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Text: S03304                            Text: S03306
Text: S03300 - S03399                   Text: S Index
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Senate Amendment 3305

Amendment Text

PAG LIN
  1  1    Amend Senate File 211 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 543B.29, unnumbered paragraph
  1  5 1, Code 1997, is amended to read as follows:
  1  6    A license to practice the profession of real estate
  1  7 broker and salesperson may be revoked or suspended, or
  1  8 a licensee may be otherwise disciplined by the
  1  9 commission, when the licensee is guilty of the
  1 10 following acts or offenses:
  1 11    Sec. 2.  Section 543B.29, Code 1997, is amended by
  1 12 adding the following new subsection:
  1 13    NEW SUBSECTION.  12.  Noncompliance with the
  1 14 appraisal requirements in chapter 543D when providing
  1 15 an appraisal.
  1 16    Sec. 3.  Section 543B.29, unnumbered paragraph 3,
  1 17 Code 1997, is amended to read as follows:
  1 18    A real estate broker or salesperson who is an owner
  1 19 or lessor of property or an employee of an owner or
  1 20 lessor may have the broker's or salesperson's license
  1 21 revoked or suspended, or may be otherwise disciplined
  1 22 by the commission, for violations of this section or
  1 23 section 543B.34, except subsections 4, 5, 6, and 9,
  1 24 with respect to that property.
  1 25    Sec. 4.  Section 543D.1, Code 1997, is amended to
  1 26 read as follows:
  1 27    543D.1  SHORT TITLE.
  1 28    This chapter shall be known and may be cited as the
  1 29 "Iowa Voluntary Appraisal Standards and Appraiser
  1 30 Certification Law".
  1 31    Sec. 5.  Section 543D.3, Code 1997, is amended to
  1 32 read as follows:
  1 33    543D.3  PURPOSES – VOLUNTARY CERTIFICATION.
  1 34    The purpose of this chapter is to establish
  1 35 standards for real estate appraisals and a procedure
  1 36 for the voluntary certification of real estate
  1 37 appraisers.
  1 38    A person who is not a certified real estate
  1 39 appraiser under this chapter may appraise real estate
  1 40 for compensation if certification is not required by
  1 41 this chapter or by federal or state law, rule, or
  1 42 policy Except as otherwise provided in this chapter,
  1 43 only a certified appraiser, designated broker, or
  1 44 broker associate as defined in section 543B.5 may
  1 45 charge a fee for conducting an appraisal.
  1 46    Sec. 6.  Section 543D.4, subsections 3 and 4, Code
  1 47 1997, are amended to read as follows:
  1 48    3.  Each A real estate appraiser member of the
  1 49 board appointed after January 1, 1992, must be a
  1 50 certified real estate appraiser.  The governor shall
  2  1 attempt to represent each class of certified
  2  2 appraisers in making the appointments.
  2  3    4.  The term of each member is three years; except
  2  4 that, of the members first appointed, two shall be
  2  5 appointed for two years and two shall be appointed for
  2  6 one year.
  2  7    Sec. 7.  Section 543D.16, subsection 2, Code 1997,
  2  8 is amended to read as follows:
  2  9    2.  The basic continuing education requirement for
  2 10 renewal of certification shall be the completion,
  2 11 during the immediately preceding term before June 30
  2 12 of the year in which the appraiser's certificate
  2 13 expires, of the number of classroom hours of
  2 14 instruction required by the board in courses or
  2 15 seminars which have received the approval preapproval
  2 16 of the board.  Instructional hours by correspondence
  2 17 and home study courses claimed by an appraiser shall
  2 18 not exceed fifty percent of the required hours of
  2 19 instruction necessary for renewal.
  2 20    Sec. 8.  NEW SECTION.  543D.20  EXCLUSIONS FROM
  2 21 APPLICABILITY OF CHAPTER.
  2 22    This chapter does not apply to the following:
  2 23    1.  An individual licensed under chapter 543B who
  2 24 does not provide an appraisal, but who in the ordinary
  2 25 course of business provides an opinion of value,
  2 26 valuation, analysis, or a recommendation of price or
  2 27 pricing of real estate in the pursuit of a listing,
  2 28 when the opinion is provided to assist a potential
  2 29 purchaser in developing a purchase offer or to provide
  2 30 a broker's price opinion, whether or not the opinion
  2 31 is provided for a fee.  Providing an opinion pursuant
  2 32 to this subsection is not subject to the uniform
  2 33 standard of performance appraisal procedures.
  2 34    2.  A broker associate, or a designated broker, as
  2 35 defined in section 543B.5, who renders an appraisal of
  2 36 value for purposes other than federally related
  2 37 transactions as defined in Title XI of the federal
  2 38 Financial Institutions Reform, Recovery, and
  2 39 Enforcement Act of 1989, or as defined in the United
  2 40 States office of management and budget circular A-129,
  2 41 as amended, or the rules or regulations adopted
  2 42 pursuant to that circular.
  2 43    3.  a.  An employee of any of the following:
  2 44    (1)  The federal government.
  2 45    (2)  The state, or any agency, department, or
  2 46 political subdivision of the state.
  2 47    (3)  A financial institution as defined in section
  2 48 535A.1, if the appraisal is associated with a loan of
  2 49 less than fifty thousand dollars.
  2 50    b.  Notwithstanding paragraph "a", an employee of
  3  1 an entity identified in paragraph "a" who also
  3  2 practices as an independent real estate appraiser is
  3  3 subject to this chapter and shall comply with the
  3  4 requirements of this chapter prior to engaging in such
  3  5 other real estate appraising.
  3  6    Sec. 9.  EFFECTIVE DATE.  Sections 1 through 6 and
  3  7 8 of this Act are effective July 1, 1998." 
  3  8 
  3  9 
  3 10                               
  3 11 MICHAEL E. GRONSTAL
  3 12 SF 211.202 77
  3 13 mj/jj/28
     

Text: S03304                            Text: S03306
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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