Text: HSB00028 Text: HSB00030 Text: HSB00000 - HSB00099 Text: HSB 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 individual who is otherwise disqualified
1 11 pursuant to the criteria enumerated in subsection 1 applies
1 12 for a license, the department shall perform an evaluation to
1 13 determine whether the disqualification warrants prohibition of
1 14 licensure.
1 15 b. In an evaluation, the department shall consider factors
1 16 related to the disqualification, including the nature,
1 17 seriousness, and circumstances of the disqualification in
1 18 relation to licensure, the time elapsed since the act or acts
1 19 forming the basis for such disqualification, the degree of
1 20 rehabilitation, and any other factors relevant to the
1 21 disqualification, such as the likelihood that the person will
1 22 commit the act or acts again and the total number of
1 23 disqualifying acts committed by the individual involved.
1 24 c. The department may establish conditional requirements
1 25 related to the granting of a license under this subsection.
1 26 d. The department has final authority in determining
1 27 whether prohibition of the license is warranted and in
1 28 developing any conditional requirements under this subsection.
1 29 EXPLANATION
1 30 This bill authorizes the department of public safety to
1 31 adopt rules consistent with this subsection that would
1 32 authorize the issuance of a license for a bail enforcement
1 33 agent, private investigator, or security agent to an
1 34 individual who did not otherwise meet the criteria set forth
1 35 for such a license.
2 1 The department could grant a license to an individual
2 2 otherwise disqualified after conducting an evaluation of the
2 3 individual and the disqualification, including but not limited
2 4 to the nature, seriousness, and circumstances of the
2 5 disqualification in relation to licensure, the time elapsed
2 6 since the act or acts forming the basis for such
2 7 disqualification, the degree of rehabilitation, and any other
2 8 factors relevant to the disqualification, such as the
2 9 likelihood that the person will commit the act or acts again
2 10 and the total number of disqualifying acts committed by the
2 11 individual involved. The department could also conditionally
2 12 grant a license, based on the performance of certain
2 13 requirements by the licensee. The department would be the
2 14 final authority on decisions to grant a license and the
2 15 establishment of conditions for the granting of such a
2 16 license.
2 17 LSB 1251DP 78
2 18 jj/gg/8
Text: HSB00028 Text: HSB00030 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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