House File 611 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON COMMERCE,
                                           REGULATION AND LABOR

                                       (SUCCESSOR TO HF 407)


    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 2628HV 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 2628HV 81
  2  5 jp:nh/gg/14