AN ACT ALLOWING STATE PLUMBING BOARD AND STATE ELECTRICAL BOARD COMPLIANCE OFFICERS TO ISSUE CITATIONS TO AND COLLECT FINES FROM PERSONS WHO FAIL TO DISPLAY A PLUMBER'S LICENSE OR AN ELECTRICIAN'S LICENSE AT A JOB SITE; ESTABLISHING CIVIL FINES FOR VIOLATIONS; AMENDING SECTIONS 37-1-317, 37-68-301, 37-68-313, 37-68-315, 37-69-301, 37-69-308, AND 37-69-319, MCA; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 37-1-317, MCA, is amended to read:

"37-1-317. Practice without license -- investigation of complaint -- injunction -- penalties. (1) The department shall investigate complaints concerning practice by an unlicensed person of a profession or occupation for which a license is required by this title.

(2) The department may issue a citation and collect a fine, as provided in [sections 8 and 9], to a person at a job site who is performing plumbing or electrical work and who fails to display a license or proof of licensure at the request of an employee of the department who bears responsibility for compliance with licensure requirements.

(3) A board may file an action to enjoin a person from practicing, without a license, a profession or occupation for which a license is required by this title."

Section 2. Section 37-68-301, MCA, is amended to read:

"37-68-301. License required to engage in electrical work. (1) A person may not engage in or work at the business, trade, or calling of electrical contractor, residential electrician, journeyman electrician, or master electrician in this state until the person has received from the department a license or permit to work as an electrical contractor, residential electrician, journeyman electrician, or master electrician.

(2) A person who has received a license from the department under the provisions of this chapter shall carry the license, or proof of licensure, at all times while working at a job site and performing work that requires a license. Acceptable proof of licensure must be determined by the board and made known to each licensee by the department when a license is issued.

(3) A private or public employment agency or labor union, or an employee thereof, who refers persons for employment by others may not refer a person for employment by others to perform the work of an electrical contractor, residential electrician, journeyman electrician, or master electrician in this state unless the person has received from the department a license or permit to work as an electrical contractor, residential electrician, journeyman electrician, or master electrician."

Section 3. Section 37-68-313, MCA, is amended to read:

"37-68-313. Reasonable fees -- deposit of fees and fines collected. (1) All fees established by the board under this chapter must be reasonably related to the respective program costs. Fees collected by the department under this chapter must be deposited in the state special revenue fund for the use of the board.

(2) Fines collected under this chapter must be deposited in the state general fund."

Section 4. Section 37-68-315, MCA, is amended to read:

"37-68-315. Proof of license. (1) An employee of a private or public employment agency or labor union, a building code compliance inspector, an employee of the department, a person who is professionally responsible for a job site, or an electrician licensed under Title 37, chapter 68, has the right to ask a person working at a job site doing work that requires an electrician's license to provide proof of licensure. If the person performing the work is unable to furnish proof of licensure, the requesting person may report that fact to the board or the department.

(2) An employee of the department may issue a citation and collect a fine, as provided in [section 9], to a person at a job site where the person is performing electrical work if the person fails to display an electrician's license or proof of licensure at the request of the department inspector."

Section 5. Section 37-69-301, MCA, is amended to read:

"37-69-301. License required -- temporary exception by municipal resolution when licensed plumber not available. (1) A person working at the field of plumbing in any incorporated city, town, or in any other area served by a public water supply or a public sewer system in this state, either as a master plumber or as a journeyman plumber, or who while working at the field of plumbing connects plumbing to or disconnects plumbing from a public water supply or public sewer system shall first secure a state license .

(2) A person who receives a license under the provisions of this chapter shall carry the license, or proof of licensure, at all times while working on a job site and performing work that requires a license. Acceptable proof of licensure must be determined by the board and made known by the department to each licensee when a license is issued.

(3) The council or commission of any city or town or board of directors or managers of a water or sewer district or water utility, in cases in which a licensed person or persons are not reasonably available, may by ordinance, rule, or resolution and upon reasonable notice by certified letter to the board of plumbers and upon its approval, or after 30 days from the date of the postmark of the certified letter if the board fails to respond to the certified letter, authorize the practice in the field of plumbing by a person or persons who have not obtained the state licenses until a licensed person is reasonably available or until the board of plumbers withdraws its authorization."

Section 6. Section 37-69-308, MCA, is amended to read:

"37-69-308. Deposit of fees and fines. (1) Money paid for license fees under this chapter must be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6).

(2) Fines collected under this chapter must be deposited in the state general fund."

Section 7. Section 37-69-319, MCA, is amended to read:

"37-69-319. Proof of license -- citation and fine. (1) An employee of a private or public employment agency or labor union, a building code compliance inspector, an employee of the department, a person who is professionally responsible for a job site, or a plumber licensed under Title 37, chapter 69, has the right to ask a person working at a job site doing work that requires a plumber's license to provide proof of licensure. If the person performing the work is unable to furnish proof of licensure, the requesting person may report that fact to the board or the department.

(2) An employee of the department may issue a citation and collect a fine, as provided in [section 8], to a person at a job site where the person is performing plumbing work if the person fails to display a plumber's license or proof of licensure at the request of the department inspector."

Section 8. Citation and fine for failure to display license. (1) A citation for failure to display a plumber's license or proof of licensure issued by an employee of the department of commerce must include:

(a) the time and date on which the citation is issued;

(b) the name, address, mailing address, and signature of the person to whom the citation is issued;

(c) reference to the statutory authority to issue the citation;

(d) the name, title, affiliation, and signature of the person issuing the citation;

(e) information explaining the procedure for the person to follow in order to pay the fine or to demonstrate proof of licensure; and

(f) the amount of the applicable fine.

(2) The applicable civil fines for failing to display a license or proof of licensure are as follows:

(a) $100 for the first offense;

(b) $250 for the second offense; and

(c) $500 for the third and any subsequent offense.

(3) Each day of violation constitutes a separate offense. The person issuing the citation is responsible for determining, by means of an up-to-date list or through telephone or other communication with the board office, whether the citation being issued is for a first, second, or subsequent offense.

(4) The person who issues the citation is authorized to collect the fine, but the person who is issued a citation may pay the fine to the board within 5 business days of the date of issuance. The board may, upon finding that the person has demonstrated acceptable proof of licensure, waive or refund the fine.

(5) A person who refuses to sign and accept a citation commits a misdemeanor, punishable in the same manner as provided in 37-1-318.

Section 9. Citation and fine for failure to display license. (1) A citation for failure to display an electrician's license or proof of licensure issued by an employee of the department must include:

(a) the time and date on which the citation is issued;

(b) the name, address, mailing address, and signature of the person to whom the citation is issued;

(c) reference to the statutory authority to issue the citation;

(d) the name, title, affiliation, and signature of the person issuing the citation;

(e) information explaining the procedure for the person to follow in order to pay the fine or to demonstrate proof of licensure; and

(f) the amount of the applicable fine.

(2) The applicable civil fines for failing to display a license or proof of licensure are as follows:

(a) $100 for the first offense;

(b) $250 for the second offense; and

(c) $500 for the third and any subsequent offense.

(3) Each day of violation constitutes a separate offense. The person issuing the citation is responsible for determining, by means of an up-to-date list or through telephone or other communication with the board office, whether the citation being issued is for a first, second, or subsequent offense.

(4) The person who issues the citation is authorized to collect the fine, but the person who is issued a citation may pay the fine to the appropriate authority identified on the citation within 5 business days of the date of issuance. The board may, upon finding that the person has demonstrated acceptable proof of licensure, waive or refund the fine.

(5) A person who refuses to sign and accept a citation commits a misdemeanor, punishable in the same manner as provided in 37-1-318.

Section 10. Codification instruction. (1) [Section 8] is intended to be codified as an integral part of Title 37, chapter 69, part 3, and the provisions of Title 37, chapter 69, part 3, apply to [section 8].

(2) [Section 9] is intended to be codified as an integral part of Title 37, chapter 68, part 3, and the provisions of Title 37, chapter 68, part 3, apply to [section 9].

Section 11. Effective date. [This act] is effective July 1, 1999.

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I hereby certify that the within bill,

HB 0461, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 461

INTRODUCED BY B. SIMON

AN ACT ALLOWING STATE PLUMBING BOARD AND STATE ELECTRICAL BOARD COMPLIANCE OFFICERS TO ISSUE CITATIONS TO AND COLLECT FINES FROM PERSONS WHO FAIL TO DISPLAY A PLUMBER'S LICENSE OR AN ELECTRICIAN'S LICENSE AT A JOB SITE; ESTABLISHING CIVIL FINES FOR VIOLATIONS; AMENDING SECTIONS 37-1-317, 37-68-301, 37-68-313, 37-68-315, 37-69-301, 37-69-308, AND 37-69-319, MCA; AND PROVIDING AN EFFECTIVE DATE.