Text: HF2040            Text: HF2042
Complete Bill History


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: TLSB 5503YH (2) 84 je/rj 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. LSB 5503YH (2) 84 je/rj
Text: HF2040            Text: HF2042 Complete Bill History