Senate Study Bill 1249 SENATE FILE BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON WARNSTADT) 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 2300SC 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 2300SC 83 2 11 jp/nh/5