Senate File 278 - Introduced





                                       SENATE FILE       
                                       BY  COMMITTEE ON COMMERCE

                                       (SUCCESSOR TO SSB 1249)


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

                                      A BILL FOR

  1 An Act relating to acceptance and recognition of the national
  2    criminal history record check required of applicants for
  3    certain real estate licenses.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2300SV 83
  6 jp/nh/5

PAG LIN



  1  1    Section 1.  Section 543B.15, subsection 10, Code 2009, is
  1  2 amended to read as follows:
  1  3    10.  a.  An applicant for an initial real estate broker's
  1  4 or salesperson's license shall be subject to a national
  1  5 criminal history check through the federal bureau of
  1  6 investigation.  The commission 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.
  1 14    b.  In lieu of a criminal history check requested by the
  1 15 applicant in accordance with paragraph "a", the real estate
  1 16 commission shall accept and recognize a national criminal
  1 17 history check through the federal bureau of investigation that
  1 18 was conducted on the applicant through another government
  1 19 agency in this state, another state, or the federal
  1 20 government.
  1 21    c.  Unless the criminal history check under paragraph "a"
  1 22 or "b" was completed within the two hundred ten calendar days
  1 23 prior to the date the license application is received by the
  1 24 real estate commission, the commission shall reject and return
  1 25 the application to the applicant.  The commission shall
  1 26 process the application but hold delivery of the license until
  1 27 the background check is complete.  The results of a criminal
  1 28 history check conducted pursuant to this subsection shall not
  1 29 be considered a public record under chapter 22.
  1 30                           EXPLANATION
  1 31    This bill relates to acceptance of the national criminal
  1 32 history record check required of applicants for an initial
  1 33 real estate broker's or salesperson's license under Code
  1 34 section 543B.15.
  1 35    Current law requires a fingerprint=based check through the
  2  1 federal bureau of investigation.  The bill provides that if
  2  2 such a check has been performed on the applicant through
  2  3 another government agency in this state, another state, or the
  2  4 federal government, the real estate commission is required to
  2  5 accept and recognize the check.  The requirement under current
  2  6 law for the criminal history check to have been completed
  2  7 within the 210 calendar days preceding receipt of the license
  2  8 application remains applicable to the criminal history
  2  9 conducted through another government agency.
  2 10 LSB 2300SV 83
  2 11 jp/nh/5