Bill Text: IA SSB1126 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to professional licensing by limiting the authority of cities and counties to enact or enforce certain professional or occupational licensing laws and relating to qualifications for holding professional licenses.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-06 - Subcommittee: Guth, Taylor, T. and Whiting. [SSB1126 Detail]
Download: Iowa-2019-SSB1126-Introduced.html
Senate
Study
Bill
1126
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LABOR
AND
BUSINESS
RELATIONS
BILL
BY
CHAIRPERSON
SCHULTZ)
A
BILL
FOR
An
Act
relating
to
professional
licensing
by
limiting
the
1
authority
of
cities
and
counties
to
enact
or
enforce
certain
2
professional
or
occupational
licensing
laws
and
relating
to
3
qualifications
for
holding
professional
licenses.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
272C.1,
Code
2019,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
5A.
“Licensing
authority”
means
a
licensing
3
board
or
another
body
established
to
issue
licenses
to
a
4
person
practicing
a
profession
or
occupation
by
a
political
5
subdivision.
6
NEW
SUBSECTION
.
10.
“Political
subdivision”
means
a
city
7
or
county
in
this
state.
8
NEW
SUBSECTION
.
11.
“Professional
or
occupational
fee”
9
means
a
fee
imposed
on
a
person
as
a
condition
of
practicing
a
10
profession
or
occupation.
11
Sec.
2.
NEW
SECTION
.
272C.12
Licensing
requirements
of
12
political
subdivisions
limited.
13
A
political
subdivision
shall
not
impose
an
occupational
fee
14
or
licensing
requirement
on
a
profession
or
occupation
that
15
is
not
subject
to
such
a
fee
or
licensing
requirement
of
the
16
political
subdivision
as
of
January
1,
2020,
but
the
political
17
subdivision
may
continue
to
impose
professional
or
occupational
18
fees
or
licensing
requirements
in
place
prior
to
January
1,
19
2020.
20
Sec.
3.
NEW
SECTION
.
272C.13
Disqualifications
for
criminal
21
convictions
limited.
22
1.
A
licensing
authority
that
may
deny
a
professional
or
23
occupational
license
on
the
basis
of
an
applicant’s
criminal
24
record
shall
list
the
specific
criminal
offenses
that
would
25
disqualify
an
applicant
from
receiving
a
license.
Any
26
such
offenses
shall
be
directly
related
to
the
duties
and
27
responsibilities
of
the
profession
or
occupation.
28
2.
A
licensing
authority
shall
not
deny
an
application
for
a
29
license
on
the
basis
of
an
arrest
not
followed
by
a
conviction
30
or
based
on
a
finding
that
an
applicant
lacks
good
character,
31
suffers
from
moral
turpitude,
or
on
other
similar
basis.
32
3.
A
valid
disqualification
as
described
in
subsection
1
33
shall
not
persist
past
five
years
after
the
date
of
conviction,
34
provided
that
the
crime
is
not
violent
or
sexual
in
nature
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and
the
applicant
has
not
been
convicted
of
another
crime
1
within
the
period
of
disqualification.
Such
a
person
may
be
2
disqualified
for
no
more
than
five
years
following
the
person’s
3
release
from
incarceration.
4
4.
A
licensing
authority
shall
consider
clear
and
5
convincing
evidence
of
all
of
the
following
factors
in
6
determining
whether
an
applicant’s
disqualifying
criminal
7
record
is
directly
related
to
the
duties
and
responsibilities
8
of
the
profession
or
occupation:
9
a.
The
nature
and
seriousness
of
the
crime
for
which
the
10
individual
was
convicted.
11
b.
The
amount
of
time
that
has
passed
since
the
commission
12
of
the
crime.
13
c.
The
relationship
of
the
crime
to
the
ability,
capacity,
14
and
fitness
required
to
perform
the
duties
and
discharge
the
15
responsibilities
of
the
profession
or
occupation.
16
d.
Any
evidence
of
rehabilitation
or
treatment
undertaken
17
by
the
individual
that
might
mitigate
against
a
finding
that
a
18
disqualifying
criminal
record
directly
relates
to
the
duties
19
and
responsibilities
of
the
profession
or
occupation.
20
5.
An
individual
may
petition
a
licensing
authority,
in
a
21
form
prescribed
by
the
licensing
authority,
for
a
determination
22
as
to
whether
the
individual’s
criminal
record
will
prevent
the
23
individual
from
receiving
a
license.
The
licensing
authority
24
shall
issue
such
determinations
within
thirty
days
of
receipt.
25
The
licensing
authority
may
charge
a
fee
to
recoup
the
costs
of
26
such
a
determination,
provided
that
such
a
fee
shall
not
exceed
27
twenty-five
dollars.
28
6.
a.
A
licensing
authority
that
denies
an
individual
a
29
license
solely
or
partly
because
of
the
individual’s
prior
30
conviction
of
a
crime
shall
notify
the
individual
in
writing
31
of
all
of
the
following:
32
(1)
The
grounds
for
the
denial
or
disqualification.
33
(2)
That
the
individual
has
the
right
to
a
hearing
to
34
challenge
the
licensing
authority’s
decision.
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(3)
The
earliest
date
the
person
may
submit
a
new
1
application.
2
(4)
That
evidence
of
rehabilitation
may
be
considered
upon
3
reapplication.
4
b.
A
determination
by
a
licensing
authority
that
an
5
applicant’s
criminal
conviction
is
specifically
listed
as
a
6
disqualifying
conviction
and
is
directly
related
to
the
duties
7
and
responsibilities
of
the
profession
or
occupation
must
be
8
documented
in
written
findings
for
each
factor
in
paragraph
“a”
9
sufficient
for
review
by
a
court.
10
c.
In
any
administrative
or
civil
hearing
authorized
by
11
this
section
or
chapter
17A,
the
licensing
authority
shall
12
carry
the
burden
of
proof
on
the
question
of
whether
the
13
applicant’s
criminal
conviction
directly
relates
to
the
duties
14
and
responsibilities
of
the
profession
or
occupation
for
which
15
the
license
is
sought.
16
7.
Each
licensing
authority
shall
adopt
rules
for
the
17
implementation
of
this
section.
18
Sec.
4.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
19
3,
shall
not
apply
to
this
Act.
20
Sec.
5.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
21
2020.
22
Sec.
6.
APPLICABILITY.
This
Act
applies
to
all
licensing
23
decisions
made
by
a
licensing
authority
on
or
after
120
days
24
from
the
effective
date
of
this
Act,
except
that
a
licensing
25
authority
may
implement
the
provisions
of
this
Act
prior
to
26
that
date.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
sets
limitations
on
the
ability
of
cities
and
31
counties,
referred
to
as
“political
subdivisions”,
to
regulate
32
professions
and
occupations.
The
bill
prohibits
political
33
subdivisions
from
imposing
any
new
licensing
requirements
or
34
professional
or
occupational
fees
beginning
January
1,
2020.
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Political
subdivisions
may
continue
to
impose
any
existing
1
licensing
requirements
or
fees.
2
The
bill
also
limits
the
ability
of
licensing
authorities
3
to
refuse
to
grant
a
license
on
the
basis
of
an
applicant’s
4
criminal
record
by
requiring
licensing
authorities
to
5
specifically
list
the
offenses
that
disqualify
an
applicant
6
and
to
specifically
detail
the
grounds
for
disqualification
of
7
each
applicant.
A
licensing
authority
cannot
disqualify
an
8
applicant
for
an
arrest
not
followed
by
a
conviction
or
for
a
9
conviction
that
occurred
more
than
five
years
ago,
provided
10
that
the
offense
was
not
violent
or
sexual
in
nature,
or
based
11
on
a
finding
that
an
applicant
lacks
good
character
or
suffers
12
from
moral
turpitude.
13
A
disqualified
person
who
commits
an
additional
offense
14
during
the
period
of
disqualification
or
who
is
disqualified
15
based
on
a
violent
or
sexual
crime
may
not
be
disqualified
for
16
longer
than
five
years
following
release
from
incarceration.
17
An
applicant
who
is
denied
a
license
on
the
basis
of
a
criminal
18
record
is
entitled
to
an
administrative
review
and
any
review
19
in
civil
court
permitted
by
Code
chapter
17A.
The
licensing
20
authority
bears
the
burden
of
proof
in
such
proceedings.
21
The
bill
also
requires
licensing
authorities
to
respond
to
22
inquiries
as
to
whether
an
individual’s
criminal
record
would
23
disqualify
the
individual
from
obtaining
a
license.
24
The
bill
may
include
a
state
mandate
as
defined
in
Code
25
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
26
subsection
3,
which
would
relieve
a
political
subdivision
from
27
complying
with
a
state
mandate
if
funding
for
the
cost
of
28
the
state
mandate
is
not
provided
or
specified.
Therefore,
29
political
subdivisions
are
required
to
comply
with
any
state
30
mandate
included
in
the
bill.
31
The
bill
takes
effect
January
1,
2020.
The
bill
applies
32
to
all
licensing
decisions
made
on
or
after
120
days
from
the
33
effective
date
of
the
bill,
except
that
a
licensing
authority
34
may
implement
the
bill
on
an
earlier
date.
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