SB 488-1_ Filed 01/29/2002, 15:04

COMMITTEE REPORT




MR. PRESIDENT:

    The Senate Committee on Public Policy, to which was referred Senate Bill No. 488, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 3, line 18; (02)AM048802.3. -->     Page 3, line 18, reset in roman "Any lifting device in a private residence."
    Page 3, line 18, before "A" begin a new line block indented and insert:
        " (13)".
    Page 3, line 22, strike "(13)" and insert " (14)".
    Page 3, line 23, delete "(14)" and insert " (15)".
    Page 3, delete lines 25 through 42.
    Page 4, delete lines 1 through 30.
    Page 4, line 35, delete "July" and insert " December".
    Page 5, between lines 4 and 5, begin a new line block indented and insert:
        " (6) ANSI A90.1 Safety Code for Manlifts.".
    Page 5, delete lines 9 through 10.
    Page 5, line 11, delete "(e)" and insert " (d)".
    Page 5, line 13, delete "one (1) year" and insert " eighteen (18) months".
    Page 5, delete lines 15 through 28, begin a new paragraph and insert:
    " (e) The commission may amend the national codes as a condition of the adoption under subsections (b), (c), and (d).".
    Page 5, line 32, after "regulate regulated" insert " :
         (1)".
    Page 5, line 32, after "devices" insert " ;
         (2)".
    Page 5, line 32, delete "and regulated" and insert " ;
         (3)".
    Page 5, line 33, after "devices" insert " ;".
    Page 5, line 33, after "and" begin a new line block indented and insert:
        " (4)".
    Page 7, between lines 26 and 27, begin a new paragraph and insert:
    " (d) The regulated lifting device must be installed or altered in compliance with:
        (1) applicable codes; and
        (2) the details of the application, plans, specifications, and conditions of the permit.
".
    Page 7, line 27, delete "(d)" and insert " (e)".
    Page 8, line 9, delete "six (6) months" and insert " one (1) year".
    Page 8, line 12, delete "sixty (60)" and insert " one hundred eighty (180)".
    Page 8, line 21, after "IC 25-41-5." insert " However, the erection, construction, installation, alteration, or maintenance of a regulated lifting device to which ASME A18.1 applies is not required to be performed by a mechanic licensed under IC 25-41-5.".
    Page 8, line 41, strike "commission," and insert " office,".
    Page 9, delete lines 4 through 37, begin a new paragraph and insert:
SOURCE: IC 22-15-5-4; (02)AM048802.15. -->     "SECTION 15. IC 22-15-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) The office shall carry out a program for the periodic inspection of regulated lifting devices being operated in Indiana. The office shall issue A regulated lifting device operating permit to an applicant who qualifies under this section. may not be operated without an operating certificate that covers the operation of the regulated lifting device.
    (b) A permit issued under this section expires on the date set in the rules adopted by the commission. earlier of:
        (1) one (1) year after issuance; or
        (2) when the regulated lifting device is altered.

    (c) To qualify for a permit under this section an After a regulated lifting device has been installed or altered, an applicant shall apply for an initial operating certificate. The office shall issue an initial operating certificate for a regulated lifting device if:
        (1)
the applicant must (1) demonstrate: demonstrates:
             (A) through an acceptance inspection made by an elevator

inspector licensed under IC 25-41-4-1 that the regulated lifting device covered by the application complies with the laws governing its construction, repair, maintenance, and operation; and
            (2) pay (B) that the applicant has paid the fee set under IC 22-12-6-9 ; and
        (2) the office verifies, through an inspection, that the regulated lifting device complies with the laws governing the construction, repair, maintenance, and operation of the regulated lifting device.

     (d) The office shall issue a renewal operating certificate if the applicant:
        (1) demonstrates through the completion of applicable safety tests that the regulated lifting device complies with the laws governing the construction, repair, maintenance, and operation of the regulated lifting device; and
        (2) has paid the fee set under IC 22-12-6-9.

    (d) (e) The office may issue a temporary operating permit to an applicant under this section who does not comply with subsection (c)(1). (c)(1)(A) for a new or altered regulated lifting device or subsection (d)(1) for an existing unaltered regulated lifting device. The applicant must pay the fee set under IC 22-12-6-9 to qualify for the temporary operating permit. Except as provided in subsection (e), (f), the permit, including all renewal periods, is limited to sixty (60) days.
    (e) (f) The state building commissioner may renew a temporary operating permit issued under subsection (d) (e) for thirty (30) day periods during the construction of a building if the regulated lifting device is used for the transportation of construction personnel, tools, and materials.
    (f) (g) The responsibilities of the office under this section may be carried out by a political subdivision that is approved by the commission under IC 22-13-2-10.
     (h) A copy of the operating certificate shall be displayed in or on each regulated lifting device or in an associated machine room.".

SOURCE: Page 16, line 42; (02)AM048802.16. -->     Page 16, after line 42, begin a new paragraph and insert:
    " Sec. 2. "Agency" refers to the Indiana professional licensing agency established by IC 25-1-6-3 (a).".
    Page 17, line 1, delete "2." and insert " 3.".
    Page 17, line 3, delete "3." and insert " 4.".
    Page 17, line 4, delete "department" and insert " agency".
    Page 17, delete lines 7 through 8.
    Page 17, line 10, delete "department" and insert " commission".
    Page 17, line 24, delete "department" and insert " commission".
    Page 17, line 32, delete "department" and insert " commission".
    Page 19, line 1, after "prepared" insert " by the commission".
    Page 19, line 1, delete "department" and insert " agency".
    Page 19, line 8, delete "department" and insert " commission".
    Page 19, line 10, delete "department" and insert " agency".
    Page 19, line 21, delete "department." and insert " agency.".
    Page 19, line 23, delete "department" and insert " agency".
    Page 19, line 28, delete "department" and insert " commission".
    Page 19, line 37, delete "department" and insert " commission".
    Page 19, line 41, delete "department" and insert " commission".
    Page 20, line 13, delete "department" and insert " commission".
    Page 20, line 28, delete "department" and insert " agency".
    Page 20, line 39, delete "department." and insert " agency.".
    Page 21, line 4, delete "department" and insert " commission".
    Page 21, line 8, delete "department" and insert " commission".
    Page 21, line 23, delete "department" and insert " commission".
    Page 21, line 25, after "Indiana" insert " , including current employment in Indiana,".
    Page 21, line 30, delete "licensed as contractors under IC 25-41-3 ".
    Page 21, line 32, after "prepared" insert " by the commission".
    Page 21, line 32, delete "department;" and insert " agency;".
    Page 21, between lines 32 and 33, begin a new line block indented and insert:
        " (3) furnish proof of at least:
            (A) eighteen (18) months experience in the elevator industry; and
            (B) three (3) years experience in a related field that is certified by an elevator contractor licensed under IC 25-41-3 ;
        and successfully complete a written competency examination prepared by the commission and administered by the agency;
".
    Page 21, line 33, delete "(3)" and insert " (4)".
    Page 21, line 34, delete "nationally recognized".
    Page 21, line 35, delete ", including the" and insert " approved by the commission;".
    Page 21, delete lines 36 through 37.
    Page 21, line 38, delete "(4)" and insert " (5)".
    Page 22, line 3, delete "(5)" and insert " (6)".
    Page 22, line 12, delete "department and" and insert " agency and".
    Page 22, line 12, delete "department issue" and insert " agency issue".
    Page 22, line 21, delete "department;" and insert " agency;".
    Page 22, line 35, delete "department" and insert " agency".
    Page 22, line 36, delete "department" and insert " agency".
    Page 23, line 7, delete "department" and insert " agency".
    Page 23, line 17, delete "department." and insert " commission.".
    Page 23, line 28, delete "department." and insert " agency.".
    Page 23, line 37, delete "of" and insert " sponsored by".
    Page 23, line 37, delete "department;" and insert " commission;".
    Page 24, line 6, delete "department" and insert " agency".
    Page 24, line 11, delete "department," and insert " agency,".
    Page 24, line 18, delete "department." and insert " agency.".
    Page 24, line 19, delete "department" and insert " agency".
    Page 24, line 25, delete "department" and insert " agency".
    Page 24, line 30, delete "department" and insert " agency".
    Page 24, line 38, delete "division" and insert " commission".
    Page 24, line 41, delete "department." and insert " commission.".
    Page 25, line 6, delete "department" and insert " commission".
    Page 25, line 16, delete "department" and insert " commission".
    Page 25, delete lines 26 through 35.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 488 as introduced.)

and when so amended that said bill do pass .

Committee Vote: Yeas 7, Nays 2.

____________________________________

Senator Wyss, Chairperson


AM 048802/DI 71    2002