SENATE FILE 188

BY  CHELGREN, SORENSON, WHITVER, ERNST, ZAUN, FEENSTRA, BARTZ, HAHN, and KAPUCIAN

(COMPANION TO HF 42 BY PETTENGILL)

A BILL FOR

An Act repealing the Iowa plumber, mechanical professional, and contractor licensing Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 100D.11, subsection 3, Code 2011, is amended by striking the subsection.
   Sec. 2.  Section 272C.1, subsection 6, paragraph ae, Code 2011, is amended by striking the paragraph.
   Sec. 3.  Section 272C.3, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.  Revoke a license, or suspend a license either until further order of the board or for a specified period, upon any of the grounds specified in section 100D.5,105.22, 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or chapter 151 or 155, as applicable, or upon any other grounds specifically provided for in this chapter for revocation of the license of a licensee subject to the jurisdiction of that board, or upon failure of the licensee to comply with a decision of the board imposing licensee discipline.
   Sec. 4.  Section 272C.4, subsection 6, Code 2011, is amended to read as follows:
   6.  Define by rule acts or omissions that are grounds for revocation or suspension of a license under section 100D.5, 105.22, 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or chapter 151 or 155, as applicable, and to define by rule acts or omissions that constitute negligence, careless acts, or omissions within the meaning of section 272C.3, subsection 2, paragraph “b”, which licensees are required to report to the board pursuant to section 272C.9, subsection 2.
   Sec. 5.  Section 272C.5, subsection 2, paragraph c, Code 2011, is amended to read as follows:
   c.  Shall state whether the procedures are an alternative to or an addition to the procedures stated in sections 100D.5, 105.23, 105.24, 148.6 through 148.9, 152.10, 152.11, 153.33, 154A.23, 542.11, 542B.22, 543B.35, 543B.36, and 544B.16.
   Sec. 6.  REPEAL.  Chapter 105, Code 2011, is repealed.
   Sec. 7.  DISPOSITION OF LICENSING FEES.  All licensing fees collected under chapter 105 shall be prorated to June 30, 2011, and that portion of the licensing fee which represents the remaining period of the license, following June 30, 2011, shall be returned to the licensee.
EXPLANATION
   This bill repeals the Iowa plumber, mechanical professional, and contractor licensing Act. This repeal also eliminates language in Code section 105.17 that provides that Code chapter 105 supersedes and preempts all plumbing, heating, ventilation, air conditioning (HVAC), refrigeration, hydronic, and contracting licensing provisions of cities and counties.
   The bill provides that all licensing fees collected shall be prorated to June 30, 2011, and that the portion of the licensing fee which represents the remaining period of the license, following June 30, 2011, shall be returned to the licensee.