Amendment vs bill Amendment F7XGDDC-1 vs Enrolled

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SB101 ENROLLED SB101 F7XGDDC-2 By Senators Kelley, Elliott, Kitchens, Sessions, Carnley, Shelnutt, Orr, Figures, Beasley, Bell, Jones RFD:
F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 2 4 A BILL TO BE ENTITLED AN ACT 9 Relating to the Board of Heating, Air Conditioning, and Refrigeration Contractors;
Fiscal Responsibility and Economic Development First Read:
14-Feb-24 Page 0 SB101 Enrolled Enrolled, An Act, 3 Relating to the Board of Heating, Air Conditioning, and Refrigeration Contractors;
(1) ADMINISTRATIVE PROCEDURE LAWACT.
Page 1 F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 (1) ADMINISTRATIVE PROCEDURE LAWACT.
A person other than a certified Page 1 SB101 Enrolled heating, air conditioning, or refrigeration contractor, who is engaged in learning and assisting in the installation, service, or repair of a heating, air conditioning, or refrigeration system and working under the direct supervision of a certified heating, air conditioning, or refrigeration contractor, and who has successfully fulfilled the voluntary registration requirements of the board and has been duly registered by the board as such for the current year.
A person other than a certified heating, air conditioning, or refrigeration contractor, who is engaged in learning and assisting in the installation, service, or repair of a heating, air conditioning, or refrigeration system and working under the direct supervision of a certified heating, air conditioning, or refrigeration contractor, and who has successfully fulfilled the voluntary registration requirements of the board and has been duly registered by the board as such for the current year.
Any individual who engages person engaged in the practice of testing and verifying duct air tightness in conjunction with the installation, service, or repair of a heating and air conditioning system.
Any Page 2 F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 individual who engages person engaged in the practice of testing and verifying duct air tightness in conjunction with the installation, service, or repair of a heating and air conditioning system.
Page 2 SB101 Enrolled A heating and/or or cooling apparatus consisting of an air heating and/or or cooling fixture from pipes, plenums, or blowers, including any accessory and equipment installed in connection herewith within the system.;
A heating and/or or cooling apparatus consisting of an air heating and/or or cooling fixture from pipes, plenums, or blowers, including any accessory and equipment installed in connection herewith within the system.;
The person must work b.
The person must work Page 3 F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 b.
and must receiveReceives a Form W-2, Wage and Tax Page 3 SB101 Enrolled Statement, for all earnings.
and must receiveReceives a Form W-2, Wage and Tax Statement, for all earnings.
The direction of projects involving the installation or service and repair of heating, air conditioning, and refrigeration systems requiring initiation, professional skills, technical knowledge, and independent judgment.
The direction of projects involving the installation or service and repair of heating, air conditioning, and refrigeration systems requiring initiation, professional skills, technical knowledge, and 95 independent judgment.
The act of maintaining for operation a heating, air conditioning, or refrigeration system which that has previously been installed, including parts replacement within a piece of equipment." 95 "§34-31-24 (a)(1) No individual, partnership, or corporation shall person may advertise, solicit, bid, obtain permitpermits, do business, or perform the function of a certified contractor unless the person or persons in responsible charge, as defined in Section 34-31-18, are is a certified contractorscontractor.
The act of maintaining for operation a heating, air conditioning, or refrigeration system which that has previously been installed, including parts replacement within a piece of equipment." "§34-31-24 (a)(1) No individual, partnership, or corporation shall person may advertise, solicit, bid, obtain permitpermits, do business, or perform the function of a certified contractor unless the person or persons in responsible charge, as defined in Section 34-31-18, are is a certified contractorscontractor.
(3) A contractor licensed under this chapter may not permit the use of his or her license by any other personsperson.
(3) A contractor licensed under this chapter may not permit the use of his or her license by any other Page 4 F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 personsperson.
(4) No official charged with the duty of issuing who issues licenses to any individual, partnership, or corporation person to operate a business as a certified contractor shall may issue sucha license unless there is presented for Page 4 SB101 Enrolled inspection a certificate of qualification as provided for herein issued by the board to the individual or to some the person in responsible charge with the partnership or corporation.
(4) No official charged with the duty of issuing who issues licenses to any individual, partnership, or corporation person to operate a business as a certified contractor shall may issue sucha license unless there is presented for inspection a certificate of qualification as provided for herein issued by the board to the individual or to some the person in responsible charge with the partnership or corporation.
(2) Any board certified heating and air conditioning contractor, or home builder licensed by the Alabama Home Builders Licensure Board, seeking to register as a duct tightness tester for the purposes of testing ducts on his or her own project or on a third party basis for the general public, must successfully complete the Residential Energy Services Network Home Energy Rating Systems (HERS) Rater training, the Building Performance Institute Building Analyst Page 5 SB101 Enrolled (BPI) training, or the Home Builders Association of Alabama Qualified Credentialed Air Tightness Verifier (QCATV) training.
(2) Any board certified heating and air conditioning contractor, or home builder licensed by the Alabama Home Builders Licensure Board, seeking to register as a duct Page 5 F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 tightness tester for the purposes of testing ducts on his or her own project or on a third party basis for the general public, must successfully complete the Residential Energy Services Network Home Energy Rating Systems (HERS) Rater training, the Building Performance Institute Building Analyst (BPI) training, or the Home Builders Association of Alabama Qualified Credentialed Air Tightness Verifier (QCATV) training.
Discipline for registrants may include any and all penalties authorized by this chapter." "§34-31-25 (a)(1) For the purpose of defraying the expense in carrying out the provisions of this chapter, the board may fix fees to be paid for the issuance, reissuance, and replacement of certificates, and for any other service provided by the board, but in no event shall the charges fixed by the board exceed two hundred fifty dollars ($250).
Discipline for registrants may include any and all penalties authorized by this chapter." "§34-31-25 (a)(1) For the purpose of defraying the expense in carrying out the provisions of this chapter, the board may fix Page 6 F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 fees to be paid for the issuance, reissuance, and replacement of certificates, and for any other service provided by the board, but in no event shall the charges fixed by the board exceed two hundred fifty dollars ($250).
The inactive fees may be waived for building officials or inspectors, as defined by Page 6 SB101 Enrolled the International Code Council.
The inactive fees may be waived for building officials or inspectors, as defined by the International Code Council.
(d)(c) Fees for Duct Envelope Testing Contractors application and annual renewal shall not exceed one hundred dollars ($100)." "§34-31-28 (a) All prospective certified contractors in this state desiringseeking to qualify in accordance with the provisions of this chapter shall be required to stand for a written examination before the board.
(d)(c) Fees for Duct Envelope Testing Contractors application and annual renewal shall not exceed one hundred dollars ($100)." "§34-31-28 (a) All prospective certified contractors in this state desiringseeking to qualify in accordance with the provisions of this chapter shall be required to stand for a written Page 7 F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 examination before the board.
Any applicant failing to pass his or her first examination for a certificate shall be entitled tomay take any subsequent examination, either written or, upon request of the applicant, a practical examination which is equivalent to the written examination, to be held Page 7 SB101 Enrolled within six months from the date of his or her first or latest unsuccessful examination.
Any applicant failing to pass his or her first examination for a certificate shall be entitled tomay take any subsequent examination, either written or, upon request of the applicant, a practical examination which is equivalent to the written examination, to be held within six months from the date of his or her first or latest unsuccessful examination.
The applicant shall provide evidence of such experience to the board as promulgated in the rules of the board.
The Page 8 F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 applicant shall provide evidence of such experience to the board as promulgated in the rules of the board.
(f)(d) Counties, municipalities, or other local Page 8 SB101 Enrolled entities are hereby prohibited from requiring any further local testing or satisfaction of other requirements ofby certified contractors, subject to the payment of any applicable local privilege, license, or business fees or charges.
(f)(d) Counties, municipalities, or other local entities are hereby prohibited from requiring any further local testing or satisfaction of other requirements ofby certified contractors, subject to the payment of any applicable local privilege, license, or business fees or charges.
(1) An authorized employee of the United States, the State of Alabama this state, or any municipality, county, or other political subdivision, if the employee does not hold himself or herself out for hire or otherwise engage in contracting except in accordance with his or her employment.
(1) An authorized employee of the United States, the State of Alabama this state, or any municipality, county, or other political subdivision, if the employee does not hold Page 9 F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 himself or herself out for hire or otherwise engage in contracting except in accordance with his or her employment.
however, the repair, servicing of a Page 9 SB101 Enrolled heating and air conditioning system, or the installation of a new heating and air conditioning system in a previously inspected manufactured structure is subject to this chapter.
however, the repair, servicing of a heating and air conditioning system, or the installation of a new heating and air conditioning system in a previously inspected manufactured structure is subject to this chapter.
There shall be no discrimination between contractors similarly situated, and each classification of regulated contractors for bonding purposes must be reasonable in light ofconsidering the purpose of the bond." "§34-31-32 (a) Except as provided in Section 13A-9-111.1, any personindividual engaged in business as a certified contractor or performing the functions of a certified contractor in violation of this chapter shall be guilty of a Class A misdemeanor, as defined by the state criminal code.
There shall be no discrimination between contractors similarly situated, and each classification of regulated contractors for bonding purposes must be reasonable in light ofconsidering the purpose of the bond." "§34-31-32 (a) Except as provided in Section 13A-9-111.1, any personindividual engaged in business as a certified contractor or performing the functions of a certified contractor in violation of this chapter shall be guilty of a Class A Page 10 F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 misdemeanor, as defined by the state criminal code.
The board may also remove the certification from any certified personindividual who fails to Page 10 SB101 Enrolled renew his or her certificate by the first day of March and require the person individual to apply for a new certificate.
The board may also remove the certification from any certified personindividual who fails to renew his or her certificate by the first day of March and require the person individual to apply for a new certificate.
(d)(e) The board may levy and collect administrative fines for serious violations of this chapter or the rules of the board of not more than two thousand dollars ($2,000) for each violation.
(d)(e) The board may levy and collect administrative fines for serious violations of this chapter or the rules of the board of not more than two thousand dollars ($2,000) for Page 11 F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 each violation.
(e)(f)(1)In addition to or in lieu of the criminal penalties and administrative sanctions provided in this chapter, the board may issue an order to any person, firm, or corporation engaged in any activity, conduct, or practice Page 11 SB101 Enrolled constituting that is a violation of this chapter, directing the person, firm, or corporation to cease and desist from the activity, conduct, practice, or performance of any work then being donein progress or about to be commenced.
(e)(f)(1)In addition to or in lieu of the criminal penalties and administrative sanctions provided in this chapter, the board may issue an order to any person, firm, or corporation engaged in any activity, conduct, or practice constituting that is a violation of this chapter, directing the person, firm, or corporation to cease and desist from the activity, conduct, practice, or performance of any work then being donein progress or about to be commenced.
After a hearing, the court may issue a permanent injunction shall issue after the hearing, commanding the cessation of the unlawful activity, conduct, practice, or performance of work complained of, all without the necessity of the board having to give bond.
After a hearing, Page 12 F7XGDDC-1 04/24/2024 MAP (H) HSE 2024-513 House Boards, Agencies and Commissions Reported Substitute for SB101 the court may issue a permanent injunction shall issue after the hearing, commanding the cessation of the unlawful activity, conduct, practice, or performance of work complained of, all without the necessity of the board having to give bond.
A temporary restraining order, preliminary injunction, Page 12 SB101 Enrolled or permanent injunction issued pursuant to this subsection shall not be subject to being released on bond.
A temporary restraining order, preliminary injunction, or permanent injunction issued pursuant to this subsection shall not be subject to being released on bond.
Page 13 SB101 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB101 Senate 27-Feb-24 I hereby certify that the within Act originated in and passed the Senate.
Page 13
Patrick Harris, Secretary.
House of Representatives Amended and passed:
30-Apr-24 Senate concurred in House amendment 30-Apr-24 By:
Senator Kelley Page 14