House File 407 - Introduced HOUSE FILE BY STRUYK Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring performance of a criminal history check of 2 applicants for real estate broker and salesperson licenses. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2628YH 81 5 jp/gg/14 PAG LIN 1 1 Section 1. Section 543B.15, Code 2005, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 10. An applicant for an initial real 1 4 estate broker's or salesperson's license shall be subject to a 1 5 national criminal history check through the federal bureau of 1 6 investigation. The applicant shall request the criminal 1 7 history check and shall provide the applicant's fingerprints 1 8 to the department of public safety for submission through the 1 9 state criminal history repository to the federal bureau of 1 10 investigation. The applicant shall authorize release of the 1 11 results of the criminal history check to the real estate 1 12 commission. The applicant shall pay the actual cost of the 1 13 fingerprinting and criminal history check, if any. Unless the 1 14 criminal history check was completed within the ninety 1 15 calendar days prior to the date the license application is 1 16 received by the real estate commission, the commission shall 1 17 reject and return the application to the applicant. The 1 18 results of a criminal history check conducted pursuant to this 1 19 subsection shall not be considered a public record under 1 20 chapter 22. 1 21 EXPLANATION 1 22 This bill amends Code section 543B.15, relating to real 1 23 estate licensee qualifications, to require performance of a 1 24 national criminal history check of applicants for an initial 1 25 real estate broker's or salesperson's license. 1 26 The applicant must request the criminal history check to be 1 27 performed by the department of public safety and provide the 1 28 department with the applicant's fingerprints for submission to 1 29 the federal bureau of investigation. The applicant must 1 30 authorize release of the results of the criminal history check 1 31 to the real estate commission and pay for the actual costs of 1 32 fingerprinting and the criminal history check. Unless the 1 33 criminal history check was completed within the 90=calendar= 1 34 day period prior to the date a license application is received 1 35 by the commission, the commission must reject and return the 2 1 application to the applicant. The bill provides that the 2 2 criminal history check results are not a public record under 2 3 Code chapter 22, Iowa's public record law. 2 4 LSB 2628YH 81 2 5 jp:nh/gg/14