SSB 1126

A licensing authority cannot disqualify an applicant for an arrest not followed by a conviction or for a conviction that occurred more than five years ago, provided that the offense was not violent or sexual in nature, or based on a finding that an applicant lacks good character or suffers from moral turpitude. A disqualified person who commits an additional offense during the period of disqualification or who is disqualified based on a violent or sexual crime may not be disqualified for longer than five years following release from incarceration. An applicant who is denied a license on the basis of a criminal record is entitled to an administrative review and any review in civil court permitted by Code chapter 17A. The licensing authority bears the burden of proof in such proceedings. The bill also requires licensing authorities to respond to inquiries as to whether an individual’s criminal record would disqualify the individual from obtaining a license.3.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill. The bill takes effect January 1, 2020. The bill applies to all licensing decisions made on or after 120 days from the effective date of the bill, except that a licensing authority may implement the bill on an earlier date.