HOUSE FILE 2041

BY  RASMUSSEN

A BILL FOR

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

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