House Bill No. 598

Introduced By trexler, simon, tuss, ewer, squires, stovall, prouse, bitney, masolo, tropila, pavlovich, gillan, krenzler, marshall, barnett, bookout-reinicke, devaney, sliter, lawson

A Bill for an Act entitled: An Act generally revising the laws governing professional and occupational licensing; providing appropriations to fund compliance and enforcement positions for certain professional and occupational licensure boards; allowing departmental rules to provide for variation from annual license renewal periods; amending sections 23-3-501, 27-6-206, 37-3-301, 37-3-313, 37-4-307, 37-4-326, 37-4-406, 37-6-304, 37-7-303, 37-7-321, 37-7-606, 37-7-703, 37-8-431, 37-9-304, 37-9-305, 37-10-307, 37-11-308, 37-12-307, 37-13-306, 37-14-310, 37-16-407, 37-18-307, 37-19-301, 37-19-304, 37-19-306, 37-20-203, 37-20-302, 37-23-203, 37-23-205, 37-25-307, 37-27-205, 37-29-304, 37-29-306, 37-30-310, 37-30-423, 37-30-424, 37-31-302, 37-32-305, 37-40-203, 37-40-304, 37-50-203, 37-50-314, 37-50-317, 37-51-310, 37-51-603, 37-65-306, 37-66-307, 37-68-307, 37-68-310, 37-69-307, 37-72-306, 50-39-102, 50-74-313, and 50-76-105, MCA; and providing an effective date.

WHEREAS, the Legislature finds that delays in licensing board responses to complaints of misconduct by licensees and unlicensed practice that result in frustration on behalf of the public, licensees, and boards is caused by a lack of personnel to assist with compliance issues; and

WHEREAS, licensing boards collect and accumulate sufficient funds from the fees charged to licensees to meet the cost of compliance and enforcement personnel, but these same boards often lack the authority to expend the funds that they collect; and

WHEREAS, the delayed processing and the accumulating complaint backlog have a deleterious effect on the productivity and reputation of the licensees; and

WHEREAS, the Legislature finds that certain licensing boards need to be granted temporary spending authority to address the delayed processing and accumulated complaint backlog; and

WHEREAS, a uniformly flexible approach to license renewal scheduling would also reduce frustration on the part of licensees and the public that they serve; and

WHEREAS, inflexible examination dates for license applicants in the plumbing and electrical fields have caused undue hardship with no discernable public benefit; and

WHEREAS, the Committee on Business and Labor desires to alleviate these and other related problems by appropriating funds for certain professional and occupational boards that need additional compliance specialists, by allowing the Department of Commerce to establish license renewal dates by rule, and by allowing electrical and plumbing apprentices to take the examination required for licensure before the apprenticeships expire.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Appropriation. (1) There is appropriated to the department of commerce for fiscal years 1998 and 1999 the amount specified in subsection (3). The amounts appropriated are for the purpose of hiring investigators, attorneys, and support staff whose services will be devoted to processing complaints and ensuring compliance with state laws and administrative rules promulgated by the boards identified in subsection (3). The appropriated funds are intended to assist boards to fulfill the duties set forth in 37-1-131 and must be appropriated from the accounts in the state special revenue fund into which fees from certain licensees are deposited.

(2) The appropriations in subsection (3) are contingent on the availability of funds as specified in subsection (3) on or after [the effective date of this act].

(3) Funds are appropriated for the purposes outlined in subsection (1) in the following amounts and for the specified boards as follows:

(a) up to $144,126 from money deposited in the state special revenue fund pursuant to 37-51-208. The appropriation may be used only for an investigator and an administrative support position for the board of realty regulation provided for in 2-15-1867;

(b) up to $144,126 from money deposited in the state special revenue fund pursuant to 37-68-313 and 37-69-308, in proportions determined by the department. The appropriation may be used only for an investigator and administrative support to be shared by the state electrical board provided for in 2-15-1874 and the board of plumbers established in 2-15-1875;

(c) up to $175,510 from money deposited in the state special revenue fund pursuant to 37-8-432. The appropriation may be used only for an attorney and a nurse, both of whom will serve as compliance officers for the board of nursing provided for in 2-15-1844;

(d) up to $94,464 from money deposited in the state special revenue fund pursuant to 37-3-314. The appropriation may be used only for an attorney for the board of medical examiners provided for in 2-15-1841;

(e) up to $87,046 from money deposited in the state special revenue fund pursuant to 37-67-317. The appropriation may be used only for an investigator for the board of professional engineers and land surveyors provided for in 2-15-1873; and

(f) up to $184,816 from the pooled funds provided to the department by the boards in accordance with the provisions of 37-1-131. The appropriation may be used only for an investigator and an attorney for the purpose of fulfilling the of the department of commerce duties under 37-1-101.

(4) The appropriations in subsection (3) are biennial appropriations.

(5) The positions funded in this section must be shown as new proposals in the executive budget presented to the 56th legislature.

Section 2.  Section 23-3-501, MCA, is amended to read:

"23-3-501.  Licenses -- fees. (1) The board may issue an annual a renewable license to a professional or semiprofessional boxing or wrestling promoter, whether an individual or organization, for the sole purpose of conducting professional or semiprofessional matches or exhibitions.

(2)  The board may issue annual renewable licenses to qualified referees, managers, boxers, wrestlers, seconds, trainers, and judges.

(3) A license issued in accordance with subsections (1) and (2) expires on the date set by department rule and may be renewed upon payment of a fee set by the board.

(3)(4)  Each application for an original a license under this section or renewal of a license must be accompanied by a fee set by the board, commensurate with costs related to the particular license as provided in 37-1-134."

Section 3.  Section 27-6-206, MCA, is amended to read:

"27-6-206.  Funding. (1) There is a pretrial review fund to be administered by the director exclusively for the purposes stated in this chapter. The fund and any income from it must be held in trust, deposited in an account, and invested and reinvested by the director with the prior approval of the director of the Montana medical association. The fund may not become a part of or revert to the general fund of this state but is open to auditing by the legislative auditor.

(2)  To create the fund, an annual a surcharge must be levied on all health care providers. The amount of the assessment must be set annually by the director and must be apportioned among physicians, dentists, hospitals, and other health care providers by group. For the group of all physicians, the group of all dentists, the group of all hospitals, and the group of all other health care facilities, the amount of the assessment must be proportionate to the respective percentage of total health care providers brought before the panel that each group constitutes. The total number and group of health care providers brought before the panel must be determined from the annual report of the panel for the years preceding the year of assessment. The amount of the assessment for the group of all hospitals must be proportionately assessed against each hospital on the basis of each hospital's total number of licensed hospital beds, whether used or not, as reflected in the most recent compilation of the department of public health and human services. The amount of the assessment for the group of all physicians must be equally assessed against all physicians. The amount of the assessment for the group of all dentists must be equally assessed against all dentists. The amount of the assessment for the group of all other health care facilities must be equally assessed against all other health care facilities. Surplus funds, if any, above the amount required for the annual administration of the chapter must be retained by the director and used to finance the administration of this chapter in succeeding years, in which event the director shall reduce the annual assessment in subsequent years, commensurate with the proper administration of this chapter.

(3)  The annual surcharge must be assessed on an annual basis and must be paid on or before the date that physicians' and dentists' annual registration or renewal fees are due under 37-3-313 and 37-4-307. All unpaid assessments bear a late charge fee equal to the judgment rate of interest. The late charge fee is part of the annual surcharge. The director has the same powers and duties in connection with the collection of and failure to pay the annual surcharge as the department of commerce has under 37-3-313 and 37-4-307 in connection with physicians' and dentists' annual registration or renewal fees."

Section 4.  Section 37-3-301, MCA, is amended to read:

"37-3-301.  License required -- kinds of certificates. (1) Prior to the issuance of Before being issued a license, an applicant may not engage in the practice of medicine in this state.

(2)  The department may issue three forms of certificates of licensure under the board's seal: the physician's certificate, the restricted certificate, and the temporary certificate. The physician's certificate and the restricted certificate must be signed by the president, but the temporary certificate may be signed by any board member. The board shall decide which certificate to issue. These certificates must be designated as:

(a)  physician's certificate, which is subject to annual renewable registration in accordance with department rules;

(b)  restricted certificate; and

(c)  temporary certificate, which is subject to specifications and limitations imposed by the board."

Section 5.  Section 37-3-313, MCA, is amended to read:

"37-3-313.  Annual registration Registration fees -- failure to pay -- limiting authority to impose registration fees. (1) In addition to the license fees required of applicants, a licensed physician actively practicing medicine in this state shall pay each year to the department an annual a registration fee as prescribed by the board.

(2)  The annual payments for registration must be made prior to April 1, the expiration date of the registration, as set forth in a department rule, and a receipt acknowledging payment of the annual registration fee must be issued by the department. The department shall mail registration notices at least 60 days before the registration is due.

(3)  In case of default in the payment of the annual registration fee by a person licensed to practice medicine who is actively practicing medicine in this state, the underlying certificate to practice medicine may be revoked by the board on 30 days' notice given to the delinquent of the time and place of considering the revocation. A registered or certified letter addressed to the last-known address of the person failing to comply with the requirements of annual registration, as the address appears on the records of the department, constitutes sufficient notice of intention to revoke the underlying certificate. A certificate may not be revoked for nonpayment if the person authorized to practice medicine, and notified, pays the annual registration fee before or at the time fixed for consideration of revocation, together with a delinquency penalty prescribed by the board. The department may collect the dues by an action at law.

(4)  A registration or license fee may not be imposed on a licensee under this chapter by a municipality or any other subdivision of the state."

Section 6.  Section 37-4-307, MCA, is amended to read:

"37-4-307.   Annual renewal Renewal fee -- default -- local fees prohibited. (1) Every licensed dentist shall pay each year a renewal fee to the board. The renewal fee must be set by the board commensurate with costs. Notice of the change in the amount of renewal fees must be given to each dentist registered in this state by the department.

(2)  Payment of the annual renewal fee must be made each year on or before the license expiration date set by department rule, and a license renewal must be issued by the department. A reasonable late fee must be required by the department if the annual renewal fee is not timely paid in a timely manner.

(3)  (a) In case of default in payment of the annual renewal fee by a licensee, the license must be revoked by the board. The board shall give the licensee 30 days' notice of its proposed revocation action. The notice must be sent by certified letter addressed to the last-known address of the licensee and must contain a statement of the time and place of the meeting at which the revocation will be considered.

(b)  If the licensee pays the renewal fee, plus a reasonable late fee set by the board, prior to the time set for revocation, the license may not be revoked.

(c)  A license revoked for nonpayment of the renewal fee may be reinstated within 5 years of revocation if:

(i)  renewal fees are paid for each year renewal period they were unpaid, plus a late penalty fee for each year renewal period;

(ii) the applicant produces evidence, satisfactory to the board, of good standing with the dentistry regulatory agencies of any jurisdiction in which the applicant has engaged in the active practice of dentistry since the last payment of a renewal fee under this chapter; and

(iii) the applicant produces evidence, satisfactory to the board, of good character and competence.

(4)  Each dentist shall give the board notice of any change in name, address, or status within 30 days of the change.

(5)  A unit of local government, including those exercising self-government powers, may not impose a license fee on a dentist licensed under this chapter."

Section 7.  Section 37-4-326, MCA, is amended to read:

"37-4-326.  Acts constituting misdemeanors. Any A person, company, or association shall be is guilty of a misdemeanor and upon conviction thereof shall be punishable shall be punished with a fine of not less than $50 or more than $200 or by imprisonment for not more than 6 months in the county jail or by both such fine and imprisonment who shall if the person, company, or association:

(1)  sell or barter or offer to sell or barter any sells, barters, or offers to sell or barter a diploma or document conferring or purporting to confer any dental degree or any certificate or transcript made or purporting to be made pursuant to the laws regulating the license and regulation of dentists;

(2)  purchase or procure by barter any such purchases or procures by barter a diploma, certificate, or transcript with the intent that the same shall be used of using the diploma, certificate, or transcript as evidence of the holder's qualification to practice dentistry or in fraud of the laws regulating such dental practice;

(3)  with fraudulent intent, alter in a material regard any such a diploma, certificate, or transcript;

(4)  use or attempt to use any such a diploma, certificate, or transcript which that has been purchased, fraudulently issued, counterfeited, or materially altered, either as a license or color of license to practice dentistry or in order to procure registration as a dentist;

(5)  practice dentistry under a false or assumed name;

(6)  in an affidavit required of an applicant for examination, license, or registration under this chapter, willfully make a false statement in a material regard;

(7)  engage in the practice of dentistry under any title or name without causing to be displayed in a conspicuous manner and in a conspicuous place in his or her the office the required annual registration certificate for the current year period of licensed practice; or

(8)  within 10 days after demand made by the secretary of the board, fail to furnish to said the board the names and addresses of all persons practicing or assisting in the practice of dentistry in the office of said the person, company, or association at any time within 60 days prior to said the notice, together with a sworn statement showing under and by what license or authority said the person, company, or association and said the employee are and have been practicing dentistry, but said the affidavit shall may not be used as evidence against said the person, company, or association in any proceeding under this section."

Section 8.  Section 37-4-406, MCA, is amended to read:

"37-4-406.  Annual renewal Renewal fee -- default -- revocation of license -- local fees prohibited. (1) Each licensed dental hygienist shall pay each year a renewal fee to the board. The renewal fee must be set by the board commensurate with costs.

(2)  Payment of the annual renewal fee must be made on or before the license expiration date set by department rule, and a license renewal must be issued by the department. A reasonable late fee must be required if the annual renewal fee is not timely paid in a timely manner.

(3)  In case of default in payment of the renewal fee by any licensee, the board must revoke the license.

(a)  The board shall give the licensee 30 days' notice of its proposed revocation action. The notice must be sent by certified mail to the last-known address of the licensee and must contain a statement of the time and place of the meeting at which the revocation will be considered.

(b)  The payment of the renewal fee on or before the time set for revocation, with a reasonable late fee set by the board, excuses the default.

(c)  A license revoked for nonpayment of the renewal fee may be reinstated within 5 years of revocation if:

(i)  renewal fees are paid for each year period they were unpaid, plus a late penalty for each year period;

(ii) the applicant produces evidence, satisfactory to the board, of good standing with the dental hygiene regulatory agencies of any jurisdiction in which the applicant has engaged in the active practice of dental hygiene since the last payment of a renewal fee under this chapter; and

(iii) the applicant produces evidence, satisfactory to the board, of good character and competence.

(4)  Each dental hygienist shall give the board notice of any change in name, address, or status within 30 days of the change.

(5)  The board may, after a hearing, revoke or suspend the license of a dental hygienist for violating this chapter.

(6)  A unit of local government, including those exercising self-government powers, may not impose a license fee on a dental hygienist licensed under this chapter."

Section 9.  Section 37-6-304, MCA, is amended to read:

"37-6-304.  Designations on license -- recording -- renewal -- display. (1) A license issued under this chapter is designated as a "registered podiatrist's license" or a "temporary podiatrist's license".

(2)  Licenses must be recorded by the department the same as other medical licenses.

(3)  Licenses must be renewed annually, on a date set by the department rule.

(4)  A license renewal fee set by the board must be paid annually on a date set by the department rule.

(5)  The department shall mail renewal notices no later than 60 days prior to the annual renewal date.

(6)  If the annual renewal fee is not paid on or before the renewal date, the board may revoke the licensee's certificate after giving 30 days' notice to the licensee. A certified letter addressed to the delinquent licensee's last-known address as it appears on the records of the department constitutes notice of intent to revoke the certificate. A certificate may not be revoked for nonpayment of a renewal fee if the licensee pays the annual renewal fee plus a penalty prescribed by the board on or before the date fixed for revocation.

(7)  A license revoked for nonpayment of the annual renewal fee may be reissued only on original application and payment of an additional fee prescribed by the board.

(8)  Licenses must be conspicuously displayed by podiatrists at their offices or other places of practice."

Section 10.  Section 37-7-303, MCA, is amended to read:

"37-7-303.  Annual renewal Renewal fee. A person licensed and registered by the department shall annually pay to the department on or before the license expiration date set by department rule a renewal of registration fee prescribed by the board. A default in the payment of a renewal fee after the date it is due increases the renewal fee as prescribed by the board. It is unlawful for a person who refuses or fails to pay the renewal fee to practice pharmacy in this state. A certificate and renewal expires at the time prescribed, not later than 1 year from its date by department rule. A defaulter in a renewal fee may be reinstated within 1 year of the default without examination on payment of the arrears and compliance with other requirements prescribed by law."

Section 11.  Section 37-7-321, MCA, is amended to read:

"37-7-321.  Certified pharmacy license. (1) The board shall provide for the original certification and annual renewal by the department of every pharmacy doing business in this state. On presentation of evidence satisfactory to the board and on application on a form prescribed by the board and on the payment of an original certification fee prescribed by the board, the department shall issue a license to a pharmacy as a certified pharmacy. However, the license may be granted only to pharmacies operated by registered pharmacists qualified under this chapter. The annual renewal fee for a pharmacy must be set by the board. Any default in the payment of the renewal fee after the date the same fee is due increases the renewal fee as prescribed by the board. The license must be displayed in a conspicuous place in the pharmacy for which it is issued and expires on the date set by department rule. It is unlawful for a person to conduct a pharmacy, use the word "pharmacy" to identify the business, or use the word "pharmacy" in advertising unless a license has been issued and is in effect.

(2)  The board may impose discipline or deny or refuse to renew a pharmacy license for reasons specified in and subject to conditions specified in Title 37, chapter 1."

Section 12.  Section 37-7-606, MCA, is amended to read:

"37-7-606.  Issuance of licenses. The license for wholesale drug distributors is effective during the 12-month period specified by department rule. An application for renewal of a license must be mailed to each licensee at least 30 days prior to the renewal date, and if the renewal application and the fee are not mailed by the renewal date, the license is void upon its expiration date."

Section 13.  Section 37-7-703, MCA, is amended to read:

"37-7-703.  Registration requirements. Each out-of-state mail service pharmacy must be registered with the board of pharmacy. In order to be registered with the board to do business in this state and for annual the renewal of its registration, an out-of-state mail service pharmacy:

(1)  (a) shall submit a certificate from the appropriate licensing authority with which it is currently licensed and in good standing in the state in which its dispensing facilities are located; and

(b)  shall comply with all applicable laws, regulations, and standards of that state and the United States and, if requested by the board, provide evidence that it has so complied;

(2)  shall register with the board and provide information on ownership and location, including the names and titles of the corporate officers, of the out-of-state mail service pharmacy and the identity of a pharmacist licensed in the state in which the pharmacy is located who is in charge of dispensing prescriptions for shipment to Montana from the out-of-state mail service pharmacy;

(3)  shall submit a utilization plan for the employment of pharmacy technicians if allowed by the state where the mail service pharmacy is located. If the state in which the pharmacy is located does not establish a ratio of technicians to pharmacists for determining the number of pharmacy technicians or otherwise define the role of the pharmacist in compounding or dispensing drugs at the pharmacy, then the out-of-state mail service pharmacy may not allow a pharmacist to supervise more than one supportive person at any one time in the compounding or dispensing of prescription drugs, unless approved by the board as provided in 37-7-307 through 37-7-309.

(4)  shall submit to the board proof of the pharmacist's good standing with the licensing authority in the state where the pharmacist is employed and the pharmacist's written commitment to comply with the utilization plan, if any, for each pharmacist identified under subsection (2) and shall provide to the board the same toll-free telephone service referenced in 37-7-706 in order to comply with all information requests by the board; and

(5)  shall pay an initial registration fee and annual a periodic renewal fee in an amount to be determined by the board and at a time established by the department by rule."

Section 14.  Section 37-8-431, MCA, is amended to read:

"37-8-431.  Renewal of license. (1) The license of a person licensed under this chapter must be annually renewed on the date set by department rule. At least 30 days prior to the renewal date, the department shall mail an application form for renewal of license to each person to whom a license was issued or renewed during the year. The applicant shall carefully complete and subscribe the application form and return it to the department with a renewal fee prescribed by the board on or before the renewal date.

(2)  The board may increase or decrease the annual license fee so as to maintain in the state special revenue fund at all times an adequate amount to be used for the purpose of administering, policing, and enforcing the provisions of Title 37, chapter 1, and this chapter. On receipt of the application and fee, the department shall verify the accuracy of the application against its record and from other sources the board considers reliable and issue to the applicant a certificate of renewal. The certificate of renewal renders the holder a legal practitioner of nursing for the period stated in the certificate of renewal.

(3)  A licensee who allows the license to lapse by failing to renew the license may be reinstated by the board on satisfactory explanation for the failure to renew license and on payment of the current renewal fee prescribed by the board.

(4)  A person practicing nursing during the time following the date the license has expired is an illegal practitioner and is subject to the penalties provided for violations of this chapter.

(5)  The board may establish a reasonable late fee for licensees who fail to renew their license by the renewal date."

Section 15.  Section 37-9-304, MCA, is amended to read:

"37-9-304.  Fees. (1) Each person who applies for licensure, whether by waiver, examination, or reciprocation, shall pay a fee prescribed by the board at the time of application.

(2)  Each person licensed as a nursing home administrator shall pay a license fee in an amount fixed by the board. A license expires each year on a date set by department rule and must be renewable annually renewed upon timely payment of the license fee.

(3)  The fee for issuing a duplicate license must be fixed by the board."

Section 16.  Section 37-9-305, MCA, is amended to read:

"37-9-305.  Renewal of registration and license. Each holder of a nursing home administrator's registration and license shall renew it annually by payment of the required fee for the next subsequent year period prior to the expiration date of the currently valid registration and license. Renewals of registrations or licenses must be granted as a matter of course. However, if the board finds, after due notice and hearing, that the applicant has acted or failed to act in a manner or under circumstances that would constitute grounds for discipline, it may not issue the renewal."

Section 17.  Section 37-10-307, MCA, is amended to read:

"37-10-307.  Annual renewal Renewal -- fee. A registered optometrist who desires to continue the practice of optometry in this state shall, before the license expiration date established by rule of the department, annually pay to the department a renewal fee prescribed by the board in return for which a renewal of registration shall must be issued. If a person fails or neglects to procure his annual a renewal of registration, his the person's certificate of registration shall must be revoked by the board; however. However, no a certificate of registration may not be revoked without 90 days' notice having been given to the delinquent, who within this period may renew his the certificate of registration on the payment of the renewal fee with a penalty prescribed by the board."

Section 18.  Section 37-11-308, MCA, is amended to read:

"37-11-308.  Annual renewal Renewal of license -- fee. A licensed physical therapist and a licensed physical therapist assistant shall, on or before the date set by department rule, apply to the department for a license renewal and pay a fee set by board rule. A license that is not renewed before the renewal date automatically lapses. The board may, in its discretion, revive and renew a lapsed license on the payment of all past unpaid renewal fees or a late renewal fee."

Section 19.  Section 37-12-307, MCA, is amended to read:

"37-12-307.  Annual renewal Renewal of license -- fees. A license expires on the date set by department rule and must be renewed by the department on payment of a renewal fee, as set by the board, and the presentation of evidence satisfactory to the board that the licensee qualifies for renewal. All applicants for renewal who have not paid the renewal fee on or before the renewal date shall pay an additional late fee prescribed by the board."

Section 20.  Section 37-13-306, MCA, is amended to read:

"37-13-306.  Annual renewal Renewal -- fee -- military exemption. (1) The license to practice acupuncture must be renewed annually, on a date set by the department, without examination and upon request of the licensee. The request for renewal must be on forms prescribed by the board and accompanied by a renewal fee prescribed by the board. The request and fee must be in the hands of the secretary of the board not later than the expiration date of the license.

(2)  Immediately following the renewal date, the secretary shall notify all licensees from whom requests for renewal, accompanied by the renewal fee, have not been received that their licenses have expired and that they will be cancelled and revoked upon the records of the board unless a request for renewal and reinstatement, accompanied by the renewal fee and an additional fee prescribed by the board, is in the hands of the secretary within 30 days of the renewal date.

(3)  If the licensee fails to renew within 30 days following the renewal date, the secretary of the board shall cancel and revoke upon its the board's records all licenses that have not been renewed or reinstated as provided by this chapter and shall notify the licensees whose licenses are revoked of the action.

(4)  A licensee who allows the license to lapse by failing to renew or reinstate the license as provided in this section may subsequently reinstate the license upon good cause shown to the satisfaction of the board and upon payment of all annual renewal fees then accrued plus an additional fee prescribed by the board for each year renewal period following the cancelling of the license.

(5)  A person actively engaged in the military service of the United States and licensed to practice acupuncture as provided in this part is not required to pay the annual renewal fee or make application for renewal until the renewal date of the calendar year period in which the person returns from military service to civilian or inactive status."

Section 21.  Section 37-14-310, MCA, is amended to read:

"37-14-310.  Annual renewal Renewal -- fee -- reissuance of license. (1) Licenses expire annually on the date established by rule of the department.

(2)  A license shall must be renewed by the board upon payment of a license fee set by the board and submission of a renewal application containing such information as that the board considers necessary to show that the applicant for renewal is a radiologic technologist in good standing.

(3)  A radiologic technologist who has been licensed in Montana and whose license has not been revoked or suspended and who has temporarily ceased activities as a radiologic technologist for not more than 5 years may apply for reissuance of a license upon complying with the provisions of this section, including payment of an application fee."

Section 22.  Section 37-16-407, MCA, is amended to read:

"37-16-407.  Renewal of license -- fee -- inactive status. (1) A person who practices the fitting of hearing aids and related devices shall annually pay to the department a fee as set by the board for a renewal of the person's license. The fee must be fixed by the board to be commensurate with board costs in administering licensure and related board functions. The fee must be increased 10% for each month or major portion of a month that the payment of the renewal fee is delayed after the expiration date. The maximum fee for a delayed renewal may not exceed twice the normal renewal fee as set by the board. A person applying for renewal whose license was suspended for failure to renew is required to submit to the examinations described in 37-16-403 as a condition of renewal for a 3-year period after suspension.

(2)  Each applicant for license renewal shall submit evidence showing completion of 10 hours of continuing education completed during the preceding 12 months. The requirements of the continuing education programs are to be determined by the board by rule.

(3)  (a) The board may set standards and fees for issuing licenses that designate inactive status.

(b)  An inactive licensee may be reinstated to active practice if the inactive licensee:

(i)  applies for reinstatement;

(ii) pays a fee set by the board; and

(iii) produces proof satisfactory to the board of completion of the continuing education requirements established by the board."

Section 23.  Section 37-18-307, MCA, is amended to read:

"37-18-307.  Renewal -- fee -- continuing education -- automatic renewal for military personnel. (1) A person licensed to practice veterinary medicine in this state shall procure a certificate of registration from the department annually on or before the date set by department rule. The certificate must be issued by the department on the payment of a fee fixed by the board and on presentation of evidence satisfactory to the board that the licensee qualifies for renewal.

(2)  Failure of a person licensed to procure a certificate of registration on or before the date set by department rule constitutes a forfeiture of the license held by the person. A person who has forfeited the license may have it restored by making written application for restoration within 1 year of the forfeiture, setting forth the reasons for failure to procure the certificate of registration at the time specified and accompanied by payment of the registration fee provided for in this section and an additional restoration fee as the board requires. The person making application for restoration of license within 1 year of its forfeiture is not required to submit to examination.

(3)  Notwithstanding any other provisions in this chapter, a person licensed who enters or is called to active duty by a branch of the armed services of the United States is entitled to receive automatic registration of the license during the period of active duty with the armed services. However, within 1 year after release or discharge from duty in the armed services the person shall procure a certificate of renewal from the department and pay the regular fee. Failure to procure the certificate of renewal within 1 year after release or discharge is the equivalent of a failure to procure a certificate of registration before November 1 of any year the date set by department rule, and the same forfeiture and restoration requirements apply.

(4)  A person licensed shall must at all times have the person's residence and office address on file with the department."

Section 24.  Section 37-19-301, MCA, is amended to read:

"37-19-301.  Funeral director's license -- renewal -- fee. The practice of funeral directing by anyone who does not hold a funeral director's license or a mortician's license issued by the department is prohibited. A person licensed to practice funeral directing on June 1, 1963, is entitled to an annual the renewal of the license on payment of a renewal fee to the department on or before the date set by department rule. The amount of the annual renewal license fee must be set by the board."

Section 25.  Section 37-19-304, MCA, is amended to read:

"37-19-304.  Issuance of intern's license -- license fee -- issuance of mortician's license on completion of internship. An applicant who passes the examination provided for in 37-19-302 shall, upon payment of a license fee prescribed by the board, be granted an intern mortician's license to practice mortuary science under the supervision of a licensed mortician in a licensed mortuary in Montana and, upon completion of 1 year's internship and payment of the annual license fee, may apply for and receive a mortician's license."

Section 26.  Section 37-19-306, MCA, is amended to read:

"37-19-306.  Annual renewal Renewal of mortician's license -- fee -- suspension for nonrenewal. (1) The annual license fee for a mortician's license must be postmarked on or before the date set by department rule. The amount of the annual renewal fee must be set by the board.

(2)  Failure to pay the annual renewal fee results in automatic suspension of the license. The license may be reinstated by the payment of unpaid renewal fees plus a penalty prescribed by the board."

Section 27.  Section 37-20-203, MCA, is amended to read:

"37-20-203.  Licensing of physician assistants-certified. The Montana state board of medical examiners may issue the following two forms of physician assistants-certified licenses under its seal:

(1)  a permanent license, signed by the president and subject to annual periodic renewal; and

(2)  a temporary license, signed by any member of the board and subject to specifications and limitations imposed by the board."

Section 28.  Section 37-20-302, MCA, is amended to read:

"37-20-302.  Utilization plan approval fee -- renewal of license -- renewal fee. (1) A utilization plan approval fee must be paid in an amount set by the board. Payment must be made when the utilization plan is submitted to the board and is not refundable.

(2)  A locum tenens utilization plan approval fee must be paid in an amount set by the board.

(3)  A license issued under this part must be renewed annually, for a period and on a date set by the department.

(4)  A license renewal fee set by the board must be paid at the time the license is renewed.

(5)  The department shall mail a renewal notice no later than 60 days prior to the renewal date. A certified letter addressed to the delinquent licensee's last-known address as it appears on the records of the department constitutes notice of intent to revoke the license.

(6)  If the annual license renewal fee is not paid on or before the renewal date, the board may revoke the license after giving 30 days' notice to the licensee. A license may not be revoked for nonpayment of a renewal fee if the licensee pays the annual renewal fee plus a penalty prescribed by the board on or before the date fixed for revocation.

(7)  Fees received by the department must be deposited in the state special revenue fund for use by the board in the administration of this chapter, subject to 37-1-101(6)."

Section 29.  Section 37-23-203, MCA, is amended to read:

"37-23-203.  Issuance, effective date, and display of license. (1) If an applicant meets the requirements contained in 37-23-202 and has paid the appropriate fees, the board shall issue a license to the applicant attesting to the date and fact of licensure. The license is effective on the date of issuance and must be renewed every year as provided in 37-23-205.

(2)  The license must be displayed in the registrant's place of business or employment."

Section 30.  Section 37-23-205, MCA, is amended to read:

"37-23-205.  Renewal of license. (1) A license may be issued for no longer than 1 year. The department may adopt rules to provide for annual the renewal of an existing license.

(2)  An application for renewal of an existing license must be made on or before the expiration date set by department rule.

(3)  Application for renewal must be made upon a form provided by the department. A renewal license must be issued upon payment of a renewal fee set by the board and upon submitting proof of qualification for renewal.

(4)  The renewal fee is increased by 10% for each month or part of a month that the renewal is delayed. The maximum fee for delayed renewal may not exceed twice the normal renewal fee.

(5)  A license not renewed within 1 year following its expiration date terminates automatically."

Section 31.  Section 37-25-307, MCA, is amended to read:

"37-25-307.  Renewal of license. (1) An application for renewal of license must be made annually for a period and on a date set by the department.

(2)  A renewal license must be issued when the applicant submits proof that requirements for continued licensure have been met and pays a renewal fee set by the board commensurate with costs.

(3)  An additional fee may be imposed on applications for renewal received by the board more than 30 days after the annual license renewal date."

Section 32.  Section 37-27-205, MCA, is amended to read:

"37-27-205.  Provisional license -- apprentice license. (1) Upon payment of a $200 fee to the department, the board may grant a provisional direct-entry midwife license only to a person who filed an affidavit required by section 2, Chapter 493, Laws of 1989.

(2)  The provisional license is valid until the issuance of grades for the first examination administered pursuant to 37-27-202.

(3)  Upon payment of a $200 fee to the department, the board may grant an apprentice direct-entry midwife license to a person who:

(a)  is working under the personal supervision of a licensed direct-entry midwife, a certified nurse-midwife, a physician licensed under Title 37, chapter 3, or a licensed naturopathic physician who is certified for the specialty practice of naturopathic childbirth attendance; and

(b)  is seeking licensure as a direct-entry midwife under this chapter.

(4)  An apprentice direct-entry midwife license is valid for 1 year a period prescribed by department of commerce rule and must be renewed annually at an interval established by the department of commerce, with a limit of four renewals."

Section 33.  Section 37-29-304, MCA, is amended to read:

"37-29-304.  Applications and fees. (1) The board is initially entitled to charge and collect the following fees:

(a)  $200 application for licensing;

(b)  $200 for original license;

(c)  $200 annual license renewal fee;

(d)  $200 for examination or reexamination, provided that if on reexamination only the written examination is required, the fee is $100; and

(e)  $50 for a duplicate or replacement license or a license for a second address, provided that no a denturist may not hold licenses bearing more than two different addresses.

(2)  The board may set other fees and modify the initial fees in accordance with the provisions of 37-1-134."

Section 34.  Section 37-29-306, MCA, is amended to read:

"37-29-306.  Licensing. (1) A denturist license is valid for a period of 1 year established by department rule and expires on the date set by department rule. A renewal license must be issued upon timely payment of the renewal fee and the submission of proof of continued qualification for licensure. In addition, the denturist shall submit proof that the denturist holds a current cardiopulmonary resuscitation card. The license must bear on its face the address where the licensee's denturist services will be performed.

(2)  Applications must be submitted on forms approved by the board and furnished by the department. Each application must include all other documentations documentation necessary to establish that the applicant meets the requirements for licensure and is eligible to take the licensure examination. Applications must be accompanied by the appropriate fees."

Section 35.  Section 37-30-310, MCA, is amended to read:

"37-30-310.  Instructor's certificate required -- application and qualification -- fees. (1) Except as provided in subsection (3), no a person may not, for a fee, instruct another in the practice of barbering unless that person holds an instructor's certificate issued by the board.

(2)  The board shall issue an instructor's certificate to:

(a)  any person engaged as an instructor in a barber college on October 1, 1983, upon payment of the certification fee; or

(b)  any person who passes the instructor's examination given by the department and pays a certification fee established by the board.

(3)  This section does not apply to persons paying the annual license fee required by 37-30-424."

Section 36.  Section 37-30-424, MCA, is amended to read:

"37-30-424.  Fee for advanced barber training program, clinic, or seminar. Any A person who is not a resident of this state conducting who conducts in this state any advanced barber training program, clinic, or seminar for barbers as defined in this chapter shall pay an annual a license fee prescribed by the board to the department or a 10-day license fee prescribed by the board and display the license while operating. Any such An advanced barber training program, clinic, or seminar may be inspected by the department at reasonable times during operation."

Section 37.  Section 37-30-423, MCA, is amended to read:

"37-30-423.  Initial inspection fee -- renewal. (1) In addition to the fees and charges provided by law on March 11, 1939, barbershops established prior to that date and which that had been under the inspection of the board shall pay an annual a license fee set by the board based on clerical and administrative costs. Barbershops established after March 11, 1939, shall pay an initial inspection fee prescribed by the board for the first year or portion thereof licensure period or portion of the licensure period and shall pay an annual a license fee set by the board.

(2)  Barbershop, school, or college licenses, once issued, expire each year on the date established by rule of the department, and an owner or manager of a barbershop, school, or college which that continues in active operation shall annually, before the expiration date, renew his the barbershop, school, or college license and pay the required fee. A barbershop which that fails to have the license renewed before the expiration date each year shall, on renewal, pay a penalty prescribed by the board, and a barber school or college which that fails to have the license renewed before the expiration date each year shall, on renewal, pay a penalty prescribed by the board."

Section 38.  Section 37-31-302, MCA, is amended to read:

"37-31-302.  License required to practice, teach, or operate salon, booth, or school. (1) A person may not practice or teach cosmetology or practice or teach manicuring without a license.

(2)  A place may not be used or maintained for the teaching of cosmetology or manicuring for compensation except under a certificate of registration.

(3)  A person may not operate or manage a cosmetology salon or a manicuring salon or practice cosmetology or manicuring without a manager-operator license.

(4)  A person may not operate or conduct a school of cosmetology or a school of manicuring and teach the art of cosmetology or manicuring without a license to teach cosmetology.

(5)  A person may not manage or operate a booth without a booth rental license.

(6)  A person, firm, partnership, or corporation desiring to operate a cosmetology salon shall make an application to the department for a certificate of registration and license. The application must be accompanied by the annual registration fee.

(7)  A license may not be issued until the inspection fees required in 37-31-312 have been paid."

Section 39.  Section 37-32-305, MCA, is amended to read:

"37-32-305.  Fees -- renewal -- deposit of money collected. (1) The fee for an original electrologist license must be set by the board. The renewal is automatic, unless revoked or suspended for cause, and the renewal fee must be set by the board.

(2)  The fee for an original electrologist salon license fee must be the same as that for cosmetology salons. The renewal fee must be the same as that for cosmetology salons.

(3)  A license issued under this chapter expires on the date set by department rule and may be renewed annually at periodic intervals as determined by department rule. Failure to renew subjects the licensee to a late renewal fee prescribed by the board to be added to the regular renewal fee. The right to renew by payment of the late renewal fee expires after 3 years of nonpayment.

(4)  All fees or money collected by the department under this chapter must be deposited in the state special revenue fund for the use of the board in administration of the chapter."

Section 40.  Section 37-40-203, MCA, is amended to read:

"37-40-203.  Rulemaking power. (1) The board may adopt rules, consistent with the purposes of this chapter, as it considers necessary.

(2)  The board's rulemaking and hearing functions must be in accordance with the Montana Administrative Procedure Act. The board shall adopt rules:

(a)  establishing standards of professional conduct in order to maintain a high standard of integrity, dignity, and competency in the profession of sanitarian, including competency in specific fields of sanitation;

(b)  governing the conduct of matters before the board;

(c)  governing educational equivalency requirements, as provided in 37-40-302, for registration of sanitarians; and

(d)  defining qualifications for sanitarian-in-training status for issuance of the initial annual permit."

Section 41.  Section 37-40-304, MCA, is amended to read:

"37-40-304.  Fees -- renewal. (1) An applicant for a license shall pay a fee set by the board in an amount commensurate with examination and administrative costs.

(2)  A registered sanitarian may renew the license by paying an annual a renewal fee and meeting qualifications set by the board.

(3)  Renewal fees are due on or before the renewal date set by department rule. If the renewal fee is not paid, the license expires. Licenses which have lapsed for failure to pay renewal fees may be reissued under rules adopted by the board."

Section 42.  Section 37-50-203, MCA, is amended to read:

"37-50-203.  Rules of the board. (1) The board may adopt rules, consistent with the purposes of this chapter, as it considers necessary.

(2)  The board shall adopt:

(a)  rules of professional conduct appropriate to establish and maintain a high standard of integrity, dignity, and competency in the profession of public accounting, including competency in specific fields of public accounting;

(b)  rules of procedure governing the conduct of matters before the board;

(c)  rules governing education requirements, as provided in 37-50-305, for issuance of the certificate of a certified public accountant and the license for licensed public accountant;

(d)  rules governing partnerships and corporations practicing public accounting, including but not limited to rules concerning their style, name, title, and affiliation with any other organization and establishing reasonable standards with respect to professional liability insurance and unimpaired capital and prescribing joint and several liability for torts relating to professional services for shareholders of any corporation failing to comply with the standards;

(e)  rules defining requirements for accounting experience, not exceeding 2 years, for issuance of the initial annual permit; and

(f)  rules to enforce the provisions of this chapter. The purpose of the rules must be to provide for the monitoring of the profession of public accounting and to maintain the quality of the accounting profession."

Section 43.  Section 37-50-314, MCA, is amended to read:

"37-50-314.  Annual permit Permit required -- display. (1) A person may not engage in the practice of public accounting in this state without a current annual permit issued by the department. An annual A permit to engage in the practice of public accounting in this state must be issued by the department to a person who holds a current certificate as a certified public accountant or license as a licensed public accountant and complies with the requirements of this chapter.

(2)  The current annual permit to engage in the practice of public accounting must be prominently displayed for public inspection."

Section 44.  Section 37-50-317, MCA, is amended to read:

"37-50-317.  Certificate, license, and permit expiration -- renewal fees. (1) Certificates, licenses, and permits issued by the board expire on the date set by department rule.

(2)  Certificates and licenses must be renewed by the department upon payment of the annual periodic renewal fee set by the board and upon compliance with requirements prescribed by the board.

(3)  Permits must be renewed by the department upon payment of the annual periodic renewal fee and upon compliance with the requirements prescribed by the board."

Section 45.  Section 37-51-310, MCA, is amended to read:

"37-51-310.  Annual renewal Renewal. (1) Except as provided in subsection (2), annual fees License fees are due and payable for the ensuing year licensure period during the month of December of each year at a time prescribed by department rule. Failure to remit annual renewal fees before January 1 the expiration date of the licensure period automatically cancels the license, but otherwise the license remains in effect continuously from the date of issuance unless suspended or revoked by the board for just cause.

(2)  The board may by rule change the annual renewal and automatic cancellation dates provided for in subsection (1).

(3)(2)  A licensee who allows his the license to lapse by failing to remit the annual fees before January 1 the expiration date may have his the license reinstated by the board by:

(a)  within 45 days after January 1 the expiration date, providing a satisfactory explanation to the board for his the licensee's failure to renew the license; and

(b)  paying the current renewal fee prescribed by the board.

(4)(3)  The board may also charge a late fee equal to twice the current renewal fee, but no less than $100, to a licensee who does not renew his the license as required by subsection (1)."

Section 46.  Section 37-51-603, MCA, is amended to read:

"37-51-603.  Qualification of property manager applicants -- examination -- form of licenses. (1) The board by rule shall require an applicant for licensure to provide information that the board believes is necessary to ensure that a person granted a property manager license is of good repute and competent to transact the business of a property manager in a manner that safeguards the welfare and safety of the public.

(2)  (a) The board shall require an applicant for a property manager license to:

(i)  apply for licensure to the department;

(ii) furnish written evidence that the applicant has completed the number of classroom hours that the board determines appropriate in a course of study approved by the board and taught by instructors approved by the board; and

(iii) satisfactorily complete an examination dealing with the material taught in the course of study.

(b)  The course of study must include the subjects of real estate leasing principles, real estate leasing law, and related topics.

(3)  Examinations must be given at least once every 4 months at places within the state that the board prescribes. The board shall establish by rule the contents of and requirements to pass the examination.

(4)  An applicant for licensure as a property manager must be at least 18 years of age and must have graduated from an accredited high school or completed an equivalent education as determined by the board.

(5)  The board shall prescribe the form of the license, and the license must bear the seal of the board. A property manager shall display the license conspicuously in the property manager's place of business.

(6)  The department shall prepare and deliver annually to the licensee a pocket card in a form and at times prescribed by the board."

Section 47.  Section 37-65-306, MCA, is amended to read:

"37-65-306.  Annual renewal Renewal -- fee. A licensed architect in this state who desires to continue the practice of the profession shall annually, on or before the renewal date set by department rule:

(1)  pay to the department a reasonable fee as prescribed by the board; and

(2)  present evidence to the board of continued qualification for licensure."

Section 48.  Section 37-66-307, MCA, is amended to read:

"37-66-307.  Annual renewal Renewal -- withdrawal -- deposit of fees. (1) Certification of licensure or renewal of registration expires on the date set by department rule. Renewal may be effected on or before the renewal date by payment to the department of the required fee. The board shall issue current renewal registration to each landscape architect promptly upon payment of the annual renewal registration fee.

(2)  Any registrant in good standing, upon ceasing to practice landscape architecture, shall give written notice to the board, and the board shall suspend the license. The person may resume practice upon payment of the then-current fee and upon approval by the board.

(3)  All fees received under the provisions of this chapter must be deposited in the state special revenue fund by the department. The money collected must be used by the department to carry out the purpose, duties, and responsibilities of the set forth in this chapter, subject to 37-1-101(6)."

Section 49.  Section 37-68-307, MCA, is amended to read:

"37-68-307.  Examination procedure -- issuance of master, journeyman, or residential electrician's license -- expiration. (1) To ensure impartiality, the examination for either the residential, master's, or journeyman's license must be by numbers drawn by lot. A paper may not be marked with the name of an applicant, but must be anonymously graded by the department. The examination passing grade is 75%.

(2)  If If it is determined that the applicant has passed the examination, the department, on payment by the applicant of the fee, shall issue to the applicant a license that authorizes the licensee to engage in the business, trade, or calling of a residential electrician, journeyman electrician, or master electrician.

(3)(3)  Each Unless otherwise provided by rules established by the department, each original license expires on a July 15 that is not more than 3 years subsequent to the date of issuance, at the discretion of the board."

Section 50.  Section 37-68-310, MCA, is amended to read:

"37-68-310.  License renewal every three years period -- renewal of lapsed licenses. Licenses of residential electricians, journeyman electricians, or master electricians, unless they have been suspended or revoked by the board or unless the department changes the duration of the renewal period, must be renewed for a period of 3 years by the department on application for renewal made to the department on or before the renewal date set by department rule and on the payment of a renewal fee. If application for renewal is not made on or before the renewal date, an additional fee prescribed by board rule must be paid. It is unlawful for a person who refuses or fails to pay the renewal fee to practice electrical work in this state. A person with a lapsed license may be issued a renewal license without examination if the applicant pays the original renewal fee and any delinquency fee within 1 year of the license expiration date. A lapsed license that is not renewed within 1 year following its expiration date may not be renewed unless the applicant passes the examination and pays the fee required for an original license."

Section 51.  Section 37-69-307, MCA, is amended to read:

"37-69-307.  Examination fee and annual renewal fee. (1) No An applicant for a master plumber's license may not submit to the examinations prescribed by the board until he the applicant has deposited with the department an examination fee prescribed by the board, and no an applicant for a journeyman plumber's license may not submit to the examination prescribed by the board until he the applicant has deposited with the department an examination fee as prescribed by the board.

(2)  A license when issued expires each year on the date established by rule of the department. A license issued to a master plumber or a journeyman plumber may be renewed annually without examination, at any time prior to its expiration, by a written request for its renewal directed to the department and the payment of a fee as set by the board for renewal of a master plumber's license or a fee as set by the board for renewal of a journeyman plumber's license. Renewal is for the period of 1 year established by the department by rule.

(3)  Fees prescribed by the board pursuant to this section must be reasonably related to the costs incurred by the board in carrying out its respective functions."

Section 52.  Section 37-72-306, MCA, is amended to read:

"37-72-306.  Annual renewal Renewal. (1) A license issued under this chapter expires January 1 following the date of its issuance or renewal and is invalid thereafter after the renewal date established by the department by rule. The department shall notify each person licensed under this chapter of the date of the expiration of his the person's license and the amount of his the license renewal fee. The notice must be mailed to each licensed construction blaster at his the blaster's listed address at least 1 month before the expiration of his the blaster's license.

(2)  Renewal may be made by application during the 60 days prior to the expiration date. Failure on the part of a licensee to pay his the renewal fee by the expiration date does not deprive him the licensee of the right to renew his the licensee's license, but the fee must be increased 10% for each month or major portion thereof of a month that the payment of the renewal fee is delayed after the expiration date. The maximum fee for delayed renewal may not exceed twice the normal renewal fee. Application for renewal following a lapse of 1 year or more is subject to review by the department, and the applicant may be required to successfully complete an examination."

Section 53.  Section 50-39-102, MCA, is amended to read:

"50-39-102.  Application for license and endorsements. (1) An application for a license and any endorsements must be made on a form prescribed by the department of commerce.

(2)  The department shall annually issue a license and endorsement to an applicant who:

(a)  submits satisfactory proof that the applicant is properly equipped and staffed to provide the sales or services to be licensed and endorsed; and

(b)  submits satisfactory proof that the applicant is insured to engage in the business covered by the license and endorsement or endorsements.

(3)  The department shall:

(a)  issue an endorsement to an applicant who scores a passing grade on an examination devised or approved by the department; and

(b)  annually renew the endorsement at time intervals prescribed by the department and upon payment of the endorsement fee and submission of satisfactory proof that the endorsee has completed continuing education, training, or testing required by the department."

Section 54.  Section 50-74-313, MCA, is amended to read:

"50-74-313.  Renewal of licenses. (1) All certificates of license to engineers of all classes shall must be renewed yearly, except as herein provided at periodic intervals as established by the department by rule.

(2)  Any engineer failing to renew his the license as herein provided or within at least 30 days after the date of expiration shall must be assessed the fee for the original license of the same grade before the license will be reissued.

(3)  Any engineer failing to renew his the license within 12 months of the date of expiration must shall reapply for an engineer's license as required by the provisions of 50-74-303 through 50-74-308.

(4)  Any engineer whose license expired while such the engineer was in the military or naval service of the United States shall have 90 days from the time such engineer is discharged from such military or naval service within which to renew his shall within 90 days of discharge renew the license at the renewal fee."

Section 55.  Section 50-76-105, MCA, is amended to read:

"50-76-105.  Renewal and period of validity of license. The license is valid for 1 year from the date of issuance a period established by the department of commerce by rule and may be renewed in the same manner provided by law for the renewal of a license to operate steam engines, boilers, or steam-driven machinery under chapter 74 of this title."

Section 56.  Coordination instructions. (1) If House Bill No. 266 and [this act] are both passed and approved, then [section 1(3)(b) of this act] must read as follows:

"(b) up to $44,391 from money deposited in the state special revenue fund pursuant to 37-68-313 and 37-69-308, in proportions determined by the department of commerce. The appropriation may be used only for a half-time administrative support position to be shared by the state electrical board provided for in 2-15-1874 and the state board of plumbers established in 2-15-1875;".

(2) If House Bill No. 396 and [this act] are both passed and approved, then 27-6-206(3) must read as follows:

"(3) The annual surcharge must be paid on or before April 1 of each year. All unpaid assessments bear a late charge fee equal to the judgment rate of interest. The late charge fee is part of the annual surcharge. The panel may collect the annual surcharge by an action at law."

Section 57.  Effective date. [This act] is effective July 1, 1997.

-END-