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 the ninety two 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
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 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 10	1.	a.	Fraud in procuring a license.
2 11	2.	b.	Professional incompetency.
2 12	3.	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 17	4.	d.	Habitual intoxication or addiction to the use of
2 18 drugs.
2 19	5.	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 28	6.	f.	Fraud in representations as to skill or ability.
2 29	7.	g.	Use of untruthful or improbable statements in
2 30 advertisements.
2 31	8.	h.	Willful or repeated violations of the provisions of
2 32 this Act chapter.
2 33	9.	i.	Noncompliance with insurance requirements under
2 34 section 543B.47.
35	10.	j.	Noncompliance with the trust account requirements
1 under section 543B.46.
3	2	11.	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 members of appointed by the Iowa
35 association of realtors, and one member of the general public.
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, subsection 3 1, 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