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.
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.
(2)(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.
(2)(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 money fees and fines collected. (1) All fees established by the board under
this chapter must be reasonably related to the respective program costs. Money Fees collected by the department under this
chapter shall 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. Any (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 shall connect connects plumbing to or disconnect disconnects plumbing from a
public water supply or public sewer system shall first secure a state license as hereinafter provided.
(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 where in which a duly licensed person or persons are not reasonably available, may by ordinance,
rule, or resolution duly adopted and upon reasonable notice by certified letter to the board of plumbers and upon their 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 as
hereinafter provided until such time as a duly a licensed person or persons are 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 shall 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.
- END -
Latest Version of HB 461 (HB0461.ENR)
Processed for the Web on April 16, 1999 (10:06AM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of the bill for the bill's primary sponsor.
Status of this Bill | 1999 Session | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills in WP 5.1
Prepared by Montana Legislative Services
(406)444-3064