11RS HB247
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HB247

11RS

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HB 247 (BR 383) - S. Riggs, D. Floyd, T. Riner, R. Henderson, S. Santoro

     AN ACT relating to radon contractors and making an appropriation therefor.
     Create new sections of KRS Chapter 211 regarding the certification and regulation of radon measurement contractors, mitigation contractors, and radon laboratories; define terms; establish the Kentucky Radon Program Advisory Committee and its appointment and meeting procedures; delineate the powers and duties of the committee; establish who is exempt from certification requirements; establish certification requirements for measurement contractors, mitigation contractors, and radon laboratories including the responsibilities of each certificate holder; require mitigation contractors, measurement contractors, and radon laboratories to be certified on or before July 1, 2012; require mitigation and measurement contractors to maintain general liability insurance coverage in the amount of $500,000; require mitigation and measurement contractors 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 contractor's certification number; require a person certified as both a measurement and mitigation contractor who conducts post-mitigation measurement on a building in which he or she performed the mitigation to utilize an independent certified laboratory or measurement contractor; require a business entity to have an owner or employee associated with the business entity certified as a measurement or mitigation contractor; establish requirements for annual renewal of certification or radon laboratory; require the Cabinet for Health and Family Services to promulgate administrative regulations for establishing an inactive certification status; authorize the cabinet to grant reciprocity with other jurisdictions; discipline certificate holders for unprofessional conduct including a fine not to exceed $500; permit the cabinet 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 cabinet to promulgate administrative regulations on continuing education requirements; require the cabinet to maintain a registration program through promulgation of an administrative regulation for all mitigation systems installations including the fee for these installations; include reporting requirements for measurement and mitigation contractors with times and format of reports to be promulgated by administrative regulation; establish a trust and agency fund to be used by the cabinet for administrative and other purposes; amend KRS 211.855 to specify the powers and duties of the Cabinet for Health and Family Services; require the cabinet to promulgate administrative regulations to administer, coordinate, and enforce the provisions of this Act; require the cabinet to promulgate administrative regulations for a quality control program plan, mitigation, and measurement standard operating procedures; repeal KRS 211.856, 211.857, and 211.858; APPROPRIATION.

HB 247 - AMENDMENTS


     HCS - Change definition for "residential building" to mean 1 to 4 rather than 1 to 2 family dwellings not more than 3 stories in height; delete per diem fee of $50 per day for each member of the advisory committee other than the commissioner; delete language under advisory committee duties indicating the committee to assist the cabinet in addition to advising; delete language under advisory committee duties requiring that the committee have the opportunity to review and comment on administrative regulations and instead stating that the committee shall review and comment; delete "from the cabinet" language under exemptions to state more generally that no person or business entity shall conduct radon measurement, mitigation, or laboratory analysis without the appropriate certification; require measurement contractors to maintain errors and omissions coverage in an amount of at least $500,000.
     SCS - Prohibit a person or business entity from conducting radon measurement, mitigation, or laboratory analysis without the appropriate certification after January 1, 2013, rather than July 1, 2012; delete language requiring a person who is performing measurement on a residential or commercial building that he or she owns to conduct the measurement in accordance with measurement standard operating procedures established by the cabinet through promulgation of an administrative regulation; delete requirement for a radon measurement contractor to report all measurement information to the cabinet; delete requirement for a mitigation contractor to register each mitigation system installation; direct that mitigation systems repaired or altered after January 1, 2013, shall meet the mitigation standard operating procedures established by administrative regulation; delete requirement for a mitigation contractor to report all measurement and mitigation information to the cabinet; delete requirement for a radon laboratory to report all measurement and laboratory information to the cabinet; prohibit a person certified as both a measurement and mitigation contractor who conducts mitigation on a residential or commercial building from conducting measurement on that same building unless used for diagnostic purposes only; mandate that the results of any measurement conducted to determine the need for mitigation or the successful completion of mitigation activities shall be sent to the person providing the compensation for the mitigation by the independent measurement contractor conducting the measurement; delete requirement for cabinet to promulgate administrative regulations to establish a registration program for all mitigation systems installations; delete registration requirements for installation including the registration fee, reinspection fee, and display of registration number; delete prohibition against using a mitigation system not registered with the cabinet; authorize the cabinet to examine records of mitigation contractors, measurement contractors, and radon laboratories; delete requirement for measurement contractors, mitigation contractors, and radon laboratories to report at times prescribed by the cabinet by administrative regulation; amend KRS 227A.060 to authorize the Department of Housing, Buildings, and Construction to issue a master electrician license or an electrician license to an applicant who meets the years of verifiable experience since the applicant's sixteenth birthday; amend KRS 339.230 to specify that a minor who has passed his or her fourteenth birthday, but is under eighteen, may be permitted to work in a place of employment or occupation hazardous or injurious to the life, health, safety, or welfare of a minor only if certain requirements are met, including that the minor shall be at least sixteen, employed by a parent or person standing in place of a parent when working under adult supervision, and engaged in nonhazardous aspects of electrical trades.
     SCA (1/Title, J. Higdon) - Make title amendment.

     Feb 1-introduced in House
     Feb 2-to Licensing & Occupations (H)
     Feb 4-posted in committee
     Feb 9-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 10-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 11, 2011
     Feb 15-3rd reading, passed 85-12 with Committee Substitute
     Feb 16-received in Senate
     Feb 18-to Licensing, Occupations, & Administrative Regulations (S)
     Feb 25-taken from Licensing, Occupations, & Administrative Regulations (S); 1st reading; returned to Licensing, Occupations, & Administrative Regulations (S)
     Feb 28-taken from Licensing, Occupations, & Administrative Regulations (S); 2nd reading; returned to Licensing, Occupations, & Administrative Regulations (S)
     Mar 1-reported favorably, to Rules with Committee Substitute, committee amendment (1-title)
     Mar 2-posted for passage in the Consent Orders of the Day for Wednesday, March 2, 2011; 3rd reading, passed 37-0 with Committee Substitute, committee amendment (1-title)
     Mar 3-received in House
     Mar 4-posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title) ; House concurred in Senate Committee Substitute, committee amendment (1-title) ; passed 91-4; enrolled, signed by each presiding officer; delivered to Governor
     Mar 16-signed by Governor

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