Senate File 288 - Introduced



                                       SENATE FILE       
                                       BY  HATCH


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the registration of residential real estate
  2    appraisers and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2703SS 81
  5 jr/cf/24

PAG LIN



  1  1    Section 1.  Section 543B.5, Code 2005, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  18A.  "Residential real estate appraiser"
  1  4 means a person who, for a fee, provides an analysis, opinion,
  1  5 or conclusion relating to the nature, quality, value, or
  1  6 utility of specified interests in, or aspects of, identified
  1  7 residential real estate.
  1  8    Sec. 2.  Section 543B.30, Code 2005, is amended to read as
  1  9 follows:
  1 10    543B.30  ACTIONS == LICENSE OR REGISTRATION AS
  1 11 PREREQUISITE.
  1 12    A person engaged in the business or acting in the capacity
  1 13 of a real estate broker, or a real estate salesperson, or a
  1 14 residential real estate appraiser within this state shall not
  1 15 bring or maintain any action in the courts of this state for
  1 16 the collection of compensation for services performed as a
  1 17 real estate broker, or salesperson, or a residential real
  1 18 estate appraiser without alleging and proving that the person
  1 19 was a duly licensed real estate broker or real estate
  1 20 salesperson, or registered as a residential real estate
  1 21 appraiser at the time the alleged cause of action arose.
  1 22    Sec. 3.  NEW SECTION.  543B.55A  REGISTRATION OF
  1 23 RESIDENTIAL REAL ESTATE APPRAISERS.
  1 24    1.  As a condition of doing business in this state, a
  1 25 residential real estate appraiser shall register with the
  1 26 commission on a biennial basis.
  1 27    2.  The registration application shall be in the form
  1 28 prescribed by the commission and shall be accompanied by a
  1 29 registration fee set by rule in an amount calculated to offset
  1 30 the cost of the registration.  The application shall contain
  1 31 information which is substantially complete and accurate,
  1 32 including the name, principal place of business, address, and
  1 33 telephone number of the appraiser.
  1 34    3.  This registration requirement shall not apply to a
  1 35 county assessor, a financial institution making real estate
  2  1 valuations for its own internal lending purposes, a licensed
  2  2 real estate broker, licensed broker associate, or a licensed
  2  3 real estate salesperson who provides valuation services for
  2  4 the listing and sale of property.
  2  5    Sec. 4.  NEW SECTION.  543B.55B  PROHIBITION AGAINST
  2  6 INFLATED APPRAISALS.
  2  7    1.  The commission may revoke a registration or impose an
  2  8 administrative penalty if a residential real estate appraiser
  2  9 subject to section 543B.55A provides an appraisal that
  2 10 inflates the value of the property being appraised, if the
  2 11 appraiser knew or should have known the true value of the
  2 12 property.  Prior to final action, the commission shall provide
  2 13 the appraiser an opportunity for a contested case hearing
  2 14 under chapter 17A.
  2 15    2.  An administrative penalty imposed under this section
  2 16 shall be not more than five hundred dollars in the case of a
  2 17 first violation and not more than five thousand dollars for
  2 18 each violation in the case of a second or subsequent
  2 19 violation.  All administrative penalties collected pursuant to
  2 20 this chapter shall be deposited in the general fund of the
  2 21 state.
  2 22    3.  The commission shall report any action under this
  2 23 section to the real estate appraiser examining board.
  2 24    Sec. 5.  Section 543D.17, subsection 1, paragraph f, Code
  2 25 2005, is amended to read as follows:
  2 26    f.  Negligence, or incompetence, or providing an inflated
  2 27 appraisal as described in section 543B.55B, subsection 1, in
  2 28 developing an appraisal, in preparing an appraisal report, or
  2 29 in communicating an appraisal.
  2 30                           EXPLANATION
  2 31    This bill requires that as a condition of doing business in
  2 32 Iowa, a residential real estate appraiser must register, on a
  2 33 biennial basis, with the real estate commission.  The
  2 34 commission may revoke a registration or impose an
  2 35 administrative penalty if a residential real estate appraiser
  3  1 provides an appraisal which inflates the value of the
  3  2 property, if the appraiser knew or should have known the true
  3  3 value of the property.  The bill also adds the provision of
  3  4 such an inflated appraisal as a ground for the revocation of
  3  5 appraiser certification by the real estate appraiser examining
  3  6 board.
  3  7    Current law provides for a voluntary certification process
  3  8 for real estate appraisers administered by the real estate
  3  9 appraiser examining board under Code chapter 543D.
  3 10 LSB 2703SS 81
  3 11 jr:rj/cf/24.1