Reprinted
February 1, 2012
SENATE BILL No. 260
_____
DIGEST OF SB 260
(Updated January 31, 2012 2:32 pm - DI 110)
Citations Affected: IC 22-12; IC 22-14; IC 22-15.
Synopsis: Firefighter training and elevator mechanics. Repeals the
statewide arson investigation financial assistance fund and transfers the
money to the regional public safety training fund. Specifies that the
board of firefighting personnel standards and education may adopt by
reference the National Fire Protection Association code. Establishes
requirements for elevator mechanic licenses issued after June 30, 2014.
Amends expiration dates for elevator mechanic licenses.
Effective: July 1, 2012.
Alting, Arnold
January 4, 2012, read first time and referred to Committee on Public Policy.
January 26, 2012, amended, reported favorably _ Do Pass.
January 30, 2012, read second time, ordered engrossed. Engrossed; returned to second
reading.
January 31, 2012, reread second time, amended, ordered engrossed.
Reprinted
February 1, 2012
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
SENATE BILL No. 260
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-12-6-2; (12)SB0260.2.1. -->
SECTION 1. IC 22-12-6-2 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 2. (a) The statewide arson investigation financial assistance
fund is established to provide resources to:
(1) prosecuting attorneys;
(2) local police departments;
(3) the state police department;
(4) arson task forces;
(5) fire departments that have arson investigating teams or arson
task forces; and
(6) the division of fire and building safety established by
IC 10-19-7-1 for purposes of fire investigation.
(b) The department shall administer the fund.
(c) The fund consists of money deposited in the fund by the
executive director of the department. The department, the state fire
marshal, and the division of fire and building safety may accept gifts
and grants from any source to be deposited in the fund and to be used
for the purposes of this section.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SOURCE: IC 22-12-6-2.1; (12)SB0260.2.2. -->
SECTION 2. IC 22-12-6-2.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 2.1. (a) On July 1, 2012, all money in the statewide
arson investigation financial assistance fund established by section
2 of this chapter (before its repeal, effective July 1, 2012) is
transferred to the regional public safety training fund established
by IC 10-15-3-12.
(b) This section expires January 1, 2013.
SOURCE: IC 22-14-2-7; (12)SB0260.2.3. -->
SECTION 3. IC 22-14-2-7, AS AMENDED BY P.L.2-2007,
SECTION 308, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 7. (a) This section does not limit the
powers, rights, duties, and other responsibilities of municipal or county
governments or impose requirements affecting pension laws or any
other laws.
(b) This section does not require a member of a fire department to
be certified.
(c) The education board may:
(1) certify firefighting training and education programs that meet
the standards set by the education board;
(2) certify fire department instructors who meet the qualifications
set by the education board;
(3) direct research in the field of firefighting and fire prevention
and accept gifts and grants to direct this research;
(4) recommend curricula for advanced training courses and
seminars in fire science or fire engineering training to public and
private postsecondary educational institutions;
(5) certify fire service personnel and nonfire service personnel
who meet the qualifications set by the education board;
(6) require fire service personnel certified at any level to fulfill
continuing education requirements in order to maintain
certification;
(7) contract or cooperate with any person and adopt rules under
IC 4-22-2 to carry out
its the education board's responsibilities
under this section; or
(8) grant a variance to a rule the education board has adopted.
Rules described in subdivision (7) include emergency rules adopted
under IC 4-22-2-37.1 to adopt by reference all or part of the
applicable codes or standards of the National Fire Protection
Association.
(d) The education board may impose a reasonable fee for the
issuance of a certification described in subsection (c). The board shall
deposit the fee in the fire and building services fund established by
IC 22-12-6-1.
SOURCE: IC 22-15-5-12; (12)SB0260.2.4. -->
SECTION 4. IC 22-15-5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. (a)
After May 1,
2003, An individual may not act as an elevator mechanic unless the
individual holds an elevator mechanic license issued under this
chapter. A license is not required for an elevator apprentice.
(b) An individual who
is an applicant applies for an elevator
mechanic license
before July 1, 2014, must meet one (1) of the
following eligibility criteria:
(1) Hold an active elevator mechanic license issued by a state that
has a licensing program that is at least equivalent to the elevator
mechanic licensing program established under this chapter.
(2) Satisfy both of the following:
(A) Have at least one (1) of the following types of work
experience or training:
(i) Have at least three (3) years of documented work
experience in the elevator industry in construction,
maintenance, and service or repair.
(ii) Have at least eighteen (18) months experience in the
elevator industry in construction, maintenance, and service
or repair and have at least three (3) years experience in a
related field that is certified by a licensed elevator
contractor.
(iii) Complete an apprenticeship program that is registered
with the Bureau of Apprenticeship and Training of the
United States Department of Labor or a state apprenticeship
program and that the commission determines is at least
equivalent to three (3) years of work experience in the
elevator industry in construction, maintenance, and service
or repair.
(B) Successfully complete a written competency examination
approved by the commission.
(3) Successfully complete an elevator mechanic's program that
consists of a combination of extensive training and a
comprehensive examination that the commission has determined
is at least equivalent to both the work experience required under
subdivision (2)(A)(i) and the competency examination established
under subdivision (2)(B).
(4) Furnish acceptable proof to the department of:
(A) at least three (3) years work experience in the elevator
industry in construction, maintenance, service or repair; and
(B) current performance of the duties of an elevator mechanic
in Indiana without direct supervision.
and apply for the license on or before May 1, 2003.
(c) An individual who applies for an initial elevator mechanic
license after June 30, 2014, must meet one (1) of the following
eligibility criteria:
(1) Hold an active elevator mechanic license issued by a state
that has a licensing program that is at least equivalent to the
elevator mechanic licensing program established under this
chapter.
(2) Successfully complete one (1) of the following formal four
(4) year educational programs registered with the United
States Department of Labor, Bureau of Apprenticeship and
Training, including all required work experience and
examinations, designed specifically for the elevator industry:
(A) The National Elevator Industry Educational Program.
(B) The Certified Elevator Technician (CET) Educational
Certification Program developed by the National
Association of Elevator Contractors.
(c)
(1) Submit to the department an application provided by the
department that contains the following information:
(A) The name, business address, telephone number, and
electronic mail address of the applicant.
(B) Any other information the department requires.
(2) Submit to the department any proof of eligibility the
department requires.
(3) Pay the nonrefundable and nontransferable license fee
established under IC 22-12-6-6.
(4) Affirm under penalty of perjury that all information provided
to the department is true to the best of the applicant's knowledge
and belief.
(d) (e) An applicant for a renewal elevator mechanic license must
do the following:
(1) Submit to the department an application provided by the
department that contains the following information:
(A) The name, business address, telephone number, and
electronic mail address of the applicant.
(B) Any other information the department requires.
(2) Submit proof of completion of the continuing education
required by section 15 of this chapter.
(3) Pay the nonrefundable and nontransferable license fee
established under IC 22-12-6-6.
(4) Affirm under penalty of perjury that all information provided
to the department is true to the best of the applicant's knowledge
and belief.
(e) (f) An initial elevator mechanic license issued under this chapter
expires on December 31 of the second year after the license was issued.
as follows:
(1) For a license that was issued or renewed before July 1,
2012, on the second birthday of the licensee following the date
on which the license was issued or renewed.
(2) For a license that was issued or renewed after June 30,
2012, on the birthday of the licensee in the year following the
date on which the license was issued or renewed.
(f) A renewal of an elevator mechanic license is valid for two (2)
years.
(g) An individual engaged in the business of an elevator mechanic
shall carry the individual's license and present the license for inspection
by a representative of the department upon request.