Senate File 137 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 137
  1  2
  1  3                             AN ACT
  1  4 PROVIDING FOR THE REGISTRATION OF ASSOCIATE REAL ESTATE
  1  5    APPRAISERS, PROHIBITING IMPROPER INFLUENCE OVER AN
  1  6    APPRAISER'S EVALUATION OPINION, AND IMPOSING A PENALTY.
  1  7
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9
  1 10    Section 1.  Section 543D.3, Code 2007, is amended to read
  1 11 as follows:
  1 12    543D.3  PURPOSES == VOLUNTARY CERTIFICATION.
  1 13    The purpose of this chapter is to establish standards for
  1 14 real estate appraisals and a procedure for the voluntary
  1 15 certification of real estate appraisers and the mandatory
  1 16 registration of associate real estate appraisers.
  1 17    A person who is not a certified real estate appraiser under
  1 18 this chapter may appraise real estate for compensation if
  1 19 certification is not required by this chapter or by federal or
  1 20 state law, rule, or policy.  However, an employee of the state
  1 21 department of transportation whose duties include appraisals
  1 22 of property pursuant to chapter 6B must be a certified real
  1 23 estate appraiser under this chapter or a registered associate
  1 24 real estate appraiser acting under the direct supervision of a
  1 25 certified real estate appraiser.
  1 26    Sec. 2.  Section 543D.9, Code 2007, is amended to read as
  1 27 follows:
  1 28    543D.9  EDUCATION AND EXPERIENCE REQUIREMENT.
  1 29    The board shall determine what real estate appraisal or
  1 30 real estate appraisal review experience and what education
  1 31 shall be required to provide appropriate assurance that an
  1 32 applicant for certification is competent to perform the
  1 33 certified appraisal work which is within the scope of practice
  1 34 defined by the board.  All experience required for initial
  1 35 certification shall be performed as a registered associate
  2  1 real estate appraiser acting under the direct supervision of a
  2  2 certified real estate appraiser, except as the board may
  2  3 provide by rule.  The board shall prescribe a required minimum
  2  4 number of tested hours of education relating to the provisions
  2  5 of this chapter, the uniform appraisal standards, and other
  2  6 rules issued in accordance with this chapter.
  2  7    Sec. 3.  Section 543D.18, subsection 1, Code 2007, is
  2  8 amended to read as follows:
  2  9    1.  A certified real estate appraiser shall comply with the
  2 10 uniform appraisal standards adopted under this chapter.  The
  2 11 reliance of the public in general and of the financial
  2 12 business community in particular on sound, reliable real
  2 13 estate appraisal practices imposes on persons engaged in the
  2 14 practice of real estate appraising as certified real estate
  2 15 appraisers or as registered associate real estate appraisers
  2 16 certain obligations both to their clients and to the public.
  2 17 These obligations include the obligation to maintain
  2 18 independence in thought and action, to adhere to the uniform
  2 19 appraisal standards adopted under this chapter, and to
  2 20 maintain high standards of personal conduct in all matters
  2 21 impacting one's fitness to practice real estate appraising.  A
  2 22 certified real estate appraiser and a registered associate
  2 23 real estate appraiser acting under the direct supervision of a
  2 24 certified real estate appraiser shall perform all appraisal
  2 25 assignments in an honest, disinterested and impartial manner,
  2 26 with objectivity and independence, and without accommodation
  2 27 to the personal interests or objectives of the appraiser, the
  2 28 client, or any third person.
  2 29    Sec. 4.  Section 543D.18, Code 2007, is amended by adding
  2 30 the following new subsection:
  2 31    NEW SUBSECTION.  7.  A certified real estate appraiser who
  2 32 receives significant real property appraisal assistance in the
  2 33 development or reporting of an appraisal assignment shall
  2 34 disclose such assistance in accordance with the uniform
  2 35 appraisal standards adopted under this chapter.
  3  1    Sec. 5.  NEW SECTION.  543D.18A  PENALTIES FOR IMPROPER
  3  2 INFLUENCE OF AN APPRAISAL ASSIGNMENT.
  3  3    1.  A mortgage lender, mortgage broker or originator, real
  3  4 estate broker or salesperson, client, party, appraiser, or any
  3  5 other person with an interest in a real estate transaction or
  3  6 the financing of any loan secured by real estate involving an
  3  7 appraisal assignment shall not improperly influence or attempt
  3  8 to improperly influence the development, reporting, result, or
  3  9 review of a real estate appraisal through coercion, extortion,
  3 10 or bribery, or by the withholding or threatened withholding of
  3 11 payment for an appraisal fee, or the conditioning of the
  3 12 payment of an appraisal fee upon the opinion, conclusion, or
  3 13 valuation to be reached, or a request that the appraiser
  3 14 report a predetermined opinion, conclusion, or valuation, or
  3 15 the desired valuation of any person, or by any other act or
  3 16 practice that impairs or attempts to impair an appraiser's
  3 17 independence, objectivity, and impartiality, as required by
  3 18 section 543D.18, subsections 1 and 2.
  3 19    2.  A violation of this section is an unlawful practice
  3 20 under section 714.16, subsection 2, paragraph "a".
  3 21    3.  A violation of this section is a ground for discipline
  3 22 against any person holding a certificate of registration under
  3 23 this chapter or another license issued under the laws of the
  3 24 state of Iowa, as license is defined in section 17A.2,
  3 25 subsection 6, if the practice of the profession, occupation,
  3 26 or business regulated by the license relates to real estate
  3 27 transactions or the financing of loans secured by real estate.
  3 28    4.  A person does not violate this section solely by asking
  3 29 an appraiser to consider additional, appropriate property
  3 30 information, or to provide further detail, substantiation, or
  3 31 explanation for the appraiser's value conclusion, or to
  3 32 correct errors in the appraisal report, or by withholding
  3 33 payment of an appraisal fee based on a bona fide dispute
  3 34 regarding the appraiser's compliance with the appraisal
  3 35 standards adopted by the board under this chapter.  A person
  4  1 does not violate this section solely by retaining appraisers
  4  2 from panels or lists on a rotating basis, or by supplying an
  4  3 appraiser with information the appraiser is required to
  4  4 analyze under the appraisal standards adopted by the board
  4  5 under this chapter, such as agreements of sale, options, or
  4  6 listings of the property to be valued.
  4  7    Sec. 6.  NEW SECTION.  543D.20  REGISTRATION OF ASSOCIATE
  4  8 REAL ESTATE APPRAISERS.
  4  9    1.  A person shall not assist a certified real estate
  4 10 appraiser in the development or reporting of an appraisal
  4 11 assignment that is required by this chapter, or by federal or
  4 12 state law, rule, or policy to be performed by a certified real
  4 13 estate appraiser, unless the person meets one or more of the
  4 14 following conditions:
  4 15    a.  The person is certified under this chapter.
  4 16    b.  The person is registered as an associate real estate
  4 17 appraiser and is acting under the direct supervision of a
  4 18 certified real estate appraiser.
  4 19    c.  The person is solely providing administrative services,
  4 20 such as taking photographs, preparing charts, or typing
  4 21 reports, and is not providing real estate appraisal assistance
  4 22 in developing the analysis, valuation, opinions, or
  4 23 conclusions associated with the appraisal assignment.
  4 24    d.  The person is providing professional consultation that
  4 25 does not constitute real property appraisal assistance, such
  4 26 as the assistance of a professional engineer or certified
  4 27 public accountant.
  4 28    2.  The board shall establish by rule the terms and
  4 29 conditions of the registration of associate real estate
  4 30 appraisers, including the educational and other prerequisites
  4 31 to registration, the fees for registration and the renewal of
  4 32 registration, and the continuing education requirements for
  4 33 renewal of registration.  The board shall consider and may
  4 34 incorporate any guidelines recommended by the appraisal
  4 35 qualifications board of the appraisal foundation relating to
  5  1 associate real estate appraisers.
  5  2    3.  The board shall adopt rules governing the manner in
  5  3 which certified real estate appraisers shall directly
  5  4 supervise associate real estate appraisers, the standards of
  5  5 conduct for associate real estate appraisers, and the grounds
  5  6 for imposing discipline against an associate real estate
  5  7 appraiser which shall include all of the grounds provided in
  5  8 section 543D.17.
  5  9    4.  Associate real estate appraisers shall be bound by the
  5 10 uniform appraisal standards adopted by the board under this
  5 11 chapter.
  5 12    5.  Persons who appraise real estate where certification is
  5 13 not required by this chapter or by federal or state law, rule,
  5 14 or policy, and who are not assisting a certified real estate
  5 15 appraiser in the development or reporting of an appraisal
  5 16 assignment that is required by this chapter, or by federal or
  5 17 state law, rule, or policy to be performed by a certified real
  5 18 estate appraiser, are not required to register with the board.
  5 19    Sec. 7.  NEW SECTION.  543D.21  VIOLATIONS == INJUNCTIONS
  5 20 == CIVIL PENALTIES.
  5 21    1.  If, as the result of a complaint or otherwise, the
  5 22 board believes that a person has engaged, or is about to
  5 23 engage, in an act or practice that constitutes or will
  5 24 constitute a violation of this chapter, the board may make
  5 25 application to the district court for an order enjoining such
  5 26 act or practice.  Upon a showing by the board that such person
  5 27 has engaged, or is about to engage, in any such act or
  5 28 practice, an injunction, restraining order, or other order as
  5 29 may be appropriate shall be granted by the district court.
  5 30    2.  The board may investigate complaints or initiate
  5 31 complaints against persons who are not certified or registered
  5 32 under this chapter solely to determine whether grounds exist
  5 33 to make application to the district court pursuant to
  5 34 subsection 1 or to issue an order pursuant to subsection 3,
  5 35 and in connection with such complaints or investigations may
  6  1 issue subpoenas to compel witnesses to testify or persons to
  6  2 produce evidence consistent with the provisions of section
  6  3 272C.6, subsection 3, as needed to determine whether probable
  6  4 cause exists to initiate proceedings under this section or to
  6  5 make application to the district court for an order enjoining
  6  6 violations of this chapter.
  6  7    3.  In addition to or as an alternative to making
  6  8 application to the district court for an injunction, the board
  6  9 may issue an order to a person who is not certified or
  6 10 registered under this chapter to require compliance with this
  6 11 chapter and may impose a civil penalty against such person for
  6 12 any violation of subsection 4 in an amount up to one thousand
  6 13 dollars for each violation.  All civil penalties collected
  6 14 pursuant to this subsection shall be deposited in the housing
  6 15 trust fund created in section 16.181.  An order issued
  6 16 pursuant to this section may prohibit a person from applying
  6 17 for certification or registration under this chapter.
  6 18    4.  The board may impose civil penalties against a person
  6 19 who is not certified or registered under this chapter for any
  6 20 of the following acts:
  6 21    a.  A violation of section 543D.15.
  6 22    b.  A violation of section 543D.18A, subsection 1.
  6 23    c.  A violation of section 543D.20, subsection 1.
  6 24    d.  Fraud, deceit, or deception, through act or omission,
  6 25 in connection with an application for certification or
  6 26 registration under this chapter.
  6 27    5.  The board, before issuing an order under this section,
  6 28 shall provide the person written notice and the opportunity to
  6 29 request a hearing.  The hearing must be requested within
  6 30 thirty days after receipt of the notice and shall be conducted
  6 31 in the same manner as provided for disciplinary proceedings
  6 32 involving a licensee under this chapter.
  6 33    6.  A person aggrieved by the imposition of a civil penalty
  6 34 under this section may seek judicial review pursuant to
  6 35 section 17A.19.
  7  1    7.  If a person fails to pay a civil penalty within thirty
  7  2 days after entry of an order imposing the civil penalty, or if
  7  3 the order is stayed pending an appeal, within ten days after
  7  4 the court enters a final judgment in favor of the board, the
  7  5 board shall notify the attorney general.  The attorney general
  7  6 may commence an action to recover the amount of the penalty,
  7  7 including reasonable attorney fees and costs.
  7  8    8.  An action to enforce an order under this section may be
  7  9 joined with an action for an injunction.
  7 10
  7 11
  7 12                                                             
  7 13                               JOHN P. KIBBIE
  7 14                               President of the Senate
  7 15
  7 16
  7 17                                                             
  7 18                               PATRICK J. MURPHY
  7 19                               Speaker of the House
  7 20
  7 21    I hereby certify that this bill originated in the Senate and
  7 22 is known as Senate File 137, Eighty=second General Assembly.
  7 23
  7 24
  7 25                                                             
  7 26                               MICHAEL E. MARSHALL
  7 27                               Secretary of the Senate
  7 28 Approved                , 2007
  7 29
  7 30
  7 31                                
  7 32 CHESTER J. CULVER
  7 33 Governor