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Text: S03451                            Text: S03453
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Senate Amendment 3452

Amendment Text

PAG LIN
  1  1    Amend House File 577, as passed by the House, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Sec. 101.  Section 543B.29, unnumbered paragraph
  1  6 1, Code 1997, is amended to read as follows:
  1  7    A license to practice the profession of real estate
  1  8 broker and salesperson may be revoked or suspended, or
  1  9 a licensee may be otherwise disciplined by the
  1 10 commission, when the licensee is guilty of the
  1 11 following acts or offenses:
  1 12    Sec. 102.  Section 543B.29, Code 1997, is amended
  1 13 by adding the following new subsection:
  1 14    NEW SUBSECTION.  12.  Noncompliance with the
  1 15 appraisal requirements in chapter 543D when providing
  1 16 an appraisal.
  1 17    Sec. 103.  Section 543B.29, unnumbered paragraph 3,
  1 18 Code 1997, is amended to read as follows:
  1 19    A real estate broker or salesperson who is an owner
  1 20 or lessor of property or an employee of an owner or
  1 21 lessor may have the broker's or salesperson's license
  1 22 revoked or suspended, or may be otherwise disciplined
  1 23 by the commission, for violations of this section or
  1 24 section 543B.34, except subsections 4, 5, 6, and 9,
  1 25 with respect to that property.
  1 26    Sec. 104.  Section 543D.1, Code 1997, is amended to
  1 27 read as follows:
  1 28    543D.1  SHORT TITLE.
  1 29    This chapter shall be known and may be cited as the
  1 30 "Iowa Voluntary Appraisal Standards and Appraiser
  1 31 Certification Law".
  1 32    Sec. 105.  Section 543D.3, Code 1997, is amended to
  1 33 read as follows:
  1 34    543D.3  PURPOSES – VOLUNTARY CERTIFICATION.
  1 35    The purpose of this chapter is to establish
  1 36 standards for real estate appraisals and a procedure
  1 37 for the voluntary certification of real estate
  1 38 appraisers.
  1 39    A person who is not a certified real estate
  1 40 appraiser under this chapter may appraise real estate
  1 41 for compensation if certification is not required by
  1 42 this chapter or by federal or state law, rule, or
  1 43 policy Except as otherwise provided in this chapter,
  1 44 only a certified appraiser, designated broker, or
  1 45 broker associate as defined in section 543B.5 may
  1 46 charge a fee for conducting an appraisal.
  1 47    Sec. 106.  Section 543D.4, subsections 3 and 4,
  1 48 Code 1997, are amended to read as follows:
  1 49    3.  Each A real estate appraiser member of the
  1 50 board appointed after January 1, 1992, must be a
  2  1 certified real estate appraiser.  The governor shall
  2  2 attempt to represent each class of certified
  2  3 appraisers in making the appointments.
  2  4    4.  The term of each member is three years; except
  2  5 that, of the members first appointed, two shall be
  2  6 appointed for two years and two shall be appointed for
  2  7 one year."
  2  8    #2.  Page 1, by inserting after line 12 the
  2  9 following:
  2 10    "Sec. 107.  NEW SECTION.  543D.20  EXCLUSIONS FROM
  2 11 APPLICABILITY OF CHAPTER.
  2 12    This chapter does not apply to the following:
  2 13    1.  An individual licensed under chapter 543B who
  2 14 does not provide an appraisal, but who in the ordinary
  2 15 course of business provides an opinion of value,
  2 16 valuation, analysis, or a recommendation of price or
  2 17 pricing of real estate in the pursuit of a listing,
  2 18 when the opinion is provided to assist a potential
  2 19 purchaser in developing a purchase offer or to provide
  2 20 a broker's price opinion, whether or not the opinion
  2 21 is provided for a fee.  Providing an opinion pursuant
  2 22 to this subsection is not subject to the uniform
  2 23 standard of performance appraisal procedures.
  2 24    2.  In addition to other individuals as provided,
  2 25 this chapter applies to a broker associate, or a
  2 26 designated broker, as defined in section 543B.5, who
  2 27 renders an appraisal or opinion of value, which must
  2 28 conform to the uniform standards of professional
  2 29 appraisal practices adopted by the appraisal
  2 30 foundation, and for purposes other than federally
  2 31 realted transactions as defined in Title XI of the
  2 32 federal Financial Institutions Reform, Recovery, and
  2 33 Enforcement Act of 1989, or as defined in the United
  2 34 States office of management and budget circular A-129,
  2 35 as amended, or the rules or regulations adopted
  2 36 pursuant to that circular.
  2 37    3.  a.  An employee of any of the following:
  2 38    (1)  The federal government.
  2 39    (2)  The state, or any agency, department, or
  2 40 political subdivision of the state.
  2 41    (3)  A financial institution as defined in section
  2 42 535A.1.
  2 43    b.  Notwithstanding paragraph "a", an employee of
  2 44 an entity identified in paragraph "a" who also
  2 45 practices as an independent real estate appraiser is
  2 46 subject to this chapter and shall comply with the
  2 47 requirements of this chapter prior to engaging in such
  2 48 other real estate appraising.
  2 49    Sec. 108.  EFFECTIVE DATE.  Sections 101 through
  2 50 107 of this Act are effective July 1, 1998."
  3  1    #3.  Title page, line 1, by inserting after the
  3  2 word "education" the following:  "and other".
  3  3    #4.  Title page, line 2, by inserting after the
  3  4 word "appraisers" the following:  ", brokers and
  3  5 salespersons".
  3  6    #5.  By renumbering as necessary.  
  3  7 
  3  8 
  3  9                               
  3 10 ROBERT DVORSKY 
  3 11 HF 577.701 77
  3 12 rn/sc/28
     

Text: S03451                            Text: S03453
Text: S03400 - S03499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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