Bill Text: IN SB0381 | 2012 | Regular Session | Introduced
Bill Title: Manufactured home installers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Commerce & Economic Development [SB0381 Detail]
Download: Indiana-2012-SB0381-Introduced.html
Citations Affected: IC 25-23.7.
Synopsis: Manufactured home installers. Requires a manufactured
home installer to place licensed installer safety decals in two locations
in each manufactured home installed after June 30, 2012. Requires a
utility that furnishes electric service to a manufactured home installed
after December 31, 2012, to submit a monthly report to the
manufactured home installers licensing board (board). Authorizes the
board to impose a fee of not more than $25 for each safety decal issued.
Establishes the licensed installer safety decal compliance fund.
Provides that the board administers the fund. Deposits the fees in the
fund. Makes a continuous appropriation.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Commerce & Economic
Development.
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A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations and to make an appropriation.
(1) enforce and administer this article;
(2) adopt rules under IC 4-22-2 for the administration and enforcement of this article, including competency standards and a code of ethics for licensed installers;
(3) prescribe the requirements for and the form of licenses issued or renewed under this article;
(4) issue, deny, suspend, and revoke licenses in accordance with this article;
(5) in accordance with IC 25-1-7, investigate and prosecute complaints involving licensees or individuals the board has reason to believe should be licensees, including complaints concerning the failure to comply with this article or rules adopted under this article, including the requirement under IC 25-23.7-9-1 to place licensed installer safety decals in manufactured homes;
(6) bring actions in the name of the state of Indiana in an appropriate circuit court to enforce compliance with this article or rules adopted under this article;
(7) establish fees in accordance with IC 25-1-8;
(8) inspect the records of a licensee in accordance with rules adopted by the board;
(9) conduct or designate a board member or other representative to conduct public hearings on any matter for which a hearing is required under this article and to exercise all powers granted under IC 4-21.5; and
(10) maintain the board's office, files, records, and property in the city of Indianapolis.
Chapter 9. Licensed Installer Safety Decals
Sec. 1. For purposes of this chapter, "utility" refers to a utility (as defined in IC 8-1-1.1-1):
(1) in whose service area a manufactured home is installed; and
(2) that furnishes light or power to the manufactured home.
Sec. 2. (a) A licensee shall place in each manufactured home installed after December 31, 2012, a licensed installer safety decal issued under section 3 of this chapter in the following locations:
(1) Inside the electrical panel or box that serves the manufactured home.
(2) Adjacent to the tag or label issued by the United States Department of Housing and Urban Development for the manufactured home, if available, or in a location designated by a utility.
(b) Beginning February 1, 2013, a utility shall submit to the board a monthly report that contains the following information for the immediately preceding month:
(1) Contact information, including name, address, and telephone number, for the tenant of each manufactured home installed after December 31, 2012, to which the utility furnishes light or power.
(2) A statement that the licensed installer safety decals described in subsection (a) are or are not properly displayed in the manufactured home.
Sec. 3. (a) The board shall design a licensed installer safety decal for placement in manufactured homes under section 2 of this
chapter. The licensed installer safety decal must include the
following information:
(1) A certification that the manufactured home is installed as
follows:
(A) For a new manufactured home, to the manufacturer's
installation instructions.
(B) For a used manufactured home:
(i) to the manufacturer's installation instructions, if
available; or
(ii) if the manufacturer's installation instructions are not
available, to the American National Standard Institute
(ANSI) standard A225.1.
(2) For a licensed installer safety decal placed in an electrical
panel or box under section 2(a)(1) of this chapter:
(A) the name of the licensee;
(B) the date of the installation; and
(C) the address at which the manufactured home is
installed on the date described in clause (B).
(b) The board shall:
(1) prescribe the form and manner in which a licensee may
apply for a licensed installer safety decal under this section,
including the maximum number of safety decals that a
licensee may request at one (1) time;
(2) impose and collect a fee of not more than twenty-five
dollars ($25) for each safety decal issued under this section.
(c) The board shall issue the requested number of licensed
installer safety decals to a licensee who completes an application
and pays the appropriate fee as determined by the board.
(d) The board shall deposit fees collected under subsection (b)(2)
in the licensed installer safety decal compliance fund established
under section 4 of this chapter.
(e) The board shall amend its rules as needed to comply with
this section.
Sec. 4. (a) The board shall implement a program to investigate
violations of section 2(a) of this chapter. If the board determines a
licensee has violated section 2(a) of this chapter, the board may
impose and collect a civil penalty of not more than one thousand
dollars ($1,000) against the licensee.
(b) The board shall deposit a civil penalty collected under
subsection (a) in the fund.
(c) A licensee who is investigated by the board and found by the
board to have violated section 2(a) of this chapter may appeal the
board's determination in accordance with IC 4-21.5.
Sec. 5. (a) The licensed installer safety decal compliance fund is
established to provide funds for administering and enforcing this
chapter, including implementing this chapter.
(b) The board shall administer the fund.
(c) The expenses of administering the fund shall be paid from
the money in the fund. The fund consists of:
(1) fees imposed and collected under section 3(b)(2) of this
chapter;
(2) civil penalties collected and assessed under section 4(a) of
this chapter; and
(3) money from any other source deposited in or appropriated
to the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(f) Money in the fund is continuously appropriated for the
purposes of the fund.
