House Study Bill 640 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            PUBLIC SAFETY BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to alarm system installer or contractor
  2    certification and electrician licensure provisions, and
  3    providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5354DP 82
  6 rn/nh/5

PAG LIN



  1  1    Section 1.  Section 100C.3, Code Supplement 2007, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  1A.  An applicant for certification as an
  1  4 alarm system contractor or an alarm system installer shall be
  1  5 subject to a national criminal history check through the
  1  6 federal bureau of investigation.  The applicant shall provide
  1  7 fingerprints to the department of public safety for submission
  1  8 through the state criminal history repository to the federal
  1  9 bureau of investigation.  Fees for the national criminal
  1 10 history check shall be paid by the applicant or the
  1 11 applicant's employer.  The results of a criminal history check
  1 12 conducted pursuant to this subsection shall not be considered
  1 13 a public record under chapter 22.
  1 14    Sec. 2.  Section 103.22, subsections 2 and 3, Code
  1 15 Supplement 2007, are amended to read as follows:
  1 16    2.  Require employees of municipal corporations utilities,
  1 17 electric membership or cooperative associations, public
  1 18 utility corporations investor=owned utilities, rural water
  1 19 associations or districts, railroads, telecommunications
  1 20 companies, franchised cable television operators, or
  1 21 commercial or industrial companies performing manufacturing,
  1 22 installation, and repair work for such employer to hold
  1 23 licenses while acting within the scope of their employment.
  1 24    3.  Require any person doing work for which a license would
  1 25 otherwise be required under this chapter to hold a license
  1 26 issued under this chapter if the person is the holder of a
  1 27 valid license issued by any political subdivision, so long as
  1 28 the person makes electrical installations only in the
  1 29 jurisdictional limits of such political subdivision and such
  1 30 license issued by the political subdivision meets the
  1 31 requirements is based upon requirements that are substantially
  1 32 equivalent to the licensing requirements of this chapter.
  1 33    Sec. 3.  2007 Iowa Acts, chapter 197, section 40, is
  1 34 amended to read as follows:
  1 35    SEC. 40.  NEW SECTION.  103.30  INSPECTIONS NOT REQUIRED.
  2  1    Nothing in this chapter shall be construed to require the
  2  2 work of employees of municipal corporations utilities,
  2  3 railroads, electric membership or cooperative associations,
  2  4 public utility corporations investor=owned utilities, rural
  2  5 water associations or districts, or telecommunications systems
  2  6 to be inspected while acting within the scope of their
  2  7 employment.
  2  8    Sec. 4.  EFFECTIVE DATE.  Sections 1 and 2 of this Act,
  2  9 being deemed of immediate importance, take effect upon
  2 10 enactment.
  2 11                           EXPLANATION
  2 12    This bill relates to requirements pertaining to applicants
  2 13 for alarm system contractor and installer certification, and
  2 14 to specified exceptions to electrician licensure provisions.
  2 15    The bill provides that applicants for certification as an
  2 16 alarm system contractor or alarm system installer must provide
  2 17 fingerprints to the department of public safety for submission
  2 18 through the state criminal history repository to the federal
  2 19 bureau of investigation for the purposes of conducting a
  2 20 national criminal history check.  The bill states that fees
  2 21 for the history check shall be paid by the applicant or the
  2 22 applicant's employer, and that the results of the check shall
  2 23 not be considered a public record under Code chapter 22.
  2 24    The bill also changes references to municipal corporations
  2 25 in portions of Code chapter 103 providing exceptions from
  2 26 electrician licensure requirements.  The bill changes an
  2 27 exception for municipal corporation employees acting within
  2 28 the scope of their employment to refer to municipal utility
  2 29 employees, and makes a corresponding clarification changing
  2 30 public utility corporations to investor=owned utilities.  The
  2 31 result of these changes is to clarify that employees of
  2 32 investor=owned utilities, municipal utilities, and electric
  2 33 membership or cooperative associations acting within the scope
  2 34 of their employment are all exempt.  References are changed in
  2 35 current statutory law, and also in electrician licensure
  3  1 provisions not taking effect until January 1, 2009.
  3  2    Additionally, the bill modifies an exception from
  3  3 electrician licensure for persons holding a valid license
  3  4 issued by a political subdivision and doing work only within
  3  5 that political subdivision's jurisdictional limits.
  3  6 Currently, the exception is available if the political
  3  7 subdivision issues a license which meets the requirements of
  3  8 Code chapter 103.  The bill modifies this provision such that
  3  9 the license issued by a political subdivision shall be based
  3 10 upon requirements substantially equivalent to the licensing
  3 11 requirements of the Code chapter.
  3 12    Sections of the bill amending provisions currently in
  3 13 effect take effect upon enactment.
  3 14 LSB 5354DP 82
  3 15 rn/nh/5