Bill Text: IA SF567 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to disqualifications from holding certain professional licenses for persons convicted of certain crimes. (Formerly SSB 1112.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-05-09 - Signed by Governor. S.J. 1196. [SF567 Detail]
Download: Iowa-2019-SF567-Enrolled.html
Senate
File
567
-
Enrolled
Senate
File
567
AN
ACT
RELATING
TO
DISQUALIFICATIONS
FROM
HOLDING
CERTAIN
PROFESSIONAL
LICENSES
FOR
PERSONS
CONVICTED
OF
CERTAIN
CRIMES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
103.6,
subsection
1,
Code
2019,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
e.
Grant
an
exception
for
a
person
who
would
otherwise
be
denied
a
license
due
to
a
criminal
conviction
under
specified
circumstances.
When
considering
such
an
exception,
the
board
shall
consider
the
following:
the
nature
and
seriousness
of
any
offense
of
which
the
person
was
convicted,
all
circumstances
relative
to
the
offense,
including
mitigating
circumstances
or
social
conditions
surrounding
the
commission
of
the
offense,
the
age
of
the
person
at
the
time
the
offense
was
committed,
the
length
of
time
that
has
elapsed
since
the
offense
was
committed,
letters
of
reference,
and
all
other
relevant
evidence
of
rehabilitation
and
present
fitness
presented.
A
person
holding
a
license
prior
to
July
1,
2019,
shall
not
be
required
to
obtain
an
exception
to
maintain
a
license.
Sec.
2.
Section
103.9,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
Conviction
of
a
felony
in
Iowa
that
is
sexual
abuse
in
violation
of
709.4,
a
sexually
violent
offense
as
defined
in
section
229A.2,
the
offense
of
dependent
adult
abuse
in
violation
of
section
235B.20,
a
forcible
felony
as
Senate
File
567,
p.
2
defined
in
section
702.11,
or
the
offense
of
domestic
abuse
assault
in
violation
of
section
708.2A,
shall
be
grounds
for
denial,
revocation,
or
suspension
of
a
license.
Conviction
for
any
other
felony
shall
not
be
grounds
for
denial,
revocation,
or
suspension.
A
conviction
of
a
crime
in
violation
of
federal
law
or
in
violation
of
the
law
of
another
state
shall
be
given
the
same
effect
as
it
would
if
such
conviction
had
been
under
Iowa
law.
If
federal
law
or
the
laws
of
another
state
do
not
provide
for
offenses
or
violations
denominated
or
described
in
precisely
the
same
words
as
Iowa
law,
the
department
shall
determine
whether
those
offenses
or
violations
are
substantially
similar
in
nature
to
Iowa
law
and
apply
those
offenses
or
violations
accordingly.
Sec.
3.
Section
103.10,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
Conviction
of
a
felony
in
Iowa
that
is
sexual
abuse
in
violation
of
section
709.4,
a
sexually
violent
offense
as
defined
in
section
229A.2,
the
offense
of
dependent
adult
abuse
in
violation
of
section
235B.20,
a
forcible
felony
as
defined
in
section
702.11,
or
the
offense
of
domestic
abuse
assault
in
violation
of
section
708.2A,
shall
be
grounds
for
denial,
revocation,
or
suspension
of
a
license.
Conviction
for
any
other
felony
shall
not
be
grounds
for
denial,
revocation,
or
suspension.
A
conviction
of
a
crime
in
violation
of
federal
law
or
in
violation
of
the
law
of
another
state
shall
be
given
the
same
effect
as
it
would
if
such
conviction
had
been
under
Iowa
law.
If
federal
law
or
the
laws
of
another
state
do
not
provide
for
offenses
or
violations
denominated
or
described
in
precisely
the
same
words
as
Iowa
law,
the
department
shall
determine
whether
those
offenses
or
violations
are
substantially
similar
in
nature
to
Iowa
law
and
apply
those
offenses
or
violations
accordingly.
Sec.
4.
Section
103.12,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
Conviction
of
a
felony
in
Iowa
that
is
sexual
abuse
in
violation
of
section
709.4,
a
sexually
violent
offense
as
defined
in
section
229A.2,
the
offense
of
dependent
adult
abuse
in
violation
of
section
235B.20,
a
forcible
felony
as
defined
in
section
702.11,
or
the
offense
of
domestic
abuse
Senate
File
567,
p.
3
assault
in
violation
of
section
708.2A,
shall
be
grounds
for
denial,
revocation,
or
suspension
of
a
license.
Conviction
for
any
other
felony
shall
not
be
grounds
for
denial,
revocation,
or
suspension.
A
conviction
of
a
crime
in
violation
of
federal
law
or
in
violation
of
the
law
of
another
state
shall
be
given
the
same
effect
as
it
would
if
such
conviction
had
been
under
Iowa
law.
If
federal
law
or
the
laws
of
another
state
do
not
provide
for
offenses
or
violations
denominated
or
described
in
precisely
the
same
words
as
Iowa
law,
the
department
shall
determine
whether
those
offenses
or
violations
are
substantially
similar
in
nature
to
Iowa
law
and
apply
those
offenses
or
violations
accordingly.
Sec.
5.
Section
103.12A,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
Conviction
of
a
felony
in
Iowa
that
is
sexual
abuse
in
violation
of
section
709.4,
a
sexually
violent
offense
as
defined
in
section
229A.2,
the
offense
of
dependent
adult
abuse
in
violation
of
section
235B.20,
a
forcible
felony
as
defined
in
702.11,
or
the
offense
of
domestic
abuse
assault
in
violation
of
section
708.2A,
shall
be
grounds
for
denial,
revocation,
or
suspension
of
a
license.
Conviction
for
any
other
felony
shall
not
be
grounds
for
denial,
revocation,
or
suspension.
A
conviction
of
a
crime
in
violation
of
federal
law
or
in
violation
of
the
law
of
another
state
shall
be
given
the
same
effect
as
it
would
if
such
conviction
had
been
under
Iowa
law.
If
federal
law
or
the
laws
of
another
state
do
not
provide
for
offenses
or
violations
denominated
or
described
in
precisely
the
same
words
as
Iowa
law,
the
department
shall
determine
whether
those
offenses
or
violations
are
substantially
similar
in
nature
to
Iowa
law
and
apply
those
offenses
or
violations
accordingly.
Sec.
6.
Section
103.13,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
Conviction
of
a
felony
in
Iowa
that
is
sexual
abuse
in
violation
of
section
709.4,
a
sexually
violent
offense
as
defined
in
section
229A.2,
the
offense
of
dependent
adult
abuse
in
violation
of
section
235B.20,
a
forcible
felony
as
defined
in
section
702.11,
or
the
offense
of
domestic
abuse
assault
in
violation
of
section
708.2A,
shall
be
grounds
for
Senate
File
567,
p.
4
denial,
revocation,
or
suspension
of
a
license.
Conviction
for
any
other
felony
shall
not
be
grounds
for
denial,
revocation,
or
suspension.
A
conviction
of
a
crime
in
violation
of
federal
law
or
in
violation
of
the
law
of
another
state
shall
be
given
the
same
effect
as
it
would
if
such
conviction
had
been
under
Iowa
law.
If
federal
law
or
the
laws
of
another
state
do
not
provide
for
offenses
or
violations
denominated
or
described
in
precisely
the
same
words
as
Iowa
law,
the
department
shall
determine
whether
those
offenses
or
violations
are
substantially
similar
in
nature
to
Iowa
law
and
apply
those
offenses
or
violations
accordingly.
Sec.
7.
Section
103.15,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
7.
Conviction
of
a
felony
in
Iowa
that
is
sexual
abuse
in
violation
of
section
709.4,
a
sexually
violent
offense
as
defined
in
section
229A.2,
the
offense
of
dependent
adult
abuse
in
violation
of
section
235B.20,
a
forcible
felony
as
defined
in
section
702.11,
or
the
offense
of
domestic
abuse
assault
in
violation
of
section
708.2A,
shall
be
grounds
for
denial,
revocation,
or
suspension
of
a
license.
Conviction
for
any
other
felony
shall
not
be
grounds
for
denial,
revocation,
or
suspension.
A
conviction
of
a
crime
in
violation
of
federal
law
or
in
violation
of
the
law
of
another
state
shall
be
given
the
same
effect
as
it
would
if
such
conviction
had
been
under
Iowa
law.
If
federal
law
or
the
laws
of
another
state
do
not
provide
for
offenses
or
violations
denominated
or
described
in
precisely
the
same
words
as
Iowa
law,
the
department
shall
determine
whether
those
offenses
or
violations
are
substantially
similar
in
nature
to
Iowa
law
and
apply
those
offenses
or
violations
accordingly.
Sec.
8.
Section
103.35,
subsection
5,
Code
2019,
is
amended
by
striking
the
subsection.
Sec.
9.
Section
105.10,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
The
board
may
grant
an
exception
for
a
person
who
would
otherwise
be
denied
a
license
due
to
a
criminal
conviction
under
specified
circumstances.
When
considering
such
an
exception,
the
board
shall
consider
the
following:
the
nature
and
seriousness
of
any
offense
of
Senate
File
567,
p.
5
which
the
person
was
convicted,
all
circumstances
relative
to
the
offense,
including
mitigating
circumstances
or
social
conditions
surrounding
the
commission
of
the
offense,
the
age
of
the
person
at
the
time
the
offense
was
committed,
the
length
of
time
that
has
elapsed
since
the
offense
was
committed,
letters
of
reference,
and
all
other
relevant
evidence
of
rehabilitation
and
present
fitness
presented.
A
person
holding
a
license
prior
to
July
1,
2019,
shall
not
be
required
to
obtain
an
exception
to
maintain
a
license.
Sec.
10.
Section
105.18,
subsection
1,
Code
2019,
is
amended
to
read
as
follows:
1.
General
qualifications.
The
board
shall
adopt,
by
rule,
general
qualifications
for
licensure.
The
board
may
consider
the
past
felony
record
of
an
applicant
only
if
the
felony
conviction
relates
to
the
practice
of
the
profession
for
which
the
applicant
requests
to
be
licensed.
References
may
be
required
as
part
of
the
licensing
process.
Sec.
11.
Section
105.22,
subsection
4,
Code
2019,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
4.
Conviction
of
a
felony
in
Iowa
that
is
sexual
abuse
in
violation
of
section
709.4,
a
sexually
violent
offense
as
defined
in
section
229A.2,
the
offense
of
dependent
adult
abuse
in
violation
of
section
235B.20,
a
forcible
felony
as
defined
in
section
702.11,
or
the
offense
of
domestic
abuse
assault
in
violation
of
section
708.2A,
shall
be
grounds
for
denial,
revocation,
or
suspension
of
a
license.
Conviction
for
any
other
felony
shall
not
be
grounds
for
denial,
revocation,
or
suspension.
A
conviction
of
a
crime
in
violation
of
federal
law
or
in
violation
of
the
law
of
another
state
shall
be
given
the
same
effect
as
it
would
if
such
conviction
had
been
under
Iowa
law.
If
federal
law
or
the
laws
of
another
state
do
not
provide
for
offenses
or
violations
denominated
or
described
in
precisely
the
same
words
as
Iowa
law,
the
department
shall
determine
whether
those
offenses
or
violations
are
substantially
similar
in
nature
to
Iowa
law
and
apply
those
offenses
or
violations
accordingly.
A
copy
of
the
record
of
conviction
or
plea
of
guilty
shall
be
conclusive
evidence
of
such
conviction.
Senate
File
567,
p.
6
Sec.
12.
Section
158.3,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
Notwithstanding
the
provisions
of
subsection
1,
any
person
who
completes
the
application
form
prescribed
by
the
board
and
who
completes
a
barbering
apprenticeship
training
program
registered
by
the
office
of
apprenticeship
of
the
United
States
department
of
labor
while
committed
to
the
custody
of
the
director
of
the
Iowa
department
of
corrections
shall
be
allowed
to
take
the
examination
for
a
license
to
practice
barbering.
Sec.
13.
NEW
SECTION
.
904.707
Apprenticeship
programs
——
limitations.
An
inmate
shall
not
be
enrolled
in
an
apprenticeship
program
if
the
inmate
would
be
unable
to
obtain
a
necessary
license
to
practice
the
profession
to
which
the
apprenticeship
relates
due
to
the
inmate’s
conviction
of
a
felony.
Prior
to
enrolling
an
inmate
in
an
apprenticeship
program,
the
department
of
corrections
shall
receive
written
confirmation
from
the
appropriate
licensing
board
that
the
inmate
would
be
able
to
receive
a
necessary
license
to
practice
the
profession
to
which
the
apprenticeship
relates
if
it
appears
to
the
department
that
the
inmate
may
be
disqualified
from
receiving
such
a
license.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
567,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor
