Senate File 567 - Reprinted SENATE FILE 567 BY COMMITTEE ON LABOR AND BUSINESS RELATIONS (SUCCESSOR TO SSB 1112) (As Amended and Passed by the Senate March 18, 2019 ) A BILL FOR An Act relating to disqualifications from holding certain 1 professional licenses for persons convicted of certain 2 felonies. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 567 (3) 88 ss/rn/jh
S.F. 567 Section 1. Section 103.6, subsection 1, Code 2019, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . e. Adopt rules to identify which felonies 3 are violent or sexual in nature. Conviction of such a felony 4 shall be grounds for denial, revocation, or suspension of a 5 license. The board may grant an exception for a person who 6 would otherwise be denied a license due to conviction of a 7 felony that is violent or sexual in nature, provided that there 8 is an extenuating circumstance that justifies the exemption. 9 Sec. 2. Section 103.9, Code 2019, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 3. Conviction of a felony that is violent 12 or sexual in nature shall be grounds for denial, revocation, or 13 suspension of a license. Conviction for any other felony shall 14 not be grounds for denial, revocation, or suspension. 15 Sec. 3. Section 103.10, Code 2019, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 6. Conviction of a felony that is violent 18 or sexual in nature shall be grounds for denial, revocation, or 19 suspension of a license. Conviction for any other felony shall 20 not be grounds for denial, revocation, or suspension. 21 Sec. 4. Section 103.12, Code 2019, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 6. Conviction of a felony that is violent 24 or sexual in nature shall be grounds for denial, revocation, or 25 suspension of a license. Conviction for any other felony shall 26 not be grounds for denial, revocation, or suspension. 27 Sec. 5. Section 103.12A, Code 2019, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 4. Conviction of a felony that is violent 30 or sexual in nature shall be grounds for denial, revocation, or 31 suspension of a license. Conviction for any other felony shall 32 not be grounds for denial, revocation, or suspension. 33 Sec. 6. Section 103.13, Code 2019, is amended by adding the 34 following new subsection: 35 -1- SF 567 (3) 88 ss/rn/jh 1/ 3
S.F. 567 NEW SUBSECTION . 4. Conviction of a felony that is violent 1 or sexual in nature shall be grounds for denial, revocation, or 2 suspension of a license. Conviction for any other felony shall 3 not be grounds for denial, revocation, or suspension. 4 Sec. 7. Section 103.15, Code 2019, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 7. Conviction of a felony that is violent 7 or sexual in nature shall be grounds for denial, revocation, or 8 suspension of a license. Conviction for any other felony shall 9 not be grounds for denial, revocation, or suspension. 10 Sec. 8. Section 103.35, subsection 5, Code 2019, is amended 11 by striking the subsection. 12 Sec. 9. Section 105.10, Code 2019, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 5. The board shall adopt rules to identify 15 which felonies are violent or sexual in nature. Conviction 16 of such a felony shall be grounds for denial, revocation, or 17 suspension of a license. The board may grant an exception 18 for a person who would otherwise be denied a license due to 19 conviction of a felony that is violent or sexual in nature, 20 provided that there is an extenuating circumstance that 21 justifies the exemption. 22 Sec. 10. Section 105.18, subsection 1, Code 2019, is amended 23 to read as follows: 24 1. General qualifications. The board shall adopt, by rule, 25 general qualifications for licensure. The board may consider 26 the past felony record of an applicant only if the felony 27 conviction relates to the practice of the profession for which 28 the applicant requests to be licensed. References may be 29 required as part of the licensing process. 30 Sec. 11. Section 105.22, subsection 4, Code 2019, is amended 31 to read as follows: 32 4. Conviction of a felony related to the profession or 33 occupation of the licensee or the conviction of any felony 34 that would affect the licensee’s ability to practice within 35 -2- SF 567 (3) 88 ss/rn/jh 2/ 3
S.F. 567 the profession that is violent or sexual in nature shall be 1 grounds for denial, revocation, or suspension of a license. 2 Conviction of any other felony shall not be grounds for 3 denial, revocation, or suspension . A copy of the record of 4 conviction or plea of guilty shall be conclusive evidence of 5 such conviction. 6 Sec. 12. NEW SECTION . 904.707 Apprenticeship programs —— 7 limitations. 8 An inmate shall not be enrolled in an apprenticeship program 9 if the inmate would be unable to obtain a necessary license to 10 practice the profession to which the apprenticeship relates due 11 to the inmate’s conviction of a felony. Prior to enrolling 12 an inmate in an apprenticeship program, the department of 13 corrections shall receive written confirmation from the 14 appropriate licensing board that the inmate would be able to 15 receive a necessary license to practice the profession to which 16 the apprenticeship relates if it appears to the department that 17 the inmate may be disqualified from receiving such a license. 18 -3- SF 567 (3) 88 ss/rn/jh 3/ 3