House File 448

                                       HOUSE FILE       
                                       BY  COMMITTEE ON COMMERCE,
                                           REGULATION AND LABOR

                                       (SUCCESSOR TO HSB 31)

    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the real estate commission and provisions
  2    applicable to a licensed real estate broker and making
  3    criminal penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1532HV 80
  6 rn/cl/14

PAG LIN

  1  1    Section 1.  Section 543B.3, Code 2003, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  10.  Auctions real property.
  1  4    Sec. 2.  Section 543B.7, subsection 1, Code 2003, is
  1  5 amended to read as follows:
  1  6    1.  A person who, as owner, spouse of an owner, general
  1  7 partner of a limited partnership, or lessor, or prospective
  1  8 purchaser, or through another engaged by such person on a
  1  9 regular full=time basis, buys, sells, manages, or otherwise
  1 10 performs any act with reference to property owned, rented,
  1 11 leased, or to be acquired by such person.
  1 12    Sec. 3.  Section 543B.7, subsection 5, Code 2003, is
  1 13 amended by striking the subsection.
  1 14    Sec. 4.  Section 543B.8, unnumbered paragraph 1, Code 2003,
  1 15 is amended to read as follows:
  1 16    A real estate commission is created within the professional
  1 17 licensing and regulation division of the department of
  1 18 commerce.  The commission consists of three four members
  1 19 licensed under this chapter and two members one member not
  1 20 licensed under this chapter and who shall represent the
  1 21 general public.  At least one of the licensed members shall be
  1 22 a licensed real estate salesperson, except that if the
  1 23 licensed real estate salesperson becomes a licensed real
  1 24 estate broker during a term of office, that person may
  1 25 complete the term, but is not eligible for reappointment on
  1 26 the commission as a licensed real estate salesperson.  A
  1 27 licensed member shall be actively engaged in the real estate
  1 28 business and shall have been so engaged for five years
  1 29 preceding the appointment, the last two of which shall have
  1 30 been in Iowa.  Professional associations or societies of real
  1 31 estate brokers or real estate salespersons may recommend the
  1 32 names of potential commission members to the governor.
  1 33 However, the governor is not bound by their recommendations.
  1 34 A commission member shall not be required to be a member of
  1 35 any professional association or society composed of real
  2  1 estate brokers or salespersons.  Commission members shall be
  2  2 appointed by the governor subject to confirmation by the
  2  3 senate.  Appointments shall be for three=year terms and shall
  2  4 commence and end as provided in section 69.19.  A member shall
  2  5 serve no more than three terms or nine years, whichever is
  2  6 less.  No more than one member shall be appointed from a
  2  7 county.  A commission member shall not hold any other elective
  2  8 or appointive state or federal office.  Vacancies shall be
  2  9 filled for the unexpired term by appointment of the governor
  2 10 and are subject to senate confirmation.  A majority of the
  2 11 commission members constitutes a quorum.  The administrator of
  2 12 the professional licensing and regulation division shall hire
  2 13 and provide staff to assist the commission with implementing
  2 14 this chapter.
  2 15    Sec. 5.  NEW SECTION.  543B.49  INJUNCTIVE RELIEF.
  2 16    In addition to the penalty and complaint provisions of
  2 17 sections 543B.43, 543B.44, and 543B.48, an injunction may be
  2 18 granted through an action in district court to prohibit a
  2 19 person from engaging in an activity which violates the
  2 20 provisions of section 543B.1.  The action for injunctive
  2 21 relief may be brought by an affected person.  For the purposes
  2 22 of this section, "affected person" means any person directly
  2 23 impacted by the actions of a person suspected of violating the
  2 24 provisions of section 543B.1, including but not limited to the
  2 25 commission created by this chapter, a person who has utilized
  2 26 the services of a person suspected of violating the provisions
  2 27 of section 543B.1, or a private association composed primarily
  2 28 of members practicing a profession for which licensure is
  2 29 required pursuant to this chapter.
  2 30                           EXPLANATION
  2 31    This bill provides that conducting an auction of real
  2 32 property shall be included within the definition of a real
  2 33 estate broker, and deletes a provision that had previously
  2 34 excluded specified auctioneer activities from the licensure
  2 35 provisions.
  3  1    The bill deletes the status of prospective purchaser from
  3  2 the list of persons who qualify for an exception to the
  3  3 licensure provisions if they act either directly or through
  3  4 another individual engaged by the person to buy, sell, manage,
  3  5 or otherwise perform any act with reference to property owned,
  3  6 rented, leased, or to be acquired by them.
  3  7    The bill provides that the membership of the real estate
  3  8 commission established within the professional licensing and
  3  9 regulation division of the department of commerce shall be
  3 10 modified from three members licensed pursuant to Code chapter
  3 11 543B and two members of the general public, to four licensed
  3 12 members and one member of the general public.
  3 13    The bill provides that in addition to existing penalty and
  3 14 complaint provisions, an injunction may be granted through an
  3 15 action in district court to prohibit a person from engaging in
  3 16 an activity which violates the provisions of Code section
  3 17 543B.1.  That section provides that a person shall not,
  3 18 directly or indirectly, with the intention or upon the promise
  3 19 of receiving any valuable consideration, offer, attempt, agree
  3 20 to perform, or perform any single act as a real estate broker
  3 21 whether as a part of a transaction or as an entire
  3 22 transaction, or represent oneself as a real estate broker,
  3 23 broker associate, or salesperson, without first obtaining a
  3 24 license and otherwise complying with the requirements of Code
  3 25 chapter 543B.  The bill provides that the action for
  3 26 injunctive relief may be brought by an affected person, which
  3 27 the bill defines to mean any person directly impacted by the
  3 28 actions of a person suspected of violating the provisions of
  3 29 Code section 543B.1, including but not limited to the real
  3 30 estate commission, a person who has utilized the services of a
  3 31 person suspected of violating the provisions of Code section
  3 32 543B.1, or a private association composed primarily of members
  3 33 practicing a profession for which licensure pursuant to Code
  3 34 chapter 543B is required.
  3 35 LSB 1532HV 80
  4  1 rn/cl/14