-
1
or
2
1
3
~
:)
SECTIO:\" 12. IC 25·6,1·1·3 IS A:\IE;\DED TO READ AS FOLLOWS: Sec, 3. As
used in this article:
",-\uction" means a sale transaction conducted by means of oral or written exchanges
consi~t
between an auctioneer and the members of his audience. which exchanges
7
series of im'itations for offers for the purchase of goods or real estate made b:-' the
8
auctioneer and offers to purchase made by members of the audience and culminate in
9
the acceptance by the auctioneer of the highest or most favorable offer made by ;).
11
12
of
~1
(j
10
member of the participating audience.
"Auction company" means any person or persons who. as a part of its business.
arranges. manages. sponsors, advertises. or carries out auctions,
1:1
"Auction house" means an established place of business including an auction barn.
14
a sale barn. and a sale pavilion 'and its contiguous surroundings where two' (2) or more
1.')
auctions are held within any twelve (12) month period and where representations are
16
regularly made that goods are sold at auction, Each day during which goods or real
17
estate are being offered for sale at auction shall constitute one ( 1) auction, A sale barn
18
or livestock auction market that is used exclusively for the auctioning of livestock and
19
is licensed by the Indiana state board of animal health is not an auction house ·as
20
defined herein.
21
"Auctioneer" means an individual who is engaged in. or who by advertising or
22
othel'wisf~
2~
recognition of. a.nd the acceptance of offers for the purchase of goods or real estate at
24
an auction.
-
holds himself out as being available to engage in. the calling for. the
.")
_.")
"Commission" means the Indiana auctioneer commission,
26
"Goods" means any goods. wares. chattels. merchandise. or other
-,
~-
person~\l
property.
including domestic animals and farm products,
2'
"Licensee" means any person licensed or issued a temporary permit under thiS
20
article and. in the case of an auction house or auction compan:-·. Includes the person
;10
requirt!d to obtain a license for such auction house or auction company.
:n
"Organization" means a corporation. partnership. trust 1 specific.illy includmg a
, ..)
business trust I. firm, association, or any other form of business enterprise which is
d-
., ,
0")
:)4
,-
2) ha "e expired.
owned by two
12)
or more indi"iduals,
"Person" means an organizJ.tion or an indi"iduJ.l.
HB 17ti~DI 81
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"Real estate" means any right. title. or interest in real property including fixtures ...
:2
"Licensing agency" means the Indiana professional licensing agency established
3
.:I-
under IC 25-1-6.
SECTlO:'\ 13, IC 25-6,1-3-2. AS A:\IE:'\DED BY
P,L.~)-1990,
SECTlO:\ S"i. IS
_'\:\IE~DED TO READ AS FOLLOWS: Sec, 2, 'a' Every Indi\'ldual. before ~1.ctlng:lS ,to
6
7
auctioneer. must obtain a license from the commi:;;sion,
(b) An applicant must be at least eighteen (18) years of age and
8
conviction for:
9
(1)
mu~t
not hL1.\'e a
an act which would constitute a ground for disciplinary sanction under
10
Ie g(; e,l I 1.1: Ie 25·1·10; or
11
(2) a felony that has a direct bearing on the applicant's ability to practice
1:2
competently.
13
(c) An individual seeking an initial license as an auctioneer under this article shall file
14
with the commission a completed application on the form prescribed by the commission.
15
When filing an initial application for an auctioneer license. e:lch individual shall:
16
(11 pay a nonrefundable examination fee of thirty-five dollars ($35 J:
17
(2)
18
and
19
(3)
20
each other. who are residents of Indiana. recommending that the applicant be
21
licensed as an auctioneer.
22
pay a surcharge under IC 25-6.1-8 for deposit in the auctioneer recovery fund:
provide the statements of two
(2)
individuals. not related to the applicant or to
(d) When filing an application for a renewal of an auctioneer license. each individual
shall:
( 1) file with the commission a completed application on the form prescribed by the
commission; and
(21
pay the license fee prescribed by section 5 of this chapter.
Ie! Cpon the receipt of a completed application for an Initial or a renewal license, the
commission shall examine the applicatlon and wrify the lnformatlon cont;:uned therein,
29
tf! An applicant who is seeking an initial license must pass an examination prepared
30
and administered by the commission. The commission shall hold exammations as the
:n
commission may prescribe. The examination for an auctioneer's license shall include
:12
questions on the applicant's:
I
1) ability to read and \\Tite:
121
knowledge of the value of real est;lte and of various goods commonly sold
HB 1768 Dl
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an auction:
:2
,:3\ a.bility to call bids:
;1
'41 knowledge of sale preparation and propel' sale advertising and sale summar:-.:
·1
':)' knowledge of mathematics: and
:}
16, knowledge of the provisions of this article and the comml~sion'" regulations.
i)
iFlsi"'istltll ~ ftH+;;.~ ~ ~ ~ Jtteee.~3ive e"HffiiFltltlE:lFl~ _1ciffiini.tcred ~
7
~
H
~ ~ ~ ~ ~-et ~ iAai."iattal's ~ ~ fe:ilttf'e.
0
eaRuf'lissian ~
~
~
eligiBle t&
~
tiAather e:etlfl'lifHHien ttf'IotH
~
e:<f3in:ltieA ~
~
(g) The commission shall issue an auctioneer's license, in such form as It may
10
prescribt'. to each indi'"idual ,,\'ho meets all of the requirements for licensing and
11
the appropriate fees,
12
++t (h) Auctioneer licenses shall be issued for a tel'm of two
12!
pa~'s
years, A license expires
1:3
at midnight, February 28 of the next even-numbet'ed year following the year in which
14
the license is issued. unless renewed before that date, Renewal applications shall be filed
1.5
with the commission not later than January 15 of the year the license expires, If the
16
license h3.s expired. it may be reinstated not more than one I 1) year after the date it
17
expired upon the payment of the renewal fee plus the :ium of twenty-five dollars 1$251,
lR
If the license has expired for a period of more than one
1~
an application and take the required examination, The holder of an expired license shall
20
cease to display the original wall certificate at the holder's place of business and shall
21
return the wall certificate to the commission upon notification by the commission of the
22
expiration of the holder's license.
:2 :1
~ (i)
(1)
year. the person must file
The commission ma.\' waive the requirement that a nonresident applicant pass
2-1
an examination and that the nonresident submit written statements by two 121
2.'i
individuals. if the nonresident applicant:
11)
11)
-.
'.:2, submits with the applicatiun a dul.v certified letter of certlficatlon
2"
licensing board of the applicant's domiciliary state:
20
(3) is a resident of a state whose licensing requirements are substantially
:)0
equal to the requirements of Indiana;
:11
(4) is a resident of a state that grants the same privileges to the licensees
'\ 0)
,,-
of Indiana; and
;~ :~
~
~-I
commenced against the applicant. The
)-
,-
~~
is licensed to act as an auctioneer in the state of the applicant's domicile:
Is~ut'd
b:' the
~
(5) includes with the application an IITe\'ocable consent thJ.t actions mJ.Y be
HB 1 i68:Dl
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1
10
con~t:'nt
shall stipulate thJ.t
~t'r\'lt:e
of
CC.:'\o,05' 1991 .
•
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1
process or pleadings on the commission shall
taken and held in all courts as"
2
valid and binding as if sen'ice of process had been made upon the applicant
3
personally within this state, If any process or pleading mentioned in this
;:.ubsection is served upon the commission. it shall be by duplicate copies, One I 11
;)
of the duplicate copies shall be filed in the office of the commission and one' 11
6
shall be
7
to the applicant against whom the process or pleadings are directed.
imm~diately
forwJ.rded by the commission by rE'gistered or certified mail
(j) The commission may enter into a reciprocal agreement with another state
9
10
concerning nonresident applicants.
Ik) The commission may. for good cause shown. upon the receipt of an application for
reasonabl~
11
a license. issue a temporary permit for such
12
( 11 year, as the commission deems appropriate. A temporary per'mit has the same effect
13
as a license and entitles and subjects the permittee to the same rights and obligations
14
as if he had obtained a license.·
1.5
(l) An applicant for a temporary permit must do the following:
10
(1) File an examination application.
17
(2) Pass the examination at one
18
examinations.
19
20
21
22
period of time. not to exceed one
(1)
of the next two (2) regularly scheduled
(m) An individual who does not pass the examination required under
subsection (l) may not be issued a temporary permit.
SECTION 14. IC 25-6.1-8-2, AS
AME~DED
BY P.L.143-1990, SECTION 2, IS
A:\IE!\jDED TO READ AS FOLLOWS: Sec. 2. fa) If the total amount in the auctioneer
recovery fund (including principal and interest! is less than three hundred sixty
thousand dollars 1.$360.000) on June 30 in an odd-numbered year after the
paym~nt
of
')
-:)
-
all claims and expenses, the auctioneer commission shall assess a surcharge according
26
to the follo\'I.·ing formula in order to maintain the fund at an approximate level of four
-,-,
hundred thousand dollars 1$400.0001:
STEP O:\E: Determine the amount remaining in the fund on June :30 of the
current year after all expenses and claims have been paid.
:;0
STEP TWO: Subtract the amount determined under STEP
;: 1
hundred thousand dollars ($400.000).
O~E
from four
STEP THREE: Detet'mine the number of licensees who had licenses in
.....
'.,-J
)
eff~ct
on
June 30 of the current year.
STEP FOL"R: Divide the number determined under STEP TWO by the number
HB 1768:DI 81
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1
2
3
1b,
The .1uctioneer commission shall assess the
re'~eives
,1
:)
1:2 reC€J\res a renewal license: or
6
(3) receives a temporarJ permit.
(C)
an initial license:
for the two
9
the next odd-numbered year.
11
12
13
described in ::'lIbsection . a'
tM'
The auctioneer commission shall assess the surcharge described in ::.ubsection . al
8
10
surch~lrge
against each licensee who:
4
7
12)
year period beginning on July 1 of the current year through J line ;30 of
id I The surcharge assessed under this section is in addition to any other fee under
this article.
SECTIO:\' 15. IC 25-7-1-1 IS A:\lE~DED TO READ AS FOLLOWS: Sec. 1. :\
person m.J.Y not:
14
( 1) practice barbering in this state without a certificate of registration as a
1.5
registered barber. issued under this chapter
16
121
17
personal supervision and management of a registered barbering instructor:
IE'
(31
19
supervision and management of a registered barber:
20
(4) employ, use, or allow a person to practice barbering in a barber shop
21
who does not have a certificate of registration as a registered barber issued
22
by the board under this chapter;
23
'-4-+ (5) act or attempt to act as a barbering instructor without an Indiana
:24
certificate of registration as a registered barbering instructor issued by the board
:2 .j
of barber examiners: or
:26
...;.. (6)
)-
1":"
b~'
the board:
operate a school of barbering. unless it is at all times operated under the
operate a barber shop. unless it is at all times operated under the personal
employ or use barbering instructors as teachers in a
harb~r ~chool
other
than thost:' harber-ing instructors registered under thIS chapter.
SECTIO:'\ 16. IC 2.5-7-1--+ IS A:\lE:\DED TO READ AS FOLLOWS: St:'c. -+.
'J.
:\0
20
school of barbering shall be approved by the board unless it reqUIres as a prerequlsltt:'
:;0
to graduation a course of instruction of not less than one thousand five hundred' 1..500 I
1
hours of tratning on the premises of an appro\'ed school for barbering. The COUI'St:' of
:~
, ·1
".").,
-
determined under STEP THREE.
instructIon must include thl:! following subjects:
• J.)
111
Scientific fund;lmentals for b;lrbering. hygiene. and
:";4
12;
Histology of the hair. skin. muscles. and nerves.
HB 176R·DI
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bact~riology .
CC.:\0.0.51901
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1
131
Structure of the head, face, and neck.
2
1,* 1
Elementary chemistry relating to sterilization and antiseptics.
3
, :) I
Diseases of the hair and glands. massaging. and manipulating of the muscles.
~
,6 Cutting. sha\'ing. arranging, dl'essing, colol'ing, bleaching, and tinting of the
,')
hail'. which shall include at least ten i 101 hours of study on "kin and disease:;, of
6
the skin, t:l1'l€h:,. eo eeniAes sen'f'ltHfllegist.
7
8
I,b) The board shall issue. renew. or restore a barber school license upon payment of
the appropriate fee.
9
IC) A school of barbering shall report the total number of hours of instruction that a
10
student has received at the school to the board within seven Ii) days of the date that
11
the school expels the student or the student discontinul:!s the student's training at the
12
school.
13
14
(d) The' board shall adopt rules under IC 4-22-2 that specify when a school may
conduct:
11 classroom instruction: and
1.')
I
16
\ 2) sessions in which a student engagl:!s in thl:! practice of barbl:!ring:
17
without the pl'esence of a registered barbering instructor. The rules may set minimum
18
qualificat.ions for a person who substitutes for an absent registered barbering instructor.
19
Ie) The board may adopt a rule under IC 4-22-2 that prohibits a person from
20
engaging in the private practice ofbarbering during classroom or school hours when the
21
person is employed by the school as a registered barbering instructor.
22
SECTION 17. Ie 25-7-1-5 IS AMENDED TO READ AS FOLLOWS: Sec. 5.
(a)
To
qualify for a certificate of registration to pt':lctice as a registered barber. an applicant
must:
25
either:
11)
26
: A I be at least eighteen I lSI years of age: or
.,-,
I
B 1 be at least seventeen I 171 years of age and be a graduate of an accredited
high school:
121 not have been convicted of:
an act which would constitute a ground fOl' disciplinal'Y sanction under
:10
(A)
:\1
seetiel'l +6.+ ~ Htts
IBI
eAIi~ter:
a felony that has
;l
Ie 25-1-10; or
direct bearing on the applicant's .lbility to practice
competently:
I~ 1
have graduated from an approved school of barbering with not le!os than one
HB 1768:D1 Sl
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thousand five hundred (1.5001 hours of training: :.lnd
2
'~I
3
pr'actice barbering with a score that is at least equal to the minimum passing score
~
set by the board,
ha ve passed an examinatIOn provided by the board
,b An ;lpplic:.lnt for a certific:.lte of registration
to
practice
to
;15
determine the fitness to
a registered b;:u'ber who
6
fails to P:::5S the examination required by the board may. within ninety '90' days ..lfter
7
the date of the examination. file a new application to take the examination :lnd pay the
8
required fee. If the applicant fails to apply within the ninety (90) day period. or fails to
9
pass an examination. then the applicant shall not be permitted to file a new application
10
until after completing two hundred fifty (2.')01 additional hours of tr:.lining
11
approved school of barbering.
12
13
SECTIO~
In
an
18. IC 25-7-1-7 IS A:\IENDED TO READ AS FOLLOWS: Sec. 7. (a) Any
person who:
is at least eighteen ( 18! years of age:
14
(1)
15
(2,1 has not been convicted of:
5eeti~f1
16
\ A I :ln act which would constitute :.l ground for disciplinary action under
17
~-ef ~
18
(BI a felony that has a direct bearing on his ability to practice competently: and
19
(3) has a license or certificate of registration as a practicing barber from another
20
state or country which:
eRliJ:lter: Ie 25-1-10; or
21'
(A) has substantially the same requirements for licensing or registering barbers
22
as are required by this chapter; and
(B) grants the same privilege to the licensees of Indiana;
2~
may be issued :l barber certificate by the board witk8tH
tHt t:!tSA'lIAtltiel'l
upon payment
of the required fee.
26
(b) If the jurisdiction issuing the license does not impose substantially equal
,,-
requirements as required under subsection (a)(3HA). the board may approve the
_I
combination of education hours plus actual licensed practice in the other
29
jurisdiction when issuing a license to a person from that jurisdiction. One (1)
:30
year of licensed practice is equal to one hundred (100) hours of education to an
;; 1
applicant who has completed a minimum of one thousand (1,000) hours of
. ) .J
education .
"-
:; :~
(c) The board by rule may require an applicant under subsection (a) to pass
an examination to determine the applicant's fitness to practice barbering.
HB
176~
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CC.:-':0.051991
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SECTIO~
1
2
19. IC 25-7-1-13 IS
AME~DED
TO READ AS FOLLOWS: Sec. 8. Any'
person who desires to practice barbering shall:
file with the secretary of the board:
1 1I
:3
,..;., a written application. under oath. on a form prescribed by the board:
B, two 12, fi\-e
I
I.!) I
inch by three
'~1
, inch signed photogr.lphs of the applic.lnt:
and
6
I CI
a statement that the applicant has not been convicted of:
R
(i) an act which would constitute a ground for disciplinary action under
9
seef:ieA -!H.&f t:ftts eAtlJner:
Ie
25·1.10; or
10
(iii a felony that has a direct bearing on his ability to practice competently:
11
and
f...lrnish the board with a certificate from an Indiana licensed physician selected
12
(2)
13
from a list of physicians of the county- of the applicant. furnished by the board
14
showing:
1.')
(AI
16
disease: and
17
IE) including the results of tubercular and Wasserman tests.
that the applicant is free from any contagious. infectious, or communicable
18
The certificate required by subdivision 121 must be dated less than thirty (301 days prior
19
to the date that the applicant is examined under section 9 of this chapter.
SECTIO:"r 20. IC 25-7-1-13 IS AMENDED TO READ AS FOLLOWS: Sec.
20
21
1~. laj
All licenses issued or renewed by the board under this chapter other than barber
school licenses shall be valid for a four
01
(41
year period unless the license is )'evoked
suspended by action of the board. The board may:
11, collect fees annually' for all licenses: or
.)
-
12) collect fees for four
_'J
14 I
years in advance at the annual fee rate, but stagger the
renewal schedule of all holders of licenses so that
approximatel~-
one-fourth 11-+ I
will be subject to renewal each year.
I
b' The board shall charge and collect the follOWing fees:
11, For the examinatlon of an applicant for a ct!rtificate to practice a:=, a bal'ber. not
:10
less than thirty dollars 1$301 but not more than fifty dollars 1$·'j01.
1.2) For issuance of the certificates to resident and nonresident applicants. ten
"-
'"'1.-,
dollars 1$10 I per annum.
.,.)
I;) I
f,.")
For renewal of the certificate to pr;.lctice as a barbt!r. ten dollars
1;1;
101 per
annum.
HB 1768:DI S 1
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,41 For restoration of an expired barber certificate. ~ ten dollars ~ (8 to)
2
plus all unpaid renewal fees if payment is made not more than thirty (30)
days after expiration of the certificate to practice as a barber.
15)
For restoration of an expired barher certificate. fifty dollars (850) plus
all unpaid renewal fees if payment is made after thirty (30) days and less
;)
than one hundred eighty-one (181) days after expiration of the certificate
to practice as a barber.
7
(6) For restoration of an expired barber certificate. one hundred dollars
(8100) plus all unpaid renewal fees if payment is made at least one hundred
10
eighty-one (181) days after expit'ation of the certificate to practice as a
11
barber.
12
,-
1C I
A duplicate certificolte or permit shall be issued upon:
13
11) the filing of a statement covering the loss of a certificate. verified by the oath
14
of the applicant:
1."i
i
16
, :1, the payment of a fee of ten dollars ($10 I.
2 I the submitting of one (11 signed photograph: :lnd
~
~
~~
17
Each duplicate certificate must
18
Hte eertifieate. tlfl& bear the same number as the certificate that it was issued to
19
replace.
Hte W&t'& "Dt:lJ:!lietite" st8:MJ:!eEl
Hte
20
Id I The board shall issue a quadrennial license for the operation of each barber shop
21
in Indiana and shall collect from the proprietor or operator of the barber shop a license
22
fee of forty dollars ($401 pa:,>'able in ad\'ance. For restoration of an expired shop license
the board shall collect:
, 11 ten dollars 1$10 I plus all unpaid renewal fees if payment is made thirt:,>· ,30 I
25
days or less after l'eceiJ:!t.&f ..... rittefl
26
license:
~ ~ ~ ~
.&f expiration of the
2' fifty dollars ($50, plus all unpaid renewal fees if payment
IS
made more
than thirty 130 I days and less than one hundred eighty-one ,1 F.l' dJ:-'s after
reeei~t ~
..... "iHeA
~ ~ ~ ~.&f
expiroltion of the license: or
JO
131 one hundred dollars 1$100' plus all unpaid renewal fees if payment is made
:; 1
one hundred eighty-one I IS 1i days or more and less than one hundred ninety-two
,~
J
". \.,
.).)
,192, days olfter ft'eeiflt .&f ..... 'iHeft
~ ~
w
~ ~
explr.Hion of the
license .
.-\ shop Iict;!nse molY not be restored one hundred nin!!ty-two 1192 i days or more olfter
HB 1 '68·'DI
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CC.:'\0.05 1~91
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fFefft tofte
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peeeiJjt -ef wFitteA
2
barber shop may obtain a new license by making application, meeting the
.
requirements for licensure, and paying a fee of one hundred forty dollars (8140) .
')
oJ
-ef expiration of the license. However, the"
'e Befort- issuing an initial shop license to any applicant not
I
pre\'iousl~'
licensed to
;)
operdt€ d b ..uber shop at the location de~cribed
b
the proposed shop. its location. and surroundings inspected to determine that .111
7
sanitary pl"actices and rules of the board have been observed.
~ +fte
9
10
~
E1l:1asreAAial eaFeer ~ lieeAses
In
~ be
his applic:.ltion. the board :>h<lll h,,\"t~
fe¥s\{es
~
susJjeAses ~ ~-ef ~
sl:1ejeet ~ seetiAA ++-ef ~ eAafner fe.t. ~ '/islatisAs -ef ~ huiiaAa etlree r
~ (t)
~
The board shall collect the following:
11
(11 From every applicant for barbering instructor, a fee of fifty dollars 1$:50 1 before
12
,')
1.1
allowing the applicant to take the examination required by this chapter.
14
dollars ($20\ per annum.
1.')
(3)
16
dollars 1$7:51 plus all unpaid renewal fees.
17
! 4)
18
($150\ per annum.
19
(5)
(2) For the renewal of the certificate to practice as a barbering instructor, twenty
For restoration of an expired barbering instructor certificate. seventy-five
For issuance or renewal of a barber school license. one hundred fifty dollars
For restoration of an expired barber school license:
20
IA) three hundred dollars ($300) plus all unpaid renewal fees if payment is
21
made thirty (30) days or less after peeeiJjt-ef wpitteR
22
expiration of the license;
I.
~
fFefft
w~-ef
B'I four hundred fifty dollars ($4501 plus all unpaid renewal fees ifpa!'ment
IS
made more than thirty 130 I days and less than one hundred eighty-one 1.1 S 11
days after
reeei~{ ~
writteA
~ ~ ~ ~-ef
expiration of the license:
or
-,-
.)
1('
fiw hundred dollars
1$.')001
plus all unpaid renewal fees if payment
l~
made one hundred eighty-one' 18. I' da!'s or more. and les::, th,ln one hundred
ninety-two 11921 days. after
:10
...
n!el:!l~t
-ef YTittl:!A
~ ~ ~ ~ ~
expiration of the license.
A barber school license may not be restored one hundred ninety-two ( 1921 days or more
)
"-
;lfter
reeei~l-ef
.... rilleA
~ ~ ~ ~-e+ t'xpiration
of the license. However, the
barber school may obtain a new license by making application, meeting the
requirements for licensure, and paying a fee uf four hundred dollars (8400).
HB 176·,,0[
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((So.0.)·1991
•
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:3
4
of any address change within thirty 130, days of the date of the change.
(h) Barher school licenses issued or renewed by the hoard under this article
are valid for two (2) years.
:)
SECTIO);" 21. lC 2.5-7-1-14 IS A:\lE);"DED TO READ .-\S FOLLO\\'S: Sec. l·L 'a'
f)
Every registered barber and every registered barbering instructor who continues in
7
active practice or service shall, every four
R
September 1 of the fourth year of the license, renew his certificate of registration and
9
pa:v the required fee.
10
11
12
IbI
(4)
years on or before
~ ~ ~ ~
Every certificate of registration which has not been renawed in any year shall
expire on the first day of September in that year.
IC)
An expired barber certificate of registration may be restored by payment of the
13
restoration fee plus aU unpaid renewal fees within five
14-
date of the cel·tificate of registration. After five
l;j
barber's registration expires under this section. the person whose registration has
16
expired may re!;tore the registration only by:
(5)
I.'))
years of the expiration
years from the date that a registered
17
~ 1)
lEI
(2) paying the fee set under !;ection 13 of this chapter; and
19
(3) taking the same examination required under section 5 of this chapter for an
20
applicant for a certificate of registration to practice as a registered barber.
applying for its restoration:
21
(d)'Each licensed barber shop shall, every four (4) years before September 2
22
of the fourth year of the license, renew the barber shop's license and pay the
2:\
required fee.
:2-1
(el Each licensed barber school shall, every two (2) years before July 2 of the
:2.')
second year of the license, renew the harber school's license and pay the
2fi
required fee.
.,-,
SECTIO:--: 22. IC 25·7-1-24 IS A:\IE);"DED TO READ AS FOLLOWS: Sec. 2-1. ,a'
~~
E.lch member of the board shall receiw a salary per diem for each day actually
20
employed in the discharge of his official duties, and his necessary expenses incurred
:)0
therein. All reimbursements for travel expenses shall be made in accordance with travel
31
policies and procedures established by the Indiana department of administration and
:12
the
.,,"'
.)"
:)-1
-
+ft.+ (g) All license holders under this eASl'lter article must inform the board by mai~
I
~
budget agency.
b I The licensing agency shall provide ::;tlf+ielt:!At registt!I't!6 ecll'et!l'
~ ~ ~ eAgclgeEi .tft ~ ~ I'Ittlelit!t! ~ esret!riAg:
HB 1768, D1 81
-.
?"'"
Hw
Eif:?~l:Itif:?s.
tttt ~
~ ~ ~ 4-0 ~
Cc. ;\io. 05, 1991 .
•
1
inspectors or licensing agency staff to carry out the provisions of this chapter!
2
HeWe\·ef. All such aeJluties inspectors shall work under the direct supervision of the
:3
~agency.
4
.J
SECTIO:\ 23. IC 25-7-1-26 [S :\:\IE:\"DED TO READ AS FOLLOWS: Sec. :26. (a)
'Each of the following is unlawful:
(1) For any barber knowingly to continue the practice of bal·bering. or for any
6
"1:t-"'
7
student knowingly to continue as a student in any school of barbering. while the
8
person has an infectious. contagious. or communicable disease.
9
~
10
11
(2) To own. manage. operate. or control any barber shop or school ofbarbering.
unless continuously hot and cold running water is
~feviae~
in the shop or school.
-tf availaele.
12
~
13
portion thereof. whether connected therewith or in a separate building. wherein
14
the practice of barbering .is engaged in or carried on unless all entrances to the
Fi
place wherein the practice of barbering is so engaged in or carried on shall display
16
a sign indicating that the work therein is done by students exclusively.
17
~
18
displays a recognizable sign indicating that it is a barber shop. which sign shall be
19
clearly visible at the main entrance to the shop.
20
~
21
same has been relaundered.
22
;:.A (6) Not to provide the headrest on each chair with a relaundered towel or a
28
sheet of clean paper for each patron.
24
~
2;j
so that the hair-cloth does not come in contact with the neck or skin of the patron's
26
._ I
body.
.,-
..fl.,.
(3) To own, manage. operate. or contl'ol any barber school or college. part or
(4) To own, manage. control. or operate any barber shop unless the shop
(5) To use a towel that is used on one
(7)
~ot
to place around the
patron'~
(1)
patron. on another patron unless the
neck a strip of cotton. towel. or neck b;.lnd
(8) To use in the practice of barbering any
~t~'ptic
pencils. finger bowls .
sponges. lump alum. or powder puffs. PossessIOn of ;.l styptic pencil. finger bowl.
i~
29
sponge. lump alum. or powder puff in ;.l barber shop
pnma f;lcie evidence that
:10
the same is being used therein in the practice of barbering.
f++ (9) To use on any patron any razors. scissors. tweezers, combs. rubber discs.
or parts of vibr;ltors
u~ed
on another person.
llnles~
the same be kept
to
a
clo~ed
compartment and immersed in boiling water or in a solution of two percent' Yc'
carbolic acid, or its equi\· ..\lent. for at least twenty '.20) minutes before use upon
HB 1768:01 81
2S
CC.;-";0.05, 1991
-
1
2
each client or customer.
(b) The state board of barber examiners may adopt other rules under Ie ,*-22-2.
including other sanitary requirements, to supplement the standards in this section or
to carry out this chapter.
.J
(c) :\othing in thIs section prohibits
111
7
12)
is licensed under this
~lrticle:
;l
person that:
and
is solicited through a barber shop licensed under this article to ddi\'er
barbering services to an individual:
9
10
resides or is confined.
11
SECTION 24. [C 25-7-2-2 IS A:\[E:'\DED TO READ AS FOLLOWS: Sec. 2. For
12
violation of this chapter or of any rule issued under this chapter. the board may decline
13
to grant a barber's lieeAse
14
registration." .
1 :j
16
-
from providing barbering sel'vices to the individual in the place where the individual
&f'
fft!t:Y 5t1S~eAe
&f'
Fe'l6lie
~
lieeAse
9t'
certificate of
Beginning on page l. line 1, renumber SECTIO:\S 1 through 40 as SECTIO;\S 25
through 64.
Ii
Page 14. between lines 41 and 42. begin a new paragraph and insert the following:
IS
"SECTION 65. IC 2.5-8-14-1 IS
19
AME~DED
TO READ AS FOLLOWS: Sec. 1. The
board may under IC 4-21.5:
20
(1)
refuse to issue, renew, or restore a license issued under this article: or
21
(2)
suspend or revoke a license issued under this article;
2'2
if it determines that the applicant or license holder has not complied with seeti6A 2
*
l.ftts eAa~ter. Ie 25·1·10 ....
Page 14. line 42. renumber
SECTIO~
41 as
SECTIO~
66.
Page 15. line i. berore "contagious" insert in bold "a".
26
Page
1:).
line 8. berore "communicable" insert in bold "a".
Page 1.). between lines 8 and 9. begin a new paragraph and msen the following:
"SECTIO:--'; 67. IC 25-9-1-22.5 IS A:'.IE:\"DED TO READ AS FOLLOWS: Sec. 2:2.').
Every person. club, corporatIOn. or association holding or showmg any boxmg. spaning.
:10
or wl'estimg matches on a closed circuit telecast or subscription telension viewed within
:11
this state. whether originating WIthin this state or another state. and including paid
per view cable telecasts. shall furnish the Indiana professional licensing ;lgency
dC 25-1-61 a written report. under oath. stating the exact number of tickets or
subscriptions sold for such showing and the amount of gross proceeds thereof. ;lnci
HB 1 76S'DI 81
29
•
f:eUF~"
1
such othe::- matter as the commission rna:" prescribe. and shall. within tweRt:o·
2
seventy-two (72) hours after the showing of said contest. pay to the state treasury a
~
tax of ten percent (lOc.c) of its total gross receipts from the :.ale of tickets or
4
subscriptions for the showing of said boxing, sparring. or wrestling match. :\[oney
derived from such state tax shall be plac~d in the general fund of the state.
6
7
SECTIO~ 6~.
Ie
2.5-1.j-8-1 IS .-\:\[E:\DED TO READ AS FOLLO\VS: Sec. 1. A
licensee that:
8
( 1) promotes or participates
9
association. burial certificate plan. or burial membership plan:
In
a scheme or plan in the nature of a burial
10
12 J after an individual ha:. died. personally or through an agent solicits. makes. or
11
offers to make a direct or indirect payment of a commis:.ion for the purpose of
12
securing the individual's human remains;
13
(3) fails to
14
demand from the person legally entitled to custody of the human remains:
promptl~'
surrender possession of human remains after recei\'ing a
141
transports or disposes of human remains without a permit required by law:
16
I.j)
takes posse:.sion of human remains without authorization from the person
17
legally entitled to custody of the human remains;
1~
t6)
19
alternative container, or outer burial container; or
20
(7) shows a casket. alternative container, or outer burial container to a consumer
21
if the casket. alternative container, or outer burial container does not have a
22
conspicuously displayed card or brochure that lists the price of the casket.
makes a misleading claim concerning the protective qualities of a casket.
;!ltemative container. or outer burial container and briefly describes the casket.
24
alternative containel'. or outer burial container:
may be disciplined under seetisR H-&+ HHs
SECTIO:\ 69. IC 25-15-8-1.:5 IS
.,-,
The board ma:-' discipline
3.
eAIi~ter.
.-\l\IE~DED
IC 25-1-10.
TO READ AS FOLLOW'S: Sec. 1.:5.
licensee under .. eetisFl +4--&+ HHs
d'ld~ter
IC 25-1-10 If th:lt
licensee displays to the public credentials issued by the board that:
:10
:1 1
11\
have been revoked by the board: or
12)
have expired.
SECTIO~
70. IC 25·1·5·8·2 IS
A~IE~DED
TO READ AS FOLLOWS: Sec. 2. A
funeral home licensee who:
( 1 J operates a funeral home in the same location as another funer;!l home licensee:
12)
oper;!tes a funeral home at any loc;!tion without a separate funeral
HB 176S:DI R1
30
CC.~0.05
hom~
1991
licens~
2
\ 3! operates a funeral home without a manager who:
B, hJ.s filed an affida.\"it with the boal'd acknowledging that the indi\'idual is
4
tne manager of the funeral
:)
hom~:
operates a funeral home without ha\'ing a funer;J.I director either perform or
6
141
7
directly supervise each act of funel'al service performed for the funeral home:
8
(51
9
home licensee and the certificate of licensure or a duplicate original of the
10
certificate of licensure issued to the funeral director managing the funeral home
11
in a public area of the funeral home:
12
(61
fails to conspicuously display the certificate of licensure issued to the funeral
fails to annually report to the board:
1:3
tAl
14
address of residence of-the funeral home licensee;
15
IBI
16
(C I if the licensee is not an individual, the names and principal addresses of
17
residences of the directors or other executive officers of the funeral home
18
licensee:
19
(D)
the name of the manager in charge of the funeral home;
20
(E I
the name and principal address of residence of each practitioner that has
21
engaged in the practice of funeral services for the funeral home in the preceding
22
twelve
./.)
_oJ
for the funeral home: and
24
, F I any other information required by the board:
if the licensee is an individual, the name of the funeral home and principal
the location of the funeral home:
(12)
months and the period of time during which the practitioner worked
2·')
(7 I uses or knowingly cooperates in the use of fraud or material deception to obtain
2b
a license to practice funeral service or operate a funeral home:
-
-'
if., engages in fraud or material deception in the course of operating
2~
home or delivering funeral goods or funeral services to a consumer:
2'J
(9, advertises funeral services or funeral goods in a false or misleading manner:
.10
\ 101 is convicted of a crime that has a direct bearing on the licensee's ability to
:)1
operate a funeral home competently:
." .)
"-
I
.),)
.J·1
connection with any individual who is not trained. experienced. or competent in the
:~4
practice of funeral sen'ice: or
.)
-
for that location:
,A I has a funeral director license: and
3
.-
,
1
3.
funeral
II, allows the licenst:!e's name or Iicen::;e i!:;sued under this article to be used
HB 1761"01 81
CC.~0.05·
In
1991
1
(121 knowingly violates any rule of construction. equipping. or operation for"
2
funeral homes adopted by the board under IC 25-15-3-7:
3
may be disciplined under seetiaFl
SECT[O~
+4-'* ~ eka:!Her. IC 25-1-10.
71. IC 25-15-"'-4 IS
A:\IE~DED
TO READ AS FOLLo\rS: Sec. -t. A
.J
practitIOner who, when :,elling or offering to sell funeral goods or funeral sen'ices to a
6
consumer. fails to:
7
(1) act compassionately;
8
(2)
9
,'3) answer questions. including telephone inquiries, accurately and to the
disclose prices related to arranging a funeral;
10
reasonable 5atisfaction of the inquiring person:
11
(4)
12
may be desirable if viewing or visitation precedes disposition;
13
(.5)
explain which outer burial containers meet cemetery requirements. if any;
14
(6)
explain requirements. including cremation requirements, for caskets and other
disclose that embalming human remains is not always required by law but
alternative containers; or
16
(7)
disclose whether the cash advance price of each:
17
tA)
18
advance", "accommodation". or "cash disbursement", or a similar term; and
19
(8) good5 or service obtained from a third party and paid on behalf of the
20
consumer by the funeral home licensee for which the practitioner is an agent;
21
22
23
2-l
funeral goods or funeral sen-ice described by the practitioner as "cash
is equal to the cost of the item to the funeral home selling it;
may be disciplined under seetieFl
+4-'* ~ ek&flteF. IC 25-1-10.
SECTION 72. IC 2:')-15-8-5 IS AME:--;DED TO READ AS FOLLOWS: Sec.
'J. lal
This section does not apply to a practitioner acting as an exempted person.
tbI
A practitioner who. when selling funeral goods or services to a consumer. fails to
give the consumer a writtA:!n statement signed on behalf of a funeral home licensee by
.,-
.
-'
a funeral director that includes:
, I' an itemized description of each funeral goods and funeral sernce for which the
consumer has contracted and either the price of each item or the package price for
10
all of the items:
:)1
12)
an Itemized description of any supplemental goods and services that the
consumer has tht> option
to
purchase from the funeral home hcensee and the price
for each item:
131 an indication of the contract Items on which the funeral home licensee is
HB 1768;01 81
32
CC.:'\0.05.1991
1
advancing credit and the amount of the credit being advanced:
2
I
:3
1.51 a description of the method of payment agreed upon:
~
.J
the total cost to the consumer of the contract items: and
may he disciplined under seetisfl H
This. sectiDn does not apply
7
embalmer.
9
-e+ ~
eAtl~ter.
IC 25-1-10.
SECTIO:\ 73. Ie 25-15-8-6 IS A:\IE:\DED TO READ :-\S FOLLOWS: Sec. 6. 1;.11
6
8
to 0.
practitioner who is ;.1cting as an exempted person or an
(b) A practitioner who engages in the practice of funeral service may be disciplined
under seetiefl H -e+ ~
eAtl~ter
IC 25-1-10 if the practitioner:
10
I.U does not act as the agent of one 11) or more funeral home licensees:
11
(2) fails to register with the board in which funeral homes the practitioner is
12
performing services and for which funeral home licensees the practitioner is an
13
agent: or
14
(3) fails to notify the board
15
the practitioner ceases to perform services in a funeral home or for a funeral home
16
lict!nsee.
17
to
SECTIO;"l; 74. Ie 25-15-8-7 IS
cancel a registration described in subdivision (2), if
AME~DED
TO READ AS FOLLOWS: Sec. 7. A
18
practitioner who fails to notify the board of a change in the practitioner's name or
19
principal address of residence within thirty (30) days after the change may be
20
disciplined under seetiefl H
~
Htts ehtlJlter. IC 25-1-10.
21
SECTION 75. IC 25-15-8-8 IS AMENDED TO READ AS FOLLOWS: Sec, 8. (aJ
22
This section does not apply to a funeral director intern who is acting as an exempted
2:3
person.
2~
\ b) A funeral director intt!rn who engages in the practice of funeral service without
?_.J
the direct supervision of a funeral director may be disciplined under seetisfl H-e+
26
eAtl~tel'.
~7
2~
29
30
:31
:32
:3:1
3~
-
~)
~
IC 25-1-10.
SECTlO:\ 76. Ie 25-1.5-8-9 IS A:\IEr-.;DED TO READ AS FOLLOWS: Sec. 0. 1;.11
This section does not apply to an embalmer who is acting ;.1S an exempted person.
(b) An embalmer who performs any funeral service other than embalming m;.1Y be
disciplined under seetiefl H -e+ t-ftts eAtlJltel'. IC 25-1-10.
SECTIOt'i 77. IC 25-15-8-10 IS A:\IE:\,DED TO READ AS FOLLO\VS: Sec. 10.1;.11
Thi:.
~ection
does not apply to a funeral director who is acting as an exempted pel·son.
fbi A funeral director who:
I
11 is qualified to engage
HB 1768101 81
In
the practice of
33
funer~,l
st!rvict!
onl~'
undt!!"
CC.:--';0.05 1991 .
1
IC 2.5-1.5-4-3Idl and not under IC 2.5-1.5-4-3(bl or
2
i
:3
-!
.")
** Ie 25-15-4-3(c); and
2' engage!> in embalming:
may be disciplined under seetieA H -&f ~
eRa~tef.
Ie 25-1-10.
SEeTIO:-';- iEl. IC :!.5-1.5-8-11 IS .-\:\IE:,\DED TO READ AS FOLLOWS: Sec. 11. A
funeral director who:
manages a funeral home without filing an affida\'it with the board
6
I
7
acknowledging that the funeral director is the manager of the funeral home: or
8
(2)
9
longer the manager of a funeral home when the funeral director ceases to manage
10
11
I'
fails to file an affidavit with the board indicating that the funeral director is no
the funeral home:
may be disciplined under seHieA H-&f ~ eRtlf:!ter.
Ie 25-1-10.
12
SECTIO!\" 79. IC 25-15-8-12 IS AMENDED TO READ AS FOLLOWS: Sec. 12. A
13
funeral director who has an affidavit on file with the board indicating that the individual
14
is the manager of a funeral home and no affidavit on file with the board indicating that
1:j
the individual has ceased to be its manager may be disciplined under SeetieA H-&f tftts.
16
eAa~ter
Ie 25-1-10 if:
17
11) the funeral home that the funeral director is registered to manage commits a
18
violation under section 1 or 2 of this chapter, other than section 2(:11 of this
19
chapter: or
20
(2) a practitioner acting as an agent of the funeral home that the funeral director
21
is registered to manage commits a violation under sections 3 through 11 of this
22
chapter.
SECTIO:-';- RO. Ie 25-28.5·1-13. AS AMENDED BY
P.L.143-19~0.
A:\lE':\"DED TO READ AS FOLLO\VS: Sec. 13. la) A person wishing
SECTIO:-';- 4. IS
to
be licensed as
_.")
ry-
a plumbing contractor or journeyman plumber must file with the commission a written
26
application. on a form provided by the commission. that contains information the
.,-
commIssion considers necessary to determine the qualification!> of the applicant.
_I
,bl All members of a firm, copartnership. or association who engage
In
the J.ctivlties
defined in this chapter as those of a plumbing contractor must be individually licensed
30
as a plumbing contractor. In the case of a limited partnership. only the general partner
:11
must be licensed under this chapter.
IC)
In the case of a corporation engaged in the business of a plumbing contractor. the
corporation must be licensed as a plumbing contractor and must file \.... Ith the
commissIOn an application as provided for in this chapter. A corporation may not be
HB 1i68'DI 81
34
CC.~o.05:
1991
1
licensed as a plumbing contractor unless one
2
corporation holds a valid license as a plumbing contractor issued by the commission.
3
Where a license is issued to a corporation. at least one \ 11 officer or employee of the
4
corpor ..nion must be:
;)
, 1, licensed as
ti
12 \ designated in the application: and
7
(3)
8
n
10
of the officers or employees of the \
plumbing contractor:
named in the license.
Id) An officer or employee of a corporation desiring to act as a plumbing contractor
in connection with the business of the corporation must take out a separate plumbing
contractor's license in the officer's or employee's own name.
11
Ie) An application must be signed by the applicant. or the applicant's duly authorized
12
officer or officers. The applicant must make a statement that the applicant has not been
13
convicted of:
14
(1)
15
~~
16
12)
17
competently.
18
(n
an act that would constitute a ground for disciplinary sanction under seetiefl
tfl..ts eAt1:I'Her: Ie 25·1·10; or
a felony that has a direct bearing on the applicant's ability to practice
A business that provides plumbing services and is required to file a cel'tificate of
19
assumed business name under IC 23-15-1 must register the name. address, and
20
telephone number of the business with the commission.
21
SECTION 81. IC 25-28.5-1-27 IS AMENDED TO READ AS FOLLOWS: Sec. 27,
22
Subject to Ie 25-1-7, the commission may. upon its own motion and shall. upon the
.,_.,.
~
verified complaint in writing of any person setting forth specifically the wrongful act or
:2-4
acts complained of. im'estigate any action or business transaction of any licensee in
2:)
accordance with seetiefl
2b
members of the commission shall be required for any action to be taken.
.-,-
-,
SECTIO~
~~ tfl..ts
eAtl!3ter. Ie 25·1·10. Appro\'al by a majority of all
82. IC :2i)-2S.5-1-31. AS A:\IE;\DED BY P.L.2-41·19S9,
SECTIO~
5. IS
2~
,-\'\IE~DED
20
a plumbing contractor or Journeyman plumber without first obtaining a license from the
.')0
commission or who continues to act as a plumbing contractor or journeyman plumber
:; 1
after the person's license has been suspended. re\'oked, or otherwise restricted under
")
)
"-
-
J.
(1)
5t:t:'tlOfl
TO READ AS FOLLO\\'S: Sec, 31. \ a I
~~ ~
.-\
person who acts or ad\'ertlses
J.S
t:'Act,Her Ie 25·1·10 commits a Class A misdemeanor.
:):1
\b I A person who bils to renew the person's license and continues to act as a
:1-4
plumbing contractor or journeyman plumber after the license has expired commit:; a
HB 1768'DI 81
35
cc. ~o,O.5
1991
1
2
Class B misdemeanor.
..
(c) It is unlawful for a plumbing contractor to fail to include one
111
of the following
3
names on written or printed advertising for plumbing services and on vehicles that are
4
used to provide plumbing sen'ices:
,1, The plumbing contractor's name.
6
7
12.' The name of the business with which the plumbing contractor is associated.
SECTIO:'\ 83. IC 2;')-28.5-2-4 IS AME:\DED TO READ AS FOLLOWS: Sec. 4,
\a.1
If any aggrieved person obtains a final judgment in any court against any plumbing
9
contractor to recover damages for a violation
~~
2; 38.; 1 27.1 under IC 25·1·10
10
or the plumbing codes of the state
11
commission) that results in an actual cash loss to the aggrieved person, the person may.
12
upon termination of all proceedings. including appeals and proceedings supplemental to
13
judgment for collection purposes. file a verified application in the court in which the
14
judgment 'was entered for an order directing payment out of the plumbers recovery fund
I
with or without a finding by the plumbing
of the amount of actual and direct loss in the transaction that remains unpaid upon the
16
judgment, The amount of actual and direct loss may include court costs but may not
17
include
18
from the plumbers recovery fund may not exceed twenty thousand dollars ($20,000) per
19
judgment and an aggregate lifetime limit of fifty thousand dollars ($50,000) with
20
respect to :lny one (1) licensee.
attorne~"s
fees or punitive damages awarded. The amount that may be paid
21
(b) This section applies only to a final judgment that awards damages for an act by
22
the plumbing contractor described in subsection (a) that arises directly out of any
transaction:
11 J that occurred when the plumbing contractor was licensed:
(2)
for which a license was required under IC 2·=)-28.5: and
131 that occurred after December 31. 19R7.
:26
SECTIO:'>: 84. IC 2.5-28.=)-2- i IS A:'.IE:\DED TO READ .-\.S FOLLO\\'S: Sec. i ..-\.n
order for payment from the plumbers recovery fund may not be l:ssued unless the aCllon
to recover from the plumbers recovery fund was commenced Within two \:2 J years after
:10
the termination of all proceedings against the plumbing contractor for
~ ~
~
a violation
g; 38.; 1 27.1 under IC 25·1·10 or the plumbing codes of the state, including
appeJ.ls and proceedings supplement<ll to judgment. When any person commences an
action for a judgment that ma,'" result in an order for payment from the fund. the
plumbing contractor against whom the action ha:s been taken shall notify the
HB 1i68:DI 81
CC.:\0.05: 1991
•
commission in writing of the commencement of the action.
2
-
~.5.
IC 2·5-:28.5-:2-8 IS
:\:\IE~DED
TO RE.-\D AS FOLLOWS: Sec. f...
3
When any person files an application for an order directing payment from the plumbers
-t
rerO\'en' fund, the commission shall be made a party defendant
.J
coun sh.lli conduct a heanng on the applic:.ltion, :.lnd it mJ.Y i:"sut::' an order directing
IS
payment. out of the plumbers reco\'ery fund. J.S pro\'ided in section 9 of this chJ.pter.
7
subject to the limitation of section 4 of this chapter. if the court finds:
8>
(1)
0
debtor;
to
the proceedings. The
that there is no collusion between the judgment creditor and the judgment
10
(21 that the judgment creditor is making application not more than one (1' year
11
after the termination of all pr'oceedings in connection with the judgment. including
12
appeals and proceedings supplemental to judgment for collection purposes;
13
(3)
14
judgment and the officer executing the writ has made a return showing that no
1;)
personal or real property of the judgment debtor liable to be levied upon in
Hi
satIsfaction of the judgment could be found or that the amount realized on the sale
17
under the execution was insufficient to satisfy the judgment:
IH
(41
19
against all the judgment debtors and all other persons liable to the creditor in the
20
transaction for which the cl'editor seeks recovery from the plumbers recovery
21
fund;
22
(5) that
2:~
codes of the state arose directly out of a transaction that occurred when the
:24
judgment debtor wa!> licensed and acted in a capacity for which a license is
:2 .j
req lllred under this article and that the transaction occurred after December 31,
that the judgment creditor has caused to be issl,1ed a writ of execution on the
that the judgment creditor h:.\s diligently pursued the creditor's remedies
~
a violation.ef Ib 28 28.; 1 27.1 under IC 25·1·10 or the plumbing
2b
19S7: and
.,-,
16, t.hat. in the event of a default judgment or a judgment entered upon stipulatIOn
:2 , ,",
of
2~
tb g; gg.; 1 97.1 under IC 25·1·10 or the plumbing codes of the state.
:10
-
SECTIO::\
:j
1
:~
:2
the
parries,
the
judgment debtor's
SECTION 86. IC 25-30-1-2. AS
A:\IE~DED
Ai\IE~DED
acts
constituted
BY P.L.234-198>9.
a
\'lolatlOn
SECTIO~
*
S. IS
TO READ AS FOLLOWS: Sec. :2. As used in this chapter:
\ 11 "Person" means an individual. firm. company. association. organization,
. ).)
.).J
partnership, or corporation .
:l-t
(21
"Licensee" me;.lns a person licensed under thl:" chapter.
HB 1768/DI R 1
37
Cc.:--';o.O;,) 1991
•
"Private detective" means a person who conducts a private detective business'
1
13"1
2
with or without the assistance of an employee.
;3
'4' "Private detective business" means the business of:
, A I making, for hire or reward. investigation or investigations for the purpose
of obtaining information with
'J
referenc~
to:
\ i I a crime against the state or wrongs done or threatened:
7
Iii) the habits. conduct. movements, whereabouts. association. transactions.
8
reputation, or character of a person:
9
I iii)
credibility of witnesses or other persons;
10
(ivi the location or recovery of lost or stolen property:
11
I
12
real or personal property; or
13
(vii the truth or falsity of a statement or representation:
v) the causes, origin, or responsibility for fires or accidents or injuries to
securing. for hire or reward. evidence to be used for authorized investigation
14
(B)
1.5
committees or boards of award or arbitration or in the trial of civil or criminal
16
cases; or
17
,-e) furnishing, for hire or reward. a guard or guards or other persons to protect
18
persons or property or to prevent the misappropriation or concealment of goods.
19
wares and merchandise, money, bonds, stocks, choses in action, notes, or other
20
valuable documents or papers.
21
t5) "Industrial plant" means a factory, business, or concern that is engaged
22
primarily in the manufacture or assembly of goods or the processing of raw
materials. or both.
\ 61 "Board" refers
to
the private detectives licensing board established under
section 5.1 of this chapter.
171
"Licensing agency" refers to the professional licensing agency established
under IC 2,:)·1·6.
(8) "Resident" means a person who has established an actual domicile in
2~)
10
:11
Indiana for a period of not less than one
year.
SECTION R7. IC 2,:)·30·1·5.3, AS ADDED BY P.L.234·1989. SECTIO:\ 9. IS
A:\lE~DED
of each
3:1
(1)
TO READ AS FOLLOWS: Sec. 5.3.
~·t!ar,
!otr+
The board shall. at its first meeting
elect a president and a vice president from among its membership by
a maJont:. \'ote of all the members of the board.
..a.. ~ ~ ~ ~ ~ ffi&t'e ~ tweln' ~ ~ Stll'iAg t1 t!clleA!:icll ~
HB 1768'DI 81
38
Cc.:-';o.O;) 1901
•
-
1
SECTIO~ 88. IC 2.5-30-1-8. AS Al\IE~DED BY P.L.23-l-1989, SECTIO:\ 13. IS'
2
A:\lE:\DED TO READ AS FOLLOWS: Sec. S. (a' Before the ;lpplication for a license
is granted the applicant must meet all of the following:
, 1, Be at least twenty-one (21.1 years of age.
,:2, Be a resident of Indiana for at least one '1, yeJ.r. except for firm;...
paltnerships. or corporations that are licensed in another state and who otherwise
7
comply with this chapter.
R
(3)
a
,AI experience in private detective work under a licensee, or its equi\'alent:
10
,BI law enforcement experience:
11
,CI a degree in criminal justice: or
12
t'D I any other experience I'elevant to the private detective business:
13
14
-
Have:
as determined by the board.
(bl If the applicant is a corporation or a partnership. t.fte effieers. one
(1)
officer, in
15
case of a corporation. or Hte iAlii'i1al:1tll t3t'l:ftAefs. one
16
partnership. must meet the personal qualifications as set out in subsection lal. unless
17
otherwise provided.
IS
partner. in case of a
(CI After tl Aetll'iAg, The board may deny a license unless the applicant makes a
19
showing satisfactory
20
corporation, that tfs efHeep5, fiif'eet8f'5. €fftJlleyees,
21
partner in subsection (b) has not:
22
(1)
( 1)
to
the board that the applicant has not,
ef'o
01'
if a partnership or
fftefAeeFS Rtlve the officer or
committed an act, which, if committed by a licensee would be ground for the
suspension or revocation of a license under this chapter:
2-l
(2 J been convicted of a:
(A I felony: or
IBI a misdemeanor that has a direct bearing upon the applicant's ability to
16
practice competently:
;jO
~
1
131
been refused a license under this chapter or had a license I"l'!voked: or
(4 J
while unlicensed. committed. or aided and abetted commission of an act for
which a license is required by this chapter.
SECTIO!'<' 89. IC 25-30-1-10. AS A:\lE:'-JDED BY P.L.234-1989.
A:\IE:'I:DED TO READ AS FOLLOWS: Sec. 10.
('0""\
.).)
(011
SECTIO~
1:'j. [S
A license. when issued. shall bl'! In
a form determined by the board and shall include the following:
11, The name of thl'! licensee. or the names of the IOdi\'idual p.lrtners if the licensee
HB 1768:01 p, 1
Cc.:'\o.O:;' 1991
•
1
is a partnership. or the names of the officers and directors of the corporation if th~
2
licensee is a corporation.
,2. The name under which the licensee is to operate.
,:1, The number and date of the license.
'-t Otner information the bOJ.rd deems necessar~·.
(j
7
8
I
b I The license shall be posted in a conspicuous place in the principal place of business
of the licensee.
ICI
Upon the issuance of a licem,e. a pocket card of a design determined by the board
9
shall be issued without charge to each licensee other than a corporation. Whenever the
10
licen!;ee is a corporation or partnership, the pocket card shall be issued to each
11
officer, partner, and manager of the corporation or partnership who also meet
12
the requirements under section 8 of thi!; chapter. Each individual who is issued
13
a pocket card under this subsection
14
an appropriate picture fet: to the ieieAtiAeatiefl pocket card. and in addition to the
1;)
picture the pocket card shall also contain a fingerprint of the forefinger of the lieeRsee.
Hi
licensee. When a license is revoked. the pocket card shall be surrenuert!d and. within
17
five
18
for cancellation.
(.j)
~
lieeflsee shall affix H:tfRisR
~ ~ ~
days after revocation, shall be mailed or delivered by the licenset! to the board
19
(d loft lieeAsee The board shall furnish each of the Iicensee's employees. except office
20
employees, with an identification card. The identification card shall contain a recent
21
picture of the employee, the employee's name and address, the license number of the
22
employee's employer, and a thumbprint of the employee. The licensee shall affix
.)
.,
-')
each employee's picture and thumbprint to the identification card .
lei A licensee shall, within thirty (301 days after a change. notify the board of any'
changes of the licensee's address, of the name under which the licensee does business,
2(j
and of a change of the Iicensee's officers. directors. members. or partners.
." } -
-,
I
f' A lict!nse issued under this chapter is not assignable and
SECTIO~
.l,.:\lE~DED
IS
personal to the licensee .
90. IC 25·30·1·11. AS A'\IE:\DED BY P.L.2:14·19S9.
SECTIO~
TO READ AS FOLLOWS: Sec, 11. la' A licensee may employ.
to
Hi. IS
a:;!:.lst
:10
the licensee in the licensee's business as a private detective. as many unlicensed
:31
persons as mo.:.' be necessary. The licensee is civilly responsible for the good conduct of
an employee while the employee is acting on behalf of the licensee.
I
b I A hcensee shall maintain
J.
record. relativt! to the licensee's employet!s. containing
thl;' following information:
HB 176S '01 S 1
40
Cc.~o.O.j: 1991
A picture taken within thirty (30) days of the date that the employee'
1
(1)
2
commences employment with the licensee.
3
1:2 I A full set of fmgerprints of both hands of the employee.
(c) :\ duplicate set of fingerprints must be filed with the board btH- iAstedd .ef t-fte
:j
FltiffiSer
7
~
~-&f
.-
~
&ft
~ 5e+
lie-eAsee
~
wf.Ht t-fte ~ ffl t-fte
£fie lieef'lsee
fiFlger}3FiFlts
~
f3riAteei
&t'e
~
t-fte lie-eFlseL:
t:lf'lfJear
6:¥
ffiaiAtaiFlcd
e6f'f'eS~6F1e
10
~
effif'lj(:).Vt _'s
I:lC.::igA
13: ~
Fltiffi8er +e ffie CFFlf310:1'l't'
~ ~
.ef fiAgcrfJriAts ~ wi+IT ffie ~ ~ £oRe
iAeiw:,ie ffie
~
effifJle~'ee '5 ~
tH*l: £oRe FlUffiBet' +e
reeef'ds. +fie see.ef fiFlgerJ'lriAts ffiaiAtaiAea ffl £fie
e6F1taiFl t-fte eerreet f\rtlrf'FIe ~ AUffi13t'f'ffl tfle effif'lle?ee
&ft
t-fte
:'"e+
~
~
before an identification card is issued.
II
SECTION 91. IC 2.5-30-1-14, AS AMENDED BY P.L.234-1989. SECTIO.:'\ 18. IS
12
AMEl':DED TO READ AS FOLLOWS: Sec. 14. (a) It shall be unlawful for a person
13
IlgeAe~', &f'-
14
person IlgeRey,
1.5
person may not do business in Indiana until the e8PJ'l8f'llti8F1 person is licensed with
16
the board and meets the requirements for licensees of this state. except the residence
17
requirement of one (1, year. In addition, an out-of-state iieeRsec person must prove to
IS
the board that the lieeFlsee person is in good standing in the state the lieeA!5et' person
19
was issued a license.
20
e6FJ36PlltisR licensed by any other state to do business in Indiana unless the
&f'-
e8f'}38Fati6R is authorized to do business in Indiana. A eef'J'l8f'lltieA
(b) A person licensed under this section must have a resident licensee:
21
(i) whose name and license number appear on the license for the private
2:2
detective business; and
(2) who. in writing to the board, assumes full responsibility for the
following:
.)
-
(A) All the employees of the private detective business .
-'')
(8)
Maintaining all records required under this chapter in an Indiana
location.
(e)
Assuring compliance with this chapter.
(c) The resident licensee is responsible for informing the board, in writing, of
:;0
the following:
When the relationship with an out-of-state licensee is terminated.
:; 1
(1)
• , .j
(2) The location of the records maintained by the resident licensee .
"-
,.,
.,.)
:q
(d) This section does not relieve a licensee of responsibility for complying
with this chapter,
HB 1768 DI f-l
41
CC.No.05' 1991
•
{j
\
SECTIO~ 92. IC 25·30·1·15. AS AME:\,DED BY P.L.234-1989. SECTIO:\' 19.
2
:\:\IE:--;DED TO READ AS FOLLOWS: Sec. 1.5.
3
~
IS
'al~liel:?RSe ~'**~~~
:?Ra!9ter * An applicant for a private detective license who employs more than
fourteen· 1.+' others must ~ t-fI.e tl!9!9!ieaRt ~ ~
--+-
i: ttaffiits submit proof
to
*
~
f:ellsVo'iRg:
the board that the applicant
6
insurance company authorized
i
hundred thousand dollars ($100.000) liability per occurrence.
8
(2 I Pssts 'NitA tAe BStirS a st:lre ty eSRS tAtlt:
9
L\) Raffies tAe tlj9~lieaHt as tAe j9riHeij9a!;
to
do business
In
15
insured by .ln
Indiana for the amount of one
10
(8 f se!igates tAe sl:IFety iR tAe tlffiSt:lHt sf se'/eR tAst:I:.aRei asHars I a: i .OOG
11
eaara iR f:avsr sf tAe sttlte:
12
Ie.
13
f!Fi'late seteeti'/e f:aitAH:tlly aHa ASRest!=, aAa ts SeSeF'Ie all IFlaiaAa stat1:ltes:
lfl
EAe
FeE'lt:lires tAe j9FiHeij9a!, if graAtes a !ieeRse. ts eSRat:let tAl:? et:lSiReSC sf
14
D I tll:ltAsrizes tAe eSaFa ts see!are tke aSRel iA elefe:tt!t aHa te !e ..·y agaiRsE EAe
15
I
16
s1:lrety aAel tkl:? j9riFleij9a! I:IRSEr tke eSFls fsl' tAe !9i:l: ...·ffieRt sf eSffi!geRsatisFI te
Ii
aFl~r
18
FeE'l1:lireffieFlts seserieea iA elal:lse ICt.
19
jgerssFI WAS is AaFffies as a Fesl:ilt sf tAl:? j9riFlei!9al'!;, ,'islatisR sf tke
~ ft9tr
(b I -A lieeHse
ge
~ ~
Htis eAaj9ter -te An applicant for a private
20
detective license who employs less than fifteen (15) others
21
must do one (1) of the following:
22
(1)
~
t-fI.e aj9j9lieaAt
~
Post with the board a surety bond that:
44-+ (A) r:tames the applicant as the principal:
~ (B)
obligates the surety in the amount of seven thousand dollars l$i.OOUI
to the board in favor of the state;
:! fi
~ (C)
.,_.
pn\'ate detective faithfully and honestly and
.
requires the principal. if granted a license. to conduct the business of
to
observe all Indiana statutes:
and
~ (0)
authorizes the board to declare the bond in default and
to
levy ag::l.lnst
d~l.mages
:i0
the surety and the principal under the bond for the payment of actual
:: 1
to any person who is harmed as a result of the pnncipal's violatIOn of the
requirements described in sl:Ie!>I:?elisn
(2)
~
clause
(C).
Submit proof to the board that the applicant is insured hy an insurance
company authorized to do business in Indiana for the amount of nne
HB 1i6~'DI 81
CC.~o.05
1991
•
-,
hundred thousand dollars (S100.000) per liability occurrence.
1
2
IC)
The insurance referred to in sttBseetieA
~
subsections (a) and (b)(2):
I, must co,,'er damages that the insured becomes legally obligated to pay for
:3
I
4
bodil\' injury or property damage proximately caused to a pel'son b:, the insured
:)
in conducting business a:. a private detectlve:
6
(2)
must include cO\'erage for:
A', false arrest. detention, or imprisonment:
7
I
8
(8) malicious prosecution: and
9
(C)
10
wrongful entry or eviction, or other invasion of the right of private
occupancy: and
11
(3)
12
the insured that results in bodily injury, if such injury arises solely from the use
13
of reasonable force for the purpose of protecting persons or property.
14
Id)
may not exclude coverage for an intentional act taken by or at the direction of
EVI~ry
licensee who employs at least fifteen
(15)
others shall at all times
1.')
H-o maintain in fOI'cf> the insurance referred to in subsection lai, 9:f*i
16
~
17
tRrettgR
RU1:iAtaiA +A f'efee a
~ gefte &ft
fMe w+H:t t-Re
~ ~
!,uBst:!t!tieAs
\'tt'"
~
18
Upon a licensee's failure to comply with this subsection, the license of the licensee shall
19
be suspended. A license suspended under this subsection may not be reinstated until an
20
application for the license, in the form prescribed by the board, is filed with the board.
21
together with proper proof of insurance. &M
22
~ geftEh
Ie) Every licensee who employs less than fifteen (15) others shall at all times
~
2:~
maintain in force a surety bond on file with the board under subsection
24
maintain in force the insurance referred to in subsection (b)(2). Upon a licensee' ~
2.')
failure
2ti
license suspended under
,-,
the license. in the form prescribed by the board. is filed \\'lth the board, together with
2~
proper proof of insurance or surety bond,
2~J
I
f)
to
comply with this subsection. the license of the licensee shall be suspended. A
thi~
subsection may not be reinstated until an applic;1tion for
The board may deny an application for the reinstatement of ;1 hcenbe suspended
:10
under this section. notwithstanding the applicant's compliance ..... ith the
;)1
surety bond requirements of this section for any of the follo ..... ing:
q.)
(h)( 1) or
lO~urance
or the
Any reason that would Justify a refusal to issue, a suspension. or a re\'ocation
,'-
I 11
:1 :~
of;1 license,
14
(2, The performance by the applicant. while the applicant's license was suspended
HB 176S:DI 81
Cc.:\o, 0.') '1991
•
1
under this section, of any practice for which a license under this chapter is"
2
required.
3
ig! A surety bond posted with the board under this section
ma~'
be etiAeellee canceled
by the surety thirty (30) days after the surety gives the board written notice of its
;)
i'rltent to cancel the bond. However. the cancellation of;1 bond under this subsection does
6
not terminate the liability of the surety on the bond
In
connection with
;1n~'
action
commenced before the cancellation of the bond.
8
9
SECTION 93. IC 25-30-1-16. AS A:\lE~DED BY P.L.234-1989, SECTIO~ 20. IS
AME~DED
TO READ AS FOLLOWS: Sec. 16. (a) A license and the identification
10
cards of the licensee's employees issued under this chapter expire two
11
the date of issuance of the license.
12
(1)
14
of the licensee's license on
15
lieefls€. +fie Feflewal sfteJ+ be £Featee
16
fl'tttSt eeffl~ly ~
17
lieeAse. and
18
(2)
20
years from
(b) A licensee desiring a renewal license must:
13
19
(21
me an application for renewal at least thirty (30) days before the expiration
~ 5tH"fte
t.ffis eka!'ltet"
a form as prescribed by the board; f&t:.-a. fteW
~ fteW
lie€Ase
t¥.;--tt eke lieeAsee
ti~~lieatieA ~ ~
lie€A:.ee
~ t%ft
erigiAal
wet"e
til'll'llyiAg
meet the license renewal requirements determined by the board.
(c) A license may be reinstated within thirty (30) days from the expiration of
the license after the applicant does the following:
21
(1)
Files an application for renewal with the board.
22
(2)
Meets the license requirements determined by the board.
(3)
Pays the license and delinquent fees.
(d) Employee identification cards issued under this chapter expire at the same
25
time as the license referred to in subsection (a).
26
SECTION 94. IC 2.5·30-1-17. AS AME:\DED BY P.L.234·1989. SECTIO:\ 21. IS
.")-
A:\IE:"-iDED TO READ AS FOLLO\VS: Sec. 17. (a ' The board shall charge and the
licensing agency shall collect the following private detective license fees:
-,
29
I
11
~ &ft
atltllietlflt e€SiFiflg -toe €flgage ffi
FesieeAt ~ IAeiaAa. s€veflty five eslltlfs
~
!'IFIVtite etteetl¥t Bt:lsiAes:.
~ ~ ~ ~ ~
eellars
I::lfllieeflSee effl!'lle~"ee wft.& assists ~ lieeAst:: t' -tft et:lSIAe:;,s
~-t-:rtt
~ ~
:i 1
~ ~ e-aeft
".)
eeteeti"e. For issuance or renewal of a private detective license, a fee of one
"';:"
a5-U
I'Iri ..'ate
hundred fifty dollars (8150).
HB 176SDI SI
44
Cc.!'io.0,'),1991
~ ~ resieeAt
2
eiellB:Fs
3
~
4
€8AJueree .ffi IAeiitiAt3:. For identification cards for unlicensed employees
:)
issued under section lO(d) of this chapter. a fee of:
'ij'~1 ~~
~ ~ lieeAsea.ffi tiAetkeF ~ seT.eAEy f;"'~
t*tts- f+ore e8l1tu's ~ ~ ~ H1rettffi t:lRlieI:!R.:ee
assists Hte lieeAsee .tft
~ ~
* 8t:1siAes.:
B:5-& ~Fi"'B:te
el'fl~IB:"ee
eeteetin
~~
6
IA)
ten dollars
7
(8)
five dollars (85) if application for the identification card is made in
8
the second year of the licensee's license.
~ ~ B:oft
9
(810);
or
tlflfllietlAt aesiFiAg
~
flFaetiee as
B:oft
t:lAlieeAsea effifl1e:,'ee
lieeAsea flFi ..'tlte aeteeti"e 8t:1siRes!'i. f+ore aelltlrs
11
Hte tiffie t.fte aflfllietitisA ~
12
(3)
13
chapter, a delinquent fee of seventy-five dollars (875).
1.'5
16
~~
t:-Ae
*-ti ~
~ ~ti:.. aele ~ ~ t3:~~liet3:At 1H-
10
14
-
* IAeiB:AB:.
1
~
For reinstatement of a license referred to in section l6(c) of this
(bl All fees collected under this chapter shall go into the general fund and shall be
accounted for by the licensing agency.
IC I
A iicense fee shall not be refunded unless a
~howing
is made of ineligibility to
Ii
receive the license by failure to meet the requirements of this chapter, or by a showing
18
of mistake. inadvertence, or error in the collection of the fee.
19
SECTION 95. IC 25·30·1·19.5 IS ADDED TO THE INDIANA CODE AS A NE-W
20
SECTION TO READ AS FOLLOWS: Sec. 19.5. A person who files a civil action
21
to collect fees for performing acts regulated by this chapter must allege and
22
prove that when the action arose the person was not in violation of section 22
.,n
-
of this chapter .
.)
:2-+
-
SECTIO:\ 96. IC 25·30·1·21 IS AMENDED TO READ :\S FOLLOWS: Sec. 21. (a)
')
-'')
Except as provided in subsection (b), a person who violates this chapter commits
26
Class A misdemeanor.
-,-
.)
~~
(bl A person who is not exempt under section 5 of this chapter. who does not
have a private detective license, and who:
29
(1)
engages in the private detective business;
:30
(2)
solicits or advertises for business as a private detective: or
:, 1
(3) in any way represents to be a private detective;
."'.,
.,-
;,l
commits a Class A infraction .
·,n
.).)
(c) The court shall add to a fine assessed against a person convicted of an
:')4
offense under subsection (b) the amount of compensation earned hy the person
HB 1768,01 81
CC.~o.05:
1991'
•
1
2
'.
in the commission of the offense.
(d) Each transaction under subsection (b) constitutes a separate offense.
(e) A complaint for a violation of this chapter or for an injunction under
section 22 of this chapter is sufficient if the complaint alleges that a person on
.J
a specific day
(1)
7
in a specific county:
acted as a private detective;
(2) solicited or advertised for business as a private detective; or
(3) represented to be a private detective.
9
without a private detective license.
10
SECTION 97. IC 25·30·1·22 IS ADDED TO THE INDIAI\iA CODE AS .-\ l'iEW
11
SECTIO:\ TO READ AS FOLLOWS: Sec. 22. (a) If the board determines that a
12
person who is not licensed or exempt under this chapter is engaged in activities
13
that require a license, the board may send a notice of hearing requiring the
14
person to show cause why the challenged activities are not a violation of this
chapter. The notice must be in writing and include the following information:
The date, time, and place of the hearing.
16
(1)
17
(2) The alleged violation.
18
(3) That the affected person or the person's representative may present
19
evidence concerning the alleged violation.
20
21
22
(b) A hearing conducted under this section must comply with the
requirements under Ie 4·21.5.
(c) If the board. after a hearing. determines that the activities that the person
engaged in are subject to licensing under this chapter. the board may issue a
24
cease and desist order that describes the person and activities that are the
subject of the order.
2G
--,-,
(d) A cease and desist order issued under this section is enforceable in the
circuit courts of Indiana.
Ie) The attorney general. board. or the prosecuting attorney of any county
where a violation of section 21(b) ofthis chapter occurs
:w
ma~'
file an action in the
name of the state for an injunction.
SECTION 98. IC
The following shall
2,~·31·1·12
b~
IS A:\lE:\DED TO READ AS FOLLO\\'S:
considered as minimum evidence th..lt
th~
applicant
S~c.
i~
12.
l,.l,
qU..llified
for registration as a professional engineer:
, 1, graduation
HB 1768;0[ 81
In
an
..lppro\"~d engin~~ring
46
curriculum of four' 4, ye..lrs or more:
CC.:\0.05 1901
1
a specific record of four
:2
acquired subsequent to graduation. which experience indicates that the applic;lnt
14)
years or more of experience in engmeering work'
is qualified to be placed in responsible charge of engineering work requiring the
exercise of judgment in the application of engineering sciences
solution of engineering problems: and the
5ucce~sful
to
the sound
paS"Ing of an ex ..lll1in;.lt!on ;.l:;
6
provided for in section I-t of this chapter: or
7
t:2) a specific record of eight
8
experience in engineering work. which indicates that the applicant has acquired
9
knowledge and skill and practical experience in engineering work approximating
10
that required for registration as a professional engineer under the provisions of
11
sub!:>ection
12
provided for in section 14 of this chapter.
13
14
(0.)( 1). ~
11'1.1
years or more of engineering education and
Htts seetieR; and the successful passing of an examin;.ltion as
(b.l The following shall be considered as minimum evidence that the applicant is
qualified for registration as a land surveyor:
I.'>
( 1) graduation in an approved land surveying curriculum of four I-t i years or more
16
which includes the fundamentals of land surveying. and a speciftc record of four
17
\ 4) years or more of experience in land surveying work acquired subsequent to
18
graduation, which experience indicates that the applicant is qualified to be placed
19
in responsible charge of land surveying work requiring the exercise of judgment
20
in the application of surveying sciences to the sound solution of land surveying
21
problems, and the successful passing of an examination as provided for in section
22
14 of this chapter; or
23
(2) a specific record of eight (8) years or more of land surveying education and
24
experience in land surveying work. which indicates that the applicant has acquired
knowledge
and
skill
and
practical experience
In
land
surveying
work
approximating that required for registration as a professional land surveyor under
26
the provisions of subsection Ibll 11. ~ Htts seetieA: ;.lnd the successful paSSIng of ~ln
examination as provided for in section 1-t of this chapter.
29
;10
:ll
IC)
The following shall be considered as mil1lmum evidence that the applicant I!:>
qualified for certification as an engineer-in-training:
1,1)
graduation in an approved engineering curnculum of four '4' years or more.
and the successful passing of an engineer-in-training exammation ;.lS pro\"ided in
.)
.,
oJ')
section 14 of this chapter: or
1:21
a specific record of four (4 I years or more of engineering educatIOn anu
HB li68,DI 81
4i
CC.:\o.05,1991
•
1
experience in engineering work. indicating that the applicant has acquired"
2
knowledge and skill approximating that acquired through graduation in an
approved engineering curriculum of four
14)
yean, or more. and the successful
passing of an engineer-in-training examination
;l~ provid~d
in section
l~
of this
chapter.
6
7
Id) The following sh;lll
b~
considered as minimum evidence thJ.t the applicant is
qualified for certification as a land-surveyor-in-training:
graduation in an approved land surveying curriculum of four
years or more.
8
(1)
9
and the successful passing of land-surveyor-in-training examination as provided
(4)
10
in section 14 of this chapter: or
11
(2)
12
experience
1:3
knowledge and skill approximating that acquil'ed through graduation in an
14
approved surveying curriculum of four
a specific record of four
In
(4)
years or more of surveying education and
surveying work. indicating that the applicant has acquired
(4)
years or more, and the successful
passing of a land-surveyor-in-training examination as provided in section 14 of
this chapter.
16
17
Ie) The board may waive the examination in granting a certificate of registration as
18
a professional engineer or land surveyor
19
of registration under the laws of the state of Indiana.
to
any applicant who has held a like certificate
20
(fj No person shall be eligible for registration as a professional engineer or land
21
surveyor or certification as an engineer-in-training or land-surveyor-in-training, who
22
has been convicted of:
2:3
( 11 an act which would constitute grounds for disciplinary sanction under teetian
:24
~
*
Htts ehe~£ef: Ie 25-1-10; or
(2) a felony that has a direct bearing on his ability to practice competently.
:26
_I
.)
(gl
In considering the qualifications of applicants. responsible charge of engineering
teaching shall be construed as responsible charge of engineering work. and responsible
charge of surveying teaching shall be construed as responsible charge of surveymg
work. An applicant who holds a degree of master of science of engineering. or the
30
equivalent thereof from a curriculum in engineering approved by the board, may be
;:; 1
given a maximum credit of one ( 11 year of experience in addition to the credit of four
......)
"-
14)
years of education. An applicant who holds a degree of doctor of philosophy. or the
equivalent thereof fl'om a curriculum in l'ngineering appro\'ed by the board. may he
given a maximum of credit of two
HB1768DIRl
(2)
years of expenence in addition to a
cr~dit
of four
CC.:'Ijo.05,1991
•
1
(41 years of education. Graduation in a course other than engineering or land sun'eying
2
from a college or university acceptable to the board mJ.Y be considered as eqUivalent to
3
two 121 years' engineering or land sun'eying experience and education. The mere
~
execution. as a contractor of work designed by a
.:>
SUper\'l51On of the construction of such work
6
be deemec. to be engineering experience.
,-
7
J. foreman or superintendent snJ.ll not
qualincation~
Ih) Any person having the necessary
engineer. or the
prescribed in this chapter to
8
entitle him to registration shall be eligible for such registration although he may not be
9
engaged in engineering work or land surveying work at the time of making his
10
11
application.
SECTION 99. IC 25-31-1-24 IS
AME~DED
TO READ AS FOLLOWS: Sec. 2·1.
~
12
All hearings conducted by the board shall be held pursuant to IC 4-21..=)-3. Approval by
13
a majority of all members of the board shall be required for any action to be taken.
14
+-&+ +fie. ~ f.e¥ geee ~ sl:IffleieRt FetlSeRS
issl:le tl eeniAetite -te ~ tl!,!,lietiRt
wft& ft.e.5. ~ aeRiea tl eeniAetlte.
16
!,erseR ~ eertiAeate fl.tb ~ re\'ehee. !,revises t.fl.ttt a+
17
.ffi~.ef
19
s-t:tffl iSSl:ltlRee
6't'
&¥ ~
~
F>
18
reissl:le
8:
eeniAetite ef FegistFtltiel'l -te
~~
~
--+-- Fl'Ieffie!:!l'S ~
,'eiSStltlRee.
SECTION 100. IC 25-34.1-3-3.1 IS AME;-';DED TO READ AS FOLLOWS: Sec. 3.1.
(a) To obtain a salesperson license, an individual must:
be at least eighteen t 18) years of age before applying for a license and must
20
(1)
21
not have a conviction for:
22
(A)
23
Ib g;; ;, t.l S 1.1: Ie 25-1-10; or
24
(BI
25
competently;
an act that would constitute a ground for disciplinary sanction under
a crime that has a direct bearing on the indiVidual's ability to practic!:!
26
121 ha ve successfully completed courses in the principles. practices. and law of reJ.l
.,_I
estate. totaling eight
2~
at an accredited college or university or have successfully completed an approved
2']
salesperson course as provided in IC 25-34.1-5-.510.1:
30
(31
:n
commission and an application containing the name. address, and age of the
.,-
applicant. the name
.)
.)
18.1
semester credit hours. or their eqUivalent. as a student
apply for a license by submitting the application fee prescribed by
und~r
\\'hich the applicant intend5 to conduct
')'.'
principal broker's address whel't' the business is
::4
compliance with
.\.\
-
J.S
profe5~ional
HB 176R'DI 81
subdi\'i~ion
l2 I.
to
bllsin~ss.
th~
the
be conducted. proof of
and any other information the commis:,lOn
CC.:\0.05:1901
•
'.
1
requires:
2
14' pass a written examination prepared and administered by the commission or
:3
its duly appointed agent: and
submit not more than one hundred twenty (120) days after the date
1,-),
notice of passing the written examination under subdivision
'J
(4)
is mailed:
6
(A) the license fee of twenty-fiw dollars : ~2SI: and
7
(B) a sworn certification of a principal broker that the principal broker intends
8
to
9
termination of the association is given to the commission.
10
11
associate with the applicant and maintain that association until notice of
(bl Upon the applicant's compliance with the requirements. of subsection lal. the
commission shall:
12
11)
13
who certified the applicant's association with the principal broker: and
14
(2) issue to the salesperson a pocket identification card which certifies that the
15
salesperson is licensed and indicates the expiration date of the license and the
16
name of the principal broker.
17
(C)
issue a wall certificate in the name of the salesperson to the principal broker
Notice of passing the commission examination serves as a temporary permit to
IS
act as a salesperson as soon as the applicant sends. by registered or certified mail with
19
return receipt requested. the license fee and certification as prescribed in subsection
20
~
21
following:
22
I
(a)(5)(A) and (a)(5)(B). The temporary permit expires the earliest of the
1) The date the license is issued.
12)
The date the applicant's association with the certifying principal broker
IS
terminated.
The temporary permit may not be renewed. extended. reissued. or otherwise effective
26
.,_I
for any association other than with the initial certifying principal broker.
,d I A salesperson shall:
, I! act under the auspices of the principal broker responsible for that salesperson's
20
conduct under this article:
(2)
be associated with only one
131
maintain e,,-idence of licensure in the office. branch office. or sales outlet of the
11)
principal broker:
principal broker:
:3:\
141
advertise only in the name of the principal broker. with the principal broker's
name in letters of ad\'ertising larger than that of the salesperson's name: and
HB 176ft'Dl S 1
50
CC.~0.05: 1991
•
-
not maintain any real estate office apart from that office provided by the'
1
(:) I
2
principal broker.
:3
(e l L"pon termination of a salesperson's association with a principal broker. the
4
salespe:·;;.on·;; license shall be returned to the commission within fiw (.'S' business days.
The commi"Slon shall reissue the license to
-
an~'
~ (a)(5)(B),
principal broker whose certification. as
6
prescribed in subsection
is filed with the commission. and the
7
commissIOn shall issue a new identification card to the salesperson ref1ecting that
8
change.
9
if! A salesperson license expires at midnight. December 31, of the next odd-numbered
10
year following the year in which the license is issued or last renewed. unless the
11
licensee renews the license prior to expiration by payment of a biennial license fee of
12
twenty-five dollars ($25). An expired license may be reinstated within one hundred
13
twenty (120) days after expiration. by payment of all unpaid license fees together with
14
twenty dollars ($201. If the license is renewed within eighteen (18) months. but more
15
than one hundred twenty (1201 days. after expiration. the licensee must pay a late fee
16
of one hundred dollars ($100) plus any unpaid license fees. If a salesperson f;lils to
17
reinstate a license within eighteen (18) months after expiration. a license may not be
18
issued unless that salesperson again complies with the requirements of stiBseetisFl5
19
subsection (a)(3), (a)(4). and (a)(5).
20
tg) A salesperson license may be issued to an individual who is not yet associated
21
with a principal broker but who otherwise meets the requirements of subsection lal. A
22
license issued under this subsection shall be held by the commission in an unassigned
23
status until the date the individual submits the certification of a principal broker
24
required by subsection lal(5). If the individual does not submit the application for
licensure within one hundred twenty (120, days after the mailing date of the notice of
26
passing the commission examination. the commission shall void the application and m.1y
,'-,
not issue a license to that applicant unless the applicant again compltes with the
req uirements of stiBseetisFls subsection I a 'I -11 through Ia" 5,.
Ihl If an individual holding a salesperson license is not associated with a pl'incipal
:10
broker for two (2) successive renewal periods. the commission shall notify the individual
111
"'J
0)_
writing that the individual's license will become void if the individual does not
associate with a principal broker within thirty 1301 days from the date the notification
is mailed. A void license may not be renewed.
SECTlO~
,-
101. IC 25-:1-1.1-3--1.1 IS
HB 1768;0[ 81
AME~DED
51
TO READ AS FOLLOWS: Sec. -l.1.
CC.:'II0.05: 1991
1
tal To obtain a broker license. an individual must:
2
I' be at least eighteen I 18 \ years of age before applying for a license and must
!
not have a conviction for:
,A' an act that would constitute a gl-ound for disciplinary sanction under
.J
+f. J';
6
I BI il
7
competently:
.~
1.1 €i l.1:
Ie
25-1.10; or
crime that has a direct bearing on the individual's ability to practice
8.
(2) have satisfied section 3.1Ia)(2) of this chapter and have had continuous active
9
experience for one
1.11
year immediately preceding the application as a licensed
10
salesperson in the state of Indiana: however, this one
11
requirement may be waived by the commission upon a finding of equivalent
12
experience:
13
(3) have successfully completed an approved broker course of study as prescribed
14
in IC 25·34.1-5-5Ibl;
1-5
(.4)
16
commission and an application specifying the name. address. and age of the
17
applicant, the name under which the applicant intends to conduct business. the
18
address where the business is to be conducted. proof of compliance with
19
subdivisions (2) and (3). and any other information the commission requires: .
20
(5) pass a written examination prepared and administered by the commission or
21
its duly appointed agent; and
22
(6) within one hundred twenty (120) days after the mailing date of the notice of
2:1
passing the commission examination. submit the license fee of fifty dollars' $50 I_
2-l
If an individual applicant fails to file a timely license fee. the commission shall
I
11 year experience
apply for a license by submitting the application fee prescribed by the
void the application and may not issue a license to that applicant unless that
applicant again complies with the requirements of subdi\'isions l-l'. l::i I. and
I
(6).
b To obtain a broker license. a partnership must:
I
I
I' have as partners only individuals who are licensed brokers:
\ 2 ) have at least one ( 11 partner who is a resident of Indiana;
cause each employee of the partnership who acts as a broker or salesperson
:10
13·)
:11
to be licensed: and
l-ll submit the license fee of fifty dollars ($.=)0 1 and an application setting forth the
nam-e and residence address of each partner and the information prescribed in
sub::.ection
HB 176R'DI 81
1:1 11 oll.
:;2
CC.:--;0.05.·1991
•
-
1
2
111
:l
corporation or, if no officer resides in Indiana. the highest ranking corporate
4
emplo.vee in Indiana with authority to bind the corporation in real estate
:)
tl'anSdctions:
6
12 I cause each employee of the corpor;ltion who ;lct:, as a broker or salesperson to
7
be licensed; and
R
(3) submit the license fee of fifty dollars ($50), an application setting forth the
fJ
name and residence address of each officer ;lnd the information prescribed in
10
subsection (alf 4 I, a copy of the certificate of incorporation. and a certificate of good
11
standing of the corporation issued by the secretary of state of Indiana.
have a licensed broker residing m Indiana who
IS
either an officer of the
12
(d., Licenses granted to pannerships and corporations issue. expire. are renewed. and
1:l
are effective on the same terms as licenses granted to individual brokers. except as
14
pl'Ovided in subsection (g), and except that expiration or revocation of the. license of any
15
partner m a partnership or all individuals in a corporation satisfying subsection (c 1111
16
terminates the license of that partnership or corporation.
17
(e) Upon the applicant's compliance with the requirements of subsection (a), fbi. or
18
(e),
19
which certifies the issuance of the license and indicates the expiration date of the
20
license. The license shall be displayed at the broker's place of business.
the commission shall issue the applicant a broker license and an identification card
21
(£) Notice of passing the commission examination serves as a temporary permit for
22
an individual applicant to act as a broker as soon as the applicant sends. by registered
2:1
or certified mail with return receipt requested. a timely license fee as prescribed in
24
subsection (al(6). The temporary permit expil'es the earlier of one hundred twenty I 120 I
25
days after the mailing date of the notice of passing the examination or the date a license
26
is issued.
.,-,
.-
Ici To obtain a broker license, a corporation must:
'g' A broker license expires. for individuals. at midnight. December 31 and. for
::?--
corporations and partnerships. at midnight. June 30 of the next even-numbered
2~
following the year in which the license
30
renews the license prior to expiration by payment of a biennial license fee of fifty dollal's
31
($50). An expired license may be reinstated within one hundred twenty ,1201 days after
."'l.")
,)-
expiration by payment of all unpaid iicense fees together with twenty dollars 1$20,. If
3:1
the license is renewed withm eighteen l181 months. but more than one hundred twenty
34
1120) days. after expiration. the licensee must pay a late fee of one hundred dolbrs
HB 1768:Dl 81
IS
~'ear
issued or last renewed. unless the licensee
.!j3
CC.No.O.!j 1fJ91
•
1
($100) plus any unpaid license fees. If a broker fails to reinstate a license within\
2
eighteen 'IS I months after expiration. a license
3
again complies with the requirements of subsection, a 1141. 'a 11.5). and (a 1161.
ma~'
not be issued unless the broker
'h ,-\. p.lrtnership or a corporation may not be a broker-salesperson . .-\.n
broker who a:>sociares as a broker-salesperson with a principal broker
sh~\lI
indi\'idu~\l
immedi;Hel\'
~\nd
6
notify the commission of the name and business address of the principal broker
7
an:-' changes of principal broker that may occur. The commission shall then change the
8
address of the broker-salesperson on its records to that of the principal broker.
9
10
SECTIO~
of
102. IC 25-34.1-6-2 IS AME~DED TO READ AS FOLLOWS: Sec. 2. la;
.-\. person who:
performs the acts of a salesperson without a salesperson license:
11
111
12
(2) performs the acts of a broker without a broker license: or
13
1.3) conducts. or solicits or accepts enrollment of students for. a course as
14
prescribed in IC 2.5-34.1-3 without course approval:
~~
Class A infraction. Upon conviction for an offense under this
15
commits a
16
section. the court shall add to any fine imposed. the amount of any fee or other
17
compens.ltion earned in the commission of the offense. Each transaction constitutes a
18
separate offense.
19
(b) In all actions fOl' the collection of a fee or other compensation for performing acts
20
regulated by this article. it must be alleged and proved that, at the time the cause of
21
action arose, the party seeking relief was not in violation of this section.
22
2:3
24
(c) ThE! commission may issue a cease and desist order to prevent violations of this
section.
',II If the commission determines that a person is notating this section. or is
believed to be \'iolating this section. the commission may issue an order to that
26
person setting forth the time and place for a hearing at which the affected person
may appear and show cause as to why the challenged actl\'ities are not in
\'iolation of this section.
iZ) After an opportunity for hearing. if the commission determines that the person
30
is violating this section. the commission shall issue a cease and desist order which
:31
shall describe the person and activities which are the subject of the order.
{:3 \ A cease and desist order issued under this section is enforceable in the cirCUit
courts of this state.
34
Id) The attorney general. the commission. or the prosecuting attorney of any county
HB 176R:DI 81
CC.~o.0.5'
1991
1
in which a violation occurs may maintain an action in the name of the state of Indiana \
:2
to enjoin a person from violating this section.
3
tel In charging any pel'son in a complaint for an injunction or in affidavit.
~
information. or indictment with the \'iolation of the provisions of this section. it is
:)
sufficient. without a\'erring any further or more particular facts.
6
person upon a certain day and in a certain county either acted as a real estate broker
7
or salesperson not having a license or conducted. or solicited or accepted enrollment of
8
students for. a broker or salesperson course without course approval.
9
10
11
-
to
charge that the
(f) Each enforcement procedur'e established in this section is supplemental to other
enforcement procedures established in this section.
SECTION 10:3. IC 2.5-36-1-12 IS
A~IE~DED
TO READ AS FOLLOWS: Sec. 12. la)
12
Television and radio service technician. An applicant for this license shall be at least
13
eighteen \ 18) years of age. who has not been convicted of +-A4 an act which would
14
constitute a ground for disciplinary sanction under seetieA
15
Ie
16
competently and who:
25·1.10 or
~
~
* HHs eABtf'lter
a felony that has a direct bearing on his ability to practice
17
(1)
18
apprentice television and radio service technician under the direct and personal
19
supervision of a television and radio service technician;
20
(2)
21
servicing equipment if such experience in servicing equipment has been had
22
outside Mte
23
(;j)
has been for an aggregate period of not less than two
shall have an aggregate period of not less than four
~-ef.'
(4)
(2)
years as an
years experience
In
Indiana;
exhibits a diploma or certificate showing satisfactory completion of a course in
2~
servicing receiving equipment conducted in a school under the Jurisdiction of the
')-
-:)
department of education or appro"'ed by the federal government for vocational
26
training of honorably discharged veterans of the armed forces of the Cnited
_.
",-
States:
2 ...
141
29
correspondence school or trade school. appro .... ed by the board. and has had
10
experience as an apprentice television and radio service technician for not less
:31
than an aggregate period of one ( 1) year. However. if this experience has been had
:12
outside
:~1
not iess than two
1~
(bl
* .\ffieFted:: or
has successfully completed a course in servicing receiving equipment from a
~ ~-ef.'
Indiana. such experienct! must bt! for an agglt!gate pt!riod of
(2)
years.
Apprentice television and radio st!rvice technician. An applicant for
HB 17681DI 81
.1
registratIOn
CC.:-':0.05,1991
•
1
certificate as an apprentice television and radio service technician must be at least"
2
sixteen' 16' years of age who has not been convictE'd of:
3
, 1) an act which would constitute a ground for disciplinary sanction under satisR
4
+-7r.+ ~
~
ehaflter: IC 25·1.10; or
,2, a felon~" that has
J.
direct bearing on his abilit,.." to practice competentl .... :
6
and shall have the application signed by the television and radio service technician
7
under whose direct and personal supervision he will be learning to render sen"ice"
8
9
IC)
Antenna installer. An applicant for an antenna installer license shall be at least
eighteen (18) years of age. who has not been com'icted of W an act which would
10
constitute a ground for disciplinary sanction under seetiSR. ~
11
IC 25·1·10 or
12
competently and who:
~
~ ~
ehaflter
a felony that has a direct bearing on his ability to practice
has been engaged for an aggregate period of not less than one
:vear as an
13
( 1)
14
apprentice in rendering service on antenna receiving systems under the direct and
15
personal supervision of an antenna installer:
16
(2)
17
in rendering service on antenna receiving systems if such experience has been had
18
outside tfte
19
(3)
20
servicing antenna receiving systems conducted in a school under the jurisdiction
21
of the department of education or approved by the federal government for
22
vocational training of honorably discharged veterans of the armed fOI"ces of the
23
Cnited
24
(4)
2:')
from a correspondence or trade school, approved by the board and has had
26
experience as an apprentice antenna installer for not less than an aggregate period
shall have had an aggregate period of not less than two
~-M
12)
(1)
years experience
Indiana:
exhibits a diploma or certificate showing satisfactory completion of a course in
St~tes: ~
.\fReriea:
01'
has successfully completed a course in servicing antenna receinng systems
of six
(6)
months. If this experience has been had outside
~ ~.ef
Indlan..l.
such experience must be for an aggregate period of not less than one I 11 year.
Id, Apprentice antenna installer. An applicant for a registration certificate as an
.10
apprentice antenna installer must be at least sixteen 1161 years of age who has not been
:n
convicted of:
., 'J
.)-
I
1) ~m act which would constitute a ground for disciplinary sanction under 51::'eUSA
~.ef ~ eha~ter:
Ie 25·1·10; or
121 a felony that has a direct bearing on his ability to practice competently:
HB 1768101 81
;36
CC.~o.O:)i 1991
and shall hJse the applIcation signed by the antenna installer under whose direct and
-
personJ.. :;upervlsion he will be learning to render se!·\·lce.
2
.....)
3ECTIO\: W-I. Ie 25-:11'3-1-16 IS A:\[E\."DED TO RE.-\D .-\5 FOLLO\\'5: Sec. Hi.
~
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r
pnq:HHt therer:t,r
~~
~
i-&
9
wftt.e.ft W tlf!f!lieatteA
Hte aaSFejE
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10
&t'
fH.5
1i~f!lieliti6R ~
lieeA5e
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Iieet'lse. ("
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~
rqt::terea ~ ee,'uiicd ~
+R ....'I'iUAg -&+ Hte
&e eeRies. 5t15pet'laee.
&t'
grAtiRfL i1ft
Fe"€!ltea.
He::mngs before the board. as well as appe<Its therefrom. shall be <Iccording to
I1
Ie -1-:21.'). Approval by a m<Ijo!'lty of ..lll members of the board sh;lll be required for ..lny
12
action to be taken ....
13
Page 1·5. line 9. renumber
1-1
Page
1.5.
line
SECTIO~
-12 as
SECTIO~
10. before "Ie 25·8·4-16"
10.5.
insert in
roman "Ie :2.5-2-1-13.1:
IC 2'}-"'-],-1.5.1: IC 2.5--1-:2-9: Ie 2·5-6.1--1-1.1: Ie 2·5-7-1-16.1: Ie
I :j
Page :..j. Ime 10. delete "." ..lnd Insert
lti
-
~ I"AliJitng ~ ~ tl~pjJl:?lilH &t' it€LI'.,::c:t:.
In
"rc
loman
2:j·;;'-:~-:2:):".
25-8-1-1-2: Ie
:2·5-~-1-1-:;:
17
Ie 25-8-14-4:
Ie 25-15-8-3:
IC 25·15-8-13:
Ie :25-15-8-1-1:
Ie 25-15-8-15:
IS
Ie 25-15 .. 8·16:
IC 25-15-8-17:
IC 25-15·8·18:
Ie 2.5-21'. ..,)-1-27.1;
19
Ie 2·5·30-1-18: IC 25-31-1-22.1: Ie 25·31-1-2:3: IC 2.5-31-1-32: IC 25·34.1·6·1.1:
20
IC 25-34.1-8·8: IC 25·36·1·1.5.1. ...
Ie 25·30·1·4:
21
Page 15. delete lines 11 through 16. begin a new paragraph and msert the following:
22
"SECTI0I\j 106. This act takes effect as follows:
21
SECTIONS 1 through 45 ..... _ . . . . . . . . . . . . . . . . . . . . "
2-1
SECTION 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . January 1. 1992
-:)
.')
-
SECTIONS 47 through 51 . . . . . . . . . . . . . . . . . . . . . . . . . . , July 1. 1991
26
SECTIONS 52 through 53 . . . . . . . . . . . . . . . . . . . . . . . . January 1. 1992
,-
SECTIONS 54 through 105 . _ ..... _ ............. _ ... July 1. 1991"
Reference
IS to
EHB 1768 as printed Api'll 6. 1991.
July 1. 1991
I
~~d~~
--------~~~~----~-----------
At'A, ~ative
C.('cp
BOUSE CONFEREES
WBEBLBR, Senator
CONFERENCE COMMITTEE DIGEST
FOR HB 1768
Citations Affected: IC 5-2-5-5: IC 25.
Synopsis: Professional licensing. Makes numerous changes in the law concerning
cosmetology including: 1.1) establishing manicurist salon licenses: (21 establishing
electrology salon licenses: 1:31 adding to the qualification!'; for state board of cosmetology
membership: ~4) providing for rules prescribing samtary requir.ements for electro logy
salons. estheticians salons. and manicuring salons: \5, providing for temporary permits
to perform cosmetology: (61 providing for restrictions on restoration of manicurist salon
licenses, €'lectrology licenses. and esthetician licenses: and (7) changing the licen~ing
requireme·nts for electrologist licenses. esthetician licenses, and manicurist licenses.
Allows the release of a private detective applicant's limited criminal history to the
private detective licensing board and to the Indiana profess.ional licens.ing agency.
Creates standards of practice for all professions regulated by the Indiana professional
licensing agency. Allows sanctions against accountants for not completing continued
education requirements. Corrects internal references. Amends the requirements for the
registration of out-of-state architects based upon the date the architect was registered
in another jurisdiction. Allows the board of registration for architects to give a written
examination or oral interview to an out-of-state architect who does not meet the
examination requirements. Includes temporary permit holders under the defmition of
licensee. Removes the requirement that a person who fails. two successive examinations
must wait one year before taking another examination. Allows the Indiana auction
commission to enter into reciprocal agreements with other states to waive the licens.ing
examination. Establishes procedure for the application of a temporary permit. Expands
coverage of sanctions from individuals to include a .licensed organization. Requires
holders of temporary permits. to pay the auctioneer I'ecovery fund surcharge. ;\1akes
numerous changes in the statute governing the licensure of barbers. ReqUires persons
who provide pay per view cable telecasts of boxing or wres.tling matches or the
subscriptions to those telecasts to pay the gross sales tax. Requires the private
detectives licensing board to elect a vice president. Deletes the 12 meeting per year
J·estriction. Requires at least one pal'tner 01' cOl'pOl'ate officer to meet the personal
qualifications. Changes identification requirements for employees. \lakes a resident
private detective responsible for a nonr~sldent private d~tecti\'e. ReqUires 1I1sur.1I1L'e f0r
private detective busines.ses with more th;ln l5 employees and ;lllows smaller
busmesst!s. the choice between J. bond or ins.urance. Amends the license renewal process.
Establishes expiration of identification cards. late fees. and sanctions. \bkes certam
actions Class A infractions. Allows the bO~lI'd to issue cease and de:;ist orders and se~k
injunctions. Repeals a section on prior licenses. Removes a provision allowing the
engineering and land surveyors board to issue a certificate to persons who have been
denied ~\ ceninc;lte. Require~ s.ubmitting ;l salesperson \ in real estate) license .J.nJ
certification ..... ithin 120 d;lYs :lfter the date notice of passing the written examin;ltlon
administered by the commission is matled. Provides for enforcement agamst individuals.
corporations. or partnerships. :\lake~ it a Clas~ A mfraction. rather th.J.n a Class B
HB 1i68, DI R1
CC.No.05 1991
infraction. to: 111 perform the acts of a salesperson without a salesperson license: 12 I"
perform the acts of a broker without a broker license: or 1:11 conduct. solicit. or accept
enrollment of students for d. course not approved under the law governing approval of
educational courses. Repeals numerous sections. including: 11 I a section on qualifications
for a cos metology inspector: 121 :l section on charges ;lgainst an engineer or land
!,un,:\",r: :.1nd 81 an obsolete section that refers to ~l Llw repe;lled in 19·+1.
Effective: July 1. 1991: January 1. 1902.
-
-
HB 176S'DISl
cc. :'>io. 05
1991
BIBLIOGRAPHY
Berman, Melissa A. (1988, February). Checking Financial Fraud. Across the Board.
pp.8-11.
Buckley and Weston. (1980). Regulation and the Accounting Profession. Wadsworth.
Commission for Higher Education. (1990). Extension of Credit Hours Required for a
Baccalaureate Degree: A Working Paper.
Conference Committee Report. (1991, April). House Bill 1768.
Facts About: The 150-Hour Education Requirement for Prospective CPA's. Indiana
CPA Society.
Hall, William D. (1987). Accounting and Auditing: Thoughts on Forty Years in Practice
and Education. Arthur Andersen & Co.
Here is Your Indiana Government. (1989). Indiana State Chamber of Commerce.
-
Indiana Code. (1980) 25-2-1.
Indiana General Assembly: Legislative Directory. (1991). Indiana State Chamber of
Commerce.
Johnson, Steven R. (1991, April). Personal Interview.
Johnson, Steven R. (1991). Senate Bill 276.
Legislative Chamber Book. (1991). Indiana State Chamber of Commerce.
McGee, Robert W., CPA, J.D., Ph.D. (1987, January). SEC Commentary. CPA Journal,
pp.86-87.
Mendel, John. (1991). Glossary of Legislative Terms.
Newman, Bernard H., CPA, Ph.D. (1986, November). SEC Commentary. QEA.
Journal, pp. 104-106.
Nunn, Larry E. (1991, April). Personal Interview.
Palmer, Mark A. (1991, April). Personal Interview.
Roll Call Vote. (1991, February).