed legislation will not result in any fiscal impact to
the state General Fund.
CONTACT
Name: Steve Keys
Agency: Building Safety
Phone: 332-8986
STATEMENT OF PURPOSE/FISCAL NOTE H 476