The Good

There have been no further attempts to remove electrical apprentice ratios from the Electrical Board Rules.  Rep. Crane (R, Nampa) has not introduced a bill to make unacceptable ratios statutory.  This is good.  However, I’m keeping an eye on the privileged committee agendas as I don’t trust Crane and he’s the Chair of House State Affairs, which is a privileged committee.  He may be focusing on his future as Speaker of the House Bedke is running for Lt. Governor, and that creates an opening for Crane to run for Speaker.  He just needs to get enough of his colleagues in the majority party to vote for him.  He’s ambitious and quite adept at politics so he’s been trying to court favor with the extreme right wing of his party.  I fear that should he become Speaker, he will owe them many favors resulting in future bad legislation.

Legislation to protect utility workers has passed the Senate.  The bill, brought by the AFL would create enhanced criminal penalties for assault or battery of a utility worker.  This is needed as attacks on utility workers have increased recently. https://legislature.idaho.gov/sessioninfo/2022/legislation/S1321/

The Bad

Rep. Dixon’s bills to place Energy Conservation Code adoption within the authority of the Legislature, rather than the Boards, has passed the House.  Follow the link to see the votes:  https://legislature.idaho.gov/sessioninfo/2022/legislation/H0660/

Dixon’s bill to do the same to the Building, Residential, Electrical and Plumbing has also passed the House.  The 2017 and 2018 Codes would be adopted by the Legislature rather than the Boards.  Updates can be promulgated as rules by the Boards but must still be approved by the Legislature.   This is not good.   The Legislature would substitute it’s infinite and unbiased knowledge for that of the Boards created to address technical issues and represent the industries, contractors and workers.  Follow the link to see the votes:  https://legislature.idaho.gov/sessioninfo/2022/legislation/H0614/

Our focus now turns to the Senate to see if we can put the brakes on.

The Ugly

Ugly Thing One. 

Rep. Dixon’s bill to allow unlicensed volunteers to install electrical, plumbing and HVAC on homes built by “non profit organizations.”  Many groups are opposed to this, but unwilling to take any action in the House.  The Realtors don’t like the bill and tried to add an amendment to include notice when the house is sold to a new owner.  Nope.  Dixon shot that down and the bill has passed the House on a straight party line.   Here’s the votes:  https://legislature.idaho.gov/sessioninfo/2022/legislation/H0582/  The bill has been assigned to the Senate Commerce and Human Resources Committee.    Here’s a link to the Committee:  https://legislature.idaho.gov/sessioninfo/2022/standingcommittees/SCHR/    Please take a moment to send an email expressing your opposition.  It only takes a minute, and this Committee actually listens. 

The bill has problems.  Here are some talking points you can use to send an email to the committee:

• We support efforts to increase affordable housing, but not when public safety is jeopardized.  Licensed electricians, plumbers and HVAC installers have spent hundreds of hours assisting housing non-profits and will continue to do so.  Contractors have also been able and willing to provide licensed electricians, plumbers and HVAC workers when asked.  Licensed volunteers have, and will continue to answer the call to support their neighbors and communities.  This bill is unnecessary.
• Allowing unlicensed, unsupervised, volunteers with unknown knowledge and skill to construct homes will result in homes with unknown risks to those who will eventually live in that home with their families and children.  Significant risk to others involved in constructing the home should not be overlooked either.  Inspection does not guarantee that errors will be caught and corrected.  Public safety requires both robust licensing and inspection.  One must not be sacrificed.
• The term “non-profit organization” is not defined.  What standards will be applied for “non-profit organizations?”  Who determines if an organization is non-profit?  When is the determination made?  What proof is required?  How much discretion is given to what official?  This proposed exemption is expansive and could be abused. 
• “Volunteer” is also not defined.  Is this an individual who volunteers their labor for no pay, or does it include an individual who provides labor at reduced pay?  This could be abused. 
• Allowing unlicensed work presents public safety issues that cannot be set aside in an effort to assist struggling families.  Finally, all families deserve the safety and protection provided by licensing requirements.  Safety should not be a luxury provided only to those who can afford it.

DO THIS!   Time to use your voice.    Please alert get your members, apprentices, staff and contractors.  Ask them to send an email.   

The same Senate Committee will be hearing the bad Code bills discussed above.  You can use the same link to submit your comments on those bills.   Do this too!

Ugly Thing Two.

This showed up last week and would create serious problems.  Likely including a lawsuit as it is just a tad unconstitutional.

Our friend, Rep. Dixon, has proposed legislation to nullify federal rules the legislature finds distasteful.  https://legislature.idaho.gov/sessioninfo/2022/legislation/H0727/  As an attorney, I find this repugnant.  The bill gives the Idaho Legislature the authority to reject “Federal Actions” that they believe are outside the scope of authority or violate the Idaho Constitution.    Article VI of the US Constitution states that federal law is “the supreme law of the land.”   The Idaho Legislature does not get to decide what rules to follow.  This would include rules covering everything from OSHA to the Department of Labor and the NLRB.   I don’t want the Idaho Legislature deciding not to follow rules that protect workers.  And I especially don’t want them deciding a matter that should be left to courts.  Some in the Idaho Legislature don’t understand the law and others are openly contemptuous of  anything federal they don’t like.  There’s some real dim bulbs at the Statehouse and these are definitely NOT the people to be deciding.   The bill has been printed and has been assigned to House State Affairs.  Rep. Crane’s committee.  I’m working on getting more information on this piece of legislation.