Bill Text: IA HF2041 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act eliminating construction contractor registration administered by the labor commissioner.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-19 - Subcommittee, Schultz, Moore, and Running-Marquardt. H.J. 113. [HF2041 Detail]
Download: Iowa-2011-HF2041-Introduced.html
House
File
2041
-
Introduced
HOUSE
FILE
2041
BY
RASMUSSEN
A
BILL
FOR
An
Act
eliminating
construction
contractor
registration
1
administered
by
the
labor
commissioner.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
10A.601,
subsections
1
and
7,
Code
2011,
1
are
amended
to
read
as
follows:
2
1.
A
full-time
employment
appeal
board
is
created
within
3
the
department
of
inspections
and
appeals
to
hear
and
decide
4
contested
cases
under
chapter
8A,
subchapter
IV
,
and
chapters
5
80
,
88
,
91C
,
96
,
and
97B
.
6
7.
An
application
for
rehearing
before
the
appeal
board
7
shall
be
filed
pursuant
to
section
17A.16
,
unless
otherwise
8
provided
in
chapter
8A,
subchapter
IV
,
or
chapter
80
,
88
,
91C
,
9
96
,
or
97B
.
A
petition
for
judicial
review
of
a
decision
of
the
10
appeal
board
shall
be
filed
pursuant
to
section
17A.19
.
The
11
appeal
board
may
be
represented
in
any
such
judicial
review
12
by
an
attorney
who
is
a
regular
salaried
employee
of
the
13
appeal
board
or
who
has
been
designated
by
the
appeal
board
14
for
that
purpose,
or
at
the
appeal
board’s
request,
by
the
15
attorney
general.
Notwithstanding
the
petitioner’s
residency
16
requirement
in
section
17A.19,
subsection
2
,
a
petition
for
17
judicial
review
may
be
filed
in
the
district
court
of
the
18
county
in
which
the
petitioner
was
last
employed
or
resides,
19
provided
that
if
the
petitioner
does
not
reside
in
this
state,
20
the
action
shall
be
brought
in
the
district
court
of
Polk
21
county,
Iowa,
and
any
other
party
to
the
proceeding
before
the
22
appeal
board
shall
be
named
in
the
petition.
Notwithstanding
23
the
thirty-day
requirement
in
section
17A.19,
subsection
6
,
24
the
appeal
board
shall,
within
sixty
days
after
filing
of
the
25
petition
for
judicial
review
or
within
a
longer
period
of
26
time
allowed
by
the
court,
transmit
to
the
reviewing
court
27
the
original
or
a
certified
copy
of
the
entire
records
of
a
28
contested
case.
The
appeal
board
may
also
certify
to
the
29
court,
questions
of
law
involved
in
any
decision
by
the
appeal
30
board.
Petitions
for
judicial
review
and
the
questions
so
31
certified
shall
be
given
precedence
over
all
other
civil
cases
32
except
cases
arising
under
the
workers’
compensation
law
of
33
this
state.
No
bond
shall
be
required
for
entering
an
appeal
34
from
any
final
order,
judgment,
or
decree
of
the
district
court
35
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to
the
supreme
court.
1
Sec.
2.
Section
84A.5,
subsection
4,
Code
Supplement
2011,
2
is
amended
to
read
as
follows:
3
4.
The
division
of
labor
services
is
responsible
for
the
4
administration
of
the
laws
of
this
state
under
chapters
88
,
5
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91
,
91A
,
91C
,
91D
,
91E
,
92
,
and
6
94A
,
and
section
85.68
.
The
executive
head
of
the
division
is
7
the
labor
commissioner,
appointed
pursuant
to
section
91.2
.
8
Sec.
3.
Section
91.4,
subsections
2
and
6,
Code
Supplement
9
2011,
are
amended
to
read
as
follows:
10
2.
The
director
of
the
department
of
workforce
development,
11
in
consultation
with
the
labor
commissioner,
shall,
at
the
12
time
provided
by
law,
make
an
annual
report
to
the
governor
13
setting
forth
in
appropriate
form
the
business
and
expense
of
14
the
division
of
labor
services
for
the
preceding
year,
the
15
number
of
remedial
actions
taken
under
chapter
89A
,
the
number
16
of
disputes
or
violations
processed
by
the
division
and
the
17
disposition
of
the
disputes
or
violations,
and
other
matters
18
pertaining
to
the
division
which
are
of
public
interest,
19
together
with
recommendations
for
change
or
amendment
of
the
20
laws
in
this
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
21
90A
,
91A
,
91C
,
91D
,
91E
,
92
,
and
94A
,
and
section
85.68
,
22
and
the
recommendations,
if
any,
shall
be
transmitted
by
the
23
governor
to
the
first
general
assembly
in
session
after
the
24
report
is
filed.
25
6.
The
commissioner
may
establish
rules
pursuant
to
chapter
26
17A
to
assess
and
collect
interest
on
fees,
penalties,
and
27
other
amounts
due
the
division.
The
commissioner
may
delay
28
or,
following
written
notice,
deny
the
issuance
of
a
license,
29
commission,
registration,
certificate,
or
permit
authorized
30
under
chapter
88A
,
89
,
89A
,
90A
,
91C
,
or
94A
if
the
applicant
31
for
the
license,
commission,
registration,
certificate,
or
32
permit
owes
a
liquidated
debt
to
the
commissioner.
33
Sec.
4.
Section
96.11,
subsection
15,
Code
2011,
is
amended
34
by
striking
the
subsection.
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Sec.
5.
Section
103.1,
subsection
7,
Code
2011,
is
amended
1
to
read
as
follows:
2
7.
“Electrical
contractor”
means
a
person
affiliated
with
an
3
electrical
contracting
firm
or
business
who
is,
or
who
employs
4
a
person
who
is,
licensed
by
the
board
as
either
a
class
A
or
5
class
B
master
electrician
and
who
is
also
registered
with
the
6
state
of
Iowa
as
a
contractor
pursuant
to
chapter
91C
.
7
Sec.
6.
Section
103.9,
subsection
1,
Code
2011,
is
amended
8
to
read
as
follows:
9
1.
An
applicant
for
an
electrical
contractor
license
shall
10
either
be
or
employ
a
licensed
class
A
or
class
B
master
11
electrician
,
and
be
registered
with
the
state
of
Iowa
as
a
12
contractor
pursuant
to
chapter
91C
.
13
Sec.
7.
Section
103A.20,
subsection
1,
Code
2011,
is
amended
14
to
read
as
follows:
15
1.
a.
If
the
plans
and
specifications
accompanying
an
16
application
for
permission
to
construct
a
building
or
structure
17
fail
to
comply
with
the
provisions
of
building
regulations
18
applicable
to
the
governmental
subdivision
where
the
19
construction
is
planned,
the
state
or
governmental
subdivision
20
official
charged
with
the
duty
shall
nevertheless
issue
a
21
permit,
certificate,
authorization,
or
other
required
document,
22
as
the
case
may
be,
for
the
construction,
if
the
plans
and
23
specifications
comply
with
the
applicable
provisions
set
forth
24
in
the
state
building
code,
whenever
such
code
is
operative
in
25
such
governmental
subdivision.
26
b.
However,
a
permit,
certificate,
authorization,
or
other
27
required
document
for
the
construction
of
a
building
shall
not
28
be
issued
to
a
contractor
who
is
required
and
fails
to
obtain
a
29
contractor
registration
number
pursuant
to
chapter
91C
.
30
Sec.
8.
Section
105.5,
subsection
3,
paragraph
a,
Code
31
Supplement
2011,
is
amended
to
read
as
follows:
32
a.
The
qualifications
required
for
applicants
seeking
33
to
take
examinations
,
which
qualifications
shall
include
34
a
requirement
that
an
applicant
who
is
a
contractor
shall
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be
required
to
provide
the
contractor’s
state
contractor
1
registration
number
.
2
Sec.
9.
Section
105.18,
subsection
2,
paragraph
d,
3
subparagraph
(1),
Code
Supplement
2011,
is
amended
to
read
as
4
follows:
5
(1)
File
an
application
and
pay
application
fees
as
6
established
by
the
board,
which
application
shall
provide
the
7
person’s
state
contractor
registration
number
and
establish
8
that
the
person
meets
the
minimum
requirements
adopted
by
the
9
board.
10
Sec.
10.
REPEAL.
Chapter
91C,
Code
2011,
is
repealed.
11
Sec.
11.
TRANSFER
OF
FUNDS.
Any
funds
remaining
in
the
12
contractor
registration
revolving
fund
created
by
section
91C.9
13
on
the
effective
date
of
this
Act
shall
be
transferred
to
the
14
general
fund
of
the
state.
15
EXPLANATION
16
This
bill
repeals
Code
chapter
91C,
which
requires
17
construction
contractors
to
register
with
the
labor
18
commissioner,
imposes
a
registration
fee,
regulates
registered
19
contractors,
and
includes
other
related
provisions.
Any
funds
20
remaining
in
the
contractor
registration
revolving
fund
created
21
by
Code
section
91C.9
on
the
effective
date
of
the
bill
are
22
required
to
be
transferred
to
the
general
fund
of
the
state.
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