House Study Bill 82 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF COMMERCE/BANKING DIVISION BILL) A BILL FOR An Act relating to matters under the purview of the banking 1 division of the department of commerce, and providing for 2 fees. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1297DP (8) 85 rn/nh

S.F. _____ H.F. _____ Section 1. Section 12C.7, subsection 1, Code 2013, is 1 amended to read as follows: 2 1. A depository shall not directly or indirectly may pay 3 interest to a public officer on a demand deposit deposits 4 of public funds, and a public officer shall not may take or 5 receive interest on demand deposits of public funds. This 6 provision does not apply to interest on time certificates of 7 deposit or savings accounts for public funds. 8 Sec. 2. Section 524.904, subsection 5, paragraph b, 9 subparagraph (1), Code 2013, is amended by striking the 10 subparagraph. 11 Sec. 3. Section 533A.2, Code 2013, is amended by adding the 12 following new subsections: 13 NEW SUBSECTION . 7. The superintendent may authorize 14 applicants and licensees to be licensed through a nationwide 15 licensing system and to pay the corresponding system processing 16 fees. The superintendent may establish by rule or order 17 new requirements as necessary, including but not limited to 18 requirements that applicants, including officers and directors 19 and those who have control of the applicant, submit to 20 fingerprinting and criminal history checks. 21 NEW SUBSECTION . 8. For the purposes of this section and in 22 order to reduce the points of contact which the federal bureau 23 of investigation may be required to maintain for purposes 24 of subsection 7, the superintendent may use the nationwide 25 licensing system as a channeling agent for requesting 26 information from and distributing information to the United 27 States department of justice or other governmental agency, or 28 to or from any other source so directed by the superintendent. 29 Sec. 4. Section 533A.4, Code 2013, is amended to read as 30 follows: 31 533A.4 Expiration date. 32 The license issued under this chapter shall expire on 33 July 1 next December 31 following its issuance unless sooner 34 surrendered, revoked , or suspended, but may be renewed as 35 -1- LSB 1297DP (8) 85 rn/nh 1/ 20

S.F. _____ H.F. _____ provided in this chapter . 1 Sec. 5. Section 533A.5, subsection 1, Code 2013, is amended 2 to read as follows: 3 1. To continue in the business of debt management, each 4 licensee shall annually apply on or before June December 5 1 to the superintendent for renewal of its license. The 6 superintendent may assess a late fee of ten dollars per day for 7 applications submitted and accepted for processing after June 8 December 1. 9 Sec. 6. Section 533A.10, Code 2013, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 4. The superintendent may receive 12 documents, materials, or other information, including otherwise 13 confidential and privileged documents, materials, or other 14 information, through a nationwide licensing system and from 15 other local, state, federal, or international regulatory 16 agencies, the conference of state bank supervisors and 17 its affiliates and subsidiaries, the national association 18 of consumer credit administrators and its affiliates and 19 subsidiaries, and any other regulator association, and shall 20 maintain as confidential and privileged any such document, 21 material, or other information received with notice or the 22 understanding that it is confidential or privileged under the 23 laws of the jurisdiction that is the source of the document, 24 material, or other information. 25 Sec. 7. Section 533C.202, subsection 4, Code 2013, is 26 amended to read as follows: 27 4. A nonrefundable application fee of one thousand dollars 28 and a license fee must accompany an application for a license 29 under this article . The license fee must be refunded if the 30 application is denied. The license fee shall be the sum of 31 five hundred dollars plus an additional ten dollars for each 32 location in this state at which business is conducted through 33 authorized delegates or employees of the licensee, but shall 34 not exceed five thousand dollars. Fees for locations added 35 -2- LSB 1297DP (8) 85 rn/nh 2/ 20

S.F. _____ H.F. _____ after the initial application shall be submitted with the 1 quarterly reports pursuant to section 533C.503, subsection 2 2 . If the licensee has no locations in this state at which 3 business is conducted through authorized delegates or 4 employees of the licensee, the license fee shall be set by the 5 superintendent, but shall not exceed five thousand dollars. A 6 license under this article expires on the next September 30 7 December 31 after its issuance. The initial license fee is 8 considered an annual fee and the superintendent shall prorate 9 the license fee, refunding any amount due to a partial license 10 year. However, no refund of a license fee shall be made when a 11 license is suspended, revoked, or surrendered. 12 Sec. 8. Section 533C.202, Code 2013, is amended by adding 13 the following new subsections: 14 NEW SUBSECTION . 6. The superintendent may authorize 15 applicants and licensees to be licensed through a nationwide 16 licensing system and to pay the corresponding system processing 17 fees. The superintendent may establish by rule or order 18 new licensing requirements as necessary, including but not 19 limited to requirements that applicants, including officers and 20 directors and those who have control of the applicant, submit 21 to fingerprinting and criminal history checks. 22 NEW SUBSECTION . 7. For the purposes of this section and in 23 order to reduce the points of contact which the federal bureau 24 of investigation may be required to maintain for purposes 25 of subsection 6, the superintendent may use the nationwide 26 licensing system as a channeling agent for requesting 27 information from and distributing information to the United 28 States department of justice or other governmental agency, or 29 to or from any other source so directed by the superintendent. 30 Sec. 9. Section 533C.205, subsections 1 and 3, Code 2013, 31 are amended to read as follows: 32 1. A licensee under this article shall pay an annual 33 renewal fee as determined below by no later than September 34 December 1 of the year of expiration. The renewal fee shall be 35 -3- LSB 1297DP (8) 85 rn/nh 3/ 20

S.F. _____ H.F. _____ five hundred dollars plus an additional ten dollars for each 1 location in this state at which business is conducted through 2 authorized delegates or employees of the licensee, but shall 3 not exceed five thousand dollars. Fees for locations added 4 after submission of the renewal application shall be submitted 5 with the quarterly reports pursuant to section 533C.503, 6 subsection 2 . If the licensee has no locations in this state 7 at which business is conducted through authorized delegates 8 or employees of the licensee, the license fee shall be set 9 by the superintendent, but shall not exceed five thousand 10 dollars. Licenses issued under chapter 533B, Code 2003 , will 11 be initially renewed as provided in section 533C.904 . 12 3. If a licensee does not file a renewal report or pay its 13 renewal fee by September December 1, or any extension of time 14 granted by the superintendent, the superintendent may assess a 15 late fee of one hundred dollars per day. 16 Sec. 10. Section 533C.302, subsection 2, Code 2013, is 17 amended to read as follows: 18 2. A nonrefundable application fee of one thousand dollars 19 and the license fee must accompany an application for a license 20 under this article . The license fee shall be the sum of five 21 two hundred fifty dollars plus an additional one hundred fifty 22 dollars for each location at which business is conducted, but 23 not to exceed two one thousand dollars. Fees for locations 24 added after the initial application shall be submitted with the 25 quarterly reports pursuant to section 533C.503, subsection 2 . 26 The license fee must be refunded if the application is denied. 27 A license under this article expires on the next September 30 28 of an odd-ending year December 31 after its issuance. The 29 initial license fee is considered a biennial an annual fee and 30 the superintendent shall prorate the license fee, refunding any 31 amount due to a partial license period. However, no refund 32 of a license fee shall be made when a license is suspended, 33 revoked, or surrendered. 34 Sec. 11. Section 533C.302, Code 2013, is amended by adding 35 -4- LSB 1297DP (8) 85 rn/nh 4/ 20

S.F. _____ H.F. _____ the following new subsections: 1 NEW SUBSECTION . 3. The superintendent may authorize 2 applicants and licensees to be licensed through a nationwide 3 licensing system and to pay the corresponding system processing 4 fees. The superintendent may establish by rule or order 5 new requirements as necessary, including but not limited to 6 requirements that applicants, including officers and directors 7 and those who have control of the applicant, submit to 8 fingerprinting and criminal history checks. 9 NEW SUBSECTION . 4. For the purposes of this section and in 10 order to reduce the points of contact which the federal bureau 11 of investigation may be required to maintain for purposes 12 of subsection 3, the superintendent may use the nationwide 13 licensing system as a channeling agent for requesting 14 information from and distributing information to the United 15 States department of justice or other governmental agency, or 16 to or from any other source so directed by the superintendent. 17 Sec. 12. Section 533C.304, subsections 1 and 3, Code 2013, 18 are amended to read as follows: 19 1. A licensee under this article shall pay a biennial an 20 annual renewal fee no later than September December 1 of an 21 odd-ending year . The biennial annual renewal fee shall be 22 the sum of five two hundred fifty dollars plus an additional 23 one hundred fifty dollars for each location at which business 24 is conducted, but shall not exceed two one thousand dollars. 25 Fees for locations added after the initial application shall 26 be submitted with the quarterly reports pursuant to section 27 533C.503, subsection 2 . 28 3. If a licensee does not file a renewal report and pay 29 its renewal fee by September December 1 of an odd-ending year , 30 or any extension of time granted by the superintendent, the 31 superintendent may assess a late fee of one hundred dollars per 32 day. 33 Sec. 13. Section 533C.507, Code 2013, is amended by adding 34 the following new subsection: 35 -5- LSB 1297DP (8) 85 rn/nh 5/ 20

S.F. _____ H.F. _____ NEW SUBSECTION . 7. The superintendent may receive 1 documents, materials, or other information, including otherwise 2 confidential and privileged documents, materials, or other 3 information, through a nationwide licensing system and from 4 other local, state, federal, or international regulatory 5 agencies, the conference of state bank supervisors and 6 its affiliates and subsidiaries, the national association 7 of consumer credit administrators and its affiliates and 8 subsidiaries, the money transmitter regulators association, 9 and any other regulator associations, and shall maintain as 10 confidential and privileged any such document, material, or 11 other information received with notice or the understanding 12 that it is confidential or privileged under the laws of the 13 jurisdiction that is the source of the document, material, or 14 other information. 15 Sec. 14. Section 533C.904, Code 2013, is amended by striking 16 the section and inserting in lieu thereof the following: 17 533C.904 Applicability. 18 This chapter applies to the provision of money services on or 19 after October 1, 2003. 20 Sec. 15. Section 533D.3, subsection 3, unnumbered paragraph 21 1, Code 2013, is amended to read as follows: 22 The application required by this section shall be submitted 23 with both of the following: 24 Sec. 16. Section 533D.3, subsection 6, Code 2013, is amended 25 to read as follows: 26 6. a. A license issued pursuant to this chapter shall 27 be conspicuously posted at the licensee’s place of business. 28 A license shall remain in effect until the next succeeding 29 May January 1, unless earlier suspended or revoked by the 30 superintendent. 31 b. A license shall be renewed annually by filing with the 32 superintendent on or before April December 1 an application 33 for renewal containing such information as the superintendent 34 may require to indicate any material change in the information 35 -6- LSB 1297DP (8) 85 rn/nh 6/ 20

S.F. _____ H.F. _____ contained in the original application or succeeding renewal 1 applications and a renewal fee of two hundred fifty dollars. 2 c. The superintendent may assess a late fee of ten dollars 3 per day for applications submitted and accepted for processing 4 after April December 1. 5 Sec. 17. Section 533D.3, Code 2013, is amended by adding the 6 following new subsections: 7 NEW SUBSECTION . 7. The superintendent may authorize 8 applicants and licensees to be licensed through a nationwide 9 licensing system and to pay the corresponding system processing 10 fees. The superintendent may establish by rule or order 11 new requirements as necessary, including but not limited to 12 requirements that applicants, including officers and directors 13 and those who have control of the applicant, submit to 14 fingerprinting and criminal history checks. 15 NEW SUBSECTION . 8. For the purposes of this section and in 16 order to reduce the points of contact which the federal bureau 17 of investigation may be required to maintain for purposes 18 of subsection 7, the superintendent may use the nationwide 19 licensing system as a channeling agent for requesting 20 information from and distributing information to the United 21 States department of justice or other governmental agency, or 22 to or from any other source so directed by the superintendent. 23 Sec. 18. Section 533D.11, Code 2013, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 6. The superintendent may receive 26 documents, materials, or other information, including otherwise 27 confidential and privileged documents, materials, or other 28 information, through a nationwide licensing system and from 29 other local, state, federal, or international regulatory 30 agencies, the conference of state bank supervisors and 31 its affiliates and subsidiaries, the national association 32 of consumer credit administrators and its affiliates and 33 subsidiaries, and any other regulator association, and shall 34 maintain as confidential and privileged any such document, 35 -7- LSB 1297DP (8) 85 rn/nh 7/ 20

S.F. _____ H.F. _____ material, or other information received with notice or the 1 understanding that it is confidential or privileged under the 2 laws of the jurisdiction that is the source of the document, 3 material, or other information. 4 Sec. 19. Section 535D.15, subsection 1, Code 2013, is 5 amended to read as follows: 6 1. Except as otherwise provided by this chapter, all papers, 7 documents, examination reports, and other writings relating to 8 the supervision of licensees are not public records and are not 9 subject to disclosure under chapter 22. Except as otherwise 10 provided in section 1512 of the federal Housing and Economic 11 Recovery Act of 2008, Pub. L. No. 110-289, the requirements 12 under any federal law or chapter 22 or 692 regarding the 13 privacy or confidentiality of any information or material 14 provided to the nationwide mortgage licensing system and 15 registry, and any privilege arising under federal or state law, 16 including the rules of any federal or state court, with respect 17 to such information or material, shall continue to apply to 18 such information or material after the information or material 19 has been disclosed to the nationwide mortgage licensing system 20 and registry. Such information and material may be shared 21 with any state or federal regulatory official with mortgage 22 industry oversight authority without the loss of privilege or 23 the loss of confidentiality protections provided by federal law 24 or chapter 22 or 692 . 25 Sec. 20. Section 542B.14, subsection 1, paragraph a, 26 subparagraphs (2) and (4), Code 2013, are amended to read as 27 follows: 28 (2) Successfully passing a written, oral, or written and 29 oral an examination in fundamental engineering subjects which 30 is designed to show the knowledge of general engineering 31 principles. A person passing the examination in fundamental 32 engineering subjects is entitled to a certificate as an 33 engineer intern. 34 (4) Successfully passing a written, oral, or written and 35 -8- LSB 1297DP (8) 85 rn/nh 8/ 20

S.F. _____ H.F. _____ oral an examination designed to determine the proficiency and 1 qualifications to engage in the practice of engineering. No 2 applicant shall be entitled to take this examination until 3 the applicant shows the necessary practical experience in 4 engineering work. 5 Sec. 21. Section 542B.14, subsection 1, paragraph b, 6 subparagraphs (2) and (4), Code 2013, are amended to read as 7 follows: 8 (2) Successfully passing a written, oral, or written and 9 oral an examination in fundamental land surveying subjects 10 which is designed to show the knowledge of general land 11 surveying principles. 12 (4) Successfully passing a written, oral, or written and 13 oral an examination designed to determine the proficiency and 14 qualifications to engage in the practice of land surveying. 15 No applicant shall be entitled to take this examination until 16 the applicant shows the necessary practical experience in land 17 surveying work. 18 Sec. 22. Section 542B.15, Code 2013, is amended to read as 19 follows: 20 542B.15 Examinations —— report required. 21 Examinations for licensure shall be given as often as deemed 22 necessary by the board, but no less than one time per year. The 23 scope of the examinations and the methods of procedure shall be 24 prescribed by the board. Any written examination may be given 25 by representatives of the board. All examinations in theory 26 shall be in writing and the The identity of the person taking 27 the examination shall be concealed until after the examination 28 papers have has been graded. For examinations in practice, 29 the identity of the person taking the examination shall also 30 be concealed as far as possible. As soon as practicable after 31 the close of each examination, a report shall be filed in the 32 office of the secretary of the board by the board. The report 33 shall show the action of the board upon each application and 34 the secretary of the board shall notify each applicant of the 35 -9- LSB 1297DP (8) 85 rn/nh 9/ 20

S.F. _____ H.F. _____ result of the applicant’s examination. Applicants who fail the 1 examination once shall be allowed to take the examination at 2 the next scheduled time. Thereafter, the applicant shall be 3 allowed to take the examination at the discretion of the board. 4 An applicant who has failed the examination may request in 5 writing information from the board concerning the applicant’s 6 examination grade and subject areas or questions which the 7 applicant failed to answer correctly, except that if the board 8 administers a uniform, standardized examination, the board 9 shall only be required to provide the examination grade and 10 such other information concerning the applicant’s examination 11 results which are available to the board. 12 Sec. 23. Section 543B.20, Code 2013, is amended to read as 13 follows: 14 543B.20 Written examination Examination . 15 Examinations for registration shall be given as often as 16 deemed necessary by the real estate commission, but no less 17 than one time per year. Each applicant for a license must 18 pass a written an examination authorized by the commission and 19 administered by the commission or persons designated by the 20 commission. The examination shall be of scope and wording 21 sufficient in the judgment of the commission to establish the 22 competency of the applicant to act as a real estate broker 23 or salesperson in a manner to protect the interests of the 24 public. An examination for a real estate broker shall be of a 25 more exacting nature than that for a real estate salesperson 26 and require higher standards of knowledge of real estate. All 27 examinations in real estate theory shall be in writing and the 28 The identity of the persons taking the examinations shall be 29 concealed until after the examination papers have has been 30 graded. For examinations in practice, the identity of the 31 persons taking the examinations shall also be concealed as 32 far as possible. A person who fails to pass either written 33 examination once may immediately apply to take the next 34 available examination. Thereafter, the applicant may take the 35 -10- LSB 1297DP (8) 85 rn/nh 10/ 20

S.F. _____ H.F. _____ examination at the discretion of the commission. An applicant 1 who has failed either examination may request in writing 2 information from the commission concerning the applicant’s 3 examination grade and subject areas or questions which the 4 applicant failed to answer correctly, except that if the 5 commission administers a uniform, standardized examination, the 6 commission is only required to provide the examination grade 7 and other information concerning the applicant’s examination 8 results which is available to the commission. 9 Sec. 24. Section 543D.4, Code 2013, is amended to read as 10 follows: 11 543D.4 Iowa real estate appraiser board. 12 A real estate appraiser examining board is established 13 within the professional licensing and regulation bureau of the 14 banking division of the department of commerce. The board 15 consists of seven members, two of whom shall be public members 16 and five of whom shall be certified real estate appraisers. 17 1. The governor shall appoint the members of the board who 18 are subject to confirmation by the senate. The governor may 19 remove a member for cause. 20 2. Appointees shall possess or maintain at least those 21 standards of ethics, education, and experience required by 22 federal regulations. 23 3. 2. Each real estate appraiser member of the board 24 appointed after January 1, 1992, must be a certified real 25 estate appraiser. A certified real estate appraiser member of 26 the board shall be actively engaged in practice as a certified 27 real estate appraiser and shall have been so engaged for five 28 years preceding appointment, the last two of which shall have 29 been in this state. The governor shall attempt to represent 30 each class of certified appraisers in making the appointments. 31 4. 3. The term of each member is three years ; except that, 32 of the members first appointed, two shall be appointed for 33 two years and two shall be appointed for one year . Vacancies 34 occurring during a term shall be filled by appointment by the 35 -11- LSB 1297DP (8) 85 rn/nh 11/ 20

S.F. _____ H.F. _____ governor for the unexpired term. 1 5. 4. Upon expiration of their terms, members of the 2 board shall continue to hold office until the appointment and 3 qualification of their successors. A person shall not serve 4 as a member of the board for more than two consecutive three 5 terms , but appointment to fill an unexpired term shall not be 6 considered a complete term for this purpose . 7 6. 5. The public members of the board shall not engage in 8 the practice of real estate appraising. 9 7. 6. The board shall meet at least once each calendar 10 quarter to conduct its business. 11 8. 7. The members of the board shall elect a chairperson 12 from among the members to preside at board meetings. 13 9. 8. A quorum of the board is four members. At least 14 three of the four members shall be appraiser members. 15 9. Members of the board are entitled to receive a per diem 16 as specified in section 7E.6 for each day spent in performance 17 of duties as members and shall be reimbursed for all actual 18 and necessary expenses incurred in the performance of duties 19 as members. 20 Sec. 25. Section 543D.5, Code 2013, is amended to read as 21 follows: 22 543D.5 Powers of the board. 23 1. The board shall adopt rules establishing uniform 24 appraisal standards and appraiser certification requirements 25 and other rules necessary to administer and enforce this 26 chapter and its responsibilities under chapter 272C . The 27 board shall consider and may incorporate any standards 28 required or recommended by the appraisal foundation , or by a 29 professional appraisal organization, or by a public authority 30 or organization responsible to review appraisals or for 31 the oversight of appraisers federal agency with regulatory 32 authority over appraisal standards or the certification of 33 appraisers for federally related transactions . 34 2. The uniform appraisal standards shall meet all of the 35 -12- LSB 1297DP (8) 85 rn/nh 12/ 20

S.F. _____ H.F. _____ following requirements: 1 a. Require compliance with federal law and appraisal 2 standards adopted by federal authorities as they apply to 3 federally covered related transactions. This paragraph does 4 not require that an appraiser invoke a jurisdictional exception 5 to the uniform standards of professional appraisal practice 6 in order to comply with federal law and appraisal standards 7 adopted by federal authorities as they apply to federally 8 covered related transactions, unless federal law requires that 9 the exception be invoked. 10 b. Develop standards for the scope of practice for certified 11 real estate appraisers. 12 c. Required compliance with the uniform standards of 13 professional appraisal practice in all appraisal assignments. 14 3. Appraiser certification requirements shall require a 15 demonstration that the applicant has a working knowledge of 16 current appraisal theories, practices, and techniques which 17 will provide a high degree of service and protection to members 18 of the public dealt with in a professional relationship under 19 authority of the certification. The board shall establish the 20 examination specifications for each category of certified real 21 estate appraiser, provide or procure appropriate examinations, 22 establish procedures for grading examinations, receive and 23 approve or disapprove applications for certification, and issue 24 certificates. 25 4. The board shall maintain a registry of the names and 26 addresses certificate numbers of appraisers certified under 27 this chapter and retain records and application materials 28 submitted to the board and the names and registration numbers 29 of associate appraisers registered under this chapter . 30 Sec. 26. Section 543D.8, unnumbered paragraph 1, Code 2013, 31 is amended to read as follows: 32 An original certification as a certified real estate 33 appraiser shall not be issued to a person who has not 34 demonstrated through a written an examination that the person 35 -13- LSB 1297DP (8) 85 rn/nh 13/ 20

S.F. _____ H.F. _____ possesses the following knowledge and understanding: 1 Sec. 27. Section 543D.16, subsection 2, Code 2013, is 2 amended to read as follows: 3 2. The basic continuing education requirement for renewal 4 of certification shall be the completion, before June 30 of 5 the year in which the appraiser’s certificate expires, of the 6 number of hours of instruction required by the board in courses 7 or seminars which have received the preapproval of the board. 8 Instructional hours by correspondence and home study courses 9 claimed by an appraiser shall not exceed fifty percent of the 10 required hours of instruction necessary for renewal. 11 Sec. 28. NEW SECTION . 543D.22 Criminal background checks. 12 1. The board may require a national criminal history check 13 through the federal bureau of investigation for applicants 14 for certification or registration, or for persons certified 15 or registered, under this chapter if needed to comply with 16 federal law or regulation, or the policies of the appraisal 17 qualification board of the appraisal foundation. 18 2. The board may require applicants, certificate holders, 19 or registrants to provide a full set of fingerprints, in a 20 form and manner prescribed by the board. Such fingerprints, 21 if required, shall be submitted to the federal bureau of 22 investigation through the state criminal history repository for 23 purposes of the national criminal history check. 24 3. The board may also request and obtain, notwithstanding 25 section 692.2, subsection 5, criminal history data for 26 applicants, certificate holders, and registrants. A request 27 for criminal history data shall be submitted to the department 28 of public safety, division of criminal investigation, pursuant 29 to section 692.2, subsection 1. 30 4. The board shall inform the applicant, certificate 31 holder, or registrant of the requirement of a national criminal 32 history check or request for criminal history data and obtain 33 a signed waiver from the applicant, certificate holder, or 34 registrant prior to requesting the check or data. 35 -14- LSB 1297DP (8) 85 rn/nh 14/ 20

S.F. _____ H.F. _____ 5. The board may, in addition to any other fees, charge 1 and collect such amounts as may be incurred by the board, the 2 department of public safety, or federal bureau of investigation 3 in obtaining criminal history information. Amounts collected 4 shall be considered repayment receipts as defined in section 5 8.2, subsection 8. 6 6. Criminal history data and other criminal history 7 information relating to an applicant, certificate holder, or 8 registrant obtained by the board pursuant to this section is 9 confidential. Such information may, however, be used by the 10 board in a certificate or registration denial or disciplinary 11 proceeding. 12 Sec. 29. Section 544A.21, Code 2013, is amended by striking 13 the section and inserting in lieu thereof the following: 14 544A.21 Practice by business entities. 15 The board shall adopt rules to govern the practice of 16 architecture through business entities to protect the public 17 from misleading and deceptive advertising and to guard against 18 the unlicensed practice of architecture. 19 Sec. 30. LICENSE EXPIRATION DATES —— TRANSITION 20 PROVISIONS. A license which would otherwise expire on or 21 before the effective date of this Act pursuant to Code sections 22 533A.4 and 533D.3 shall remain in full force and effect until 23 December 31, 2013, or January 1, 2014, as applicable. 24 EXPLANATION 25 This bill relates to matters under the purview of the banking 26 division of the department of commerce. 27 The bill amends provisions which currently prohibit a 28 depository, defined as a bank or credit union in which public 29 funds are deposited, from directly or indirectly paying 30 interest to a public officer on a demand deposit of public 31 funds, and prohibit a public officer from taking or receiving 32 interest. The bill provides that a depository may pay interest 33 to a public officer on deposits of public funds, and a public 34 officer may take or receive it. The bill deletes a provision 35 -15- LSB 1297DP (8) 85 rn/nh 15/ 20

S.F. _____ H.F. _____ that the previous prohibition did not apply to interest on time 1 certificates of deposit or savings accounts for public funds. 2 The bill deletes a provision characterizing a borrowing 3 group, for purposes of loans and extensions of credit by a 4 state bank, as including a person and any legal entity where 5 the interests of a group of more than one borrower, or any 6 combination of the members of the group, are so interrelated 7 that they should be considered a unit for the purpose of 8 applying lending limit limitations. 9 The bill makes several similar modifications throughout 10 Code chapters 533A (relating to engaging in the business of 11 debt management), 533C (relating to engaging in the business 12 of money transmission and engaging in the business of currency 13 exchange), and 533D (relating to engaging in a delayed deposit 14 service business). The bill provides that the superintendent 15 of banking may authorize applicants and licensees to be 16 licensed through a nationwide licensing system and to pay 17 the corresponding system processing fees, and that the 18 superintendent may establish by rule or order new requirements 19 including but not limited to requirements that applicants, 20 including officers and directors and those who have control of 21 the applicant, submit to fingerprinting and criminal history 22 checks. The bill states that in order to reduce the points of 23 contact which the federal bureau of investigation may have to 24 maintain the superintendent may use the nationwide licensing 25 system as a channeling agent for requesting information from 26 and distributing information to the United States department of 27 justice or other governmental agency, or to or from any other 28 source so directed by the superintendent. 29 Also, with reference to Code chapters 533A, 533C, and 30 533D, the bill provides that the superintendent may receive 31 documents, materials, or other information, including otherwise 32 confidential and privileged documents, materials, or other 33 information, through a nationwide licensing system and from 34 other local, state, federal, or international regulatory 35 -16- LSB 1297DP (8) 85 rn/nh 16/ 20

S.F. _____ H.F. _____ agencies, the conference of state bank supervisors and 1 its affiliates and subsidiaries, the national association 2 of consumer credit administrators and its affiliates and 3 subsidiaries, and any other regulator associations, and shall 4 maintain as confidential and privileged any such document, 5 material, or other information received with notice or the 6 understanding that it is confidential or privileged under the 7 laws of the jurisdiction that is the source of the document, 8 material, or other information. 9 Additionally, with reference to Code chapters 533A, 533C, 10 and 533D, the bill makes licensure expiration and renewal dates 11 consistent as December 1 for renewal and either December 31 or 12 January 1 (in the case of a delayed deposit services business) 13 for expiration. 14 The bill provides transition provisions specifying that 15 licenses which would otherwise have expired on or before the 16 bill’s effective date of July 1, 2013, shall remain in full 17 force and effect until the expiration date as modified by the 18 bill. 19 The bill reduces per application and per location license 20 fees for a currency exchange license. The license fee is 21 reduced from $500 to $250, and the per location fee is reduced 22 from an additional $100 to an additional $50 per location, 23 with the cap reduced from $2,000 to $1,000. In addition, 24 the license is changed from a biennial license to an annual 25 license. 26 The bill deletes outdated references to licensure under Code 27 chapter 533B, Code 2003, and related transition provisions, 28 contained in Code section 533C.904. 29 The bill adds to confidentiality provisions relating to the 30 mortgage licensing Act contained in Code section 535D.15. The 31 bill states that, except as otherwise provided by the Code 32 chapter, all papers, documents, examination reports, and other 33 writings relating to the supervision of licensees are not 34 public records and are not subject to disclosure under Code 35 -17- LSB 1297DP (8) 85 rn/nh 17/ 20

S.F. _____ H.F. _____ chapter 22. 1 The bill changes the requirements for the five real estate 2 appraiser members of the Iowa real estate appraiser board 3 to require that they be actively engaged in practice as a 4 certified real estate appraiser and shall have been so engaged 5 for five years preceding their appointment, with at least 6 the last two years in this state. The bill makes conforming 7 changes consistent with this modification, and provides 8 that vacancies occurring during a term shall be filled by 9 appointment by the governor for the unexpired term. The 10 bill permits a member to serve for three consecutive terms, 11 an increase from the current limit of two such terms, and 12 states that appointment to fill an unexpired term shall not 13 be considered a complete term for this purpose. The bill 14 authorizes members to be eligible for per diem and actual and 15 necessary expenses. Further, the bill modifies provisions 16 which had previously stated that the board shall consider and 17 may incorporate any standards recommended by the appraisal 18 foundation, or by a professional appraisal organization, or 19 by a public authority or organization responsible to review 20 appraisals or for the oversight of appraisers. This provision 21 is modified to refer to consideration and incorporation of any 22 standards required or recommended by the appraisal foundation 23 or by a federal agency with regulatory authority over appraisal 24 standards or the certification of appraisers for federally 25 related transactions. 26 The bill provides that uniform appraisal standards shall, 27 in addition to the current requirements, require compliance 28 with the uniform standards of professional appraisal practice 29 in all appraisal assignments. The bill also provides that the 30 board shall maintain a registry of the names and certificate 31 numbers, instead of addresses, of certified appraisers and 32 the names and registration numbers of registered associate 33 appraisers. The bill deletes a provision, with reference 34 to continuing education requirements, that instructional 35 -18- LSB 1297DP (8) 85 rn/nh 18/ 20

S.F. _____ H.F. _____ hours by correspondence and home study courses claimed by an 1 appraiser shall not exceed 50 percent of the required hours of 2 instruction necessary for renewal. 3 Again with reference to real estate appraisers, the bill 4 adds provisions relating to criminal background checks. 5 The bill states that the board is authorized to require a 6 national criminal history check through the federal bureau 7 of investigation for applicants, certificate holders, or 8 registrants if needed to comply with federal law or regulation, 9 or the policies of the appraisal qualification board of the 10 appraisal foundation. The bill states that the board is also 11 authorized to request and obtain state criminal history data 12 for applicants, certificate holders, and registrants. The 13 bill specifies that a request for criminal history data shall 14 be submitted to the department of public safety, division 15 of criminal investigation, pursuant to Code section 692.2, 16 subsection 1. The bill authorizes the board, in addition to 17 any other fees, to charge and collect such amounts as may 18 be incurred by the board, the department of public safety, 19 or federal bureau of investigation, in obtaining criminal 20 history information. The board shall inform the applicant, 21 certificate holder, or registrant of the requirement of a 22 national criminal history check or request for criminal history 23 data and obtain a signed waiver from the applicant, certificate 24 holder, or registrant prior to requesting the check or data. 25 Additionally, the bill specifies that criminal history data and 26 other criminal history information relating to an applicant, 27 certificate holder, or registrant obtained by the board is 28 confidential but may be used by the board in a certificate or 29 registration denial or disciplinary proceeding. 30 The bill deletes references to a “written” or “oral” 31 examination in relation to engineering, land surveying, real 32 estate broker and salesperson, and real estate appraiser 33 licensing examinations in favor of the nonspecific reference 34 to “examinations”. 35 -19- LSB 1297DP (8) 85 rn/nh 19/ 20