House File 924 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 924
  1  2
  1  3                             AN ACT
  1  4 RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE
  1  5    BROKER OR SALESPERSON UPON CONVICTION OF SPECIFIED OFFENSES.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 543B.15, subsection 3, Code 2007, is
  1 10 amended by striking the subsection and inserting in lieu
  1 11 thereof the following:
  1 12    3.  a.  An applicant for a real estate broker's or
  1 13 salesperson's license who has been convicted of an offense
  1 14 specified in this subsection shall not be considered for
  1 15 licensure until the following time periods have elapsed
  1 16 following completion of any applicable period of
  1 17 incarceration, or payment of a fine or fulfillment of any
  1 18 other type of sentence:
  1 19    (1)  For an offense which is classified as a felony, two
  1 20 years.
  1 21    (2)  Notwithstanding subparagraph (1), for offenses
  1 22 including or involving forgery, embezzlement, obtaining money
  1 23 under false pretenses, theft, arson, extortion, conspiracy to
  1 24 defraud, or other offense involving a criminal breach of
  1 25 fiduciary duty, five years.
  1 26    b.  After expiration of the time periods specified in
  1 27 paragraph "a", an application shall be considered by the
  1 28 commission pursuant to subsection 7 and may be denied on the
  1 29 grounds of the conviction.  An applicant may request a hearing
  1 30 pursuant to section 543B.19 in the event of a denial.
  1 31    c.  For purposes of this section, "convicted" means a
  1 32 guilty plea, deferred judgment from the time of entry of the
  1 33 deferred judgment until the time the defendant is discharged
  1 34 by the court without entry of judgment, or other finding of
  1 35 guilt by a court of competent jurisdiction in this state, or
  2  1 in any other state, territory, or district of the United
  2  2 States, or in any foreign jurisdiction.
  2  3    Sec. 2.  Section 543B.15, subsection 6, Code 2007, is
  2  4 amended to read as follows:
  2  5    6.  A licensed real estate broker or salesperson shall
  2  6 notify the commission of the licensee's conviction of an
  2  7 offense included in subsection 3 within sixty ten days of the
  2  8 conviction.  Notification of a conviction for an offense which
  2  9 is classified as a felony shall result in the immediate
  2 10 suspension of a license pending the outcome of a hearing
  2 11 conducted pursuant to section 543B.35.  The failure of the
  2 12 licensee to notify the commission of the conviction within
  2 13 sixty ten days of the date of the conviction is sufficient
  2 14 grounds for revocation of the license.
  2 15
  2 16
  2 17                                                             
  2 18                               PATRICK J. MURPHY
  2 19                               Speaker of the House
  2 20
  2 21
  2 22                                                             
  2 23                               JOHN P. KIBBIE
  2 24                               President of the Senate
  2 25
  2 26    I hereby certify that this bill originated in the House and
  2 27 is known as House File 924, Eighty=second General Assembly.
  2 28
  2 29
  2 30                                                             
  2 31                               MARK BRANDSGARD
  2 32                               Chief Clerk of the House
  2 33 Approved                , 2007
  2 34
  2 35
  3  1                            
  3  2 CHESTER J. CULVER
  3  3 Governor