HB 494 (BR 1503) - S. Riggs, D. Floyd, R. Henderson, T. Riner
AN ACT relating to radon professionals and making an appropriation therefor.
Create new sections of KRS Chapter 198B regarding the certification and regulation of radon measurement professionals, mitigation professionals, and radon laboratories; define terms; establish the Kentucky Board of Radon Professionals and its appointment and meeting procedures; delineate the powers and duties of the board; require the board to promulgate administrative regulations to administer and enforce the provisions of law including continuing education and examination requirements; require the board to promulgate administrative regulations for a quality assurance plan, mitigation, and measurement protocols; state additional powers of the board; include who is exempt from certification requirements; establish certification requirements for measurement professionals, mitigation professionals, and radon laboratories including the responsibilities of each certificate holder; require mitigation and measurement professionals to maintain general liability insurance coverage in the amount of $500,000; require mitigation and measurement professionals to maintain a license and permit bond during the term of certification in an amount of $10,000; include requirements for the display and advertising of a measurement or mitigation professional's certification number; require a person certified as both a measurement and mitigation professional who conducts post mitigation measurement on a building to recommend to the customer to have an independent evaluation; require a business entity to have an owner or employer associated with the business entity certified as a measurement or mitigation professional; establish requirements for annual renewal of certification; require board to promulgate administrative regulations for establishing an inactive certification status; authorize the board to grant reciprocity with other jurisdictions; discipline certificate holders for unprofessional conduct including a fine not to exceed $500; permit the board to institute proceedings in the Circuit Court of the county where the person resides for an injunction; provide a right of appeal in the Circuit Court of the county where the person resides in accordance with KRS Chapter 13B; require the board to maintain a registration program for all mitigation systems installations including the fee for these installations; include reporting requirements for measurement and mitigation professionals with times and format of reports to be promulgated by administrative regulation; establish a revolving fund to be used by the board for administrative and other purposes; amend KRS 211.855 to require the Cabinet for Health and Family Services to promote the control of radon in the Commonwealth and to design and administer, or participate in the design and administration of, education and research programs to ensure citizens are informed about the health risks associated with radon; repeal KRS 211.856, 211.857, and 211.858.
HB 494 - AMENDMENTS
HCS - Retain original provisions, except attach the Kentucky Board of Radon Professionals to the Cabinet for Health and Family Services rather than to the Office of Housing, Buildings and Construction; reduce the number of submitted names by the Kentucky Association of Radon Professionals to the Governor for appointments from 7 to 5; require the board to elect a chairperson and a vice chairperson rather than having the executive director of Housing, Buildings and Construction or his or her designee serve as chairperson; add under duties of the board the appointment of personnel to perform duties and fix their compensation through promulgation of an administrative regulation; add under board duties promoting the control of radon in the Commonwealth and designing or administering, or participating in the design and administration of educational and research programs; decrease the late renewal fee cap from $200 to $100 for radon measurement professionals, mitigation professionals, and for radon laboratories; require a person certified as both a measurement and mitigation professional who conducts post-mitigation measurement of a building he or she performed the mitigation of to provide a written statement to the customer the form of which is prescribed by administrative regulation; specify in Section 14 the 8 credit hours of continuing education required; increase fee from $50 to $100 for the registration of all mitigation system installations; include agent or inspector of the board shall have the power to enter upon the premises at all reasonable times to make an inspection; change terminology used in Section 7 from "authorized to conduct" insurance business to "permitted to transact" insurance business in the Commonwealth; add new subsection on reporting requirements for radon laboratories; repeal KRS 211.855.
HFA (1, S. Riggs) - Retain original provisions, except include a definition for "direct supervision" and "general supervision"; change terminology from known to controlled under the definition of "laboratory analysis" as the act of exposing radon or radon progeny devices to controlled concentrations of radon or radon progeny; add to the board a member that is a representative of the home building industry appointed by the Governor from a list of three names submitted by the Home Builders Association of Kentucky; delete language under board duties covered by language requiring the board to promulgate administrative regulations in accordance with KRS Chapter 13A to administer, coordinate, and enforce the provisions of this Act; require mitigation professionals, measurement professionals, and radon laboratories to be certified on or before July 1, 2011; delete language requiring measurement professionals, mitigation professionals, and radon laboratories ensure that information provided to the general public is accurate and current; delete language under reciprocity that the certification requirements of the other jurisdiction are substantially similar to the requirements of Sections 1 to 17 of this Act; under grounds for disciplinary action against certificate holders delete the requirement that disregarding and violating the law must be willful or deliberate; delete the requirement under grounds for disciplinary action that the certificate holder exhibits significant or repeated failure in the performance of professional duties; specify in continuing education section that establishing procedures of approval for a person or entity providing continuing education is for approval of individual courses; specify that eight continuing education hours are required each year without using language setting this as a minimum number of hours each year; specify that location requirements for record keeping within the Commonwealth or within 50 miles of the Commonwealth only applies to measurement or mitigation professionals.
Feb 24-introduced in House
Feb 26-to Licensing & Occupations (H)
Mar 9-posting waived
Mar 12-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 15-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Tuesday, March 16, 2010
Mar 17-floor amendment (1) filed to Committee Substitute
Mar 19-3rd reading, passed 86-5 with Committee Substitute, floor amendment (1)
Mar 22-received in Senate
Mar 24-to Licensing, Occupations & Administrative Regulations (S)