2007 Montana Legislature

SENATE BILL NO. 54

INTRODUCED BY V. COCCHIARELLA

BY REQUEST OF THE ECONOMIC AFFAIRS INTERIM COMMITTEE

AN ACT GENERALLY REVISING LAWS RELATING TO LICENSING BOARDS; PROVIDING FOR JOINT MEETINGS OF BOARDS WITH A SIMILAR OR OVERLAPPING SCOPE OF PRACTICE OR DUAL LICENSURE; REVISING DEPARTMENT DUTIES TOWARD BOARDS; CHANGING THE BOARD OF ATHLETICS TO A PROGRAM; EXPANDING JURISDICTION OVER ATHLETIC EVENTS TO ANY COMBATIVE EVENT; REMOVING AN EXCEPTION FOR COMBATIVE EVENTS FOR CONTESTANTS UNDER 16 YEARS OF AGE CONDUCTED BY A RECOGNIZED AMATEUR ASSOCIATION; COMBINING THE BOARD OF LANDSCAPE ARCHITECTS WITH THE BOARD OF ARCHITECTS; REPEALING THE UNIFORM ATHLETE AGENTS ACT; AMENDING SECTIONS 2-15-1730, 2-15-1744, 2-15-1750, 2-15-1753, 2-15-1761, 18-2-113, 23-3-301, 23-3-402, 23-3-404, 23-3-405, 23-3-501, 23-3-502, 23-3-601, 23-3-602, 23-3-603, 37-1-101, 37-1-401, 37-65-102, 37-65-204, 37-65-323, AND 37-66-103, MCA; REPEALING SECTIONS 2-15-1762, 2-15-1772, 23-3-401, 23-3-403, 37-66-201, 37-66-202, 37-76-101, 37-76-102, 37-76-103, 37-76-104, 37-76-105, 37-76-106, 37-76-107, 37-76-108, 37-76-109, 37-76-113, 37-76-114, 37-76-115, 37-76-116, 37-76-117, 37-76-118, 37-76-119, 37-76-120, 37-76-121, 37-76-122, AND 37-76-123, MCA; AND PROVIDING AN EFFECTIVE DATE.

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

Section 1. Joint meetings -- department duties. (1) The department shall convene a joint meeting once every 2 years of two or more boards that:

(a) have licensees with dual licensure in related professions or occupations;

(b) have licensees licensed by another board in a related profession or with similar scopes of practice, including but not limited to:

(i) health care boards;

(ii) mental health care boards;

(iii) design boards;

(iv) therapeutic boards; or

(v) technical boards; or

(2) A quorum is not required for the joint meeting. However, one member from each board shall attend.

(3) The department shall report to the interim committee responsible for monitoring boards with regard to attendance and issues of concern addressed by the boards.

Section 2. Section 2-15-1730, MCA, is amended to read:

"2-15-1730. Alternative health care board -- composition -- terms -- allocation. (1) There is an alternative health care board.

(2) The board consists of six members appointed by the governor with the consent of the senate. The members are:

(a) two persons from each of the health care professions regulated by the board who have been actively engaged in the practice of their respective professions for at least 3 years preceding appointment to the board;

(b) one public member who is not a member of a profession regulated by the board; and

(3) The members must have been residents of this state for at least 3 years before appointment to the board.

(4) All members shall serve staggered 4-year terms. The governor may remove a member from the board for neglect of a duty required by law, for incompetency, or for unprofessional or dishonorable conduct.

(5) The board is allocated to the department for administrative purposes only, as prescribed in 2-15-121.

(6) The board is designated a quasi-judicial board for the purposes of 2-15-124, except that one member of the board need not be an attorney licensed to practice law in this state."

Section 3. Section 2-15-1744, MCA, is amended to read:

"2-15-1744. Board of social work examiners and professional counselors. (1) (a) The governor shall appoint a board of social work examiners and professional counselors consisting of seven members.

(b) Three members must be licensed social workers, and three must be licensed professional counselors.

(d)(2) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121.

(e)(3) The board is designated a quasi-judicial board. Members are appointed, serve, and are subject to removal in accordance with 2-15-124.

(2) Notwithstanding the qualifications for appointment contained in subsection (1), a person may be appointed to the board without being licensed as a professional counselor if he is issued a license under Title 37, chapter 23, within 30 days after his appointment."

Section 4. Section 2-15-1750, MCA, is amended to read:

"2-15-1750. Board of respiratory care practitioners. (1) There is a board of respiratory care practitioners. The board consists of five members appointed by the governor. Each member must be a citizen of the United States and a resident of this state. The governor may request advice from the Montana society for respiratory care in making appointments to the board.

(2) The board consists of:

(a) three respiratory care practitioners, each of whom has engaged in the practice of respiratory care for a period of at least 3 years immediately preceding their appointment to the board. At least one of these members must have passed the registry examination for respiratory therapists administered by the national board for respiratory care, and at least one of these members must have passed the entry-level examination for respiratory therapy technicians administered by the national board for respiratory care.

(b) one physician licensed in Montana who has a special interest in the treatment of cardiopulmonary diseases; and

(3) The board is a quasi-judicial board, except that one member of the board need not be an attorney licensed to practice law in this state. Members are appointed, serve, are compensated, and are subject to removal as provided in 2-15-124.

(4) The board is allocated to the department of labor and industry for administrative purposes only as provided in 2-15-121."

Section 5. Section 2-15-1753, MCA, is amended to read:

"2-15-1753. Board of clinical laboratory science practitioners. (1) There is a board of clinical laboratory science practitioners.

(2) The board is composed of five members who have been residents of this state for at least 2 years prior to appointment and who are actively engaged in their respective practices.

(3) Members are appointed by the governor, with consent of the senate. The members are:

(a) one physician who is qualified to direct a high complexity laboratory as provided for in the federal clinical laboratory regulations set forth in 42 CFR part 493;

(b) three clinical laboratory science practitioners who, except for the initial appointments, hold active licenses as clinical laboratory science practitioners in Montana; and

(c) one public member who is not associated with or financially interested in the practice of clinical laboratory science.

(4) Following the initial appointments of members to the board, all members shall serve 4-year terms. The terms of the initial appointments must be staggered, with three members serving a 4-year term terms and two members serving a 2-year term terms. A member may not serve more than two consecutive terms.

(5) Whenever a vacancy occurs on the board during a term of office, the governor shall appoint a successor with similar qualifications for the remainder of the unexpired term.

(6) The board is allocated to the department for administrative purposes only, as provided in 2-15-121.

(7) The board is designated a quasi-judicial board for the purposes of 2-15-124, except that a member of the board need not be an attorney licensed to practice law in this state.

(8)(7) Members of the board are entitled to compensation and travel expenses as provided by law."

Section 6. Section 2-15-1761, MCA, is amended to read:

"2-15-1761. Board of architects and landscape architects. (1) There is a board of architects and landscape architects.

(2) The board consists of four six members appointed by the governor with the consent of the senate. The members are:

(a) two registered licensed architects who have been in continuous practice for 3 years before their appointment;

(b) one registered licensed architect who is on the staff of the Montana state university-Bozeman school of architecture; and

(c) one representative of the public who is not engaged in or directly connected with the practice of architecture or landscape architecture; and

(d) two licensed landscape architects.

(3) Each member must have been a resident of Montana for 4 years prior to appointment.

(4) Each member shall serve for a term of 3 years.

(5) The board is allocated to the department for administrative purposes only as prescribed in 2-15-121."

Section 7. Section 18-2-113, MCA, is amended to read:

"18-2-113. Architects on public buildings to be certified. A contract for the employment of or the rendering of professional services by any person relating to the planning or construction of public buildings or other public works or improvements may not be entered into by this state or its agencies or a county, city, or school district in this state unless the person is the holder in good standing of a certificate license granted under Title 37, chapter 65, by the board of architects entitling him to practice architecture in this state and landscape architects."

Section 8. Section 23-3-301, MCA, is amended to read:

"23-3-301. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Board" means the board of athletics provided for in 2-15-1772.

(2)(1) "Combative events" means a match, exhibition, contest, show, or tournament involving contestants in boxing, wrestling, mud wrestling, martial arts, or any other combative practice as defined by the department by rule.

(2) "Contestant" means a professional or semiprofessional practitioner of boxing, wrestling, mud wrestling, martial arts, or any other combative practice as defined by the department by rule.

(3) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(4) "Program" means a set of operations governed by the statutes in this chapter and the rules adopted by the department under this chapter."

Section 9. Section 23-3-402, MCA, is amended to read:

"23-3-402. Enforcement of rules by board member -- board designees. (1) In absence of a quorum of the board, any board member in attendance at and supervising a contest or exhibition has the full power of the board in enforcing rules of the board.

(2)(1) The board department may designate in writing representatives a representative to act specifically on behalf of the board department but only within the scope of the written authority.

(2) The representative shall attend and supervise a combative event and has the authority from the department to enforce rules adopted under this chapter."

Section 10. Section 23-3-404, MCA, is amended to read:

"23-3-404. Board jurisdiction Jurisdiction -- license required -- contestant participation. (1) The board department has sole management, control, and jurisdiction over each professional or semiprofessional wrestling or boxing match or exhibition, including "so you think you are tough" boxing matches and mud wrestling, combative event involving recognition, a prize, or a purse and at which an admission fee is charged, either directly or indirectly, in the form of dues or otherwise, to be held within the state, except a match or exhibition combative event conducted:

(a) by a university, college, or high school; or

(b) by the military; or

(2) No An organization or individual may not conduct a combative event match or exhibition within the board's department's jurisdiction unless it or he the organization or individual is the holder of an appropriate license granted by the board department.

(3) No A referee, manager, or judge may not participate in a match or exhibition combative event within the board's department's jurisdiction unless he is:

(a) the individual is licensed by the board department; and

(b) the match or exhibition combative event is conducted by an organization or individual licensed by the board department.

(4) No professional or semiprofessional boxer or wrestler A contestant may not participate in a match or exhibition combative event within the board's department's jurisdiction unless he is:

(a) the contestant is licensed by the board and department;

(b) the match or exhibition combative event is conducted by an organization or individual licensed by the board and his right department; and

Section 11. Section 23-3-405, MCA, is amended to read:

"23-3-405. Rules. (1) The board department may adopt rules for the administration and enforcement of this chapter.

(2) (a) The rules must include the granting, suspension, and revocation of licenses and the qualification requirements for those to be licensed to conduct matches or exhibitions combative events or to be licensed as referees, managers, or judges. License qualifications must include appropriate knowledge, experience, and integrity.

(b) The rules may include but are not limited to the following:

(i) the labeling of a match as a championship match;

(ii) the number and length of rounds and the weight of gloves;

(iii) the extent and timing of the physical examination of contestants;

(iv) the attendance of a referee and the referee's powers and duties; and

(v) review of decisions made by officials.

(3) The rules must:

(a) meet or exceed the safety codes required by recognized professional boxing and, wrestling, and other organizations conducting combative events;

(b) provide reasonable measures for the fair conduct of the matches or exhibitions combative events and for the protection of the health and safety of the contestants;

(d) provide for the qualifications of judges, referees, and seconds and for their payment by the promoter; and

(e) provide for the attendance at ringside of one or more of the following and require the promoter to pay for that person's attendance:

(i) a licensed physician as defined in 37-3-102;

(ii) a licensed physician assistant as defined in 37-20-401; or

(iii) a licensed advanced practice registered nurse as defined in 37-8-102."

Section 12. Section 23-3-501, MCA, is amended to read:

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

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

(3) A license issued in accordance with subsections (1) and (2) expires on the date set by department rule.

(4) Each application for a license under this section must be accompanied by a fee, as provided in 37-1-134, set by the board department."

Section 13. Section 23-3-502, MCA, is amended to read:

"23-3-502. Bond -- conditions. (1) No A license to conduct professional or semiprofessional matches or exhibitions combative events may not be issued unless the licensee has executed a bond in the sum of not less than $5,000.

(2) The bond must be conditioned on faithful compliance by the licensee with the provisions of this chapter and the rules of the board department."

Section 14. Section 23-3-601, MCA, is amended to read:

"23-3-601. Report of ticket sales -- tax on gross receipts -- disposition of money received. (1) An individual or organization licensed to conduct a boxing or wrestling combative event match or exhibition must shall, within 24 hours after the completion of each combative event match or exhibition, furnish to the department a written report, verified by one of its officers or owners, showing the number of tickets sold for the combative event match or exhibition, the amount of gross proceeds, and other matters as that the board department prescribes and must shall also within 24 hours pay to the department a tax of 5% of its total gross receipts, after deducting the federal admission tax, if any, from the sale of tickets.

(2) All taxes and fees collected by the department or the board under this chapter must be deposited in the state special revenue fund for the use of the board program, subject to 37-1-101(6)."

Section 15. Section 23-3-602, MCA, is amended to read:

"23-3-602. Examination of books and records on failure to make report or on unsatisfactory report -- penalty for failure to pay tax. (1) If an individual or organization fails to make a report of a combative event contest at the time prescribed by 23-3-601 or if the report is unsatisfactory to the board department, the board department may examine the books and records of the individual or organization and subpoena and examine witnesses under oath for the purpose of determining the total amount of its gross receipts for a combative event contest and the amount of tax due under this chapter.

(2) If the individual or organization remains in default in the payment of tax ascertained to be due for a period of 20 days after notice to such delinquent the individual or organization of the amount due, the delinquent individual or organization forfeits its license and is disqualified from receiving a new license."

Section 16. Section 23-3-603, MCA, is amended to read:

"23-3-603. Discipline. (1) A license issued under the provisions of this chapter may, after notice and opportunity for hearing, be revoked or suspended by the board department for a violation of the provisions of this chapter or any rule of the board department.

(2) The board department may, after notice and opportunity for hearing, reprimand any professional or semiprofessional athlete contestant or suspend, for a period not to exceed 1 year, his the contestant's right to participate in any combative event match or exhibition conducted by any licensee for:

(a) unsportsmanlike conduct unbecoming a contestant while engaged in or arising directly from any combative event match or exhibition;

(b) failure to compete in good faith or engaging in any sham combative event match or exhibition; or

Section 17. Section 37-1-101, MCA, is amended to read:

"37-1-101. Duties of department. In addition to the provisions of 2-15-121, the department of labor and industry shall:

(1) establish and provide all the administrative, legal, and clerical services needed by the boards within the department, including corresponding, receiving and processing routine applications for licenses as defined by a board, issuing and renewing routine licenses as defined by a board, disciplining licensees, setting administrative fees, preparing agendas and meeting notices, conducting mailings, taking minutes of board meetings and hearings, and filing;

(2) standardize policies and procedures and keep in Helena all official records of the boards;

(3) make arrangements and provide facilities in Helena for all meetings, hearings, and examinations of each board or elsewhere in the state if requested by the board;

(4) contract for or administer and grade examinations required by each board;

(5) investigate complaints received by the department of illegal or unethical conduct of a member of the profession or occupation under the jurisdiction of a board or a program within the department;

(6) assess the costs of the department to the boards and programs on an equitable basis as determined by the department;

(7) adopt rules setting administrative fees and expiration, renewal, and termination dates for licenses;

(8) issue a notice to and pursue an action against a licensed individual, as a party, before the licensed individual's board after a finding of reasonable cause by a screening panel of the board pursuant to 37-1-307(1)(e);

(9) (a) provide notice to the board and to the appropriate legislative interim committee when a board cannot operate in a cost-effective manner;

(b) suspend all duties under this title related to the board except for services related to renewal of licenses;

(c) review the need for a board and make recommendations to the legislative interim committee with monitoring responsibility for the boards for legislation revising the board's operations to achieve fiscal solvency; and

(d) notwithstanding 2-15-121, recover the costs by one-time charges against all licensees of the board after providing notice and meeting the requirements under the Montana Administrative Procedure Act;

(10) monitor a board's cash balances to ensure that the balances do not exceed two times the board's annual appropriation level and adjust fees through administrative rules when necessary; and

(11) establish policies and procedures to set fees for administrative services, as provided in 37-1-134, commensurate with the cost of the services provided. Late penalty fees may be set without being commensurate with the cost of services provided."

Section 18. Section 37-1-401, MCA, is amended to read:

"37-1-401. Uniform regulation for licensing programs without boards -- definitions. As used in this part, the following definitions apply:

(1) "Complaint" means a written allegation filed with the department that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant.

(2) "Department" means the department of labor and industry provided for in 2-15-1701.

(3) "Investigation" means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a complaint or other information before the department, that is carried out for the purpose of determining:

(a) whether a person has violated a provision of law justifying discipline against the person;

(b) the status of compliance with a stipulation or order of the department;

(d) whether the department should seek an injunction.

(4) "License" means permission in the form of a license, permit, endorsement, certificate, recognition, or registration granted by the state of Montana to engage in a business activity or practice at a specific level in a profession or occupation governed by:

(a) Title 37, chapter 35, or 72, or 76; or

(b) Title 50, chapter 39, 74, or 76.

(5) "Profession" or "occupation" means a profession or occupation regulated by the department under the provisions of:

(a) Title 37, chapter 35, or 72, or 76; or

(b) Title 50, chapter 39, 74, or 76."

Section 19. Section 37-65-102, MCA, is amended to read:

"37-65-102. Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:

(1) "Architect" means an individual who is technically and legally qualified to practice architecture and who is authorized under this chapter to practice architecture.

(2) "Board" means the board of architects and landscape architects provided for in 2-15-1761.

(3) "Building" means a structure intended primarily for human occupancy or use.

(4) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(5) "Practice of architecture" means any professional service or creative work requiring the application of advanced knowledge of architectural design, building construction, and standards and involving the constant exercise of discretion and judgment in those activities, in which the safeguarding of life, health, or property is concerned, as consultation, investigation, evaluation, planning, design, or inspection of construction for any public or private building.

(6) "Public building" means any building that the state or any political subdivision of the state maintains for the use of the public."

Section 20. Section 37-65-204, MCA, is amended to read:

"37-65-204. Rulemaking. The board of architects may adopt, amend, or repeal rules necessary for the implementation and enforcement of Title 37, chapter 66, and this chapter in accordance with the provisions of the Montana Administrative Procedure Act."

Section 21. Section 37-65-323, MCA, is amended to read:

"37-65-323. Injunction. Whenever the board of architects has reasonable cause to believe that a person is violating any provision of Title 37, chapter 66, this chapter, or a rule of the board, it may, in addition to the remedies provided in 37-65-322 or 37-66-322, as appropriate, and without prejudice thereto, bring an action in the district court for the county in which the violation is occurring to enjoin such the person from continuing to engage in such the violation or from doing any act in furtherance thereof that contributes to the violation."

Section 22. Section 37-66-103, MCA, is amended to read:

"37-66-103. Definitions. As used in this chapter, the following definitions apply:

(1) "Board" means the board of architects and landscape architects provided for in 2-15-1762 2-15-1761.

(2) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(3) "Landscape architect" means a person who holds a certificate license to practice landscape architecture in the state of Montana under the provisions of this chapter.

(4) (a) "Landscape architecture" means performing services in conjunction with all aspects of the planning and design of the exterior environment for human use and environmental protection. It includes regional planning of natural resources, urban and rural planning and design, institutional design, park and recreation planning and design, and the preparation of project master plans. It is the design discipline specifically oriented to addressing the problems involved in adapting man's the uses of land to the characteristics of the exterior environment both functionally and aesthetically. It

(b) The term includes regional planning of natural resources; urban and rural planning and design; institutional design; park and recreation planning and design; contract negotiations; the preparation of project master plans, contract documents, construction specifications, construction cost estimates, and project contracts. It includes contract negotiations,; project management,; and construction management.

(c) The term does not include the design of structures or facilities with separate and self-contained purposes that are ordinarily included in the practice of engineering or architecture and does not include the making of land surveys or final land plats for official approval or recording."

Section 23. Deposit of license fees. Money received by the department for license fees from landscape architects must be deposited in the state special revenue fund for the use of the board subject to 37-1-101(6).

Section 24. Repealer. Sections 2-15-1762, 2-15-1772, 23-3-401, 23-3-403, 37-66-201, 37-66-202, 37-76-101, 37-76-102, 37-76-103, 37-76-104, 37-76-105, 37-76-106, 37-76-107, 37-76-108, 37-76-109, 37-76-113, 37-76-114, 37-76-115, 37-76-116, 37-76-117, 37-76-118, 37-76-119, 37-76-120, 37-76-121, 37-76-122, and 37-76-123, MCA, are repealed.

Section 25. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 37, chapter 1, part 1, and the provisions of Title 37, chapter 1, part 1, apply to [section 1].

(2) [Section 23] is intended to be codified as an integral part of Title 37, chapter 66, part 3, and the provisions of Title 37, chapter 66, part 3, apply to [section 23].

Section 26. Effective date. [This act] is effective July 1, 2007.

- END -

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