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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0514.02 Jed Franklin x5484 HOUSE BILL 26-1415
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
CONCERNING A PROGRAM FOR THE PERMISSIVE CERTIFICATION OF101
RESIDENTIAL CONSTRUCTION CONTRACTORS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill creates the residential construction contractor certification
enterprise (enterprise) in the department of law (department). The
enterprise is and operates as a government-owned business within the
department for the business purposes of using fee revenue to administer
a residential construction contractor certification program (program).
The enterprise may assess a residential construction contractor
HOUSE SPONSORSHIP
Ricks,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
certification fee (fee) only on a residential construction contractor
(contractor) that applies to the department for a residential construction
certificate. The total annual fee revenue shall not exceed the cost of
collecting the fee, administering the program, certifying contractors, and
the direct and indirect costs of the enterprise. The amount of the fee must
not exceed $100 annually. The department may adopt rules to implement
the fee.
The enterprise shall transmit all net revenue collected from the fee
to the state treasurer, who shall credit the net revenue to the contractor
certification cash fund, which is created by the bill. Money in the fund is
continuously appropriated to the enterprise to administer the program.
The enterprise shall administer the program in accordance with the
following goals:
! Preventing or reducing damage to homeowners caused by
contractors who abandon work before a project is
complete;
! Encouraging contractors to comply with the terms of a
construction agreement with the homeowner; and
! Increasing the likelihood of a contractor performing
competently by encouraging contractors to be certified by
the enterprise in accordance with certain standards.
The enterprise is governed by a board of directors (board)
composed of 13 individuals appointed by the attorney general or their
designee. The board shall establish criteria to evaluate contractor
applications for certification. To determine whether to issue a
certification, the board shall consider specified criteria.
The board shall submit a report by July 1 of each year to the
committees of reference of the general assembly to which the department
is assigned pursuant to statute. The report must include certain
information specified in the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 24-31-120 as2
follows:3
24-31-120. Residential construction contractor certification4
enterprise - fund - goals - certification program - gifts, grants, or5
donations - legislative declaration - definitions - repeal.6
(1) Legislative declaration. THE GENERAL ASSEMBLY HEREBY:7
(a) FINDS AND DETERMINES THAT:8
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(I) B Y PROVIDING THE BENEFITS AND SERVICES SPECIFIED IN1
SUBSECTION (7) OF THIS SECTION , THE RESIDENTIAL CONSTRUCTION2
CONTRACTOR CERTIFICATION ENTERPRISE ENGAGES IN AN ACTIVITY3
CONDUCTED IN THE PURSUIT OF A BENEFIT , GAIN, OR LIVELIHOOD AND4
THEREFORE OPERATES AS A BUSINESS;5
(II) CONSISTENT WITH THE DETERMINATION OF THE COLORADO6
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 8967
P.2d 859 (C OLO. 1995), THAT THE POWER TO IMPOSE TAXES IS8
INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE9
X OF THE STATE CONSTITUTION, IT IS THE CONCLUSION OF THE GENERAL10
ASSEMBLY THAT THE FEE COLLECTED BY THE ENTERPRISE IS A FEE, NOT A11
TAX, BECAUSE THE FEE IS IMPOSED FOR THE SPECIFIC PURPOSE OF12
ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE13
BUSINESS SERVICES SPECIFIED IN SUBSECTION (1)(a)(I) OF THIS SECTION TO14
CUSTOMERS THAT PAY THE FEE AND THE FEE IS COLLECTED AT A RATE15
THAT IS REASONABLY CALCULATED BASED ON THE BENEFITS RECEIVED BY16
THOSE CUSTOMERS;17
(III) SO LONG AS THE RESIDENTIAL CONSTRUCTION CONTRACTOR18
CERTIFICATION ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR PURPOSES19
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, THE REVENUE20
FROM THE FEE COLLECTED BY THE ENTERPRISE IS NOT STATE FISCAL YEAR21
SPENDING, AS DEFINED IN SECTION 24-77-102 (17), OR STATE REVENUES,22
AS DEFINED IN SECTION 24-77-103.6 (6)(c), AND DOES NOT COUNT23
AGAINST EITHER THE STATE FISCAL YEAR SPENDING LIMIT IMPOSED BY24
SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION OR THE EXCESS25
STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6 (6)(b)(I)(B);26
AND27
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(IV) N O OTHER ENTERPRISE CREATED SIMULTANEOUSLY OR1
WITHIN THE PRECEDING FIVE YEARS SERVES PRIMARILY THE SAME PURPOSE2
AS THE RESIDENTIAL CONSTRUCTION CONTRACTOR CERTIFICATION3
ENTERPRISE AND THE ENTERPRISE WILL GENERATE REVENUE FROM FEES4
AND SURCHARGES OF LESS THAN ONE HUNDRED MILLION DOLLARS TOTAL5
IN ITS FIRST FIVE FISCAL YEARS . ACCORDINGLY, THE CREATION OF THE6
RESIDENTIAL CONSTRUCTION CONTRACTOR CERTIFICATION ENTERPRISE7
DOES NOT REQUIRE VOTER APPROVAL PURSUANT TO SECTION 24-77-108. 8
(2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT9
OTHERWISE REQUIRES:10
(a) "B OARD" MEANS THE BOARD OF DIRECTORS OF THE11
ENTERPRISE.12
(b) "C ERTIFICATION PROGRAM " MEANS THE RESIDENTIAL13
CONSTRUCTION CONTRACTOR CERTIFICATION PROGRAM CREATED IN14
SUBSECTION (7) OF THIS SECTION.15
(c) "C ONTRACTOR" MEANS A PERSON UNDERTAKING OR16
PERFORMING RESIDENTIAL CONSTRUCTION.17
(d) "DEPARTMENT" MEANS THE DEPARTMENT OF LAW.18
(e) "E NTERPRISE" MEANS THE RESIDENTIAL CONSTRUCTION19
CONTRACTOR CERTIFICATION ENTERPRISE CREATED IN SUBSECTION (3) OF20
THIS SECTION.21
(f) "FEE" MEANS THE FEE DESCRIBED IN SUBSECTION (4) OF THIS22
SECTION.23
(g) "FUND" MEANS THE CONTRACTOR CERTIFICATION CASH FUND24
CREATED IN SUBSECTION (5) OF THIS SECTION.25
(h) "RESIDENTIAL CONSTRUCTION" MEANS WORK ON RESIDENTIAL26
STRUCTURES FOR REMUNERATION AND INCLUDES THE BUILDING ,27
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ALTERATION, REPAIR, REMODELING, DEMOLITION, OR IMPROVEMENT OF1
ANY RESIDENTIAL STRUCTURE, AND GENERAL CONTRACTING, CARPENTRY,2
ELECTRICAL, PLUMBING, HVAC, MASONRY, CONCRETE WORK, ROOFING,3
OR OTHER SPECIALIZED TRADES THAT BENEFIT A RESIDENTIAL STRUCTURE.4
(3) Enterprise.5
(a) THE RESIDENTIAL CONSTRUCTION CONTRACTOR CERTIFICATION6
ENTERPRISE IS CREATED IN THE DEPARTMENT OF LAW . THE ENTERPRISE IS7
AND OPERATES AS A GOVERNMENT -OWNED BUSINESS WITHIN THE8
DEPARTMENT FOR THE BUSINESS PURPOSES OF USING FEE REVENUE TO9
ADMINISTER THE CERTIFICATION PROGRAM , EVALUATE CONTRACTORS10
THAT HAVE APPLIED FOR CERTIFICATION , AND ISSUE CERTIFICATES TO11
CONTRACTORS APPROVED BY THE BOARD . THE ENTERPRISE IS A TYPE 212
ENTITY AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS AND13
PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE DEPARTMENT.14
(b) THE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES15
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT16
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS17
THAN TEN PERCENT OF ITS TOTAL REVENUES IN GRANTS FROM THE STATE18
AND ALL LOCAL GOVERNMENTS COMBINED. SO LONG AS IT CONSTITUTES19
AN ENTERPRISE PURSUANT TO THIS SUBSECTION (3)(b), THE ENTERPRISE IS20
NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION.21
(c) THE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE TO: 22
(I) C OLLECT THE FEE DESCRIBED IN SUBSECTION (4) OF THIS23
SECTION;24
(II) E VALUATE CONTRACTORS WHO HAVE APPLIED FOR25
CERTIFICATION AND DETERMINE WHETHER TO CERTIFY THE CONTRACTOR26
IN ACCORDANCE WITH SUBSECTION (7) OF THIS SECTION;27
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(III) B Y RESOLUTION , AUTHORIZE AND ISSUE REVENUE BONDS1
THAT ARE PAYABLE ONLY FROM THE MONEY IN THE FUND, WHICH MAY BE2
ISSUED TO FURTHER THE ENTERPRISE'S PURPOSES;3
(IV) ADOPT, AMEND, OR REPEAL POLICIES FOR THE REGULATION4
OF ITS AFFAIRS AND THE CONDUCT OF ITS BUSINESS CONSISTENT WITH THIS5
SECTION, INCLUDING ESTABLISHING APPLICATION , REVIEW , APPROVAL ,6
REPORTING, AND OTHER REQUIREMENTS FOR CERTIFICATION; AND7
(V) E NGAGE THE SERVICE OF CONSTRUCTION CONTRACTORS ,8
CONSULTANTS, AND LEGAL COUNSEL, INCLUDING THE DEPARTMENT, FOR9
PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE AND TO SUPPLY10
OTHER SERVICES RELATED TO THE CONDUCT OF THE AFFAIRS OF THE11
ENTERPRISE, WITHOUT REGARD TO THE "PROCUREMENT CODE", ARTICLES12
101 TO 112 OF THIS TITLE 24.13
(d) THE ENTERPRISE IS GOVERNED BY A BOARD OF DIRECTORS. THE14
BOARD CONSISTS OF THE FOLLOWING THIRTEEN MEMBERS APPOINTED BY15
THE ATTORNEY GENERAL OR THEIR DESIGNEE:16
(I) ONE MEMBER REPRESENTING THE DEPARTMENT OF LAW;17
(II) ONE MEMBER REPRESENTING THE DIVISION OF HOUSING IN THE18
DEPARTMENT OF LOCAL AFFAIRS; 19
(III) ONE MEMBER REPRESENTING THE DIVISION OF PROFESSIONS20
AND OCCUPATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES;21
(IV) O NE MEMBER WHO HAS EXPERIENCE IN LICENSING22
ELECTRICIANS, PLUMBERS, HVAC, OR MECHANICAL TRADES;23
(V) F OUR MEMBERS REPRESENTING RESIDENTIAL HOUSING24
CONSUMERS, AT LEAST ONE OF WHOM REPRESENTS A RURAL AREA, ONE OF25
WHOM REPRESENTS A MUNICIPALITY , AND ALL OF WHOM , TAKEN AS A26
WHOLE AND TO THE GREATEST EXTENT POSSIBLE , REPRESENT THE27
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GEOGRAPHIC DIVERSITY OF THE STATE;1
(VI) T WO MEMBERS WHO HAVE EXPERTISE IN RESOLVING2
RESIDENTIAL CONSTRUCTION DISPUTES; AND3
(VII) T HREE MEMBERS REPRESENTING THE RESIDENTIAL4
CONSTRUCTION CONTRACTING INDUSTRY.5
(e) THE MEMBER APPOINTED PURSUANT TO SUBSECTION (3)(d)(I)6
OF THIS SECTION SHALL CALL THE FIRST MEETING OF THE BOARD . THE7
BOARD SHALL ELECT A CHAIR FROM AMONG ITS MEMBERS TO SERVE FOR8
A TERM NOT TO EXCEED TWO YEARS, AS DETERMINED BY THE BOARD.9
(f) T HE TERM OF OFFICE OF BOARD MEMBERS IS FOUR YEARS ;10
EXCEPT THAT THE ATTORNEY GENERAL OR THEIR DESIGNEE SHALL11
DESIGNATE TWO MEMBERS APPOINTED PURSUANT TO SUBSECTION12
(3)(d)(V) OF THIS SECTION, ONE OF THE MEMBERS APPOINTED PURSUANT13
TO SUBSECTION (3)(d)(VI) OF THIS SECTION, AND THREE OF THE MEMBERS14
APPOINTED PURSUANT TO SUBSECTIONS (3)(d)(I), (3)(d)(II), (3)(d)(IV),15
AND (3)(d)(VII) OF THIS SECTION TO SERVE INITIAL TERMS OF TWO YEARS.16
(g) A VACANCY ON THE BOARD SHALL BE FILLED BY THE17
ATTORNEY GENERAL OR THEIR DESIGNEE AS SOON AS POSSIBLE. A PERSON18
APPOINTED TO FILL A VACANCY SERVES FOR THE REMAINDER OF THE19
UNEXPIRED TERM.20
(h) THE BOARD SHALL MEET AT LEAST QUARTERLY AND THE CHAIR21
MAY CALL ADDITIONAL MEETINGS AS NECESSARY FOR THE BOARD TO22
COMPLETE ITS DUTIES.23
(i) EACH MEMBER OF THE BOARD IS ENTITLED TO RECEIVE FROM24
MONEY IN THE FUND A PER DIEM ALLOWANCE OF FIFTY DOLLARS FOR EACH25
DAY SPENT ATTENDING OFFICIAL BOARD MEETINGS.26
(4) Fee.27
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(a) A CONTRACTOR CERTIFICATION FEE IN AN AMOUNT SET BY THE1
ENTERPRISE, UP TO A MAXIMUM OF ONE HUNDRED DOLLARS , IS IMPOSED2
ON EACH RESIDENTIAL CONSTRUCTION CONTRACTOR THAT APPLIES TO THE3
BOARD FOR A CERTIFICATION . EACH RESIDENTIAL CONSTRUCTION4
CONTRACTOR THAT APPLIES FOR A CERTIFICATION SHALL PAY THE5
CONTRACTOR CERTIFICATION FEE TO THE ENTERPRISE AT THE TIME AND IN6
THE MANNER PRESCRIBED BY THE ENTERPRISE IN ACCORDANCE WITH7
SUBSECTION (6) OF THIS SECTION . THE MONEY FROM THE FEE IMPOSED8
PURSUANT TO THIS SUBSECTION (4)(a) IS EXCLUDED FROM THE STATE 'S9
FISCAL YEAR SPENDING.10
(b) THE ENTERPRISE SHALL TRANSMIT THE MONEY FROM THE FEES11
COLLECTED PURSUANT TO THIS SUBSECTION (4) TO THE STATE TREASURER,12
WHO SHALL CREDIT THE MONEY TO THE CONTRACTOR CERTIFICATION FEE13
CASH FUND CREATED IN SUBSECTION (5) OF THIS SECTION.14
(c) T HE ENTERPRISE SHALL ENSURE , BY LOWERING THE FEE15
IMPOSED BY THIS SUBSECTION (4) TO THE EXTENT NECESSARY, THAT THE16
TOTAL AMOUNT OF FEE REVENUE DOES NOT EXCEED ONE HUNDRED17
MILLION DOLLARS OVER THE FIRST FIVE FISCAL YEARS OF THE18
ENTERPRISE'S EXISTENCE.19
(5) Fund.20
(a) THE CONTRACTOR CERTIFICATION CASH FUND IS CREATED IN21
THE STATE TREASURY. THE FUND CONSISTS OF MONEY CREDITED TO THE22
FUND PURSUANT TO SUBSECTION (4) OF THIS SECTION AND ANY OTHER23
MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER24
TO THE FUND.25
(b) T HE MONEY IN THE FUND SHALL NOT BE DEPOSITED IN OR26
TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND . THE STATE27
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TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE1
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND.2
(c) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE3
ENTERPRISE FOR:4
(I) T HE COSTS OF COLLECTING THE FEE , ADMINISTERING THE5
CERTIFICATION PROGRAM, AND CERTIFYING RESIDENTIAL CONSTRUCTION6
CONTRACTORS IN ACCORDANCE WITH SUBSECTION (7) OF THIS SECTION;7
(II) A NY DIRECT AND INDIRECT ADMINISTRATIVE EXPENSES8
INCURRED BY THE ENTERPRISE; AND9
(III) R EPAYING THE GENERAL FUND LOAN MADE PURSUANT TO10
SUBSECTION (5)(e) OF THIS SECTION.11
(d) THE BOARD MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,12
OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF13
THIS SECTION, SO LONG AS THE TOTAL AMOUNT OF ALL GRANTS RECEIVED14
FROM THE STATE AND LOCAL GOVERNMENTS IS LESS THAN TEN PERCENT15
OF THE ENTERPRISE'S TOTAL ANNUAL REVENUE.16
(e) (I) ON JUNE 30, 2026, THE STATE TREASURER SHALL TRANSFER17
TEN THOUSAND DOLLARS FROM THE GENERAL FUND TO THE FUND FOR THE18
PURPOSE OF DEFRAYING EXPENSES INCURRED BY THE ENTERPRISE BEFORE19
IT RECEIVES FEE REVENUE OR REVENUE BOND PROCEEDS .20
NOTWITHSTANDING ANY OTHER LAW, THE ENTERPRISE MAY ACCEPT AND21
EXPEND ANY MONEY SO TRANSFERRED , AND , NOTWITHSTANDING ANY22
STATE FISCAL RULE OR GENERALLY ACCEPTED ACCOUNTING PRINCIPLE23
THAT COULD OTHERWISE BE INTERPRETED TO REQUIRE A CONTRARY24
CONCLUSION, THE TRANSFER IS A LOAN FROM THE STATE TREASURER TO25
THE ENTERPRISE THAT IS REQUIRED TO BE REPAID AND IS NOT A GRANT FOR26
PURPOSES OF SECTION 20 (2)(d) OF ARTICLE X OF THE STATE27
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CONSTITUTION OR AS DEFINED IN SECTION 24-77-102 (7). ALL MONEY1
TRANSFERRED AS A LOAN TO THE ENTERPRISE IS CREDITED TO THE FUND2
OR TO AN ACCOUNT WITHIN THE FUND . LOAN LIABILITIES THAT ARE3
RECORDED IN THE FUND BUT THAT ARE NOT REQUIRED TO BE PAID IN THE4
CURRENT FISCAL YEAR SHALL NOT BE CONSIDERED WHEN CALCULATING5
THE SUFFICIENT STATUTORY FUND BALANCE FOR PURPOSES OF SECTION6
24-75-109.7
(II) NO LATER THAN DECEMBER 31, 2027, THE ENTERPRISE SHALL8
REPAY THE LOAN OF TEN T HOUSAND DOLLARS RECEIVED PURSUANT TO9
SUBSECTION (5)(e)(I) OF THIS SECTION AND ACCUMULATED INTEREST .10
INTEREST ACCRUES ON THE MONEY BORROWED AT THE RATE PER ANNUM11
ON THE MOST RECENTLY ISSUED TEN -YEAR UNITED STATES TREASURY12
NOTE, ROUNDED TO THE NEAREST ONE -TENTH OF ONE PERCENT , AS13
REPORTED BY THE WALL STREET JOURNAL AS OF THE DATE THE TRANSFER14
REQUIRED BY SUBSECTION (5)(e)(I) OF THIS SECTION IS MADE, BEGINNING15
ON THAT DATE AND CONTINUING UNTIL THE DATE ON WHICH THE MONEY16
IS REPAID.17
(III) T HIS SUBSECTION (5)(e) IS REPEALED , EFFECTIVE JULY 1,18
2028.19
(6) Residential construction improvement goals. T HE20
ENTERPRISE SHALL ADMINISTER THE CERTIFICATION PROGRAM IN21
ACCORDANCE WITH THE FOLLOWING GOALS:22
(a) PREVENTING OR REDUCING DAMAGE TO HOMEOWNERS CAUSED23
BY CONTRACTORS WHO ABANDON WORK BEFORE A PROJECT IS COMPLETE;24
(b) ENCOURAGING CONTRACTORS TO COMPLY WITH THE TERMS OF25
A CONSTRUCTION AGREEMENT WITH A HOMEOWNER; AND26
(c) INCREASING THE LIKELIHOOD OF A CONTRACTOR PERFORMING27
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COMPETENTLY BY ENCOURAGING CONTRACTORS TO BE CERTIFIED BY THE1
ENTERPRISE.2
(7) Certification program.3
(a) THE RESIDENTIAL CONSTRUCTION CONTRACTOR CERTIFICATION4
PROGRAM, BY WHICH A CONTRACTOR MAY OBTAIN CERTIFICATION FROM5
THE BOARD TO PERFORM RESIDENTIAL CONSTRUCTION PROJECTS , IS6
CREATED. THE ENTERPRISE SHALL ADMINISTER THE CERTIFICATION7
PROGRAM AND ISSUE CERTIFICATES AS PROVIDED IN THIS SUBSECTION (7). 8
(b) THE PURPOSE OF THE CERTIFICATION PROGRAM IS TO ACHIEVE9
THE GOALS SPECIFIED IN SUBSECTION (6) OF THIS SECTION BY10
ENCOURAGING CONTRACTORS TO PARTICIPATE IN THE CERTIFICATION11
PROGRAM AND OBTAIN A CERTIFICATION FROM THE BOARD PURSUANT TO12
THIS SECTION, PROVIDE BETTER SERVICE TO CONSUMERS , AND FOSTER A13
SENSE OF CONFIDENCE IN CONSUMERS THAT CERTIFIED CONTRACTORS ARE14
RELIABLE, SAFE, AND COMPETENT. THE BOARD SHALL ESTABLISH CRITERIA15
TO EVALUATE APPLICATIONS FOR CERTIFICATION BASED ON:16
(I) W HETHER THE CONTRACTOR PROCURES AND MAINTAINS17
ADEQUATE FINANCIAL SECURITY TO COVER ITS POTENTIAL LIABILITIES .18
ADEQUATE FINANCIAL SECURITY INCLUDES A SURETY BOND OR LIABILITY19
INSURANCE IN COMMERCIALLY REASONABLE COVERAGE AMOUNTS TAKING20
INTO ACCOUNT THE POTENTIAL LIABILITY EXPOSURE OF A CONTRACTOR21
APPLYING FOR A CERTIFICATION.22
(II) THE DEGREE OF THE CONTRACTOR'S COMPLIANCE WITH OTHER23
APPLICABLE CONSTRUCTION LICENSING REQUIREMENTS;24
(III) T HE DEGREE OF THE CONTRACTOR 'S COMPLIANCE WITH25
APPLICABLE BUILDING CODES;26
(IV) THE CONTRACTOR'S SKILL LEVEL, AS INDICATED BY OTHER27
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CERTIFICATIONS, LICENSES, PROJECTS UNDERTAKEN, EDUCATIONAL LEVEL,1
REPUTATION, AND EXPERIENCE IN THE INDUSTRY;2
(V) A NY INFORMATION RELATED TO THE QUALITY OF THE3
CONTRACTOR'S PERFORMANCE ON RESIDENTIAL CONSTRUCTION PROJECTS;4
(VI) T HE DEGREE TO WHICH THE CONTRACTOR COMPLETED5
PROJECTS ON TIME AND IN ACCORDANCE WITH ITS CONTRACTUAL6
OBLIGATIONS; AND7
(VII) THE NATURE OF ANY RESIDENTIAL CONSTRUCTION PROJECT8
DISPUTES INVOLVING THE CONTRACTOR AND THE RESOLUTION OF THE9
DISPUTE, IF ANY.10
(c) A CONTRACTOR MAY SUBMIT AN APPLICATION TO THE11
ENTERPRISE FOR A CERTIFICATION PURSUANT TO THE POLICIES AND12
PROCEDURES ADOPTED BY THE BOARD.13
(8) Reporting. NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I),14
THE BOARD SHALL SUBMIT A REPORT BY JULY 1 OF EACH YEAR TO THE15
COMMITTEES OF REFERENCE OF THE GENERAL ASSEMBLY TO WHICH THE16
DEPARTMENT IS ASSIGNED PURSUANT TO SECTION 2-7-203 (1). THE17
REPORT MUST INCLUDE: 18
(a) THE UNOBLIGATED BALANCE OF THE FUND , THE NUMBER OF19
CERTIFICATION APPLICATIONS RECEIVED , AND THE NUMBER OF20
CERTIFICATES ISSUED;21
(b) THE PROGRESS TOWARD ACHIEVEMENT OF THE RESIDENTIAL22
CONSTRUCTION IMPROVEMENT GOALS SPECIFIED IN SUBSECTION (6) OF23
THIS SECTION AND THE PRIMARY FACTORS FACILITATING AND INHIBITING24
THAT PROGRESS; AND25
(c) ANY SUGGESTED LEGISLATION OR POLICY CHANGES.26
(9) Repeal. THIS SECTION IS REPEALED , EFFECTIVE JANUARY 1,27
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2037.1
SECTION 2. Safety clause. The general assembly finds,2
determines, and declares that this act is necessary for the immediate3
preservation of the public peace, health, or safety or for appropriations for4
the support and maintenance of the departments of the state and state5
institutions.6
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