67th Legislature HB 180.1
1 HOUSE BILL NO. 180
2 INTRODUCED BY W. CURDY
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REMOVING THE ANTICOMPETITIVE REQUIREMENT TO
5 ATTEST TO THE SKILLS OF LICENSED JOURNEYMAN PLUMBERS AND APPRENTICES; AMENDING
6 SECTIONS 37-69-304, 37-69-305, AND 37-69-323, MCA; AND PROVIDING AN EFFECTIVE DATE.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10 Section 1. Section 37-69-304, MCA, is amended to read:
11 "37-69-304. Qualifications of applicants for journeyman plumber's license -- restriction on
12 authority. (1) The following requirements must be met by applicants for a journeyman plumber's license:
13 (a) a specific record of 5 years of legally obtained experience in the field of plumbing with an
14 attestation of skill by a supervising master plumber. This experience requirement may be fulfilled by:
15 (i) working 5 years in a major phase of the plumbing business, verified by time or pay records, and the
16 attestation of a supervising master plumber; or
17 (ii) completing an apprenticeship program meeting the standards set by the department or the United
18 States department of labor, bureau of apprenticeship. Credit toward this experience requirement may be given
19 for time spent attending an accredited trade or other school specializing in training of value in the field of
20 plumbing and approved by the board.
21 (b) satisfactory completion of a written examination prescribed by the board and conducted by the
22 department, subject to 37-1-101(4), testing the applicant's knowledge of techniques and methods employed in
23 the field of plumbing and, if required by the board, a practical demonstration establishing competence in the
24 special skills required in the field of plumbing.
25 (2) A licensed journeyman plumber may perform work only in the employment of a licensed master
26 plumber unless otherwise permitted by rule of the board. Performing work in the employment of a licensed
27 master plumber means the licensed master plumber shall observe the journeyman plumber's work at different
28 times over the course of employment and for different levels of plumbing work. The board shall define the
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67th Legislature HB 180.1
1 periods and the levels for which the master plumber shall attest the journeyman plumber's skills, as provided in
2 subsection (1)."
3
4 Section 2. Section 37-69-305, MCA, is amended to read:
5 "37-69-305. Qualifications of applicants for master plumber's license -- restriction on authority.
6 (1) The following requirements must be met by an applicant for a master plumber's license:
7 (a) evidence of 4 years of experience as a licensed journeyman plumber in the field of plumbing,
8 verified by time or pay records of actual plumbing experience;
9 (b) evidence of 3 years of experience, which may run concurrently with the requirement in subsection
10 (1)(a):
11 (i) working with a licensed master plumber who has personally observed the applicant over a period
12 specified by the board by rule and during application of plumbing skill levels, as determined by the board by
13 rule; or
14 (ii) in a supervisory capacity in the field of plumbing; and
15 (c) satisfactory completion of an examination prescribed by the board for master plumbers testing the
16 applicant's knowledge of the field of plumbing and demonstrating skill and ability in the field of plumbing.
17 (2) For purposes of subsection (1), 1 year of experience is 1,500 hours or more of work in a
18 continuous 12-month period.
19 (3) A master plumber may not allow the master plumber's license to be used by any person or firm,
20 corporation, or business other than the master plumber's own for the purpose of obtaining permits or for doing
21 plumbing work under the license."
22
23 Section 3. Section 37-69-323, MCA, is amended to read:
24 "37-69-323. Restrictions on and responsibility for employees of master plumber. A licensed
25 master plumber may employ only apprentice plumbers registered with the state department of labor and
26 industry and only journeyman plumbers who are licensed by the state of Montana. A master plumber is
27 responsible for ensuring that all work performed by the journeyman plumber or apprentice employed by the
28 licensed master plumber is in compliance with the state plumbing code. The licensed master plumber may be
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67th Legislature HB 180.1
1 charged with unprofessional conduct under 37-1-316 and held liable for false swearing, as provided in 45-7-
2 202, if the licensed master plumber provides an assurance but has not personally observed a portion of the
3 plumbing work performed by the employed journeyman plumber or apprentice. The board shall provide by rule
4 what portion of the plumbing work must be personally observed by the licensed master plumber false
5 information to the department related to the experience or skill of a journeyman plumber or apprentice."
6
7 NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 2021.
8 - END -
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Statutes affected:
HB0180_1.pdf: 37-69-304, 37-69-305, 37-69-323
HB0180_X.pdf: 37-69-304, 37-69-305, 37-69-323
Enrolled: 37-69-304, 37-69-305, 37-69-323
Introduced: 37-69-304, 37-69-305, 37-69-323