Senate Study Bill 1139 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON McCOY) A BILL FOR An Act relating to matters under the purview of the banking 1 division of the department of commerce. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2165XC (4) 85 rn/nh
S.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 2165XC (4) 85 rn/nh 1/ 19
S.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 2165XC (4) 85 rn/nh 2/ 19
S.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 2165XC (4) 85 rn/nh 3/ 19
S.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 hundred dollars plus an additional one hundred dollars for each 22 location at which business is conducted, but not to exceed two 23 thousand dollars. Fees for locations added after the initial 24 application shall be submitted with the quarterly reports 25 pursuant to section 533C.503, subsection 2 . The license fee 26 must be refunded if the application is denied. A license under 27 this article expires on the next September 30 December 31 of an 28 odd-ending year after its issuance. The initial license fee is 29 considered a biennial fee and the superintendent shall prorate 30 the license fee, refunding any amount due to a partial license 31 period. However, no refund of a license fee shall be made when 32 a license is suspended, revoked, or surrendered. 33 Sec. 11. Section 533C.302, Code 2013, is amended by adding 34 the following new subsections: 35 -4- LSB 2165XC (4) 85 rn/nh 4/ 19
S.F. _____ NEW SUBSECTION . 3. The superintendent may authorize 1 applicants and licensees to be licensed through a nationwide 2 licensing system and to pay the corresponding system processing 3 fees. The superintendent may establish by rule or order 4 new requirements as necessary, including but not limited to 5 requirements that applicants, including officers and directors 6 and those who have control of the applicant, submit to 7 fingerprinting and criminal history checks. 8 NEW SUBSECTION . 4. For the purposes of this section and in 9 order to reduce the points of contact which the federal bureau 10 of investigation may be required to maintain for purposes 11 of subsection 3, the superintendent may use the nationwide 12 licensing system as a channeling agent for requesting 13 information from and distributing information to the United 14 States department of justice or other governmental agency, or 15 to or from any other source so directed by the superintendent. 16 Sec. 12. Section 533C.304, subsections 1 and 3, Code 2013, 17 are amended to read as follows: 18 1. A licensee under this article shall pay a biennial 19 renewal fee no later than September December 1 of an odd-ending 20 year. The biennial renewal fee shall be the sum of five 21 hundred dollars plus an additional one hundred dollars for 22 each location at which business is conducted, but shall not 23 exceed two thousand dollars. Fees for locations added after 24 the initial application shall be submitted with the quarterly 25 reports pursuant to section 533C.503, subsection 2 . 26 3. If a licensee does not file a renewal report and pay 27 its renewal fee by September December 1 of an odd-ending year, 28 or any extension of time granted by the superintendent, the 29 superintendent may assess a late fee of one hundred dollars per 30 day. 31 Sec. 13. Section 533C.507, Code 2013, is amended by adding 32 the following new subsection: 33 NEW SUBSECTION . 7. The superintendent may receive 34 documents, materials, or other information, including otherwise 35 -5- LSB 2165XC (4) 85 rn/nh 5/ 19
S.F. _____ confidential and privileged documents, materials, or other 1 information, through a nationwide licensing system and from 2 other local, state, federal, or international regulatory 3 agencies, the conference of state bank supervisors and 4 its affiliates and subsidiaries, the national association 5 of consumer credit administrators and its affiliates and 6 subsidiaries, the money transmitter regulators association, 7 and any other regulator associations, and shall maintain as 8 confidential and privileged any such document, material, or 9 other information received with notice or the understanding 10 that it is confidential or privileged under the laws of the 11 jurisdiction that is the source of the document, material, or 12 other information. 13 Sec. 14. Section 533C.904, Code 2013, is amended by striking 14 the section and inserting in lieu thereof the following: 15 533C.904 Applicability. 16 This chapter applies to the provision of money services on or 17 after October 1, 2003. 18 Sec. 15. Section 533D.3, subsection 3, unnumbered paragraph 19 1, Code 2013, is amended to read as follows: 20 The application required by this section shall be submitted 21 with both of the following: 22 Sec. 16. Section 533D.3, subsection 6, Code 2013, is amended 23 to read as follows: 24 6. a. A license issued pursuant to this chapter shall 25 be conspicuously posted at the licensee’s place of business. 26 A license shall remain in effect until the next succeeding 27 May January 1, unless earlier suspended or revoked by the 28 superintendent. 29 b. A license shall be renewed annually by filing with the 30 superintendent on or before April December 1 an application 31 for renewal containing such information as the superintendent 32 may require to indicate any material change in the information 33 contained in the original application or succeeding renewal 34 applications and a renewal fee of two hundred fifty dollars. 35 -6- LSB 2165XC (4) 85 rn/nh 6/ 19
S.F. _____ c. The superintendent may assess a late fee of ten dollars 1 per day for applications submitted and accepted for processing 2 after April December 1. 3 Sec. 17. Section 533D.3, Code 2013, is amended by adding the 4 following new subsections: 5 NEW SUBSECTION . 7. The superintendent may authorize 6 applicants and licensees to be licensed through a nationwide 7 licensing system and to pay the corresponding system processing 8 fees. The superintendent may establish by rule or order 9 new requirements as necessary, including but not limited to 10 requirements that applicants, including officers and directors 11 and those who have control of the applicant, submit to 12 fingerprinting and criminal history checks. 13 NEW SUBSECTION . 8. For the purposes of this section and in 14 order to reduce the points of contact which the federal bureau 15 of investigation may be required to maintain for purposes 16 of subsection 7, the superintendent may use the nationwide 17 licensing system as a channeling agent for requesting 18 information from and distributing information to the United 19 States department of justice or other governmental agency, or 20 to or from any other source so directed by the superintendent. 21 Sec. 18. Section 533D.11, Code 2013, is amended by adding 22 the following new subsection: 23 NEW SUBSECTION . 6. The superintendent may receive 24 documents, materials, or other information, including otherwise 25 confidential and privileged documents, materials, or other 26 information, through a nationwide licensing system and from 27 other local, state, federal, or international regulatory 28 agencies, the conference of state bank supervisors and 29 its affiliates and subsidiaries, the national association 30 of consumer credit administrators and its affiliates and 31 subsidiaries, and any other regulator association, and shall 32 maintain as confidential and privileged any such document, 33 material, or other information received with notice or the 34 understanding that it is confidential or privileged under the 35 -7- LSB 2165XC (4) 85 rn/nh 7/ 19
S.F. _____ laws of the jurisdiction that is the source of the document, 1 material, or other information. 2 Sec. 19. Section 535D.15, subsection 1, Code 2013, is 3 amended to read as follows: 4 1. Except as otherwise provided by this chapter, all papers, 5 documents, examination reports, and other writings relating to 6 the supervision of licensees are not public records and are not 7 subject to disclosure under chapter 22. Except as otherwise 8 provided in section 1512 of the federal Housing and Economic 9 Recovery Act of 2008, Pub. L. No. 110-289, the requirements 10 under any federal law or chapter 22 or 692 regarding the 11 privacy or confidentiality of any information or material 12 provided to the nationwide mortgage licensing system and 13 registry, and any privilege arising under federal or state law, 14 including the rules of any federal or state court, with respect 15 to such information or material, shall continue to apply to 16 such information or material after the information or material 17 has been disclosed to the nationwide mortgage licensing system 18 and registry. Such information and material may be shared 19 with any state or federal regulatory official with mortgage 20 industry oversight authority without the loss of privilege or 21 the loss of confidentiality protections provided by federal law 22 or chapter 22 or 692 . 23 Sec. 20. Section 542B.14, subsection 1, paragraph a, 24 subparagraphs (2) and (4), Code 2013, are amended to read as 25 follows: 26 (2) Successfully passing a written, oral, or written and 27 oral an examination in fundamental engineering subjects which 28 is designed to show the knowledge of general engineering 29 principles. A person passing the examination in fundamental 30 engineering subjects is entitled to a certificate as an 31 engineer intern. 32 (4) Successfully passing a written, oral, or written and 33 oral an examination designed to determine the proficiency and 34 qualifications to engage in the practice of engineering. No 35 -8- LSB 2165XC (4) 85 rn/nh 8/ 19
S.F. _____ applicant shall be entitled to take this examination until 1 the applicant shows the necessary practical experience in 2 engineering work. 3 Sec. 21. Section 542B.14, subsection 1, paragraph b, 4 subparagraphs (2) and (4), Code 2013, are amended to read as 5 follows: 6 (2) Successfully passing a written, oral, or written and 7 oral an examination in fundamental land surveying subjects 8 which is designed to show the knowledge of general land 9 surveying principles. 10 (4) Successfully passing a written, oral, or written and 11 oral an examination designed to determine the proficiency and 12 qualifications to engage in the practice of land surveying. 13 No applicant shall be entitled to take this examination until 14 the applicant shows the necessary practical experience in land 15 surveying work. 16 Sec. 22. Section 542B.15, Code 2013, is amended to read as 17 follows: 18 542B.15 Examinations —— report required. 19 Examinations for licensure shall be given as often as deemed 20 necessary by the board, but no less than one time per year. The 21 scope of the examinations and the methods of procedure shall be 22 prescribed by the board. Any written examination may be given 23 by representatives of the board. All examinations in theory 24 shall be in writing and the The identity of the person taking 25 the examination shall be concealed until after the examination 26 papers have has been graded. For examinations in practice, 27 the identity of the person taking the examination shall also 28 be concealed as far as possible. As soon as practicable after 29 the close of each examination, a report shall be filed in the 30 office of the secretary of the board by the board. The report 31 shall show the action of the board upon each application and 32 the secretary of the board shall notify each applicant of the 33 result of the applicant’s examination. Applicants who fail the 34 examination once shall be allowed to take the examination at 35 -9- LSB 2165XC (4) 85 rn/nh 9/ 19
S.F. _____ the next scheduled time. Thereafter, the applicant shall be 1 allowed to take the examination at the discretion of the board. 2 An applicant who has failed the examination may request in 3 writing information from the board concerning the applicant’s 4 examination grade and subject areas or questions which the 5 applicant failed to answer correctly, except that if the board 6 administers a uniform, standardized examination, the board 7 shall only be required to provide the examination grade and 8 such other information concerning the applicant’s examination 9 results which are available to the board. 10 Sec. 23. Section 543B.20, Code 2013, is amended to read as 11 follows: 12 543B.20 Written examination Examination . 13 Examinations for registration shall be given as often as 14 deemed necessary by the real estate commission, but no less 15 than one time per year. Each applicant for a license must 16 pass a written an examination authorized by the commission and 17 administered by the commission or persons designated by the 18 commission. The examination shall be of scope and wording 19 sufficient in the judgment of the commission to establish the 20 competency of the applicant to act as a real estate broker 21 or salesperson in a manner to protect the interests of the 22 public. An examination for a real estate broker shall be of a 23 more exacting nature than that for a real estate salesperson 24 and require higher standards of knowledge of real estate. All 25 examinations in real estate theory shall be in writing and the 26 The identity of the persons taking the examinations shall be 27 concealed until after the examination papers have has been 28 graded. For examinations in practice, the identity of the 29 persons taking the examinations shall also be concealed as 30 far as possible. A person who fails to pass either written 31 examination once may immediately apply to take the next 32 available examination. Thereafter, the applicant may take the 33 examination at the discretion of the commission. An applicant 34 who has failed either examination may request in writing 35 -10- LSB 2165XC (4) 85 rn/nh 10/ 19
S.F. _____ information from the commission concerning the applicant’s 1 examination grade and subject areas or questions which the 2 applicant failed to answer correctly, except that if the 3 commission administers a uniform, standardized examination, the 4 commission is only required to provide the examination grade 5 and other information concerning the applicant’s examination 6 results which is available to the commission. 7 Sec. 24. Section 543D.4, Code 2013, is amended to read as 8 follows: 9 543D.4 Iowa real estate appraiser board. 10 A real estate appraiser examining board is established 11 within the professional licensing and regulation bureau of the 12 banking division of the department of commerce. The board 13 consists of seven members, two of whom shall be public members 14 and five of whom shall be certified real estate appraisers. 15 1. The governor shall appoint the members of the board who 16 are subject to confirmation by the senate. The governor may 17 remove a member for cause. 18 2. Appointees shall possess or maintain at least those 19 standards of ethics, education, and experience required by 20 federal regulations. 21 3. 2. Each real estate appraiser member of the board 22 appointed after January 1, 1992, must be a certified real 23 estate appraiser. A certified real estate appraiser member of 24 the board shall be actively engaged in practice as a certified 25 real estate appraiser and shall have been so engaged for five 26 years preceding appointment, the last two of which shall have 27 been in this state. The governor shall attempt to represent 28 each class of certified appraisers in making the appointments. 29 4. 3. The term of each member is three years ; except that, 30 of the members first appointed, two shall be appointed for 31 two years and two shall be appointed for one year . Vacancies 32 occurring during a term shall be filled by appointment by the 33 governor for the unexpired term. 34 5. 4. Upon expiration of their terms, members of the 35 -11- LSB 2165XC (4) 85 rn/nh 11/ 19
S.F. _____ board shall continue to hold office until the appointment and 1 qualification of their successors. A person shall not serve 2 as a member of the board for more than two consecutive three 3 terms , but appointment to fill an unexpired term shall not be 4 considered a complete term for this purpose . 5 6. 5. The public members of the board shall not engage in 6 the practice of real estate appraising. 7 7. 6. The board shall meet at least once each calendar 8 quarter to conduct its business. 9 8. 7. The members of the board shall elect a chairperson 10 from among the members to preside at board meetings. 11 9. 8. A quorum of the board is four members. At least 12 three of the four members shall be appraiser members. 13 9. Members of the board are entitled to receive a per diem 14 as specified in section 7E.6 for each day spent in performance 15 of duties as members and shall be reimbursed for all actual 16 and necessary expenses incurred in the performance of duties 17 as members. 18 Sec. 25. Section 543D.5, Code 2013, is amended to read as 19 follows: 20 543D.5 Powers of the board. 21 1. The board shall adopt rules establishing uniform 22 appraisal standards and appraiser certification requirements 23 and other rules necessary to administer and enforce this 24 chapter and its responsibilities under chapter 272C . The 25 board shall consider and may incorporate any standards 26 required or recommended by the appraisal foundation , or by a 27 professional appraisal organization, or by a public authority 28 or organization responsible to review appraisals or for 29 the oversight of appraisers federal agency with regulatory 30 authority over appraisal standards or the certification of 31 appraisers for federally related transactions . 32 2. The uniform appraisal standards shall meet all of the 33 following requirements: 34 a. Require compliance with federal law and appraisal 35 -12- LSB 2165XC (4) 85 rn/nh 12/ 19
S.F. _____ standards adopted by federal authorities as they apply to 1 federally covered related transactions. This paragraph does 2 not require that an appraiser invoke a jurisdictional exception 3 to the uniform standards of professional appraisal practice 4 in order to comply with federal law and appraisal standards 5 adopted by federal authorities as they apply to federally 6 covered related transactions, unless federal law requires that 7 the exception be invoked. 8 b. Develop standards for the scope of practice for certified 9 real estate appraisers. 10 c. Required compliance with the uniform standards of 11 professional appraisal practice in all appraisal assignments. 12 3. Appraiser certification requirements shall require a 13 demonstration that the applicant has a working knowledge of 14 current appraisal theories, practices, and techniques which 15 will provide a high degree of service and protection to members 16 of the public dealt with in a professional relationship under 17 authority of the certification. The board shall establish the 18 examination specifications for each category of certified real 19 estate appraiser, provide or procure appropriate examinations, 20 establish procedures for grading examinations, receive and 21 approve or disapprove applications for certification, and issue 22 certificates. 23 4. The board shall maintain a registry of the names and 24 addresses certificate numbers of appraisers certified under 25 this chapter and retain records and application materials 26 submitted to the board and the names and registration numbers 27 of associate appraisers registered under this chapter . 28 Sec. 26. Section 543D.8, unnumbered paragraph 1, Code 2013, 29 is amended to read as follows: 30 An original certification as a certified real estate 31 appraiser shall not be issued to a person who has not 32 demonstrated through a written an examination that the person 33 possesses the following knowledge and understanding: 34 Sec. 27. Section 543D.16, subsection 2, Code 2013, is 35 -13- LSB 2165XC (4) 85 rn/nh 13/ 19
S.F. _____ amended to read as follows: 1 2. The basic continuing education requirement for renewal 2 of certification shall be the completion, before June 30 of 3 the year in which the appraiser’s certificate expires, of the 4 number of hours of instruction required by the board in courses 5 or seminars which have received the preapproval of the board. 6 Instructional hours by correspondence and home study courses 7 claimed by an appraiser shall not exceed fifty percent of the 8 required hours of instruction necessary for renewal. 9 Sec. 28. NEW SECTION . 543D.22 Criminal background checks. 10 1. The board may require a national criminal history check 11 through the federal bureau of investigation for applicants 12 for certification or registration, or for persons certified 13 or registered, under this chapter if needed to comply with 14 federal law or regulation, or the policies of the appraisal 15 qualification board of the appraisal foundation. 16 2. The board may require applicants, certificate holders, 17 or registrants to provide a full set of fingerprints, in a 18 form and manner prescribed by the board. Such fingerprints, 19 if required, shall be submitted to the federal bureau of 20 investigation through the state criminal history repository for 21 purposes of the national criminal history check. 22 3. The board may also request and obtain, notwithstanding 23 section 692.2, subsection 5, criminal history data for 24 applicants, certificate holders, and registrants. A request 25 for criminal history data shall be submitted to the department 26 of public safety, division of criminal investigation, pursuant 27 to section 692.2, subsection 1. 28 4. The board shall inform the applicant, certificate 29 holder, or registrant of the requirement of a national criminal 30 history check or request for criminal history data and obtain 31 a signed waiver from the applicant, certificate holder, or 32 registrant prior to requesting the check or data. 33 5. The board may, in addition to any other fees, charge 34 and collect such amounts as may be incurred by the board, the 35 -14- LSB 2165XC (4) 85 rn/nh 14/ 19
S.F. _____ department of public safety, or federal bureau of investigation 1 in obtaining criminal history information. Amounts collected 2 shall be considered repayment receipts as defined in section 3 8.2, subsection 8. 4 6. Criminal history data and other criminal history 5 information relating to an applicant, certificate holder, or 6 registrant obtained by the board pursuant to this section is 7 confidential. Such information may, however, be used by the 8 board in a certificate or registration denial or disciplinary 9 proceeding. 10 Sec. 29. Section 544A.21, Code 2013, is amended by striking 11 the section and inserting in lieu thereof the following: 12 544A.21 Practice by business entities. 13 The board shall adopt rules to govern the practice of 14 architecture through business entities to protect the public 15 from misleading and deceptive advertising and to guard against 16 the unlicensed practice of architecture. 17 Sec. 30. LICENSE EXPIRATION DATES —— TRANSITION 18 PROVISIONS. A license which would otherwise expire on or 19 before the effective date of this Act pursuant to Code sections 20 533A.4 and 533D.3 shall remain in full force and effect until 21 December 31, 2013, or January 1, 2014, as applicable. 22 EXPLANATION 23 This bill relates to matters under the purview of the banking 24 division of the department of commerce. 25 The bill amends provisions which currently prohibit a 26 depository, defined as a bank or credit union in which public 27 funds are deposited, from directly or indirectly paying 28 interest to a public officer on a demand deposit of public 29 funds, and prohibit a public officer from taking or receiving 30 interest. The bill provides that a depository may pay interest 31 to a public officer on deposits of public funds, and a public 32 officer may take or receive it. The bill deletes a provision 33 that the previous prohibition did not apply to interest on time 34 certificates of deposit or savings accounts for public funds. 35 -15- LSB 2165XC (4) 85 rn/nh 15/ 19
S.F. _____ The bill deletes a provision characterizing a borrowing 1 group, for purposes of loans and extensions of credit by a 2 state bank, as including a person and any legal entity where 3 the interests of a group of more than one borrower, or any 4 combination of the members of the group, are so interrelated 5 that they should be considered a unit for the purpose of 6 applying lending limit limitations. 7 The bill makes several similar modifications throughout 8 Code chapters 533A (relating to engaging in the business of 9 debt management), 533C (relating to engaging in the business 10 of money transmission and engaging in the business of currency 11 exchange), and 533D (relating to engaging in a delayed deposit 12 service business). The bill provides that the superintendent 13 of banking may authorize applicants and licensees to be 14 licensed through a nationwide licensing system and to pay 15 the corresponding system processing fees, and that the 16 superintendent may establish by rule or order new requirements 17 including but not limited to requirements that applicants, 18 including officers and directors and those who have control of 19 the applicant, submit to fingerprinting and criminal history 20 checks. The bill states that in order to reduce the points of 21 contact which the federal bureau of investigation may have to 22 maintain the superintendent may use the nationwide licensing 23 system as a channeling agent for requesting information from 24 and distributing information to the United States department of 25 justice or other governmental agency, or to or from any other 26 source so directed by the superintendent. 27 Also, with reference to Code chapters 533A, 533C, and 28 533D, the bill provides that the superintendent may receive 29 documents, materials, or other information, including otherwise 30 confidential and privileged documents, materials, or other 31 information, through a nationwide licensing system and from 32 other local, state, federal, or international regulatory 33 agencies, the conference of state bank supervisors and 34 its affiliates and subsidiaries, the national association 35 -16- LSB 2165XC (4) 85 rn/nh 16/ 19
S.F. _____ of consumer credit administrators and its affiliates and 1 subsidiaries, and any other regulator associations, and shall 2 maintain as confidential and privileged any such document, 3 material, or other information received with notice or the 4 understanding that it is confidential or privileged under the 5 laws of the jurisdiction that is the source of the document, 6 material, or other information. 7 Additionally, with reference to Code chapters 533A, 533C, 8 and 533D, the bill makes licensure expiration and renewal dates 9 consistent as December 1 for renewal and either December 31 or 10 January 1 (in the case of a delayed deposit services business) 11 for expiration. 12 The bill provides transition provisions specifying that 13 licenses which would otherwise have expired on or before the 14 bill’s effective date of July 1, 2013, shall remain in full 15 force and effect until the expiration date as modified by the 16 bill. 17 The bill deletes outdated references to licensure under Code 18 chapter 533B, Code 2003, and related transition provisions, 19 contained in Code section 533C.904. 20 The bill adds to confidentiality provisions relating to the 21 mortgage licensing Act contained in Code section 535D.15. The 22 bill states that, except as otherwise provided by the Code 23 chapter, all papers, documents, examination reports, and other 24 writings relating to the supervision of licensees are not 25 public records and are not subject to disclosure under Code 26 chapter 22. 27 The bill changes the requirements for the five real estate 28 appraiser members of the Iowa real estate appraiser board 29 to require that they be actively engaged in practice as a 30 certified real estate appraiser and shall have been so engaged 31 for five years preceding their appointment, with at least 32 the last two years in this state. The bill makes conforming 33 changes consistent with this modification, and provides 34 that vacancies occurring during a term shall be filled by 35 -17- LSB 2165XC (4) 85 rn/nh 17/ 19
S.F. _____ appointment by the governor for the unexpired term. The 1 bill permits a member to serve for three consecutive terms, 2 an increase from the current limit of two such terms, and 3 states that appointment to fill an unexpired term shall not 4 be considered a complete term for this purpose. The bill 5 authorizes members to be eligible for per diem and actual and 6 necessary expenses. Further, the bill modifies provisions 7 which had previously stated that the board shall consider and 8 may incorporate any standards recommended by the appraisal 9 foundation, or by a professional appraisal organization, or 10 by a public authority or organization responsible to review 11 appraisals or for the oversight of appraisers. This provision 12 is modified to refer to consideration and incorporation of any 13 standards required or recommended by the appraisal foundation 14 or by a federal agency with regulatory authority over appraisal 15 standards or the certification of appraisers for federally 16 related transactions. 17 The bill provides that uniform appraisal standards shall, 18 in addition to the current requirements, require compliance 19 with the uniform standards of professional appraisal practice 20 in all appraisal assignments. The bill also provides that the 21 board shall maintain a registry of the names and certificate 22 numbers, instead of addresses, of certified appraisers and 23 the names and registration numbers of registered associate 24 appraisers. The bill deletes a provision, with reference 25 to continuing education requirements, that instructional 26 hours by correspondence and home study courses claimed by an 27 appraiser shall not exceed 50 percent of the required hours of 28 instruction necessary for renewal. 29 Again with reference to real estate appraisers, the bill 30 adds provisions relating to criminal background checks. 31 The bill states that the board is authorized to require a 32 national criminal history check through the federal bureau 33 of investigation for applicants, certificate holders, or 34 registrants if needed to comply with federal law or regulation, 35 -18- LSB 2165XC (4) 85 rn/nh 18/ 19
S.F. _____ or the policies of the appraisal qualification board of the 1 appraisal foundation. The bill states that the board is also 2 authorized to request and obtain state criminal history data 3 for applicants, certificate holders, and registrants. The 4 bill specifies that a request for criminal history data shall 5 be submitted to the department of public safety, division 6 of criminal investigation, pursuant to Code section 692.2, 7 subsection 1. The bill authorizes the board, in addition to 8 any other fees, to charge and collect such amounts as may 9 be incurred by the board, the department of public safety, 10 or federal bureau of investigation, in obtaining criminal 11 history information. The board shall inform the applicant, 12 certificate holder, or registrant of the requirement of a 13 national criminal history check or request for criminal history 14 data and obtain a signed waiver from the applicant, certificate 15 holder, or registrant prior to requesting the check or data. 16 Additionally, the bill specifies that criminal history data and 17 other criminal history information relating to an applicant, 18 certificate holder, or registrant obtained by the board is 19 confidential but may be used by the board in a certificate or 20 registration denial or disciplinary proceeding. 21 The bill deletes references to a “written” or “oral” 22 examination in relation to engineering, land surveying, real 23 estate broker and salesperson, and real estate appraiser 24 licensing examinations in favor of the nonspecific reference 25 to “examinations”. 26 Finally, the bill deletes current detailed provisions 27 contained in Code section 544A.21 imposing requirements 28 relating to the practice of architecture through business 29 entities to protect the public from misleading and deceptive 30 advertising and to guard against the unlicensed practice of 31 architecture. The provisions are replaced with the statement 32 that the board shall adopt rules regarding the practice of 33 architecture through business entities. 34 -19- LSB 2165XC (4) 85 rn/nh 19/ 19