BP BHEAD INT S [atlas:bill]

AN ACT Relating to real estate appraisers; amending RCW 18.140.005, 18.140.010, 18.140.030, and 18.140.140; adding new sections to chapter 18.140 RCW; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 18.140.005 and 1996 c 182 s 1 are each amended to read as follows:

It is the intent of the legislature that only individuals who meet and maintain minimum standards of competence and conduct established under this chapter for certified or licensed real estate appraisers may provide real estate appraisal services to the public, and that all moneys generated under this chapter shall be derived from the individuals so certified or licensed under this chapter and shall be utilized solely for the purposes of this chapter.

Sec. 2. RCW 18.140.010 and 1997 c 399 s 1 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Appraisal" means the act or process of estimating value; an estimate of value; or of or pertaining to appraising and related functions.

(2) "Appraisal report" means any communication, written or oral, of an appraisal, review, or consulting service in accordance with the standards of professional conduct or practice, adopted by the director, that is transmitted to the client upon completion of an assignment.

(3) "Appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the value of specified interests in, or aspects of, identified real estate. The term "appraisal assignment" may apply to valuation work and analysis work.

(4) "Brokers price opinion" means an oral or written report of property value that is prepared by a real estate broker or salesperson licensed under chapter 18.85 RCW.

(5) "Certified appraisal" means an appraisal prepared or signed by a state-certified real estate appraiser. A certified appraisal represents to the public that it meets the appraisal standards defined in this chapter.

(6) "Client" means any party for whom an appraiser performs a service.

(7) ((~~"Committee"~~)) "Commission" means the real estate appraiser ((~~advisory committee~~)) commission of the state of Washington.

(8) "Comparative market analysis" means a brokers price opinion.

(9) "Department" means the department of licensing.

(10) "Director" means the director of the department of licensing.

(11) "Expert review appraiser" means a state-certified or state-licensed real estate appraiser chosen by the director for the purpose of providing appraisal review assistance to the director.

(12) "Federal department" means an executive department of the United States of America specifically concerned with housing finance issues, such as the department of housing and urban development, the department of veterans affairs, or their legal federal successors.

(13) "Federal financial institutions regulatory agency" means the board of governors of the federal reserve system, the federal deposit insurance corporation, the office of the comptroller of the currency, the office of thrift supervision, the national credit union administration, their successors and/or such other agencies as may be named in future amendments to 12 U.S.C. Sec. 3350(6).

(14) "Federal secondary mortgage marketing agency" means the federal national mortgage association, the government national mortgage association, the federal home loan mortgage corporation, their successors and/or such other similarly functioning housing finance agencies as may be federally chartered in the future.

(15) "Federally related transaction" means any real estate-related financial transaction that the federal financial institutions regulatory agency or the resolution trust corporation engages in, contracts for, or regulates; and that requires the services of an appraiser.

(16) "Financial institution" means any person doing business under the laws of this state or the United States relating to banks, bank holding companies, savings banks, trust companies, savings and loan associations, credit unions, consumer loan companies, and the affiliates, subsidiaries, and service corporations thereof.

(17) "Licensed appraisal" means an appraisal prepared or signed by a state-licensed real estate appraiser. A licensed appraisal represents to the public that it meets the appraisal standards defined in this chapter.

(18) "Mortgage broker" for the purpose of this chapter means a mortgage broker licensed under chapter 19.146 RCW, any mortgage broker approved and subject to audit by the federal national mortgage association, the government national mortgage association, or the federal home loan mortgage corporation as provided in RCW 19.146.020, any mortgage broker approved by the United States secretary of housing and urban development for participation in any mortgage insurance under the national housing act, 12 U.S.C. Sec. 1201, and the affiliates, subsidiaries, and service corporations thereof.

(19) "Real estate" means an identified parcel or tract of land, including improvements, if any.

(20) "Real estate-related financial transaction" means any transaction involving:

(a) The sale, lease, purchase, investment in, or exchange of real property, including interests in property, or the financing thereof;

(b) The refinancing of real property or interests in real property; and

(c) The use of real property or interests in property as security for a loan or investment, including mortgage-backed securities.

(21) "Real property" means one or more defined interests, benefits, or rights inherent in the ownership of real estate.

(22) "Review" means the act or process of critically studying an appraisal report prepared by another.

(23) "Specialized appraisal services" means all appraisal services which do not fall within the definition of appraisal assignment. The term "specialized appraisal service" may apply to valuation work and to analysis work. Regardless of the intention of the client or employer, if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, the work is classified as an appraisal assignment and not a specialized appraisal service.

(24) "State-certified general real estate appraiser" means a person certified by the director to develop and communicate real estate appraisals of all types of property. A state-certified general real estate appraiser may designate or identify an appraisal rendered by him or her as a "certified appraisal."

(25) "State-certified residential real estate appraiser" means a person certified by the director to develop and communicate real estate appraisals of all types of residential property of one to four units without regard to transaction value or complexity and nonresidential property having a transaction value as specified in rules adopted by the director. A state certified residential real estate appraiser may designate or identify an appraisal rendered by him or her as a "certified appraisal."

(26) "State-licensed real estate appraiser" means a person licensed by the director to develop and communicate real estate appraisals of noncomplex one to four residential units and complex one to four residential units and nonresidential property having transaction values as specified in rules adopted by the director.

Sec. 3. RCW 18.140.030 and 1996 c 182 s 4 are each amended to read as follows:

The director shall have the following powers and duties:

(1) To adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter, with the advice and approval of the commission;

(2) To receive and approve or deny applications for certification or licensure as a state-certified or state-licensed real estate appraiser under this chapter; to establish appropriate administrative procedures for the processing of such applications; to issue certificates or licenses to qualified applicants pursuant to the provisions of this chapter; and to maintain a register of the names and addresses of individuals who are currently certified or licensed under this chapter;

(3) To ((~~establish,~~)) provide administrative assistance((~~, and appoint~~)) to the members for the ((~~real estate appraiser advisory committee~~)) commission to enable the ((~~committee~~)) commission to act ((~~in an advisory capacity to the director~~));

(4) To solicit bids and enter into contracts with educational testing services or organizations for the preparation of questions and answers for certification or licensure examinations;

(5) To administer or contract for administration of certification or licensure examinations at locations and times as may be required to carry out the responsibilities under this chapter with the advice and approval of the commission;

(6) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

(7) To ((~~consider recommendations by the real estate appraiser advisory committee relating to~~)) adopt the experience, education, and examination requirements for each classification of state-certified appraiser and for licensure with the advice and approval of the commission;

(8) To impose continuing education requirements as a prerequisite to renewal of certification or licensure with the advice and approval of the commission;

(9) To ((~~consider recommendations by the real estate appraiser advisory committee relating to~~)) adopt standards of professional appraisal practice in the enforcement of this chapter with the advice and approval of the commission;

(10) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings as provided in this chapter;

(11) To establish appropriate administrative procedures for disciplinary proceedings conducted pursuant to the provisions of this chapter;

(12) To compel the attendance of witnesses and production of books, documents, records, and other papers; to administer oaths; and to take testimony and receive evidence concerning all matters within their jurisdiction. These powers may be exercised directly by the director or the director's authorized representatives acting by authority of law;

(13) To take emergency action ordering summary suspension of a license or certification pending proceedings by the director;

(14) To employ such professional, clerical, and technical assistance as may be necessary to properly administer the work of the director;

(15) To establish forms necessary to administer this chapter;

(16) To adopt standards of professional conduct or practice with the advice and approval of the commission;

(17) To establish an expert review appraiser roster comprised of state-certified or licensed real estate appraisers whose purpose is to assist the director by applying their individual expertise by reviewing real estate appraisals for compliance with this chapter. Qualifications to act as an expert review appraiser shall be established by the director with the advice ((~~of the committee~~)) and approval of the commission. An application to serve as an expert review appraiser shall be submitted to the real estate appraiser program, and the roster of accepted expert review appraisers shall be maintained by the department. An expert review appraiser may be added to or deleted from that roster by the director with the advice and approval of the commission. The expert review appraiser shall be reimbursed for expenses in the same manner as the department reimburses the ((~~committee~~)) commission; ((~~and~~))

(18) To publish quarterly a report that includes both a program review and a summary financial report of the activities conducted in carrying out the provisions of this chapter;

(19) To develop the biennial budget and any supplemental budget or budgets necessary to carry out the provisions of this chapter with the advice and approval of the commission; and

(20) To do all other things necessary to carry out the provisions of this chapter and minimally meet the requirements of federal guidelines regarding state certification or licensure of appraisers that the director determines are appropriate for state-certified and state-licensed appraisers in this state with the advice and approval of the commission.

Sec. 4. RCW 18.140.140 and 1996 c 182 s 7 are each amended to read as follows:

(1) A license or certificate issued under this chapter shall bear the signature or facsimile signature of the director and a license or certificate number assigned by the director, which for public use and other than for the internal and confidential appraiser-related recordkeeping purposes of the department on and forever after January 1, 2000, unless implemented earlier by the department, shall be separate and distinctly different from the personal identification code issued by the department for other purposes.

(2) Each state-licensed or state-certified real estate appraiser shall place his or her license or certificate number adjacent to or immediately below the title "state-licensed real estate appraiser," "state-certified residential real estate appraiser," or "state-certified general real estate appraiser" when used in an appraisal report or in a contract or other instrument used by the licensee or certificate holder in conducting real property appraisal activities, except that the license or certificate number shall not be required to appear when the title is not accompanied by a signature as is typical on such promotional and stationery items as brochures, business cards, forms, or letterhead.

NEW SECTION. Sec. 5. There is established the real estate appraiser commission of the state of Washington, consisting of seven members who shall act to give advice and approval to the director.

The seven commission members shall be appointed by the governor in the following manner: For a term of six years each, with the exception of the first appointees who shall be the incumbent members of the predecessor real estate appraiser advisory committee to serve for the duration of their current terms, with all other subsequent appointees to be appointed for a six-year term. At least two of the commission members shall be selected from the area of the state east of the Cascade mountain range and at least two of the commission members shall be selected from the area of the state west of the Cascade mountain range. At least three members of the commission shall be certified general real estate appraisers, at least two members of the commission shall be certified residential real estate appraisers, and at least one member of the commission shall be a licensed real estate appraiser, all pursuant to this chapter. No commission member shall be appointed who has not been certified and/or licensed pursuant to this chapter for less than ten years, except that this experience duration shall be not less than five years only for any commission member taking office before January 1, 2000. The members of the commission annually shall elect their chairperson to serve for a term of one calendar year. Any vacancy on the commission shall be filled by appointment by the governor for the unexpired term.

NEW SECTION. Sec. 6. The members of the commission and its individual members shall have the following duties and responsibilities:

(1) To make findings and recommendations to the director concerning any and all matters, including but not limited to those relating to administrative, disciplinary and enforcement, education, experience, and fiscal actions, which the commission deems pertinent to carrying out the provisions of this chapter and minimally meet the requirements of federal guidelines regarding state certification or licensure of appraisers that are appropriate for state-certified and state-licensed appraisers in this state;

(2) To meet at the call of the director, or upon its own initiative at the call of its chair or a majority of its members;

(3) To hold hearings or take such other action as the commission may determine appropriate so as to serve as a liaison between appraisal practitioners, the public, and the department;

(4) To study and recommend changes to this chapter to the director or to the legislature;

(5) To join with the director to develop the budget or budgets which are required to carry out the provisions of this chapter; and

(6) To keep a record of its proceedings.

NEW SECTION. Sec. 7. The commission shall have authority:

(1) To conduct studies in all areas directly or indirectly related to carrying out the provisions of this chapter, or to real estate valuation, dynamics, or economics;

(2) To disseminate findings and results of real estate research conducted by or for the commission using a variety of dissemination media to appraisal practitioners, the public, and the department;

(3) To hold educational conferences for the benefit of the appraisal profession and/or its clients.

NEW SECTION. Sec. 8. The commission members shall be compensated in accordance with RCW 43.03.240, plus travel expenses in accordance with RCW 43.03.050 and 43.03.060 when they are in session by their call or by the director, or when otherwise engaged in the business of the commission.

NEW SECTION. Sec. 9. Sections 5 through 8 of this act are each added to chapter 18.140 RCW.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999.