Senate File 2250 - Enrolled PAG LIN 1 1 SENATE FILE 2250 1 2 1 3 AN ACT 1 4 RELATING TO THE LICENSURE OF REAL ESTATE BROKERS AND 1 5 SALESPERSONS. 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, paragraph a, 1 10 subparagraph (2), Code Supplement 2007, is amended to read as 1 11 follows: 1 12 (2) Notwithstanding subparagraph (1), for offenses 1 13 including or involving forgery, embezzlement, obtaining money 1 14 under false pretenses, theft, arson, extortion, conspiracy to 1 15 defraud, or other similar offense, any offense involving moral 1 16 turpitude, or other offense involving a criminal breach of 1 17 fiduciary duty, five years. 1 18 Sec. 2. Section 543B.15, subsection 10, Code Supplement 1 19 2007, is amended to read as follows: 1 20 10. An applicant for an initial real estate broker's or 1 21 salesperson's license shall be subject to a national criminal 1 22 history check through the federal bureau of investigation. 1 23 The commission shall request the criminal history check and 1 24 shall provide the applicant's fingerprints to the department 1 25 of public safety for submission through the state criminal 1 26 history repository to the federal bureau of investigation. 1 27 The applicant shall authorize release of the results of the 1 28 criminal history check to the real estate commission. The 1 29 applicant shall pay the actual cost of the fingerprinting and 1 30 criminal history check, if any. Unless the criminal history 1 31 check was completed within theninetytwo hundred ten calendar 1 32 days prior to the date the license application is received by 1 33 the real estate commission, the commission shall reject and 1 34 return the application to the applicant. The commission shall 1 35 process the application but hold delivery of the license until 2 1 the background check is complete. The results of a criminal 2 2 history check conducted pursuant to this subsection shall not 2 3 be considered a public record under chapter 22. 2 4 Sec. 3. Section 543B.29, Code 2007, is amended to read as 2 5 follows: 2 6 543B.29 REVOCATION OR SUSPENSION. 2 7 1. A license to practice the profession of real estate 2 8 broker and salesperson may be revoked or suspended when the 2 9 licensee is guilty of any of the following acts or offenses: 2 101.a. Fraud in procuring a license. 2 112.b. Professional incompetency. 2 123.c. Knowingly making misleading, deceptive, untrue, or 2 13 fraudulent representations in the practice of the profession 2 14 or engaging in unethical conduct or practice harmful or 2 15 detrimental to the public. Proof of actual injury need not be 2 16 established. 2 174.d. Habitual intoxication or addiction to the use of 2 18 drugs. 2 195.e. Conviction of an offense included in section 2 20 543B.15, subsection 3. For purposes of this section, 2 21 "conviction" means a conviction for an indictable offense and 2 22 includes a guilty plea, deferred judgment from the time of 2 23 entry of the deferred judgment until the time the defendant is 2 24 discharged by the court without entry of judgment, or other 2 25 finding of guilt by a court of competent jurisdiction. A copy 2 26 of the record of conviction, guilty plea, deferred judgment, 2 27 or other finding of guilt is conclusive evidence. 2 286.f. Fraud in representations as to skill or ability. 2 297.g. Use of untruthful or improbable statements in 2 30 advertisements. 2 318.h. Willful or repeated violations of the provisions of 2 32 thisActchapter. 2 339.i. Noncompliance with insurance requirements under 2 34 section 543B.47. 2 3510.j. Noncompliance with the trust account requirements 3 1 under section 543B.46. 3 211.k. Revocation of any professional license held by the 3 3 licensee in this or any other jurisdiction. 3 4 2. The revocation of a broker's license shall 3 5 automatically suspend every license granted to any person by 3 6 virtue of the person's employment by the broker whose license 3 7 has been revoked, pending a change of employer and the 3 8 issuance of a new license. The new license shall be issued 3 9 upon payment of a fee in an amount determined by the 3 10 commission based upon the administrative costs involved, if 3 11 granted during the same license period in which the original 3 12 license was granted. 3 13 3. A real estate broker or salesperson who is an owner or 3 14 lessor of property or an employee of an owner or lessor may 3 15 have the broker's or salesperson's license revoked or 3 16 suspended for violations of this section or section 543B.34, 3 17 except subsections 4, 5, 6 and 9, with respect to that 3 18 property. 3 19 4. A real estate broker's or salesperson's license shall 3 20 be revoked following three violations of this section or 3 21 section 543B.34 within a three=year period. 3 22 Sec. 4. Section 543B.54, subsection 2, Code Supplement 3 23 2007, is amended to read as follows: 3 24 2. Twenty=five dollars per license from fees deposited for 3 25 each real estate salesperson's license and each broker's 3 26 license shall be distributed and are appropriated to the real 3 27 estate commission for the purpose of establishing and 3 28 maintaining a program to provide grants to community colleges 3 29 and other colleges and universities in the state providing 3 30 programs under this section and using the curriculum 3 31 maintained by the commission. Grants shall be awarded by a 3 32 grant committee established by the real estate commission. 3 33 The committee shall consist of seven members: two members of 3 34 the commission, four membersofappointed by the Iowa 3 35 association of realtors, and one member of the general public. 4 1 The commission shall promulgate rules, in consultation with 4 2 the Iowa association of realtors, relating to the organization 4 3 and operation of the committee, which shall include the term 4 4 of membership, and establishing standards for awarding grants. 4 5 The members of the committee may be reimbursed for actual and 4 6 necessary expenses incurred in the performance of their duties 4 7 but shall not receive a per diem payment. 4 8 Sec. 5. Section 543B.60A, subsection 6, Code Supplement 4 9 2007, is amended to read as follows: 4 10 6. A violation of this section is deemed a violation of 4 11 section 543B.29, subsection31, paragraph "c". 4 12 4 13 4 14 4 15 JOHN P. KIBBIE 4 16 President of the Senate 4 17 4 18 4 19 4 20 PATRICK J. MURPHY 4 21 Speaker of the House 4 22 4 23 I hereby certify that this bill originated in the Senate and 4 24 is known as Senate File 2250, Eighty=second General Assembly. 4 25 4 26 4 27 4 28 MICHAEL E. MARSHALL 4 29 Secretary of the Senate 4 30 Approved , 2008 4 31 4 32 4 33 4 34 CHESTER J. CULVER 4 35 Governor