2002 Legislation
Print Friendly

HOUSE BILL NO. 427 – Real estate apprsr/lcns/ITD exmpt

HOUSE BILL NO. 427

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0427.........................................by TRANSPORTATION AND DEFENSE
REAL ESTATE APPRAISERS - Amends existing law to provide an exception to
mandatory real estate appraiser licensure or certification for employees or
agents of the Idaho Transportation Department when making value estimates
of property or for just compensation valued at ten thousand dollars or
less; to provide for review of the estimate by a state certified general
real estate appraiser; to provide that the property owner shall be provided
with a copy of the estimate; and to provide that the property owner shall
be informed of the right to request a certified appraisal.
                                                                        
01/15    House intro - 1st rdg - to printing
01/16    Rpt prt - to Transp
01/23    Rpt out - rec d/p - to 2nd rdg
01/24    2nd rdg - to 3rd rdg
01/28    3rd rdg - PASSED - 69-0-1
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
      Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
      Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz,
      Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
      Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
      Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
      Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
      Wheeler, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Wood
    Floor Sponsor - Roberts
    Title apvd - to Senate
01/29    Senate intro - 1st rdg - to Transp
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
      Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Geddes, Richardson
    Floor Sponsor - Marley
    Title apvd - to House
02/12    To enrol
02/13    Rpt enrol - Sp signed
02/14    Pres signed
02/15    To Governor
02/19    Governor signed
         Session Law Chapter 31
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 427
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO REAL ESTATE APPRAISERS ACT;  AMENDING  SECTION  54-4105,
  3        IDAHO  CODE,  TO PROVIDE AN EXCEPTION TO MANDATORY LICENSURE OR CERTIFICA-
  4        TION FOR EMPLOYEES OR AGENTS OF THE IDAHO TRANSPORTATION  DEPARTMENT  WHEN
  5        MAKING  VALUE ESTIMATES OF PROPERTY OR FOR JUST COMPENSATION VALUED AT TEN
  6        THOUSAND DOLLARS OR LESS, TO PROVIDE FOR REVIEW OF THE ESTIMATE BY A STATE
  7        CERTIFIED GENERAL REAL ESTATE APPRAISER,  TO  PROVIDE  THAT  THE  PROPERTY
  8        OWNER  SHALL  RECEIVE A COPY OF THE ESTIMATE AND TO PROVIDE THAT THE PROP-
  9        ERTY OWNER  SHALL  BE  INFORMED  OF  THE  RIGHT  TO  REQUEST  A  CERTIFIED
 10        APPRAISAL.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Section 54-4105, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        54-4105.  EXCEPTIONS. (1) The provisions of this chapter do  not  restrict
 15    the  right to use the term "appraiser," provided that such term is not used in
 16    a manner that creates the impression of certification by the state of Idaho to
 17    perform real estate appraisals other than ad valorem tax appraisals.  However,
 18    nothing in this chapter shall entitle a state licensed or state certified real
 19    estate appraiser to appraise real estate for ad valorem tax purposes unless he
 20    has first been certified by the Idaho state tax commission pursuant to section
 21    63-105A(17), Idaho Code.
 22        (2)  The  provisions  of  this  chapter shall not apply to a licensed real
 23    estate broker, associate broker or salesperson who, in the ordinary course  of
 24    his business gives an opinion of the price of real estate for the purpose of a
 25    prospective listing or sale, provided that such person does not represent him-
 26    self as being a state licensed or certified real estate appraiser.
 27        (3)  The  provisions of this chapter shall not prohibit a real estate bro-
 28    ker or associate broker licensed under chapter 20, title 54, Idaho Code, whose
 29    license is active and in good standing, from rendering a broker's price  opin-
 30    ion,  for which the broker may charge a fee, provided the broker's price opin-
 31    ion complies with the following requirements:
 32        (a)  The broker's price opinion shall be in writing and contain  the  fol-
 33        lowing:
 34             (i)    A statement of the intended purpose of the price opinion;
 35             (ii)   A  brief  description  of  the  subject  property and property
 36             interest to be priced;
 37             (iii)  The basis of reasoning used to reach  the  conclusion  of  the
 38             price,  including  the  applicable  market data and/or capitalization
 39             computation;
 40             (iv)   Any assumptions or limiting conditions;
 41             (v)    A disclosure of any existing or contemplated interest  of  the
 42             broker(s) issuing the opinion;
 43             (vi)   The  name  and  signature  of  the broker(s) issuing the price
                                                                        
                                           2
                                                                        
  1             opinion and the date of its issuance;
  2             (vii)  A disclaimer that, unless the broker  is  licensed  under  the
  3             Idaho  real  estate appraisers act, chapter 41, title 54, Idaho Code,
  4             the report is not intended to meet the uniform standards  of  profes-
  5             sional appraisal practice.
  6             (viii) A  disclaimer  that the broker's price opinion is not intended
  7             to be an appraisal of the market value of the property, and  that  if
  8             an  appraisal  is  desired,  the  services of a licensed or certified
  9             appraiser should be obtained.
 10        The broker's price opinion permitted under this chapter may not be used as
 11        an appraisal, or in lieu of an appraisal, in a federally related  transac-
 12        tion.
 13        (4)  Any  person  who is not licensed or certified under the provisions of
 14    this chapter may assist a state licensed or certified real estate appraiser in
 15    the performance of an appraisal, provided that he is actively  and  personally
 16    supervised  by  the state licensed or certified appraiser and provided further
 17    that any appraisal  report  rendered  in  connection  with  the  appraisal  is
 18    reviewed and signed by the state licensed or certified real estate appraiser.
 19        (5)  The  provisions of this chapter requiring mandatory licensure or cer-
 20    tification shall not apply to employees or agents of the Idaho  transportation
 21    department when appraising transportation department property with a fair mar-
 22    ket  value of estimating the market value of or just compensation for, a prop-
 23    erty where a noncomplex appraisal would normally be ordered,  and  the  market
 24    value  or  compensation  is ten thousand dollars ($10,000) or less. Such esti-
 25    mates of market value or just compensation shall be reviewed and  approved  by
 26    an Idaho state certified general real estate appraiser. A value estimate shall
 27    be  provided  to the property owner who shall also be informed of his right to
 28    request and receive an appraisal of his property.
 29        (6)  This chapter shall not prohibit a property owner from expressing  his
 30    personal opinion of the value of his own property, nor shall the provisions of
 31    this  chapter  prohibit  a  lender, or employee of a lending institution, from
 32    forming and expressing an opinion of collateral value in the  ordinary  course
 33    of business including, but not limited to, mortgaging property, underwriting a
 34    loan,  or  foreclosing  a loan, so long as such opinion of collateral value is
 35    not represented as being an appraisal of the market value of the property,  or
 36    prepared under the provisions of this chapter.
 37        (7)  This  chapter  shall not prohibit an attorney or accountant from ren-
 38    dering professional advice within the ordinary course of  his  profession,  so
 39    long  as such advice is not represented to be an appraisal of the market value
 40    of the property.

Statement of Purpose / Fiscal Impact


REPRINT              REPRINT            REPRINT        REPRINT

                     STATEMENT OF PURPOSE
                           RS 11428

Currently, right-of-way appraisals must be done for all real 
property acquired by the Idaho Transportation Department (ITD), 
with the exception of Department surplus property valued at less 
than ten thousand ($10, 000) dollars. This proposal amendsSection 
54-4105(5), Idaho Code, to allow value estimates on non-ITD 
property by ITD employees or agents where non- complex appraisals 
would normally be ordered and the value of the property is ten 
thousand ($10,000) dollars or less. Properties in this value range 
typically represent unimproved, uncomplicated valuation situations.  
A certified appraiser will review all value estimates for accuracy, 
and property owners will be informed they may have an appraisal 
performed by ITD if one is requested.

                         FISCAL IMPACT
The cost of performing a value estimate is approximately twenty-five 
percent (25%) of the cost of performing a full appraisal.  If 
one-half of appraisals are completed as value estimates, this could 
result in an annual estimated savings of between $17,000 and $35,000 
to ITD. In some cases, the cost of an appraisal to ITD approaches or 
exceeds the value of the property being appraised. Value estimates 
save  money and expedite the project development process without 
jeopardizing the rights of a property owner. 

CONTACT
Name:  Leonard G. Hill, ROW Supv
Agency:     Idaho Transportation Department
Phone: 334-8520

Statement of Purpose/Fiscal Impact                     H 427