Bill Text: IN HB1106 | 2013 | Regular Session | Introduced
Bill Title: Plumbing commission matters.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-01-08 - First reading: referred to Committee on Employment, Labor and Pensions [HB1106 Detail]
Download: Indiana-2013-HB1106-Introduced.html
Citations Affected: IC 25-28.5.
Synopsis: Plumbing commission matters. Requires the plumbing
commission (commission) to approve a continuing professional
education (CPE) program for persons who hold licenses as a plumbing
contractor or a journeyman plumber, or both. Requires the commission
to adopt rules to establish criteria for CPE. Requires a person subject
to the CPE requirement to complete at least two hours of CPE every
two years. Provides that: (1) compliance with the CPE requirement may
be documented only on the plumbing contractor license if a person
holds both a plumbing contractor and a journeyman plumber license;
and (2) a person may receive CPE credit or renew a license only if
certain criteria are met. Allows the commission, by rule, to exempt
certain persons if the commission determines that the exemption is in
the public interest. Establishes the plumbing compliance fund (fund).
Provides that: (1) the fund shall be administered by the professional
licensing agency (agency); (2) administration expenses of the fund
shall be paid from the money in the fund; and (3) the fund consists of
penalties for certain violations and money deposited from the plumbers
recovery fund. Provides that the agency may enter into a memorandum
of understanding with the attorney general providing for use of money
from the fund for enforcement actions conducted by the attorney
general. Requires that: (1) the agency and the attorney general annually
submit to the commission any memorandum of understanding entered
into for review; and (2) 50% of the balance in the plumbers recovery
fund be deposited in the plumbing compliance fund on June 29 of
every odd-numbered year.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Employment, Labor and
Pensions.
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(b) The commission shall adopt rules under IC 4-22-2 to establish criteria for continuing professional education under this section. The rules may include provisions that:
(1) allow courses to have commercial sponsors;
(2) disallow the promotion in curricula of products or services of any particular firm or manufacturer;
(3) allow courses to be conducted by correspondence or home study; and
(4) concern any other factors the commission considers pertinent.
(c) A person who holds a license as a plumbing contractor or a
journeyman plumber, or both, under this article must complete at
least two (2) hours of continuing professional education during a
two (2) year cycle as determined by the commission.
(d) A person who holds both a plumbing contractor license and
a journeyman plumber license must show compliance with
subsection (c) on the plumbing contractor license only.
(e) A person may receive credit for a continuing professional
education program or course only if the following criteria are met:
(1) The continuing professional education provider is
approved by the commission.
(2) The provider provides continuing professional education
in accordance with rules adopted by the commission.
(3) The program or course attended is consistent with
instruction in the areas of health protection, energy
conservation, job safety, code requirements, and water
conservation relevant to contracts, inspections, heating, air
conditioning, or fire sprinkler systems. Instruction subjects
may include:
(A) technical and practical aspects of the analysis of plans
and specifications;
(B) estimating costs;
(C) fundamentals of installation and design, equipment,
duct and pipe sealing, and National Fire Prevention
Association (NFPA) code requirements;
(D) fire hazards; and
(E) plumbing or heating contract matters, such as:
(i) engaging in business as a plumbing, heating, fuel
piping, or fire sprinkler contractor, including customer
relations;
(ii) bid and contract preparation;
(iii) business ethics;
(iv) taxation;
(v) payroll; and
(vi) cash management.
(f) A license issued under this article may not be renewed unless
the applicant:
(1) verifies compliance with subsection (c) on the license
renewal application; or
(2) provides documentation of courses completed under this
section, including the name, number, content, and teacher of
each course.
Falsification or misstatement of information required to be
documented under this subsection is grounds for disciplinary
action, including denial to renew, revocation, or suspension of a
license.
(g) If the commission determines that the exemption is in the
public interest, the commission may by rule exempt certain persons
from the requirements of this section.
(1) IC 25-1-11;
(2) IC 25-1-7-14; and
(3) this article.
The fund shall be administered by the Indiana professional licensing agency. (b) The expenses of administering the fund shall be paid from the money in the fund.
(c) The fund consists of the following:
(1) Penalties imposed by the commission or the attorney general for a violation of IC 25-1-11 or this article.
(2) Money deposited in the fund from the plumbers recovery fund under section 2(e) of this chapter.
(3) Penalties imposed under IC 25-1-4-5.
(d) Money in the fund does not revert at the end of the year to the state general fund.
(e) The Indiana professional licensing agency and the attorney general may enter into a memorandum of understanding providing for the use of money from the fund for investigations and enforcement actions conducted by the attorney general.
(f) The attorney general and the Indiana professional licensing agency shall annually submit any memorandum of understanding entered into under subsection (e) to the commission for review.
STEP ONE: Determine the amount remaining in the fund on June 30 of the current year after all expenses and claims have been paid.
STEP TWO: Add to the amount determined under STEP ONE the amount of revenue estimated from the fee assessed under section 2.1 of this chapter from July 1 of the current year through June 30 of the next year.
STEP THREE: Subtract the amount determined under STEP TWO from four hundred thousand dollars ($400,000).
STEP FOUR: Determine the number of plumbing contractors who had licenses in effect on June 30 of the current year.
STEP FIVE: Divide the number determined under STEP THREE by the number determined under STEP FOUR.
(b) The plumbing commission shall assess the surcharge described in subsection (a) against each plumbing contractor who:
(1) receives an initial license; or
(2) receives a renewal license.
(c) The plumbing commission shall assess the surcharge described in subsection (a) for the two (2) year period beginning on July 1 of the current year through June 30 of the next odd-numbered year.
(d) The surcharge assessed under this section is in addition to any other fee under this article.
(e) On June 29 of every odd-numbered year, fifty percent (50%) of the balance in the plumbers recovery fund shall be deposited in the plumbing compliance fund established by section 1.1 of this chapter.
