House File 2390 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 2390
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE LICENSING AND REGULATION OF PLUMBERS AND
  1  5    MECHANICAL PROFESSIONALS AND PROVIDING EFFECTIVE DATES.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  2007 Iowa Acts, chapter 198, section 6,
  1 10 subsection 2, is amended by striking the subsection and
  1 11 inserting in lieu thereof the following:
  1 12    2.  Examinations for the licenses which may be issued
  1 13 pursuant to this chapter shall be conducted at least two times
  1 14 per year at such times and locations as the department may fix
  1 15 in consultation with the board.  Applicants who fail to pass
  1 16 an examination shall be allowed to retake the examination at a
  1 17 future scheduled time.  Any subsequent opportunities to take
  1 18 the examination are available only at the discretion of the
  1 19 board.
  1 20    Sec. 2.  2007 Iowa Acts, chapter 198, section 6, is amended
  1 21 by adding the following new subsection:
  1 22    NEW SUBSECTION.  6.  The board shall adopt by rule a
  1 23 specific plumbing examination and a specific mechanical
  1 24 examination for each license type to be used for all plumbing
  1 25 and mechanical license examinations throughout the state.
  1 26    Sec. 3.  2007 Iowa Acts, chapter 198, section 7, is amended
  1 27 by adding the following new subsection:
  1 28    NEW SUBSECTION.  7.  Allowing an applicant who has failed
  1 29 an examination to request information about the subject areas
  1 30 which the applicant failed to answer correctly.  An applicant
  1 31 shall not have access to actual test questions and answers.
  1 32    Sec. 4.  2007 Iowa Acts, chapter 198, section 11,
  1 33 subsections 1 and 2, are amended to read as follows:
  1 34    1.  Apply to a person licensed as an engineer pursuant to
  1 35 chapter 542B, licensed as a manufactured home retailer or
  2  1 certified as a manufactured home installer pursuant to chapter
  2  2 103A, registered as an architect pursuant to chapter 544A, or
  2  3 licensed as a landscape architect pursuant to chapter 544B who
  2  4 provides consultations or develops plans or other work
  2  5 concerning plumbing, HVAC, refrigeration, or hydronic work who
  2  6 is exclusively engaged in the practice of the person's
  2  7 profession.
  2  8    2.  Require employees of municipal corporations utilities,
  2  9 electric membership or cooperative associations, public
  2 10 utility corporations, rural water associations or districts,
  2 11 railroads, or commercial retail or industrial companies
  2 12 performing manufacturing, installation, service, or repair
  2 13 work for such employer to hold licenses while acting within
  2 14 the scope of their employment.  This licensing exemption does
  2 15 not apply to employees of a rate=regulated gas or electric
  2 16 public utility which provides plumbing or mechanical services
  2 17 as part of a systematic marketing effort, as defined pursuant
  2 18 to section 476.80.
  2 19    Sec. 5.  2007 Iowa Acts, chapter 198, section 11, is
  2 20 amended by adding the following new subsections:
  2 21    NEW SUBSECTION.  9.  Apply to an employee of any unit of
  2 22 state or local government, including but not limited to
  2 23 cities, counties, or school corporations, performing routine
  2 24 maintenance, as defined by rule, on a mechanical system or
  2 25 plumbing system, which serves a state=owned facility while
  2 26 acting within the scope of the state employee's employment.
  2 27    NEW SUBSECTION.  10.  Apply to the employees of
  2 28 manufacturers, manufacturer representatives, or wholesale
  2 29 suppliers who provide consultation or develop plans concerning
  2 30 plumbing, HVAC, refrigeration, or hydronic work, or who assist
  2 31 a person licensed under this chapter in the installation of
  2 32 mechanical or plumbing systems.
  2 33    Sec. 6.  2007 Iowa Acts, chapter 198, section 12, is
  2 34 amended by adding the following new unnumbered paragraph:
  2 35    NEW UNNUMBERED PARAGRAPH.  In addition to the certificate,
  3  1 the department shall provide each licensee with a wallet=sized
  3  2 licensing identification card.
  3  3    Sec. 7.  2007 Iowa Acts, chapter 198, section 17,
  3  4 subsection 1, is amended to read as follows:
  3  5    1.  The provisions of this chapter regarding the licensing
  3  6 of plumbing, HVAC, refrigeration, and hydronic professionals
  3  7 and contractors shall supersede and preempt all plumbing,
  3  8 HVAC, refrigeration, or hydronic licensing provisions of all
  3  9 governmental subdivisions.  On and after the effective date of
  3 10 this Act
  3 11    a.  A governmental subdivision that issues licenses on July
  3 12 1, 2008, shall continue to issue licenses until June 30, 2009.
  3 13 On July 1, 2009, all plumbing and mechanical licensing
  3 14 provisions promulgated by any governmental subdivision shall
  3 15 be null and void, except reciprocal licenses as provided in
  3 16 section 104C.21, and of no further force and effect, and.
  3 17    b.  On and after July 1, 2008, a governmental subdivision
  3 18 may shall not prohibit a plumbing, HVAC, refrigeration, or
  3 19 hydronic professional licensed pursuant to this chapter from
  3 20 performing services for which that person is licensed pursuant
  3 21 to this chapter or enforce any plumbing and mechanical
  3 22 licensing provisions promulgated by the governmental
  3 23 subdivision against a person licensed pursuant to this
  3 24 chapter.
  3 25    Sec. 8.  2007 Iowa Acts, chapter 198, section 18,
  3 26 subsection 2, paragraph b, subparagraph (3), is amended to
  3 27 read as follows:
  3 28    (3)  Provide the board with evidence of having completed at
  3 29 least four years of practical experience as an apprentice.
  3 30 Commencing January 1, 2010, the four years of practical
  3 31 experience required by this subparagraph must be an
  3 32 apprenticeship training program registered by the bureau of
  3 33 apprenticeship and training of the United States department of
  3 34 labor.
  3 35    Sec. 9.  2007 Iowa Acts, chapter 198, section 20,
  4  1 subsection 7, is amended by striking the subsection and
  4  2 inserting in lieu thereof the following:
  4  3    7.  The board shall, by rule, establish a reinstatement
  4  4 process for a licensee who allows a license to lapse for a
  4  5 period greater than one month, including reasonable penalties.
  4  6    Sec. 10.  2007 Iowa Acts, chapter 198, section 35, is
  4  7 repealed.
  4  8    Sec. 11.  EFFECTIVE DATE.  2007 Iowa Acts, chapter 198,
  4  9 sections 1 through 4, being deemed of immediate importance,
  4 10 take effect upon enactment of this Act.
  4 11    Sec. 12.  EFFECTIVE DATE.  2007 Iowa Acts, chapter 198,
  4 12 sections 5 through 27 and sections 30 through 34, take effect
  4 13 July 1, 2008.
  4 14    Sec. 13.  EFFECTIVE DATE.  2007 Iowa Acts, chapter 198,
  4 15 sections 28 and 29, take effect January 1, 2009.
  4 16
  4 17
  4 18                                                             
  4 19                               PATRICK J. MURPHY
  4 20                               Speaker of the House
  4 21
  4 22
  4 23                                                             
  4 24                               JOHN P. KIBBIE
  4 25                               President of the Senate
  4 26
  4 27    I hereby certify that this bill originated in the House and
  4 28 is known as House File 2390, Eighty=second General Assembly.
  4 29
  4 30
  4 31                                                             
  4 32                               MARK BRANDSGARD
  4 33                               Chief Clerk of the House
  4 34 Approved                , 2008
  4 35
  5  1
  5  2                            
  5  3 CHESTER J. CULVER
  5  4 Governor