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Indiana House Bill HB1647

Indiana 2023 Regular Session

Indiana House Bill HB1647 Compare Versions

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1+*EH1647.1*
2+March 29, 2023
3+ENGROSSED
4+HOUSE BILL No. 1647
5+_____
6+DIGEST OF HB 1647 (Updated March 27, 2023 6:35 pm - DI 55)
7+Citations Affected: IC 16-41.
8+Synopsis: Residential onsite sewage systems. Prohibits the installation
9+of a residential onsite sewage system less than 25 feet from the edge of
10+a sinkhole. Provides that if: (1) a professional soil scientist has
11+determined that a site is suitable for the installation of the residential
12+onsite sewage system; and (2) a registered professional engineer, a
13+registered soil scientist, a septic system installer or inspector licensed
14+by the county, or the designer of the system has approved the design
15+(Continued next page)
16+Effective: July 1, 2023.
17+Morris, Soliday, Pressel, Judy
18+(SENATE SPONSORS — BYRNE, GARTEN, NIEZGODSKI)
19+January 19, 2023, read first time and referred to Committee on Environmental Affairs.
20+February 16, 2023, amended, reported — Do Pass.
21+February 20, 2023, read second time, ordered engrossed.
22+February 21, 2023, engrossed. Returned to second reading.
23+February 23, 2023, re-read second time, amended, ordered engrossed.
24+February 24, 2023, re-engrossed.
25+February 27, 2023, read third time, passed. Yeas 75, nays 19.
26+SENATE ACTION
27+March 6, 2023, read first time and referred to Committee on Environmental Affairs.
28+March 28, 2023, amended, reported favorably — Do Pass.
29+EH 1647—LS 7433/DI 55 Digest Continued
30+and specifications for the residential onsite sewage system; the local
31+health department shall issue a permit for the residential onsite sewage
32+system not more than 30 business days after receiving a complete
33+application for the permit. Provides that a residential onsite sewage
34+system may be installed in a lot meeting a certain description if at least
35+one site on the lot is determined to be suitable for the installation of the
36+residential onsite sewage system. Prohibits an officer or employee of
37+a local health department from entering a property to inspect a
38+residential onsite sewage system: (1) if a licensed septic system
39+installer or inspector, an onsite sewage system technician, or a
40+registered professional engineer has notified the local health
41+department within the preceding 180 days that the residential onsite
42+sewage system is functioning properly; or (2) if the owner or occupant
43+has not been notified of the inspection by first class mail at least seven
44+days before the inspection date. Provides that if a local health
45+department determines that a residential onsite sewage system is in
46+failure and orders that the system failure be corrected but the owner or
47+occupant of the property contracts with an onsite sewage system
48+technician, a professional engineer, or a system installer or inspector
49+for an independent determination whether the residential onsite sewage
50+system is in failure, the order of the local health department requiring
51+that the system failure be corrected is stayed until the report of the
52+independent determination is presented or until 60 days after the date
53+of the order. Provides that if the onsite sewage system technician,
54+professional engineer, or system installer or inspector determines that
55+the residential onsite sewage system is not in system failure, the local
56+health department shall: (1) withdraw its order; or (2) conduct an
57+investigation to make a new determination whether the residential
58+onsite sewage system is in system failure. Provides that an individual
59+who: (1) is licensed in at least one county of Indiana to provide onsite
60+sewage system service; and (2) is certified as an inspector or installer
61+by the Indiana Onsite Wastewater Professionals Association (IOWPA)
62+and is a member in good standing of IOWPA; is entitled to provide
63+onsite sewage system service in any county in Indiana, but may be
64+required to pay a county license fee before providing onsite sewage
65+system service in a county other than the county in which the individual
66+is licensed.
67+EH 1647—LS 7433/DI 55EH 1647—LS 7433/DI 55 March 29, 2023
168 First Regular Session of the 123rd General Assembly (2023)
269 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
370 Constitution) is being amended, the text of the existing provision will appear in this style type,
471 additions will appear in this style type, and deletions will appear in this style type.
572 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
673 provision adopted), the text of the new provision will appear in this style type. Also, the
774 word NEW will appear in that style type in the introductory clause of each SECTION that adds
875 a new provision to the Indiana Code or the Indiana Constitution.
976 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1077 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1647
12-AN ACT to amend the Indiana Code concerning professions and
13-occupations.
78+ENGROSSED
79+HOUSE BILL No. 1647
80+A BILL FOR AN ACT to amend the Indiana Code concerning
81+health.
1482 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 25-5.1-1-3 IS AMENDED TO READ AS
16-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. "Athletic trainer"
17-means an individual who is or may be employed by an educational
18-institution, a professional or an amateur athletic organization, an
19-occupational or athletic facility, or a health care facility to practice
20-athletic training.
21-SECTION 2. IC 25-5.1-1-4 IS AMENDED TO READ AS
22-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. (a) "Athletic
23-training" means the practice of prevention, recognition, assessment,
24-athletic training diagnosis, management, treatment, disposition,
25-rehabilitation, and reconditioning of athletic injuries under the
26-direction and supervision of a licensed physician, osteopath,
27-podiatrist, or chiropractor. However, in a clinic accessible to the
28-general public, the term means practicing athletic training only upon
29-the referral, and order, and supervision of a licensed physician,
30-osteopath, podiatrist, or chiropractor, or specific licensed designees
31-such as nurse practitioners or physician assistants. The term
32-includes the following:
33-(1) Practice that may be conducted by an athletic trainer through
34-the use of heat, light, sound, cold, electricity, manual therapies,
35-exercise, rehabilitation, or mechanical devices related to the care
36-HEA 1647 — CC 1 2
37-and the conditioning reconditioning of athletes.
38-(2) The organization and administration of educational programs
39-and athletic facilities.
40-(3) The education and the counseling of the public on matters
41-related to athletic training.
42-(b) The term does not include joint manipulation of the spinal
43-column.
44-SECTION 3. IC 25-5.1-1-7 IS REPEALED [EFFECTIVE JULY 1,
45-2023]. Sec. 7. "NATA" refers to the National Athletic Trainers
46-Association, Inc.
47-SECTION 4. IC 25-5.1-1-8 IS ADDED TO THE INDIANA CODE
48-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
49-1, 2023]: Sec. 8. "BOC" refers to the Board of Certification, Inc.
50-SECTION 5. IC 25-5.1-1-9 IS ADDED TO THE INDIANA CODE
51-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
52-1, 2023]: Sec. 9. "CAATE" refers to the Commission on
53-Accreditation of Athletic Training Education.
54-SECTION 6. IC 25-5.1-1-10 IS ADDED TO THE INDIANA CODE
55-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
56-1, 2023]: Sec. 10. "Manual therapies" means soft tissue techniques,
57-massage, and low-velocity, non-thrust joint mobilization.
58-SECTION 7. IC 25-5.1-1-11 IS ADDED TO THE INDIANA CODE
59-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
60-1, 2023]: Sec. 11. "Supervision" means:
61-(1) advising;
62-(2) consenting to; or
63-(3) directing the activities of;
64-an athletic trainer through written or oral orders. The term
65-includes ensuring that the referral of athletic injuries is
66-appropriate to the athletic trainer's level of training and
67-experience.
68-SECTION 8. IC 25-5.1-2-6 IS AMENDED TO READ AS
69-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. The board shall do
70-the following:
71-(1) Organize by electing a president, vice president, and secretary.
72-(2) Adopt rules under IC 4-22-2 to do the following:
73-(A) Provide for the licensure of athletic trainers.
74-(B) Fix application fees, examination fees, and licensure fees.
75-(C) Establish standards for the practice of athletic training
76-under this article.
77-(D) Establish standards for continuing education that conform
78-with the standards of NATA. the BOC.
79-HEA 1647 — CC 1 3
80-(E) Otherwise implement this article.
81-(3) Prescribe the application forms to be furnished to all persons
82-seeking to be licensed under this article.
83-(4) Prescribe the form and design of the license to be issued under
84-this article.
85-(5) Conduct hearings, keep records of proceedings, and do all
86-things necessary to properly administer and enforce this article.
87-(6) Publish and make available the following upon request and for
88-a fee not to exceed the actual cost of printing and mailing:
89-(A) Requirements for issuance of an athletic trainer's license
90-under this article.
91-(B) Rules adopted under this article.
92-(7) Maintain and make available as required by IC 4-1-6 and
93-IC 5-14-3 a register of each licensed athletic trainer in Indiana,
94-including each licensed athletic trainer's last known address and
95-the expiration date and identification number of the licensed
96-athletic trainer's license.
97-(8) Contract with the NATA board of certification to prepare,
98-conduct, and score NATA's current professional examination as
99-the qualifying examination for athletic trainers under this article.
100-SECTION 9. IC 25-5.1-3-1, AS AMENDED BY P.L.2-2007,
101-SECTION 318, IS AMENDED TO READ AS FOLLOWS
102-[EFFECTIVE JULY 1, 2023]: Sec. 1. (a) To qualify for a license under
103-this article, an individual must satisfy the following requirements:
104-(1) Satisfactorily complete an application for licensure in
105-accordance with the rules adopted by the board.
106-(2) Pay the application fees, examination fees, and licensure fees
107-established by the board.
108-(3) Not have been convicted of a crime that has a direct bearing
109-on the applicant's ability to practice competently as determined by
110-the board.
111-(4) Not have had disciplinary action taken against the applicant or
112-the applicant's license by the board or by the licensing agency of
113-another state or jurisdiction by reason of the applicant's inability
114-to safely practice athletic training with those reasons for
115-discipline still being valid as determined by the board.
116-(5) Show to the satisfaction of the board that the applicant has
117-received at least a baccalaureate a professional athletic training
118-degree from a postsecondary educational institution that meets the
119-academic standards for athletic trainers established by NATA the
120-CAATE and described in subsection (b).
121-(6) Except to the extent that section 6 of this chapter applies,
122-HEA 1647 — CC 1 4
123-successfully pass the qualifying examination adopted by the
124-board. as described in IC 25-5.1-2-6(8).
125-(b) The minimum academic standards for athletic trainers licensed
126-under this article as required under subsection (a)(5) include the
127-satisfactory completion of an academic a CAATE accredited
128-professional athletic training program that includes at least the
129-following accredited courses: and successful completion of the BOC
130-examination.
131-(1) Human anatomy.
132-(2) Human physiology.
133-(3) Physiology of exercise.
134-(4) Kinesiology.
135-(5) Personal health.
136-(6) Basic athletic training.
137-(7) Advanced athletic training.
138-(8) Clinical experience as prescribed by the board.
139-(9) Therapeutic modalities.
140-(10) Rehabilitation.
141-SECTION 10. IC 25-5.1-3-6 IS AMENDED TO READ AS
142-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. If an individual who
143-applies for a license under this article meets any of the following
144-conditions, the individual may be exempted from the examination
145-requirement under section 1(a)(6) of this chapter by action of the
146-board:
147-(1) The individual is licensed to practice athletic training in
148-another state if the other state's standards for licensure are at least
149-equal to the standards for licensure in Indiana.
150-(2) The individual is certified by NATA the BOC and is
151-otherwise qualified for licensure under this article.
152-(3) The individual is certified by an organization recognized by
153-the National Commission on Competency Assurance and is
154-otherwise qualified for licensure under this article.
155-SECTION 11. IC 25-5.1-3-8 IS AMENDED TO READ AS
156-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 8. (a) The board may
157-issue a temporary permit to a person to practice as an athletic trainer if
158-the person pays a fee and the person:
159-(1) has a valid license or certificate to practice from another state
160-and the person has applied for a license from the board;
161-(2) is practicing in a state that does not license or certify athletic
162-trainers but is certified by a national athletic training association
163-the BOC, approved by the board, and the person has applied for
164-a license from the board; or
165-HEA 1647 — CC 1 5
166-(3) has met the requirements of section 1 of this chapter, except
167-for the requirement of section 1(a)(6) of this chapter.
168-(b) A person with a temporary permit issued under subsection (a)(3)
169-may practice as an athletic trainer only under the supervision of an
170-athletic trainer licensed under this article.
171-(c) A temporary permit expires on the earliest of:
172-(1) the date the person holding the permit is issued a license under
173-this article;
174-(2) the date the board disapproves the person's license
175-application; or
176-(3) ninety (90) days after the date of issuance.
177-HEA 1647 — CC 1 Speaker of the House of Representatives
178-President of the Senate
179-President Pro Tempore
180-Governor of the State of Indiana
181-Date: Time:
182-HEA 1647 — CC 1
83+1 SECTION 1. IC 16-41-25-7.2 IS ADDED TO THE INDIANA
84+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
85+3 [EFFECTIVE JULY 1, 2023]: Sec. 7.2. (a) As used in this section,
86+4 "sinkhole" means a depression or hole in the ground caused by
87+5 some form of collapse of the surface layer, as when subsurface
88+6 limestone is dissolved or worn away by the movement of water
89+7 underground.
90+8 (b) A residential onsite sewage system shall not be installed in a
91+9 site less than twenty-five (25) feet from the edge of a sinkhole, as
92+10 identified by a professional soil scientist registered under
93+11 IC 25-31.5-4.
94+12 SECTION 2. IC 16-41-25-8, AS ADDED BY P.L.167-2022,
95+13 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
96+14 JULY 1, 2023]: Sec. 8. (a) If:
97+15 (1) an application has been filed with a local health
98+EH 1647—LS 7433/DI 55 2
99+1 department for a permit for the installation of a residential
100+2 onsite sewage system;
101+3 (2) a professional soil scientist registered under IC 25-31.5-4
102+4 has conducted an onsite evaluation, including a description of
103+5 the soil profile, and has determined that the proposed site of
104+6 the residential onsite sewage system is suitable for the
105+7 installation of the residential onsite sewage system; and
106+8 (3) the design and specifications for a the residential onsite
107+9 sewage system proposed for construction or installation at a
108+10 particular location the site described in subdivision (2) have
109+11 been approved by either:
110+12 (1) (A) the local health department; or
111+13 (2) (B) at the option and expense of the property owner:
112+14 (A) (i) a professional engineer registered under IC 25-31-1;
113+15 (B) (ii) a registered soil scientist (as defined in
114+16 IC 25-31.5-1-7);
115+17 (C) (iii) an individual or entity engaged in the business of
116+18 constructing and installing residential onsite sewage
117+19 systems; and a septic system installer or inspector
118+20 licensed by the county in which the residential property
119+21 would be installed; or
120+22 (D) (iv) the designer of the system, if the system was
121+23 designed by someone other than a person referred to in
122+24 clause (A) item (i) or (C); (iii);
123+25 the local health department shall issue a permit for the residential
124+26 onsite sewage system not later than thirty (30) business days after
125+27 receiving a complete application for the permit.
126+28 (b) Subject to IC 16-19-3-27.5, IC 16-19-3-27.6, and sections 5 and
127+29 6 of this chapter, this section does not affect the authority of a local
128+30 health department to inspect an onsite sewage system before or after
129+31 the system's installation.
130+32 SECTION 3. IC 16-41-25-8.5 IS ADDED TO THE INDIANA
131+33 CODE AS A NEW SECTION TO READ AS FOLLOWS
132+34 [EFFECTIVE JULY 1, 2023]: Sec. 8.5. (a) As used in this section,
133+35 "lot" means the parcel of real property on which:
134+36 (1) a one (1) family or two (2) family dwelling; or
135+37 (2) two (2) single family dwellings located on the same
136+38 property with a combined design daily flow of not more than
137+39 seven hundred fifty (750) gallons per day;
138+40 have been constructed or are proposed for construction.
139+41 (b) A residential onsite sewage system may be installed in a lot
140+42 described in subsection (a) if at least one (1) site on the lot is
141+EH 1647—LS 7433/DI 55 3
142+1 determined to be suitable for the installation of the residential
143+2 onsite sewage system.
144+3 SECTION 4. IC 16-41-25-10 IS ADDED TO THE INDIANA
145+4 CODE AS A NEW SECTION TO READ AS FOLLOWS
146+5 [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) Neither an officer or
147+6 employee of a local health department nor another agency, officer,
148+7 or employee of a county or city may enter property on which a
149+8 residential onsite sewage system is located for the purpose of
150+9 inspecting the residential onsite sewage system if, not more than
151+10 one hundred eighty (180) days before the date of the inspection, the
152+11 owner or occupant of the residence served by the residential onsite
153+12 sewage system and:
154+13 (1) a septic system installer or inspector licensed by the county
155+14 in which the residential onsite sewage system is located;
156+15 (2) an onsite sewage system technician; or
157+16 (3) an Indiana professional engineer registered under
158+17 IC 25-31-1;
159+18 state in a writing transmitted to the local health department,
160+19 county, or city that the residential onsite sewage system is
161+20 functioning properly.
162+21 (b) Subject to subsection (c), if subsection (a) does not apply, an
163+22 officer or employee of a local health department or another officer
164+23 or employee of a county or city may not enter property on which
165+24 a residential onsite sewage system is located for the purpose of
166+25 inspecting the residential onsite sewage system unless the owner or
167+26 occupant of the residence served by the residential onsite sewage
168+27 system is given notice of the inspection by first class mail addressed
169+28 to the residence at least seven (7) days before the day of the
170+29 inspection.
171+30 (c) An advance notice to the owner or occupant of the residence
172+31 is not required under subsection (b) in an urgent situation caused
173+32 by a malfunction of the residential onsite sewage system that
174+33 creates a clear and immediate danger to the public's health, safety,
175+34 or property.
176+35 SECTION 5. IC 16-41-25-11 IS ADDED TO THE INDIANA
177+36 CODE AS A NEW SECTION TO READ AS FOLLOWS
178+37 [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) As used in this section,
179+38 "residential onsite sewage system failure" has the meaning set
180+39 forth in 410 IAC 6-8.3-33 as in effect July 1, 2023.
181+40 (b) A local health department that determines that a residential
182+41 onsite sewage system is in residential onsite sewage system failure
183+42 may issue an order requiring that the failure be corrected.
184+EH 1647—LS 7433/DI 55 4
185+1 However, an order issued under this subsection is stayed if the
186+2 owner or occupant of the residence served by the residential onsite
187+3 sewage system, within fourteen (14) days after the date of the
188+4 order, enters into a contract with:
189+5 (1) a septic system installer or inspector licensed by the county
190+6 in which the residential onsite sewage system is located;
191+7 (2) an onsite sewage system technician; or
192+8 (3) an Indiana professional engineer registered under
193+9 IC 25-31-1;
194+10 under which the installer or inspector, onsite sewage system
195+11 technician, or professional engineer agrees to conduct an
196+12 inspection to determine whether the residential onsite sewage
197+13 system is in residential onsite sewage system failure.
198+14 (c) An order is stayed under subsection (b) until the earlier of
199+15 the following:
200+16 (1) The date on which the installer or inspector, technician, or
201+17 engineer performs the inspection and presents the results of
202+18 the inspection in writing to:
203+19 (A) the owner or occupant of the residence served by the
204+20 residential onsite sewage system; and
205+21 (B) the local health department.
206+22 (2) The expiration of sixty (60) days after the date of the order
207+23 issued under subsection (b).
208+24 (d) If the installer or inspector, onsite sewage system technician,
209+25 or professional engineer states in the report provided to the local
210+26 health department that the residential onsite sewage system is not
211+27 in residential onsite sewage system failure, the local health
212+28 department shall:
213+29 (1) withdraw the order issued under subsection (b); or
214+30 (2) conduct an investigation of the residential onsite sewage
215+31 system to make a new determination whether the residential
216+32 onsite sewage system is in residential onsite sewage system
217+33 failure.
218+34 (e) If the local health department conducts an investigation
219+35 under subsection (d)(2), the order issued under subsection (b) is
220+36 stayed pending the new determination of the local health
221+37 department based on the investigation.
222+38 SECTION 6. IC 16-41-25-12 IS ADDED TO THE INDIANA
223+39 CODE AS A NEW SECTION TO READ AS FOLLOWS
224+40 [EFFECTIVE JULY 1, 2023]: Sec. 12. (a) As used in this section,
225+41 "onsite sewage system service" means:
226+42 (1) installing;
227+EH 1647—LS 7433/DI 55 5
228+1 (2) inspecting; and
229+2 (3) providing maintenance and repair services for;
230+3 residential onsite sewage systems.
231+4 (b) An individual who:
232+5 (1) is licensed in at least one (1) county of Indiana to provide
233+6 onsite sewage system service in the county; and
234+7 (2) is:
235+8 (A) certified as an inspector or installer by the Indiana
236+9 Onsite Wastewater Professionals Association; and
237+10 (B) a member in good standing of the Indiana Onsite
238+11 Wastewater Professionals Association, including being
239+12 current in meeting all continuing education and training
240+13 requirements;
241+14 is entitled to provide onsite sewage system service in any county in
242+15 Indiana.
243+16 (c) An individual entitled to provide onsite sewage system
244+17 service in any county under subsection (b) may be required to pay
245+18 a license fee in a county in which the individual provides onsite
246+19 sewage system service under subsection (b).
247+EH 1647—LS 7433/DI 55 6
248+COMMITTEE REPORT
249+Mr. Speaker: Your Committee on Environmental Affairs, to which
250+was referred House Bill 1647, has had the same under consideration
251+and begs leave to report the same back to the House with the
252+recommendation that said bill be amended as follows:
253+Page 1, delete lines 1 through 15.
254+Page 2, delete lines 1 through 13.
255+Page 2, delete lines 25 through 39.
256+Page 3, delete line 42, begin a new paragraph and insert:
257+"(b) A residential onsite sewage system may be installed in a lot
258+described in subsection (a) if at least one (1) site on the lot is
259+determined to be suitable for the installation of the residential
260+onsite sewage system.".
261+Page 4, delete lines 1 through 12.
262+Page 4, line 32, delete "If" and insert "Subject to subsection (c), if".
263+Page 4, line 39, delete "fourteen (14)" and insert "seven (7)".
264+Page 4, line 39, delete "However, an", begin a new paragraph and
265+insert:
266+"(c) An".
267+Page 4, line 41, delete "this subsection" and insert "subsection (b)".
268+Page 4, line 41, after "situation" insert "caused by a malfunction
269+of the residential onsite sewage system".
270+Page 4, line 41, delete "creating" and insert "that creates".
271+Page 5, line 32, delete "one (1) year" and insert "sixty (60) days".
272+Page 9, line 40, delete "section 5" and insert "sections 5 and 6".
273+Page 11, between lines 22 and 23, begin a new paragraph and insert:
274+"Sec. 6. (a) An individual who, before July 1, 2023, was actively
275+engaged in the work of:
276+(1) installing;
277+(2) inspecting; or
278+(3) providing maintenance or repair services for;
279+onsite sewage systems is entitled to obtain a license from the board
280+under this section.
281+(b) To obtain a license from the board under this section, an
282+individual described in subsection (a) must do the following:
283+(1) Register with the board as an individual entitled to a
284+license under subsection (a).
285+(2) Provide to the board:
286+(A) the individual's name and place of residence; and
287+(B) a short description of the work described in subsection
288+(a) in which the individual was engaged before July 1,
289+2023.
290+EH 1647—LS 7433/DI 55 7
291+(3) Upon request, provide to the board:
292+(A) information identifying the area of Indiana in which
293+the individual was engaged before July 1, 2023, in the work
294+described in subsection (a); and
295+(B) documents or other information verifying that the
296+individual was engaged before July 1, 2023, in work
297+described in subsection (a), such as:
298+(i) the names and contact information of one (1) or more
299+persons for whom the work was performed; and
300+(ii) copies of billing documents showing that the
301+individual performed a type of work described in
302+subsection (a) and was paid for the work.
303+(c) If the board determines that an individual who takes the
304+actions described in subsection (b) is not entitled to obtain a license
305+from the board under this section, the individual:
306+(1) is subject to section 1(a) of this chapter; and
307+(2) may obtain a license only under section 2 of this chapter.
308+However, a determination by the board that an individual is not
309+entitled to obtain a license from the board under this section may
310+be appealed under IC 4-21.5.
311+(d) An individual who obtains a license under this section:
312+(1) must be at least eighteen (18) years of age;
313+(2) is not required to successfully complete an onsite sewage
314+system technician training course approved by the board;
315+(3) is not required to successfully complete:
316+(A) a licensing examination; or
317+(B) an installer and inspector certificate program of the
318+Indiana Onsite Wastewater Professional Association;
319+(4) is not required to submit proof of insurance or a surety
320+bond as described in section 2(a)(7) of this chapter;
321+(5) is not required to pay a licensing fee under this chapter;
322+(6) is not required:
323+(A) to renew the individual's license; or
324+(B) to pay a renewal fee;
325+under IC 25-23.8-5-1; and
326+(7) is not subject to continuing education requirements
327+established by the board under IC 25-23.8-5-2.
328+(e) An individual who obtains a license under this section:
329+(1) is required to engage in the work described in subsection
330+(a) in a legal, professional, and ethical manner; and
331+(2) is potentially subject to disciplinary action for a violation
332+described in IC 25-23.8-6-1.".
333+EH 1647—LS 7433/DI 55 8
334+Renumber all SECTIONS consecutively.
335+and when so amended that said bill do pass.
336+(Reference is to HB 1647 as introduced.)
337+MORRISON
338+Committee Vote: yeas 12, nays 0.
339+_____
340+HOUSE MOTION
341+Mr. Speaker: I move that House Bill 1647 be returned to the second
342+reading calendar forthwith for the purpose of amendment.
343+MORRIS
344+_____
345+HOUSE MOTION
346+Mr. Speaker: I move that House Bill 1647 be amended to read as
347+follows:
348+Page 3, delete lines 15 through 16, begin a new line block indented
349+and insert:
350+"(2) an onsite sewage system technician; or".
351+Page 4, delete lines 8 through 9, begin a new line block indented
352+and insert:
353+"(2) an onsite sewage system technician; or".
354+Page 4, delete lines 40 through 42.
355+Delete pages 5 through 14.
356+Renumber all SECTIONS consecutively.
357+(Reference is to HB 1647 as printed February 16, 2023.)
358+MORRIS
359+EH 1647—LS 7433/DI 55 9
360+COMMITTEE REPORT
361+Madam President: The Senate Committee on Environmental Affairs,
362+to which was referred House Bill No. 1647, has had the same under
363+consideration and begs leave to report the same back to the Senate with
364+the recommendation that said bill be AMENDED as follows:
365+Page 2, line 32, delete "IC 16-41-25-9" and insert "IC
366+16-41-25-8.5".
367+Page 2, line 34, delete "Sec. 9." and insert "Sec. 8.5.".
368+Page 4, after line 37, begin a new paragraph and insert:
369+"SECTION 6. IC 16-41-25-12 IS ADDED TO THE INDIANA
370+CODE AS A NEW SECTION TO READ AS FOLLOWS
371+[EFFECTIVE JULY 1, 2023]: Sec. 12. (a) As used in this section,
372+"onsite sewage system service" means:
373+(1) installing;
374+(2) inspecting; and
375+(3) providing maintenance and repair services for;
376+residential onsite sewage systems.
377+(b) An individual who:
378+(1) is licensed in at least one (1) county of Indiana to provide
379+onsite sewage system service in the county; and
380+(2) is:
381+(A) certified as an inspector or installer by the Indiana
382+Onsite Wastewater Professionals Association; and
383+(B) a member in good standing of the Indiana Onsite
384+Wastewater Professionals Association, including being
385+current in meeting all continuing education and training
386+requirements;
387+is entitled to provide onsite sewage system service in any county in
388+Indiana.
389+(c) An individual entitled to provide onsite sewage system
390+service in any county under subsection (b) may be required to pay
391+a license fee in a county in which the individual provides onsite
392+sewage system service under subsection (b).".
393+and when so amended that said bill do pass.
394+(Reference is to HB 1647 as reprinted February 24, 2023.)
395+NIEMEYER, Chairperson
396+Committee Vote: Yeas 7, Nays 2.
397+EH 1647—LS 7433/DI 55