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