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
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19
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_____
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
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19
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_____
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
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19
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_____
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
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_____
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
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19
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_____
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
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_____
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
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19
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_____
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
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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.
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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
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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
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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,
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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.
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