Introduced Version






HOUSE BILL No. 1267

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 25-4-1.

Synopsis: Architect registration renewal. Requires that notification must be mailed to an architect who fails to renew the architect's certificate of registration. Creates a one year registration renewal program for architects who failed to renew their registration and subsequently meet certain requirements. Establishes the renewal program fund to allow the professional licensing agency to administer the renewal program and notification requirements.

Effective: July 1, 2012.





Klinker




    January 9, 2012, read first time and referred to Committee on Employment, Labor and Pensions.







Introduced

Second Regular Session 117th General Assembly (2012)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1267



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 25-4-1-14; (12)IN1267.1.1. -->     SECTION 1. IC 25-4-1-14, AS AMENDED BY P.L.105-2008, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14. (a) Every registered architect who continues in active practice shall, biennially, on or before the date established by the licensing agency under IC 25-1-6-4, renew the registered architect's certificate of registration and pay the required renewal fee.
    (b) Except as provided in subsection (f), an architect registered or licensed in Indiana who has failed to renew the architect's certificate of registration for a period of not more than five (5) years may have the certificate of registration reinstated by meeting the requirements of IC 25-1-8-6(c).
    (c) An architect registered in Indiana who has failed to renew the architect's certificate of registration for more than five (5) years may have the certificate of registration reinstated by satisfying the requirements for reinstatement under IC 25-1-8-6(d).
    (d) If any registered architect desires to retire from the practice of architecture in Indiana, the architect may submit to the board the

architect's verified statement of intention to withdraw from practice. The statement shall be entered upon the records of the board. During the period of the architect's retirement, the architect is not liable for any renewal or restoration fees.
    (e) If any retired architect desires to return to the practice of architecture in Indiana, the retired architect must meet the following requirements:
        (1) If the certificate of registration has been expired for not more than five (5) years, the retired architect must:
            (A) file with the board a verified statement indicating the architect's desire to return to the practice of architecture; and
            (B) pay a renewal fee equal to the fee set by the board to renew an unexpired registration under this chapter.
        (2) If the certificate of registration has been expired for more than five (5) years, the retired architect must:
            (A) file with the board a verified statement indicating the architect's desire to return to the practice of architecture;
            (B) pay a renewal fee equal to the fee set by the board to renew an unexpired registration under this chapter; and
            (C) complete remediation and additional training established by the board based on the length of time the certificate of registration has been expired.
     (f) If an architect:
        (1) fails to renew the architect's certificate of registration; and
        (2) is not retired from the practice of architecture;
the board shall notify the architect by certified or registered mail not more than sixty (60) days after the date established by the licensing agency under IC 25-1-6-4 for renewal of the architect's certificate of registration.

SOURCE: IC 25-4-1-33; (12)IN1267.1.2. -->     SECTION 2. IC 25-4-1-33 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 33. (a) As used in this section, "agency" refers to the Indiana professional licensing agency established by IC 25-1-5-3.
    (b) The agency shall create a certificate of registration renewal program for persons required to have a certificate of registration under this chapter who do not renew their certificates of registration for one (1) or more periods during the period beginning January 1, 2005, and ending June 30, 2012.
The license renewal program begins July 1, 2012, and ends June 30, 2013.
    (c) To be eligible for the program, the person must:
        (1) have held a valid certificate of registration under this chapter on January 1, 2005;
        (2) have met the renewal requirements for being issued a renewal of the certificate of registration, except for submitting a renewal form and paying the renewal fee; and
        (3) provide a sworn statement that the person has not committed any act during the time the architect's certificate of registration was expired that would constitute a violation of IC 25-1-11.
    (d) When renewing a certificate of registration under this section, the individual seeking renewal shall pay:
        (1) all unpaid certificate of registration renewal fees;
        (2) the current certificate of registration renewal fee; and
        (3) an additional late fee equal to the fees collected under subdivision (1);
to be deposited in the renewal program fund.
    (e) The agency shall amend the renewal records of a person who has successfully completed the requirements under this section to reflect that the person's certificate of registration is properly renewed during each period the person's certificate of registration was expired.
    (f) This section expires December 31, 2013.

SOURCE: IC 25-4-1-34; (12)IN1267.1.3. -->     SECTION 3. IC 25-4-1-34 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 34. (a) The renewal program fund is created to allow the Indiana professional licensing agency to administer the certificate of registration renewal program under section 33 of this chapter and to pay for expenses related to renewal notification under section 14(f) of this chapter. The fund shall be administered by the Indiana professional licensing agency.
    (b) The fund consists of fees collected under section 33(d) of this chapter.
    (c) The expenses of administering the fund shall be paid from money in the fund. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
    (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.