House Bill H0118

2015 Freedom Index Score: (-3)

Analyst: Parrish Miller
Date of analysis: February 15, 2015

ANALYST'S NOTE: House Bill 118 is a somewhat lengthy bill dealing with the potential for damage
caused by digging near underground facilities. The bill eliminates what the statement of purpose
describes as "an ineffective method of compliance based on court actions" and replaces it with a new
government regulatory board. Instead of allowing the issue of property damage to be heard in court and
civil penalties to be assessed, the size and scope of government will be increased.

Point No. 1 Does it create, expand, or enlarge any agency, board, program, function, or activity of
government? Conversely, does it eliminate or curtail the size or scope of government?
ANALYSIS: House Bill 118 creates the "Damage Prevention Board" which will be housed at the
Division of Building Safety. This board is given the power, among other things, to assess civil
penalties up to $10,000 "for each separate violation" under specified circumstances. (-1)

Point No. 3 Does it give government any new, additional, or expanded power to prohibit, restrict, or
regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in
the market?
ANALYSIS: House Bill 118 also creates a new subsection under Section 55-2208, Idaho Code,
(which is currently Section 55-2206, Idaho Code) which mandates reporting of data to the board.
"Underground facility owners and excavators who observe, suffer or cause damage to an
underground facility or observe, suffer or cause excavator downtime related to a failure of one
(1) or more stakeholders to comply with applicable damage prevention regulations shall report
such information to the board in accordance with the rules promulgated by the board."
[Emphasis added.] This mandate applies not only to those involved in causing or suffering
damage, but to those who merely observe such activity. (-1)

Point No. 4 Does it increase barriers to entry into the market? Examples include occupational
licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers
to entry into the market?
ANALYSIS: House Bill 118 modifies Section 54-1009, Idaho Code, to declare that the
administrator of the division of building safety may revoke or suspend the license of anyone
who has "violated the provisions of chapter 22, title 55, Idaho Code, as specifically set forth in
section 55-2211, Idaho Code." Section 55-2211, Idaho Code, does not currently exist, but is
being created by House Bill 118. (-1)