Text: HF00377 Text: HF00379 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 80A.4, Code 1999, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 4. Notwithstanding subsection 1, the
1 4 department may adopt rules in accordance with this subsection
1 5 that authorize the issuance of a license to an individual who
1 6 is otherwise disqualified pursuant to the criteria enumerated
1 7 in subsection 1. An applicant issued a license pursuant to
1 8 such rules shall also comply with such other qualifications
1 9 and requirements as are adopted by rule.
1 10 a. When an applicant's disqualification results from a
1 11 felony conviction, the department shall not issue a license
1 12 unless all of the following apply:
1 13 (1) The conviction is for a class "D" felony or its
1 14 equivalent.
1 15 (2) At least fifteen years have lapsed from the latest
1 16 applicable date of the applicant's discharge from custody or
1 17 discharge from probation or parole resulting from such
1 18 conviction.
1 19 (3) All other requirements of this section and applicable
1 20 rules are satisfied.
1 21 b. When an individual who is otherwise disqualified
1 22 pursuant to the criteria enumerated in subsection 1 applies
1 23 for a license, the department shall perform an evaluation to
1 24 determine whether the disqualification warrants prohibition of
1 25 licensure.
1 26 c. In an evaluation, the department shall consider factors
1 27 related to the disqualification, including the nature,
1 28 seriousness, and circumstances of the disqualification in
1 29 relation to licensure, the time elapsed since the act or acts
1 30 forming the basis for such disqualification, the degree of
1 31 rehabilitation, and any other factors relevant to the
1 32 disqualification, such as the likelihood that the person will
1 33 commit the act or acts again and the total number of
1 34 disqualifying acts committed by the individual involved.
1 35 d. The department may establish conditional requirements
2 1 related to the granting of a license under this subsection.
2 2 e. The department has final authority in determining
2 3 whether prohibition of the license is warranted and in
2 4 developing any conditional requirements under this subsection.
2 5 EXPLANATION
2 6 This bill authorizes the department of public safety to
2 7 adopt rules consistent with this subsection that would
2 8 authorize the issuance of a license for a bail enforcement
2 9 agent, private investigator, or security agent to an
2 10 individual who did not otherwise meet the criteria set forth
2 11 for such a license.
2 12 If the disqualification results from a felony, the
2 13 department could grant a license only if the felony was a
2 14 class "D" felony, and more than 15 years have lapsed since the
2 15 applicant's discharge from custody, probation, or parole. The
2 16 applicant must also meet the requirements of this section
2 17 applicable to other applicants and the related rules.
2 18 The department could grant a license to all other
2 19 individuals otherwise disqualified after conducting an
2 20 evaluation of the individual and the disqualification,
2 21 including but not limited to the nature, seriousness, and
2 22 circumstances of the disqualification in relation to
2 23 licensure, the time elapsed since the act or acts forming the
2 24 basis for such disqualification, the degree of rehabilitation,
2 25 and any other factors relevant to the disqualification, such
2 26 as the likelihood that the person will commit the act or acts
2 27 again and the total number of disqualifying acts committed by
2 28 the individual involved. The department could also
2 29 conditionally grant a license, based on the performance of
2 30 certain requirements by the licensee. The department would be
2 31 the final authority on decisions to grant a license and the
2 32 establishment of conditions for the granting of such a
2 33 license.
2 34 LSB 1251HV 78
2 35 jj/gg/8
Text: HF00377 Text: HF00379 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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