House
File
682
-
Introduced
HOUSE
FILE
682
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HSB
176)
A
BILL
FOR
An
Act
relating
to
the
Iowa
appraisal
standards
and
appraiser
1
certification
law
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
543D.1,
Code
2021,
is
amended
to
read
as
1
follows:
2
543D.1
Short
title.
3
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
4
Voluntary
Appraisal
Standards
and
Appraiser
Certification
Law”
.
5
Sec.
2.
Section
543D.2,
Code
2021,
is
amended
by
adding
the
6
following
new
subsections:
7
NEW
SUBSECTION
.
4A.
“Appraisal
review”
means
developing
8
and
communicating
an
opinion
under
the
uniform
standards
of
9
professional
appraisal
practice
review
standards
regarding
the
10
quality
of
an
appraiser’s
work
product,
with
or
without
also
11
providing
an
opinion
of
value,
prepared
as
part
of
an
appraisal
12
assignment.
“Appraisal
review”
does
not
include
quality
control
13
solely
to
assure
an
appraisal
report
is
complete,
or
to
correct
14
grammatical,
typographical,
or
similar
errors.
15
NEW
SUBSECTION
.
8A.
“Federally
related
transaction”
means
16
any
financial
transaction
related
to
real
estate
which
a
17
federal
financial
institutions
regulatory
agency
engages
in,
18
contracts
for,
or
regulates,
and
which
requires
the
services
19
of
an
appraiser
pursuant
to
federally
related
transaction
20
regulations.
21
NEW
SUBSECTION
.
8B.
“Federally
related
transaction
22
regulations”
means
regulations
established
by
the
comptroller
23
of
the
currency,
the
board
of
governors
of
the
federal
reserve
24
system,
the
federal
deposit
insurance
corporation,
or
the
25
national
credit
union
administration
pursuant
to
sections
1112,
26
1113,
and
1114
of
Tit.
XI
of
the
federal
Financial
Institutions
27
Reform,
Recovery,
and
Enforcement
Act,
12
U.S.C.
§3341
–
3343.
28
Sec.
3.
Section
543D.2,
subsection
9,
Code
2021,
is
amended
29
to
read
as
follows:
30
9.
“Review
appraiser”
means
a
person
who
is
responsible
31
for
the
administrative
approval
of
the
appraised
value
of
32
real
property
or
assures
that
appraisal
reports
conform
to
33
the
requirements
of
law
and
policy,
or
that
the
value
of
real
34
property
estimated
by
appraisers
represents
adequate
security,
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fair
market
value,
or
other
defined
value
conducting
an
1
appraisal
review
.
2
Sec.
4.
Section
543D.3,
Code
2021,
is
amended
to
read
as
3
follows:
4
543D.3
Purposes.
5
1.
The
purpose
of
this
chapter
is
to
establish
standards
6
for
real
estate
appraisals
and
a
procedure
for
the
mandatory
7
certification
of
real
estate
appraisers
performing
appraisals
8
for
federally
related
transactions,
the
voluntary
certification
9
of
real
estate
appraisers
performing
appraisals
not
related
to
10
federally
related
transactions,
and
the
mandatory
registration
11
of
associate
real
estate
appraisers.
12
1A.
A
person
who
performs
an
appraisal,
other
than
an
13
appraisal
review,
for
a
federally
related
transaction
as
14
it
relates
to
real
estate
located
in
this
state
must
be
15
a
certified
real
estate
appraiser
under
this
chapter
or
a
16
registered
associate
real
estate
appraiser
acting
under
the
17
direct
supervision
of
a
certified
real
estate
appraiser
if
the
18
services
of
a
certified
real
estate
appraiser
are
required
by
19
federal
law
or
regulation.
20
2.
A
person
who
is
not
a
certified
real
estate
appraiser
21
under
this
chapter
may
appraise
real
estate
for
compensation
if
22
certification
is
not
required
by
this
chapter
or
by
federal
or
23
state
law,
rule,
or
policy.
However,
an
employee
of
the
state
24
department
of
transportation
whose
duties
include
appraisals
25
of
property
pursuant
to
chapter
6B
must
be
a
certified
real
26
estate
appraiser
under
this
chapter
or
a
registered
associate
27
real
estate
appraiser
acting
under
the
direct
supervision
28
of
a
certified
real
estate
appraiser.
Notwithstanding
this
29
subsection,
in
connection
with
the
performance
of
an
appraisal
30
of
real
estate
located
in
this
state,
the
use
of
the
title
31
“certified
real
estate
appraiser”,
“associate
real
estate
32
appraiser”,
or
any
other
like
title,
including
a
title
that
33
suggests
an
individual
is
certified
under
the
laws
of
this
or
34
another
state,
shall
only
be
used
to
refer
to
or
by
individuals
35
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who
hold
a
certificate
or
registration
under
this
chapter.
1
3.
An
employee
of
the
state
department
of
transportation
2
whose
duties
include
appraisals
of
property
pursuant
to
chapter
3
6B
must
be
a
certified
real
estate
appraiser
under
this
chapter
4
or
a
registered
associate
real
estate
appraiser
acting
under
5
the
direct
supervision
of
a
certified
real
estate
appraiser.
6
Sec.
5.
Section
543D.11,
Code
2021,
is
amended
to
read
as
7
follows:
8
543D.11
Certification
by
reciprocity.
9
1.
If,
in
the
determination
by
the
board,
another
state
10
is
deemed
to
have
substantially
equivalent
certification
11
requirements,
an
applicant
who
is
certified
under
the
laws
of
12
the
other
state
may
obtain
a
certificate
as
a
certified
real
13
estate
appraiser
upon
terms
and
conditions
as
determined
by
the
14
board.
15
2.
The
board
may
recognize
on
a
temporary
basis
the
16
certification
or
license
of
an
appraiser
issued
by
another
17
state,
including
where
the
property
to
be
appraised
is
part
18
of
a
federally
related
transaction.
An
appraiser
engaging
in
19
such
temporary
practice
shall
apply
for
and
obtain
a
temporary
20
practice
permit
from
the
board
before
performing
any
services
21
in
relation
to
an
appraisal,
is
subject
to
the
full
regulatory
22
jurisdiction
of
the
board,
and
is
governed
by
the
laws
and
23
rules
administered
by
the
board.
24
Sec.
6.
Section
543D.15,
subsection
1,
Code
2021,
is
amended
25
to
read
as
follows:
26
1.
a.
The
term
“certified
real
estate
appraiser”
title
27
“certified
real
estate
appraiser”,
“associate
real
estate
28
appraiser”,
or
any
other
like
title
shall
only
be
used
to
refer
29
to
individuals
who
hold
the
certificate
or
registration,
as
30
applicable,
and
shall
not
be
used
in
connection
with
or
as
part
31
of
the
name
or
signature
of
a
firm,
partnership,
corporation,
32
or
group,
or
in
a
manner
that
it
may
be
interpreted
as
33
referring
to
a
firm,
partnership,
corporation,
group,
other
34
business
entity,
or
anyone
other
than
an
individual
holder
of
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the
certificate
or
registration
.
1
b.
In
connection
with
an
appraisal
assignment
performed
on
2
real
estate
located
in
this
state,
the
title
“certified
real
3
estate
appraiser”,
“associate
real
estate
appraiser”,
or
any
4
other
like
title,
including
a
title
that
suggests
an
individual
5
is
licensed
or
certified
under
the
laws
of
this
state
or
6
another
state,
shall
only
be
used
to
refer
to
individuals
who
7
hold
a
certificate
or
registration
under
this
chapter.
8
Sec.
7.
Section
543D.20,
subsection
5,
Code
2021,
is
amended
9
to
read
as
follows:
10
5.
Persons
who
appraise
real
estate
where
certification
is
11
not
required
by
this
chapter
or
by
federal
or
state
law,
rule,
12
or
policy,
and
who
are
not
assisting
a
certified
real
estate
13
appraiser
in
the
development
or
reporting
of
an
appraisal
14
assignment
that
is
required
by
this
chapter
,
or
by
federal
15
or
state
law,
rule,
or
policy
to
be
performed
by
a
certified
16
real
estate
appraiser,
are
not
required
to
register
with
the
17
board.
Notwithstanding
this
subsection,
in
connection
with
the
18
performance,
or
assistance
in
the
performance,
of
an
appraisal
19
of
real
estate
located
in
this
state,
the
use
of
the
title
20
“associate
real
estate
appraiser”
or
any
other
like
title,
21
including
a
title
that
suggests
an
individual
is
an
associate
22
real
estate
appraiser
under
the
laws
of
this
state
or
another
23
state,
shall
only
be
used
to
refer
to
individuals
who
hold
a
24
registration
under
this
chapter.
25
Sec.
8.
Section
543D.21,
subsection
4,
Code
2021,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
0a.
A
violation
of
section
543D.3,
28
subsections
1A,
2,
or
3.
29
Sec.
9.
Section
543D.21,
subsection
4,
paragraph
c,
Code
30
2021,
is
amended
to
read
as
follows:
31
c.
A
violation
of
section
543D.20,
subsection
1
or
5
.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
relates
to
the
Iowa
appraisal
standards
and
1
appraiser
certification
law.
2
Current
law
provides
that
Code
chapter
543D
shall
be
known
3
as
the
Iowa
voluntary
appraisal
standards
and
appraiser
4
certification
law.
The
bill
provides
that
Code
chapter
543D
5
shall
be
known
as
the
Iowa
appraisal
standards
and
appraiser
6
certification
law.
7
The
bill
defines
“appraisal
review”
as
developing
and
8
communicating
an
opinion
under
the
uniform
standards
of
9
professional
appraisal
practice
review
standards
regarding
10
the
quality
of
an
appraiser’s
work
product
prepared
as
part
11
of
an
appraisal
assignment.
The
bill
defines
“federally
12
related
transaction”
as
any
financial
transaction
related
to
13
real
estate
which
a
federal
financial
institutions
regulatory
14
agency
engages
in,
contracts
for,
or
regulates,
and
which
15
requires
the
services
of
an
appraiser
pursuant
to
federally
16
related
transaction
regulations.
The
bill
defines
“federally
17
related
transaction
regulations”
as
regulations
established
18
by
the
comptroller
of
the
currency,
the
board
of
governors
19
of
the
federal
reserve
system,
the
federal
deposit
insurance
20
corporation,
or
the
national
credit
union
administration
21
pursuant
to
sections
1112,
1113,
and
1114
of
Tit.
XI
of
22
the
federal
Financial
Institutions
Reform,
Recovery,
and
23
Enforcement
Act,
12
U.S.C.
§3341
–
3343.
The
bill
modifies
24
the
definition
of
“review
appraiser”
to
mean
a
person
who
is
25
responsible
for
conducting
an
appraisal
review.
26
The
bill
provides
that
the
purpose
of
Code
chapter
543D
is
27
to
establish
a
procedure
for
the
mandatory
certification
of
28
real
estate
appraisers
performing
appraisals
for
federally
29
related
transactions
and
voluntary
certification
of
real
estate
30
appraisers
performing
appraisals
that
are
not
related
to
31
federally
related
transactions.
32
The
bill
requires
a
person
to
be
a
certified
real
estate
33
appraiser
if
the
person
performs
an
appraisal
for
a
federally
34
related
transaction
as
it
relates
to
real
estate
located
in
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this
state.
Additionally,
the
bill
requires
a
person
who
1
is
a
registered
associate
real
estate
appraiser
to
be
under
2
the
direct
supervision
of
a
certified
real
estate
appraiser
3
if
the
person
performs
an
appraisal
for
a
federally
related
4
transaction
as
it
relates
to
real
estate
located
in
this
state,
5
and
if
the
services
of
a
certified
real
estate
appraiser
are
6
required
by
federal
law.
7
Current
law
provides
that
a
person
who
is
not
a
certified
8
real
estate
appraiser
may
appraise
real
estate
if
certification
9
is
not
required
by
Code
chapter
543D
or
any
other
state
or
10
federal
law.
The
bill
provides
that,
notwithstanding
that
11
provision,
in
connection
with
an
appraisal
of
real
estate
12
located
in
this
state,
the
title
certified
real
estate
13
appraiser,
associate
real
estate
appraiser,
or
any
other
14
similar
title
shall
only
be
used
by
an
individual
who
holds
a
15
certificate
or
registration
under
Code
chapter
543D.
16
The
bill
provides
that
the
real
estate
appraiser
examining
17
board
may
recognize
on
a
temporary
basis
the
certification
or
18
license
of
an
appraiser
issued
by
another
state.
An
appraiser
19
who
has
been
recognized
on
a
temporary
basis
is
required
to
20
apply
for
and
obtain
a
temporary
practice
permit
from
the
board
21
before
performing
any
services
related
to
an
appraisal
and
is
22
governed
by
the
laws
and
rules
administered
by
the
board.
23
The
bill
provides
that
the
title
certified
real
estate
24
appraiser,
associate
real
estate
appraiser,
or
any
similar
25
title
shall
only
be
used
to
refer
to
individuals
who
hold
26
the
appropriate
certificate
or
registration.
Additionally,
27
the
bill
provides
that,
in
connection
with
an
appraisal
28
assignment
performed
on
real
estate
located
in
this
state,
the
29
title
certified
real
estate
appraiser,
associate
real
estate
30
appraiser,
or
any
other
like
title
shall
only
be
used
to
refer
31
to
individuals
who
hold
a
certificate
or
registration
under
32
Code
chapter
543D.
33
Current
law
does
not
require
registration
with
the
board
34
of
those
who
appraise
real
estate
where
certification
is
not
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required
by
Code
chapter
543D
or
any
other
state
or
federal
1
law,
and
who
are
not
assisting
a
certified
real
estate
2
appraiser
in
the
development
of
an
appraisal
assignment
that
is
3
required
by
Code
chapter
543D
or
any
other
state
or
federal
law
4
to
be
performed
by
a
certified
real
estate
appraiser.
The
bill
5
provides
that,
notwithstanding
that
provision,
in
connection
6
with
an
appraisal
of
real
estate
located
in
this
state,
the
7
title
associate
real
estate
appraiser
or
any
other
similar
8
title
shall
only
be
used
to
refer
to
or
by
an
individual
who
9
holds
a
certificate
or
registration
under
Code
chapter
543D.
10
The
bill
authorizes
civil
penalties
against
a
person
who
is
11
not
certified
under
Code
chapter
543D
for
a
violation
of
Code
12
section
543D.3,
subsection
1A,
2,
or
3,
or
for
a
violation
of
13
Code
section
543D.20,
subsection
5.
The
maximum
civil
penalty
14
that
may
be
imposed
is
$1,000
for
each
violation.
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