BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 624


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          Date of Hearing:  May 6, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          624 (Wilk) - As Amended April 22, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill authorizes licensed real estate appraisers who perform  
          non-federally related appraisal activities to use a standard of  
          valuation practice other than the Uniform Standards of  
          Professional Appraisal Practice (USPAP) if that practice is  








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          disclosed to, and agreed upon, by the client, and if that  
          practice is described in the appraisal.   


           FISCAL EFFECT:


          Unknown costs, likely minor, to the Bureau of Real Estate  
          Appraisers (special funds) under the Department of Consumer  
          Affairs for complaint investigations regarding the use of  
          unknown valuation standards.


          COMMENTS:


          1)Purpose. According to the author, "[This bill] is designed to  
            modernize California's appraiser licensing law to permit  
            licensed or certified appraisers to apply the most relevant  
            appraisal standards for their assignments.  While federal law  
            requires compliance with the USPAP for federally related  
            transactions [FRTs], California operates in an international  
            business environment and foreign entities often need appraisal  
            reports prepared in accordance with international standards.   
            Also, entities within the [United States] often do not require  
            USPAP-compliant appraisals for their non-federally related  
            transactions.  This bill permits the use of recognized  
            alternative or international valuation standards for  
            non-[FRTs], if disclosed and consented to by the client and if  
            identified in appraisal reports.  In cases where standards  
            other than USPAP are employed, appraisal reports must still  
            comply with foundational USPAP standards relating to ethics,  
            competency, recordkeeping, and scope of work."  


          2)Background. In 1989, as a result of the savings and loan  
            crisis, Congress adopted the Federal Financial Institutions  
            Reform, Recovery and Enforcement Act (FIRREA) mandating states  
            to license and certify real estate appraisers who appraise  








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            property for FRTs. FRTs are transactions involving loans made,  
            guaranteed or insured by federally-supervised financial  
            institutions.  The FIRREA, and rules promulgated pursuant to  
            that act, require, at a minimum, that real estate appraisals  
            be performed in accordance with generally accepted uniform  
            standards as promulgated by the Appraisal Standards Board  
            (ASB) of the Appraisal Foundation, and that such appraisals be  
            in writing.


            While federal law requires that FRT appraisals be performed in  
            compliance with the USPAP, California law goes beyond this  
            requirement and requires compliance with USPAP for all  
            appraisals performed by California licensed and certified  
            appraisers, whether federally-related or not, and thus,  
            imposes duties beyond those needed by entities requesting  
            appraisals in non-FRTs.  Investors needing portfolio review  
            analysis, for example, often do not need, and thus are not  
            willing to pay for, a full USPAP-compliant appraisal.  





            The author contends that because California law makes USPAP  
            the standard for all appraisals performed by California  
            licensed or certified appraisers, California licensees are  
            unable to accept these assignments. In this regard, California  
            law acts as a disincentive to hire the most competent  
            appraisers. As a result, licensed professionals in other  
            states or unlicensed persons in California could perform those  
            non-FRT appraisals without following USPAP, while California  
            licensees would still be required to follow the USPAP.  





            This bill seeks to address this problem by authorizing  








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            licensees to comply with recognized valuation standards other  
            than the USPAP for non-FRTs, with the consent of the client  
            and if the standards are properly identified in the appraisal  
            report.  This bill would still require USPAP provisions  
            relating to ethics, competency, recordkeeping and scope of  
            work to apply if a standard other than the USPAP is used for  
            an appraisal.  





          3)Prior Legislation.  AB 1317 (Frazier), Chapter 352, Statutes  
            of 2013, per the Governor's Reorganization Plan No. 2, moved  
            the former Office of Real Estate Appraisers from the former  
            Business, Transportation, and Housing Agency to the Bureau of  
            Real Estate Appraisers under the Department of Consumer  
            Affairs, within the Business, Consumer Services, and Housing  
            Agency.  





           Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081