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House File 2349

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 543D.1, Code 1999, is amended to read
  1  2 as follows:
  1  3    543D.1  SHORT TITLE.
  1  4    This chapter shall be known and may be cited as the "Iowa
  1  5 Voluntary Appraisal Standards and Appraiser Certification
  1  6 Law".
  1  7    Sec 2.  Section 543D.3, Code Supplement 1999, is amended to
  1  8 read as follows:
  1  9    543D.3  PURPOSES – VOLUNTARY MANDATORY CERTIFICATION.
  1 10    The purpose of this chapter is to establish standards for
  1 11 real estate appraisals and a procedure for the voluntary
  1 12 mandatory certification of real estate appraisers.
  1 13    A Except as otherwise provided in this chapter, only a
  1 14 person who is not a certified real estate appraiser under this
  1 15 chapter may shall appraise real estate for compensation if
  1 16 certification is not required by this chapter or by federal or
  1 17 state law, rule, or policy.  However, an An employee of the
  1 18 state department of transportation whose duties include
  1 19 appraisals of property pursuant to chapter 6B must be a
  1 20 certified real estate appraiser under this chapter.
  1 21    Sec. 3.  NEW SECTION.  543D.20  EXCLUSIONS.
  1 22    This chapter does not apply to the following:
  1 23    1.  a.  A salaried employee of any of the following:
  1 24    (1)  The federal government.
  1 25    (2)  The state, or any agency, department, or political
  1 26 subdivision of the state other than employees of the state
  1 27 department of transportation whose duties include appraisals
  1 28 of property.
  1 29    (3)  A financial institution as defined in section 535A.1.
  1 30    (4)  An insurance company authorized to transact the
  1 31 business of insurance in this state.
  1 32    b.  Notwithstanding paragraph "a", an employee otherwise
  1 33 excluded from the application of this chapter as provided in
  1 34 paragraph "a", who engages in acts as a real estate appraiser
  1 35 independently of the employee's employment, is subject to this
  2  1 chapter and must be certified as required in section 543D.3
  2  2 prior to engaging in such other appraisal acts.
  2  3    2.  An individual, who in the ordinary course of business,
  2  4 gives an opinion as to the price of real estate for the
  2  5 purpose of a prospective listing or sale, except that such
  2  6 opinion shall not be referred to as an appraisal.
  2  7 Additionally, no compensation, fee, or other consideration
  2  8 shall be charged or received for such opinion other than a
  2  9 real estate commission or brokerage fee charged or paid for
  2 10 brokerage services rendered in connection with the sale of the
  2 11 real estate involved.
  2 12    3.  An individual who provides assistance in obtaining data
  2 13 upon which an appraisal is based; in the physical preparation
  2 14 of an appraisal report, such as taking photographs, preparing
  2 15 charts, maps, or graphs, or typing or printing the report; or
  2 16 performing tasks that do not directly involve the exercise of
  2 17 judgment in determining the analysis, opinion, or conclusion
  2 18 concerning real estate or real property the subject of the
  2 19 appraisal.
  2 20    4.  An associate real estate appraiser.
  2 21    5.  An individual who renders an estimate or opinion of
  2 22 value of real estate or an interest in real estate when the
  2 23 estimate or opinion is for the purpose of real estate
  2 24 taxation.
  2 25    6.  An individual who renders an estimate or opinion of
  2 26 value of real estate or an interest in real estate or any
  2 27 damages to the real estate when the estimate or opinion is
  2 28 offered as testimony in a condemnation proceeding.  
  2 29                           EXPLANATION
  2 30    This bill amends Code chapter 543D, relating to the
  2 31 certification of real estate appraisers, and requires
  2 32 appraisers to be certified under that Code chapter.
  2 33 Currently, appraiser certification is voluntary.
  2 34    New Code section 543D.20 is created and excludes certain
  2 35 individuals from the application of Code chapter 543D,
  3  1 including a salaried employee of the federal government; the
  3  2 state, or any agency, department, or political subdivision of
  3  3 the state; a financial institution; or an insurance company
  3  4 authorized to transact the business of insurance in this
  3  5 state; except that an employee otherwise excluded from the
  3  6 application of this chapter who engages in acts as a real
  3  7 estate appraiser independently of the employee's employment is
  3  8 subject to this chapter and must be certified prior to
  3  9 engaging in such other appraisal acts.  The bill also excludes
  3 10 from the application of the Code chapter an individual who, in
  3 11 the ordinary course of business, gives an opinion as to the
  3 12 price of real estate for the purpose of a prospective listing
  3 13 or sale; provides assistance in obtaining data upon which an
  3 14 appraisal is based; assists in the physical preparation of an
  3 15 appraisal report, such as taking photographs, preparing
  3 16 charts, maps, or graphs, or typing or printing the report, or
  3 17 that does not directly involve the exercise of judgment in
  3 18 determining the analysis, opinion, or conclusion concerning
  3 19 real estate or real property the subject of the appraisal; an
  3 20 associate real estate appraiser; an individual who renders an
  3 21 estimate or opinion of value of real estate or an interest in
  3 22 real estate when the estimate or opinion is for the purpose of
  3 23 real estate taxation; and an individual who renders an
  3 24 estimate or opinion of value of real estate or an interest in
  3 25 real estate or any damages to the real estate when the
  3 26 estimate or opinion is offered as testimony in a condemnation
  3 27 proceeding.  
  3 28 LSB 5875YH 78
  3 29 mj/cf/24
     

Text: HF02348                           Text: HF02350
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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