Bill Text: IA SSB1080 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to matters under the purview of the banking division of the department of commerce, and providing for fees.
Spectrum: Unknown
Status: (N/A - Dead) 2013-01-30 - Commerce: McCoy Chair,Seng, and Anderson, B.. [SSB1080 Detail]
Download: Iowa-2013-SSB1080-Introduced.html
Senate
Study
Bill
1080
-
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-
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85
rn/nh
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20
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_____
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-
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(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
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_____
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
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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
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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.
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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
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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
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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
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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
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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”.
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Finally,
the
bill
deletes
current
detailed
provisions
1
contained
in
Code
section
544A.21
imposing
requirements
2
relating
to
the
practice
of
architecture
through
business
3
entities
to
protect
the
public
from
misleading
and
deceptive
4
advertising
and
to
guard
against
the
unlicensed
practice
of
5
architecture.
The
provisions
are
replaced
with
the
statement
6
that
the
board
shall
adopt
rules
regarding
the
practice
of
7
architecture
through
business
entities.
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