HOUSE BILL NO. 453

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Bill Status



H0453...........................................................by BUSINESS
REAL ESTATE APPRAISERS - Amends existing law to revise disciplinary
proceeding provisions relating to licensed and certified real estate
appraisers; and to revise fee provisions.

02/01    House intro - 1st rdg - to printing
02/04    Rpt prt - to Bus
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 60-7-3
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart,
      Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Ruchti, Rusche,
      Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively,
      Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas,
      Trail, Vander Woude, Wills, Wood(27)
      NAYS -- Barrett, Harwood, Marriott, McGeachin, Mortimer, Roberts,
      Wood(35)
      Absent and excused -- Durst, Mathews, Mr. Speaker
    Floor Sponsor - Black
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Com/HuRes
02/29    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
      Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Broadsword, Gannon, Siddoway
    Floor Sponsor - Cameron
    Title apvd - to House
03/10    To enrol
03/11    Rpt enrol - Sp signed
03/12    Pres signed - To Governor
03/14    Governor signed
         Session Law Chapter 108
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 453

                                   BY BUSINESS COMMITTEE

  1                                        AN ACT
  2    RELATING TO REAL ESTATE APPRAISERS; AMENDING SECTION 54-4107, IDAHO  CODE,  TO
  3        REVISE  DISCIPLINARY PROCEEDING PROVISIONS RELATING TO LICENSED AND CERTI-
  4        FIED REAL ESTATE APPRAISERS AND TO MAKE A TECHNICAL CORRECTION; AND AMEND-
  5        ING SECTION 54-4113, IDAHO CODE, TO  REVISE  FEE  PROVISIONS  RELATING  TO
  6        EXAMINATIONS AND REEXAMINATIONS FOR LICENSES AND CERTIFICATES.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION  1.  That  Section 54-4107, Idaho Code, be, and the same is hereby
  9    amended to read as follows:

 10        54-4107.  DISCIPLINARY PROCEEDINGS. (1) The board  shall  upon  a  written
 11    sworn  complaint  or  may  upon  its own motion investigate the actions of any
 12    state licensed or certified real estate appraiser and  may  refuse  to  issue,
 13    refuse to renew or may suspend, or revoke or otherwise sanction any license or
 14    certificate issued under this chapter for any of the following:
 15        (a)  Procuring  licensure  or  certification  pursuant  to this chapter by
 16        knowingly making a false statement, submitting false information, refusing
 17        to provide complete information in response to a question in  an  applica-
 18        tion  for  licensure or certification or through any form of fraud or mis-
 19        representation;
 20        (b)  Being convicted of a felony;
 21        (c)  Making any substantial misrepresentation, false promises or false  or
 22        fraudulent representation;
 23        (d)  Violating the provisions of this chapter or any rules of the board;
 24        (e)  Being  negligent  or incompetent, as defined in the uniform standards
 25        of professional appraisal practices, in developing an appraisal,  in  pre-
 26        paring an appraisal report or in communicating an appraisal;
 27        (f)  Accepting  an  appraisal assignment when the employment is contingent
 28        upon the licensed or certified appraiser reporting a  predetermined  esti-
 29        mate,  analysis or opinion, or where the fee to be paid is contingent upon
 30        the opinion, conclusion, or valuation reached, or  upon  the  consequences
 31        resulting from the appraisal assignment;
 32        (g)  Violating the confidential nature of governmental records to which he
 33        gained access through employment as a licensed or certified appraiser by a
 34        governmental agency;
 35        (h)  Entering into an agreement to perform specialized services for a con-
 36        tingent  fee,  and  failing to clearly state this fact in each written and
 37        oral report; or
 38        (i)  Failing as a state licensed or certified  real  estate  appraiser  to
 39        actively  and  personally  supervise  any person not licensed or certified
 40        under the provisions of this chapter, who assists said state  licensed  or
 41        certified appraiser in performing real estate appraisals; or
 42        (j)  Having had a license or certificate to practice revoked, suspended or
 43        otherwise sanctioned by any other state.

                                       2

  1        (2)  The  board,  or  its  duly  appointed hearing officer, shall have the
  2    power in any disciplinary proceeding under this chapter, to administer  oaths,
  3    take  depositions  of witnesses within or without the state in the manner pro-
  4    vided by law in civil cases, and may apply to any district court of this state
  5    for a subpoena to require the attendance of such witnesses and the  production
  6    of  such books, records and papers as it deems necessary. The fees and mileage
  7    of the witnesses shall be the same as that allowed in the district  courts  in
  8    civil  cases, which fees and mileage shall be paid in the same manner as other
  9    expenses of the board are paid. In any case of disobedience to, or neglect of,
 10    any subpoena or subpoena duces tecum served upon any person, or the refusal of
 11    any witness to testify to any matter regarding which he may lawfully be inter-
 12    rogated, it shall be the duty of any district court in this state on  applica-
 13    tion  by  the  board to compel compliance with the subpoena by proceedings for
 14    contempt, as in the case of disobedience of the  requirements  of  a  subpoena
 15    issued  from  such court or for refusal to testify therein. The state licensed
 16    or certified person accused in such proceedings shall have the same  right  of
 17    subpoena.
 18        (3)  Except  as  otherwise provided in this chapter, all proceedings under
 19    this chapter shall be in accordance with the  administrative  procedures  act,
 20    chapter 52, title 67, Idaho Code.

 21        SECTION  2.  That  Section 54-4113, Idaho Code, be, and the same is hereby
 22    amended to read as follows:

 23        54-4113.  FEES -- ISSUANCE  OF  LICENSES  OR  CERTIFICATES.  Every  person
 24    applying  for  examination for a license or certificate or reexamination under
 25    this chapter shall pay a fee of not to  exceed  three  hundred  fifty  dollars
 26    ($350)  to the bureau of occupational licenses. In case the applicant fails to
 27    qualify, said fee shall be retained by  the  bureau  to  cover  the  necessary
 28    expenses  of  said examination equal to that charged by the national examining
 29    entity. If the result of the examination of any applicant shall  be  satisfac-
 30    tory to the board, under its rules, it shall issue to such applicant a license
 31    or certificate setting forth the fact that he is a state licensed or certified
 32    real estate appraiser and authorized to practice his profession in this state.
 33    The fee for reexamination shall not exceed two hundred dollars ($200). The fee
 34    for  obtaining  a  license or certificate under the provisions of this chapter
 35    shall be an amount not to exceed five hundred dollars ($500). The  annual  fee
 36    for  renewal  or  reinstatement of a license or certificate shall be an amount
 37    not to exceed five hundred dollars ($500), which shall be paid to the  bureau.
 38    The board shall adopt all fees by rule.
 39        In  addition  to  those  fees  described above, the board may collect from
 40    applicants for licensure or certification and holders  of  state  licenses  or
 41    certificates of appraisal and remit to the appropriate agency or instrumental-
 42    ity  of the federal government, any additional fees as may be required to ren-
 43    der Idaho state licensed residential, certified residential and  general  real
 44    estate appraisers eligible to perform appraisals in connection with federally-
 45    related transactions.

Statement of Purpose / Fiscal Impact


                                
                       STATEMENT OF PURPOSE

                             RS 17366

This bill will add consideration of a disciplinary action of a real
estate appraiser licensee in another state as grounds for
discipline and add the right to refuse to issue or renew a license
under disciplinary proceedings in order to protect the public. 
This bill will also allow that examination fees be paid directly to
the test administrator by the applicants.



                           FISCAL NOTE

There is no fiscal impact on General or dedicated funds as all fees
collected in the past were passed onto the test administrator.




Contact
Name: TANA CORY, Bureau of Occupational Licenses 
Phone: (208) 334-3233



STATEMENT OF PURPOSE/FISCAL NOTE                         H 453   


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