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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
768
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
IDAHO
CONTRACTOR
REGISTRATION
ACT;
AMENDING
SECTION
2
54
-
5210,
IDAHO
CODE,
TO
REQUIRE
CERTAIN
INFORMATION
TO
BE
PROVIDED
3
IN
APPLICATIONS
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
4
54
-
5215,
IDAHO
CODE,
TO
REVISE
AND
ESTABLISH
PROVISIONS
REGARDING
THE
5
BOARD'S
AUTHORITY
TO
INVESTIGATE
AND
DISCIPLINE;
AMENDING
SECTION
6
54
-
5216,
IDAHO
CODE,
TO
PROVIDE
FOR
CERTAIN
APPLICATIONS
FOR
NEW
REGIS
-
7
TRATION;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Section
54
-
5210,
Idaho
Code,
be,
and
the
same
is
hereby
10
amended
to
read
as
follows:
1
1
54
-
5210.
APPLICATION
FOR
REGISTRATION.
(1)
An
applicant
for
registra
-
12
tion
as
a
contractor
shall
submit
an
application
under
oath
upon
on
a
form
to
13
be
prescribed
by
the
board
and
which
that
shall
include
the
following
infor
-
14
mation
pertaining
to
the
applicant:
15
(a)
Social
security
number
for
natural
persons
or
employer
tax
identi
-
16
fication
number
for
other
persons;
17
(b)
The
name
and
physical
address
under
which
the
applicant
conducts
18
business
.
Any
business
doing
business
under
an
assumed
name
shall
19
provide
satisfactory
proof
of
having
legally
filed
a
certificate
of
20
assumed
name
with
the
Idaho
secretary
of
state
;
21
(c)
The
name
and
physical
address
of
each
principal,
member,
partner,
22
shareholder,
or
any
other
person
claiming
an
ownership
interest
in
the
23
business
entity
for
which
registration
is
being
applied
for
that
is
ap
-
24
plying
for
registration
;
25
(d)
A
certificate
issued
by
an
insurance
company
authorized
to
do
busi
-
26
ness
in
the
state
of
Idaho
or
other
satisfactory
proof
that
the
appli
-
27
cant
has
procured
and
has
in
effect
worker's
compensation
insurance
or
28
a
statement
by
the
contractor
as
to
why
such
certificate
or
coverage
is
29
not
required
for
the
applicant;
30
(e)
A
certificate
issued
by
an
insurance
company
authorized
to
do
busi
-
31
ness
in
the
state
of
Idaho
that
the
applicant
has
procured
and
has
in
ef
-
32
fect
a
general
liability
policy,
including
products
and
completed
op
-
33
erations
insurance
covering
the
applicant's
construction
operations
in
34
the
sum
of
not
less
than
three
hundred
thousand
dollars
($300,000)
sin
-
35
gle
limit.
The
name
of
the
insurance
company,
the
insured
and
policy
36
number
shall
be
made
available
only
to
persons
or
their
insurers
stating
37
that
they
possess
a
claim
against
the
contractor;
38
(f)
A
statement
of
the
type
of
construction
to
be
undertaken
by
the
ap
-
39
plicant,
or
such
other
information
as
may
be
required
by
the
board
pur
-
40
suant
to
administrative
rules
adopted
by
the
board;
and
41
2
(g)
A
designated
natural
person
to
act
as
the
individual
responsible
1
for
compliance
with
the
law
and
rules
applicable
to
the
registration;
2
(h)
A
properly
executed
irrevocable
consent
to
service
of
process,
ap
-
3
plicable
only
to
matters
involving
the
registration,
in
the
manner
and
4
form
prescribed
by
the
board;
and
5
(g)
(i)
A
statement
that
the
applicant
and
each
principal,
member,
6
partner,
shareholder
or
any
other
person
claiming
an
ownership
inter
-
7
est
in
the
business
entity
for
which
registration
is
being
applied
for
8
herein
applying
for
registration
pursuant
to
this
section
has
never
9
been
denied,
surrendered
or
had
revoked
a
contractor's
license
or
10
registration
privilege
in
this
or
any
other
state
or,
if
a
license
or
1
1
registration
privilege
has
been
denied,
surrendered
or
revoked
in
this
12
or
any
other
state,
an
explanation
of
any
such
denial,
surrender
or
re
-
13
vocation.
14
(2)
Along
with
such
application,
the
applicant
shall
submit
a
registra
-
15
tion
fee
as
may
be
set
by
the
board
to
cover
its
administrative
and
enforce
-
16
ment
costs,
not
to
exceed
one
hundred
fifty
dollars
($150)
per
year.
17
(3)
An
application
for
registration
that
has
been
denied
by
the
board
18
shall
be
considered
a
contested
case
as
provided
for
in
chapter
52,
title
67,
19
Idaho
Code,
and
shall
be
subject
to
the
provisions
of
that
chapter
as
well
as
20
the
administrative
rules
adopted
by
the
board
governing
contested
cases.
21
(4)
An
applicant
or
registrant
shall
provide
the
certificates
of
insur
-
22
ance
required
pursuant
to
subsection
(1)
of
this
section
to
the
board
upon
23
request.
24
SECTION
2.
That
Section
54
-
5215,
Idaho
Code,
be,
and
the
same
is
hereby
25
amended
to
read
as
follows:
26
54
-
5215.
AUTHORITY
TO
INVESTIGATE
AND
DISCIPLINE
-
-
SUSPENSION
OR
27
REVOCATION
OF
REGISTRATION.
(1)
The
board
may
investigate
any
person
engaged
28
in
contracting
within
the
state
of
Idaho
or
any
person
believed
to
have
acted
29
as
a
contractor
without
being
duly
registered
as
required
by
this
chapter.
30
Upon
receipt
of
a
written
complaint
from
a
person
who
claims
to
have
been
in
-
31
jured
or
defrauded
by
such
person,
or
upon
information
received
by
the
board,
32
the
board
shall
perform
an
investigation
of
the
facts
alleged
against
such
33
person.
A
contractor
shall
provide
necessary
documents
and
shall
promptly
34
answer
all
reasonable
investigative
questions
asked
by
the
board.
Upon
35
request,
a
contractor
shall
promptly
make
available
to
the
board
all
of
the
36
documents
that
a
contractor
is
required
to
disclose
to
owners
and
purchasers
37
of
residential
real
property
pursuant
to
section
45
-
525,
Idaho
Code.
Such
38
documents
shall
be
made
available
at
the
contractor's
cost
and
at
the
loca
-
39
tion
and
in
the
manner
requested
by
the
board;
provided,
however,
that
the
40
board
may
not
request
any
trade
secrets
as
defined
in
section
74
-
107(1),
41
Idaho
Code,
or
more
than
the
minimum
necessary
amount
of
information
needed
42
to
complete
its
investigation.
If
the
board
investigation
reveals
that
the
43
facts
alleged
or
received
are
sufficient
to
proceed
with
a
formal
action,
the
44
board
may
authorize
the
filing
of
an
administrative
complaint
against
such
45
person
and
may
seek
injunctive
relief
prohibiting
such
person
from
engaging
46
in
construction.
47
(2)
The
board
shall
have
the
authority
to
issue
informal
letters
of
rep
-
48
rimand,
suspend
,
refuse
to
renew,
or
revoke
a
registration,
impose
a
civil
49
3
penalty
in
an
amount
not
to
exceed
one
thousand
dollars
($1,000)
or
per
vi
-
1
olation,
provided
that
no
such
penalty
shall
be
issued
for
a
violation
of
2
paragraph
(e),
(h),
or
(i)
of
this
subsection.
The
board
shall
also
have
the
3
authority
to
issue
a
formal
reprimand
against
any
registered
contractor
if,
4
after
an
opportunity
for
a
hearing,
the
board
determines
that:
5
(a)
A
contractor
has
violated
any
of
the
provisions
of
this
chapter
in
-
6
cluding,
but
not
limited
to,
failure
to
keep
current
or
provide
insur
-
7
ance
coverage
as
required
by
this
chapter;
8
(b)
A
contractor
has
violated
any
of
the
provisions
of
chapter
6,
title
9
48,
Idaho
Code,
relating
to
consumer
protection
including,
but
not
lim
-
10
ited
to,
making
fraudulent
misrepresentations
to
consumers;
1
1
(c)
A
contractor
employed
fraud
or
deception,
made
a
misrepresentation
12
or
misstatement,
or
employed
any
unlawful
means
in
applying
for
or
se
-
13
curing
registration
as
a
contractor;
14
(d)
A
contractor
employed
fraud
or
deception,
made
a
misrepresentation
15
or
misstatement,
or
employed
any
unlawful
means
in
applying
for
or
se
-
16
curing
a
building
permit
or
other
permits
for
construction
of
any
type;
17
(e)
A
contractor
failed
to
pay
the
required
fee
for
registration
as
pro
-
18
vided
in
this
chapter;
19
(f)
A
contractor
has
been
convicted
of
or
has
engaged
in
conduct
consti
-
20
tuting
a
violation
of
public
laws,
ordinances
or
rules
of
this
state,
21
or
any
subdivision
thereof,
relevant
to
contracting,
reflecting
on
22
the
registered
contractor's
ability
or
qualifications
to
continue
23
contracting
for
other
persons,
and
making
the
registered
contractor
a
24
threat
to
the
public
safety,
health
or
well
-
being;
25
(g)
A
contractor
has
engaged
in
any
other
conduct
whether
of
the
same
26
or
a
different
character
than
hereinabove
specified
which
specified
27
pursuant
to
this
subsection
that
constitutes
dishonest
or
dishonorable
28
dealings;
29
(h)
A
contractor
had
a
license,
registration
or
certification
revoked,
30
suspended
or
refused
by
this
or
another
state,
territory,
incorporated
31
municipality,
county,
alternative
form
of
local
government,
or
other
32
municipal
or
political
corporation
or
subdivision
of
this
or
another
33
state,
or
omitted
such
information
from
any
application
to
the
board,
or
34
failed
to
divulge
such
information
when
requested
by
the
board;
35
(i)
A
contractor
has
been
adjudged
mentally
incompetent
by
a
court
of
36
competent
jurisdiction;
or
37
(j)
A
contractor
interfered
with
an
investigation
or
disciplinary
pro
-
38
ceeding
by
a
willful
misrepresentation
of
facts
or
by
the
use
of
threats
39
or
harassment
against
any
person
to
prevent
such
person
from
providing
40
evidence
in
a
disciplinary
proceeding,
investigation
or
other
legal
ac
-
41
tion
instituted
in
accordance
with
this
chapter.
42
(3)
By
order,
the
board
may
prohibit
any
individual
associated
with
a
43
registration
from
registering
as
a
contractor
under
a
different
name
after
44
the
registered
individual
has
had:
45
(a)
Registration
revoked;
or
46
(b)
Three
(3)
or
more
formal
discipline
actions
within
five
(5)
years
47
for
one
(1)
or
more
violations
of
paragraph
(b),
(c),
(d),
(f),
(g),
or
48
(j)
of
subsection
(2)
of
this
section.
49
4
(3)
(4)
A
contractor
whose
registration
has
been
revoked
or
suspended
1
shall
be
required
to
return
his
certificate
of
registration
within
the
time
2
determined
by
the
board
or,
upon
a
failure
to
do
so,
shall
be
liable
for
civil
3
penalties
as
set
by
the
board
but
not
to
exceed
fifty
dollars
($50.00)
per
4
day
for
each
day
the
certificate
is
not
returned
after
the
expiration
of
the
5
period
allowed.
6
(4)
(5)
The
suspension
or
revocation
of
a
registration
shall
be
consid
-
7
ered
a
contested
case
as
provided
for
in
chapter
52,
title
67,
Idaho
Code,
and
8
shall
be
subject
to
the
provisions
of
that
chapter
as
well
as
the
administra
-
9
tive
rules
adopted
by
the
board
governing
contested
cases.
10
(5)
(6)
The
assessment
of
attorney's
fees
and
costs
incurred
in
the
in
-
1
1
vestigation
and
prosecution
or
defense
of
a
person
under
this
section
shall
12
be
governed
by
the
provisions
of
section
12
-
117(5),
Idaho
Code.
13
(7)
For
a
violation
of
this
section,
the
board
may
require
successful
14
completion
of
a
training
course
adopted
by
the
board
in
lieu
of
formal
disci
-
15
pline.
16
SECTION
3.
That
Section
54
-
5216,
Idaho
Code,
be,
and
the
same
is
hereby
17
amended
to
read
as
follows:
18
54
-
5216.
REINSTATEMENT
OF
REGISTRATION
AFTER
DISCIPLINE.
(1)
The
19
board
may
reinstate
a
suspended
or
revoked
registration
upon
a
showing
that:
20
(1)
(a)
The
grounds
for
such
suspension
or
revocation
have
been
elimi
-
21
nated;
22
(2)
(b)
Such
a
violation
is
not
likely
to
reoccur
in
the
future;
and
23
(3)
(c)
The
public
interest
is
not
jeopardized
by
reinstating
the
reg
-
24
istration.
25
(2)
An
individual
who
is
prohibited
from
registration
pursuant
to
the
26
provisions
of
section
54
-
5215(3),
Idaho
Code,
shall
be
entitled
to
submit
27
an
application
for
new
registration
pursuant
to
the
provisions
of
section
28
67
-
2614(10),
Idaho
Code.
29
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
30
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
31
July
1,
2026.
32