ENROLLED

COMMITTEE SUBSTITUTE

forH. B. 2730

(By Delegates Morgan, Stephens, Azinger, Diserio,

 Ferns, Jones, Paxton, Perry, D. Poling, Romine and Swartzmiller)

[Passed April 13, 2013; in effect ninety days from passage.]

AN ACT to amend and reenact §30-38-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-38-19, all relating to requirements to perform appraisals; providing requirements for licensure or certification by reciprocity; and clarifying the requirements for temporary permits.

Be it enacted by the Legislature of West Virginia:

    That §30-38-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §30-38-19, all to read as follows:

ARTICLE 38. THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT.

§30-38-5. Reciprocal credentialing.

    The board shall issue a reciprocal license or certification to an applicant from another state if the applicant holds a valid license or certification from a state whose licensing and certification program:

    (1) Is in compliance with the provisions of Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 [12 U.S.C. 3331-3351] as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010; and

    (2) That has credentialing requirements that meet or exceed those of West Virginia.

§30-38-19. Temporary permit.

    (a) The board may issue a temporary permit to perform one specific assignment relating to the appraisal of real estate or real property in this state to an applicant who:

    (1) Completes an application;

    (2) Pays a nonrefundable application fee;

    (3) Provides an irrevocable consent that service of process upon him or her may be made by service of process to the Secretary of State if, in an action against the applicant in a court of this state arising out of the applicant's activities as a real estate appraiser in this state, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant; and

    (4) Meets the requirements for a temporary permit as established by the board by legislative rule.

    (b) The temporary permit is subject to the terms, conditions and limitations set forth by the board by legislative rule.