House File 2041      



                                    HOUSE FILE       
                                    BY  RASMUSSEN

                                         A BILL FOR

     1 An Act eliminating construction contractor registration
     2    administered by the labor commissioner.
     3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



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