Iowa 2021-2022 Regular Session Status: Enacted

HF 682 — A bill for an act relating to the Iowa appraisal standards and appraiser certification law, making penalties applicable, and including applicability provisions. (Formerly HSB 176.) Effective date: 07/01/2021. Applicability date: 07/01/2021.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2021. Enacted.

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Where this bill stands today.

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Bill Text

What changed in the latest version

230 added · 248 removed

230 line(s) added, 248 removed.

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Kim Reynolds O f f i c e o f t h e G o v e r n o r A d a m G r e g g G O V E R N O R L T G O V E R N O R June8,2021 The Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines,Iowa 50319 DearMr.Secretary, Iherebytransmit;
House File 682 - Enrolled House File 682 AN ACT RELATING TO THE IOWA APPRAISAL STANDARDS AND APPRAISER CERTIFICATION LAW, MAKING PENALTIES APPLICABLE, AND INCLUDING APPLICABILITY PROVISIONS.
HouseFile682,anActrelatingtotheIowaAppraisalStandardsand AppraiserCertification Law,makingpenaltiesapplicable,andincludingapplicabilityprovisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TheaboveHouseFileisherebyapprovedonthisdate.
Sincerely, K i m R l Governor ofI<^ cc:
SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,I O W A 50319 515.281.5211 FAX 515.725.35WWW.GOVERNOR.IOWA.GOV MAlNTAt/tf hi!i !)i ti!i ni !i gi !i Di !i gtnini Ei nm»ini uini !i H o u s e F i l e 6 8 2 A N A C T R E L A T I N G T O T H E I O W A A P P R A I S A L S T A N D A R D S A N D A P P R A I S E R CERTIFICATION L A W , MAKING PENALTIES APPLICABLE, AND I N C L U D I N G A P P L I C A B I L I T Y P R O V I S I O N S .
B E I T E N A C T E D B Y T H E G E N E R A L A S S E M B L Y O F T H E S T A T E O F I O W A :
Section 543D.1, Code 2021, is amended to read as f o l l o w s :
Section 543D.1, Code 2021, is amended to read as follows:
4 3 D .
543D.1 Short title.
1 S h o r t t i t l e .
This chapter shall be known and may be cited as the “Iowa Voluntary Appraisal Standards and Appraiser Certification Law”.
This chapter shall be known and may be cited as the "^lowa Voluntary Appraisal Standards and Appraiser Certification Law"^.
NEW SUBSECTION.
NEW SUBSECTION .
"^Appraisal review" means developing and communicating an opinion under the uniform standards of professional appraisal practice review standards regarding the quality of an appraiser's work product, with or without also providing an opinion of value, prepared as part of an appraisal assignment.
“Appraisal review” means developing and communicating an opinion under the uniform standards of professional appraisal practice review standards regarding the quality of an appraiser’s work product, with or without also providing an opinion of value, prepared as part of an appraisal assignment.
"^Appraisal review" does not include quality control solely to assure an appraisal report is complete, or to correct grammatical, typographical, or similar errors.
“Appraisal review” does not include quality control solely to assure an appraisal report is complete, or to correct grammatical, typographical, or similar errors.
2 NEW SUBSECTION.
2 NEW SUBSECTION .
BA.
8A.
"^Federally related transaction" means any financial transaction related to real estate which a federal financial institutions regulatory agency engages in, contracts for, or regulates, and which requires the services of an appraiser pursuant to federally related transaction regulations.
“Federally related transaction” means any financial transaction related to real estate which a federal financial institutions regulatory agency engages in, contracts for, or regulates, and which requires the services of an appraiser pursuant to federally related transaction regulations.
NEW SUBSECTION.
NEW SUBSECTION .
SB.
8B.
^Federally related transaction regulations" means regulations established by the comptroller of the currency, the board of governors of the federal reserve system, the federal deposit insurance corporation, or the national credit union administration pursuant to sections 1112, 1113, and 1114 of Tit.
“Federally related transaction regulations” means regulations established by the comptroller of the currency, the board of governors of the federal reserve system, the federal deposit insurance corporation, or the national credit union administration pursuant to sections 1112, 1113, and 1114 of Tit.
§3341 — 3343.
§3341 – 3343.
Section 543D.2, subsection 9, Code 2021, is amended t o r e aa sf o l l o w s :
Section 543D.2, subsection 9, Code 2021, is amended to read as follows:
"^Review appraiser" means a person who is responsible for the administrative approval of the appraised value of real property or assures that appraisal reports conform to the requirGmcnts of law and policy, or that the value of real property estimated by appraisers represents adequate security^ fair market value, or other defined value conducting an appraisal review.
“Review appraiser” means a person who is responsible for the administrative approval of the appraised value of real property or assures that appraisal reports conform to the requirements of law and policy, or that the value of real property estimated by appraisers represents adequate security, fair market value, or other defined value conducting an appraisal review.
Section 543D.3, Code 2021, is amended to read as f o l l o w s :
Section 543D.3, Code 2021, is amended to read as follows:
lA.
1A.
Ilowovor, an employee of the state department of transportation whose duties include appraisals of property pursuant to chapter 6B must be a certified real estate appraiser under this chapter or a registered associate real estate appraiser acting under the direct supervision of a certified real estate appraiser.
However, an employee of the state department of transportation whose duties include appraisals of property pursuant to chapter 6B must be a certified real estate appraiser under this chapter or a registered associate real estate appraiser acting under the direct supervision of a certified real estate appraiser.
Notwithstanding this subsection, in connection with the performance of an appraisal of real estate located in this state, the use of the title ^"certified real estate appraiser", ^associate real estate appraiser", or any other like title, including a title that suggests an individual is certified under the laws of this or another state, shall only be used to refer to or by individuals who hold a certificate or registration under this chapter.
Notwithstanding this subsection, in connection with the performance of an appraisal of real estate located in this state, the use of the title “certified real estate appraiser”, “associate real estate appraiser”, or any other like title, including a title that suggests an individual is certified under the laws of this or another state, shall only be used to refer to or by individuals who hold a certificate or registration under this chapter.
An employee of the state department of transportation whose duties include appraisals of property pursuant to chapter SB must be a certified real estate appraiser under this chapter or a registered associate real estate appraiser acting under the direct supervision of a certified real estate appraiser.
An employee of the state department of transportation whose duties include appraisals of property pursuant to chapter 6B must be a certified real estate appraiser under this chapter or a registered associate real estate appraiser acting under the direct supervision of a certified real estate appraiser.
5 .
5.
Section 543D.11, Code 2021, is amended to read as f o l l o w s ;
Section 543D.11, Code 2021, is amended to read as follows:
4 estate appraiser upon terms and conditions as determined by the b o a r d .
4 estate appraiser upon terms and conditions as determined by the board.
Section 543D.15, subsection 1 , Code 2021, is amended t or e a a sf o l l o w s :
Section 543D.15, subsection 1, Code 2021, is amended to read as follows:
a_^ The term "^certified real estate appraiser" title '^certified real estate appraiser", "associate real estate appraiser^^, or any other like title shall only be used to refer to individuals who hold the certificate or registration, as applicable, and shall not be used in connection with or as part of the name or signature of a firm, partnership, corporation, or group, or in a manner that it may be interpreted as referring to a firm, partnership, corporation, group, other business entity, or anyone other than an individual holder of the certificate or registration.
a.
The term “certified real estate appraiser” title “certified real estate appraiser”, “associate real estate appraiser”, or any other like title shall only be used to refer to individuals who hold the certificate or registration, as applicable, and shall not be used in connection with or as part of the name or signature of a firm, partnership, corporation, or group, or in a manner that it may be interpreted as referring to a firm, partnership, corporation, group, other business entity, or anyone other than an individual holder of the certificate or registration .
In connection with an appraisal assignment performed on real estate located in this state, the title ^^certified real estate appraiser^% "associate real estate appraiser^\ or any other like title, including a title that suggests an individual is licensed or certified under the laws of this state or another state, shall only be used to refer to individuals who hold a certificate or registration under this chapter.
In connection with an appraisal assignment performed on real estate located in this state, the title “certified real estate appraiser”, “associate real estate appraiser”, or any other like title, including a title that suggests an individual is licensed or certified under the laws of this state or another state, shall only be used to refer to individuals who hold a certificate or registration under this chapter.
Section 543D.20, subsection 5, Code 2021, is amended t or e aa s f o l l o w s :
Section 543D.20, subsection 5, Code 2021, is amended to read as follows:
Notwithstanding this subsection, in connection with the performance, or assistance in the performance, of an appraisal of real estate located in this state, the use of the title "associate real estate appraiser" or any other like title, including a title that suggests an individual is an associate real estate appraiser under the laws of this state or another state, shall only be used to refer to individuals who hold a registration under this chapter.
Notwithstanding this subsection, in connection with the performance, or assistance in the performance, of an appraisal of real estate located in this state, the use of the title “associate real estate appraiser” or any other like title, including a title that suggests an individual is an associate real estate appraiser under the laws of this state or another state, shall only be used to refer to individuals who hold a registration under this chapter.
Section 543D.21, subsection 4, Code 2021, is amended by adding the following new paragraph;
Section 543D.21, subsection 4, Code 2021, is amended by adding the following new paragraph:
NEW PARAGRAPH.
NEW PARAGRAPH .
Oa.
0a.
A violation of section 543D.3, subsections l A , 2 , or 3.
A violation of section 543D.3, subsections 1A, 2, or 3.
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Section 543D.21, subsection 4, paragraph c.
Section 543D.21, subsection 4, paragraph c, Code 2021, is amended to read as follows:
Code 2021, is amended to read as follows:
A violation of section 543D.20, subsection 1 or 5.
A violation of section 543D.20, subsection 1 or 5 .
1 0 .
10.
Section 543D.22, subsections 1 and 3 , Code 2021, a r a m e n dt or e aa sf o l l o w s :
Section 543D.22, subsections 1 and 3, Code 2021, are amended to read as follows:
The Subject to paragraphs and the board may require a national criminal history check through the federal bureau of investigation for applicants for certification or registration, or for persons certified or registered-?- under this chapter^ if needed for credibility, to comply with federal law or regulation, or the policies of the appraisal qualification board of the appraisal foundation.
a.
The Subject to paragraphs “b” and “c”, the board may require a national criminal history check through the federal bureau of investigation for applicants for certification or registration, or for persons certified or registered, under this chapter, if needed for credibility, to comply with federal law or regulation, or the policies of the appraisal qualification board of the appraisal foundation.
By signing and submitting to the board a statement declaring that there have been no changes to the applicant's criminal history since the date of the waiver specified House Pile 682, p.
By signing and submitting to the board a statement declaring that there have been no changes to the applicant’s criminal history since the date of the waiver specified House File 682, p.
6 in subsection 4, and that there are no active or pending complaints in any state against the applicant, any of the following individuals may seek a waiver of the board's requirement to undergo a national criminal history check:
6 in subsection 4, and that there are no active or pending complaints in any state against the applicant, any of the following individuals may seek a waiver of the board’s requirement to undergo a national criminal history check:
Tbe Subject to paragraphs '^b" and , the board may also request and obtain, notwithstanding section 692.2, subsection 5, criminal history data for applicants, certificate holders, and registrants.
a.
A request for criminal history data shall be submitted to the department of public safety, division of criminal investigation, pursuant to section 692.2, subsection 1 .
The Subject to paragraphs “b” and “c”, the board may also request and obtain, notwithstanding section 692.2, subsection 5, criminal history data for applicants, certificate holders, and registrants.
A request for criminal history data shall be submitted to the department of public safety, division of criminal investigation, pursuant to section 692.2, subsection 1.
By signing and submitting to the board a statement declaring that there have been no changes to the applicant's criminal history data since the date of the waiver specified in subsection 4, and that there are no active or pending complaints in any state against the applicant, any of the following individuals may seek a waiver of the board^s request to obtain criminal history data;
By signing and submitting to the board a statement declaring that there have been no changes to the applicant’s criminal history data since the date of the waiver specified in subsection 4, and that there are no active or pending complaints in any state against the applicant, any of the following individuals may seek a waiver of the board’s request to obtain criminal history data:
7 real estate appraiser examining board on or after the effective d a t e o f t h i s A c t :
7 real estate appraiser examining board on or after the effective date of this Act:
The^section of this Act amending section 543D.22.
The section of this Act amending section 543D.22.
P A T G R A S S L E Y JARS' CHAPMAN Speaker of the House P r e s i d e n t o f t h e S e n a t e I hereby certify that this bill originated in the House and is known as House File 682, Eighty-ninth General Assembly.
______________________________ ______________________________ PAT GRASSLEY JAKE CHAPMAN Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 682, Eighty-ninth General Assembly.
MEjSHAN NELSON C b i e f C l e r k o f t h e H o u s e Approved 2 0 2 1 .
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2021 ______________________________ KIM REYNOLDS Governor
K I M R E Y N O L G o v e r n o r
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Amendments

4 amendments

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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by Speaker and President, and sent to Governor.

  3. Explanation of vote.

  4. Explanation of vote.

  5. Explanation of vote.

  6. Message from House.

  7. Immediate message.

  8. Passed House, yeas 86, nays none.

  9. House concurred in Senate amendment H-1427.

  10. Senate amendment H-1427 filed.

  11. Message from Senate.

  12. Immediate message.

  13. Passed Senate, yeas 48, nays 0.

  14. Amendments S-3116 and S-3150 adopted.

  15. Amendment S-3150 filed.

  16. Placed on calendar under unfinished business.

  17. Amendment S-3116 filed.

  18. Committee report, recommending amendment and passage.

  19. Subcommittee recommends passage.

  20. Subcommittee Meeting: 03/31/2021 2:00PM RM 111.

  21. Subcommittee: R. Smith, Boulton, and Cournoyer.

  22. Read first time, referred to State Government.

  23. Message from House.

  24. Immediate message.

  25. Passed House, yeas 97, nays none.

  26. Amendment H-1147 adopted.

  27. Amendment H-1147 filed.

  28. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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This bill has been enacted into law. Introduced February 24, 2021. Enacted.
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