House Amendment 8089


PAG LIN




     1  1    Amend House File 2390 as follows:
     1  2 #1.  Page 1, by inserting before line 1 the
     1  3 following:
     1  4    <Section 1.  2007 Iowa Acts, chapter 198, section
     1  5 6, subsection 2, is amended by striking the subsection
     1  6 and inserting in lieu thereof the following:
     1  7    2.  Examinations for the licenses which may be
     1  8 issued pursuant to this chapter shall be conducted at
     1  9 least two times per year at such times and locations
     1 10 as the department may fix in consultation with the
     1 11 board.  Applicants who fail to pass an examination
     1 12 shall be allowed to retake the examination at a future
     1 13 scheduled time.  Any subsequent opportunities to take
     1 14 the examination are available only at the discretion
     1 15 of the board.
     1 16    Sec     .  2007 Iowa Acts, chapter 198, section 6,
     1 17 is amended by adding the following new subsection:
     1 18    NEW SUBSECTION.  6.  The board shall adopt by rule
     1 19 a specific plumbing examination and a specific
     1 20 mechanical examination for each license type to be
     1 21 used for all plumbing and mechanical license
     1 22 examinations throughout the state.
     1 23    Sec.    .  2007 Iowa Acts, chapter 198, section 7,
     1 24 is amended by adding the following new subsection:
     1 25    NEW SUBSECTION.  7.  Allowing an applicant who has
     1 26 failed an examination to request information about the
     1 27 subject areas which the applicant failed to answer
     1 28 correctly.  An applicant shall not have access to
     1 29 actual test questions and answers.
     1 30    Sec.    .  2007 Iowa Acts, chapter 198, section 11,
     1 31 subsections 1 and 2, are amended to read as follows:
     1 32    1.  Apply to a person licensed as an engineer
     1 33 pursuant to chapter 542B, licensed as a manufactured
     1 34 home retailer or certified as a manufactured home
     1 35 installer pursuant to chapter 103A, registered as an
     1 36 architect pursuant to chapter 544A, or licensed as a
     1 37 landscape architect pursuant to chapter 544B who
     1 38 provides consultations or develops plans or other work
     1 39 concerning plumbing, HVAC, refrigeration, or hydronic
     1 40 work who is exclusively engaged in the practice of the
     1 41 person's profession.
     1 42    2.  Require employees of municipal corporations,
     1 43 electric membership or cooperative associations,
     1 44 public utility corporations, rural water associations
     1 45 or districts, railroads, or commercial retail or
     1 46 industrial companies performing manufacturing,
     1 47 installation, service, or repair work for such
     1 48 employer to hold licenses while acting within the
     1 49 scope of their employment.  This licensing exemption
     1 50 does not apply to employees of a rate=regulated gas or
     2  1 electric public utility which provides plumbing or
     2  2 mechanical services as part of a systematic marketing
     2  3 effort, as defined pursuant to section 476.80.
     2  4    Sec.    .  2007 Iowa Acts, chapter 198, section 11,
     2  5 is amended by adding the following new subsections:
     2  6    NEW SUBSECTION.  9.  Apply to a state employee
     2  7 performing routine maintenance, as defined by rule, on
     2  8 a mechanical system or plumbing system, which serves a
     2  9 state=owned facility while acting within the scope of
     2 10 the state employee's employment.
     2 11    NEW SUBSECTION.  10.  Apply to the employees of
     2 12 manufacturers, manufacturer representatives, or
     2 13 wholesale suppliers who provide consultation or
     2 14 develop plans concerning plumbing, HVAC,
     2 15 refrigeration, or hydronic work, or who assist a
     2 16 person licensed under this chapter in the installation
     2 17 of mechanical or plumbing systems.
     2 18    Sec.    .  2007 Iowa Acts, chapter 198, section 12,
     2 19 is amended by adding the following new unnumbered
     2 20 paragraph:
     2 21    NEW UNNUMBERED PARAGRAPH.  In addition to the
     2 22 certificate, the department shall provide each
     2 23 licensee with a wallet=sized licensing identification
     2 24 card.
     2 25    Sec.    .  2007 Iowa Acts, chapter 198, section 17,
     2 26 subsection 1, is amended to read as follows:
     2 27    1.  The provisions of this chapter regarding the
     2 28 licensing of plumbing, HVAC, refrigeration, and
     2 29 hydronic professionals and contractors shall supersede
     2 30 and preempt all plumbing, HVAC, refrigeration, or
     2 31 hydronic licensing provisions of all governmental
     2 32 subdivisions.  On and after the effective date of this
     2 33 Act
     2 34    a.  A governmental subdivision that issues licenses
     2 35 on July 1, 2008, shall continue to issue licenses
     2 36 until June 30, 2009.  On July 1, 2009, all plumbing
     2 37 and mechanical licensing provisions promulgated by any
     2 38 governmental subdivision shall be null and void,
     2 39 except reciprocal licenses as provided in section
     2 40 104C.21, and of no further force and effect, and.
     2 41    b.  On and after July 1, 2008, a governmental
     2 42 subdivision may shall not prohibit a plumbing, HVAC,
     2 43 refrigeration, or hydronic professional licensed
     2 44 pursuant to this chapter from performing services for
     2 45 which that person is licensed pursuant to this chapter
     2 46 or enforce any plumbing and mechanical licensing
     2 47 provisions promulgated by the governmental subdivision
     2 48 against a person licensed pursuant to this chapter.>
     2 49 #2.  Page 1, by inserting after line 10 the
     2 50 following:
     3  1    <Sec.    .  2007 Iowa Acts, chapter 198, section
     3  2 20, subsection 7, is amended by striking the
     3  3 subsection and inserting in lieu thereof the
     3  4 following:
     3  5    7.  The board shall, by rule, establish a
     3  6 reinstatement process for a licensee who allows a
     3  7 license to lapse for a period greater than one month,
     3  8 including reasonable penalties.>
     3  9 #3.  Page 1, by striking lines 16 and 17 and
     3 10 inserting the following:
     3 11    <Sec.     .  EFFECTIVE DATE.  2007 Iowa Acts,
     3 12 chapter 198, sections 5 through 27 and sections 30
     3 13 through 34, take effect July 1, 2008.
     3 14    Sec.     .  EFFECTIVE DATE.  2007 Iowa Acts,
     3 15 chapter 198, sections 28 and 29, take effect January
     3 16 1, 2009.>
     3 17 #4.  By renumbering as necessary.
     3 18
     3 19
     3 20                               
     3 21 QUIRK of Chickasaw
     3 22 HF 2390.503 82
     3 23 jr/rj/20606

                              -1-