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Minnesota Legislature

Office of the Revisor of Statutes

HF 593

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2017 02:37pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to real estate appraisers; changing requirements relating to investigations,
background checks, and disciplinary actions; amending Minnesota Statutes 2016,
sections 13.411, by adding a subdivision; 82B.07; 82B.08, subdivision 2a; 82B.20,
by adding a subdivision; 82B.24, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 82B.

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

Section 1.

Minnesota Statutes 2016, section 13.411, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Real estate appraisers. new text end

new text begin Data relating to disciplinary actions involving real
estate appraisers are classified under section 82B.20, subdivision 4.
new text end

Sec. 2.

Minnesota Statutes 2016, section 82B.07, is amended to read:


82B.07 POWERS OF THE COMMISSIONER.

The commissioner shall:

(1) receive applications for licenses;

(2) establish the procedures for processing applications for licensing;

(3) issue a license for appraisers;

(4) maintain a registry of the names and addresses of people licensed under this chapter;

(5) keep records and all application materials submitted to the commissioner;

(6) conduct investigationsnew text begin of allegations of noncompliance and initiate formal complaints
under section 82B.072
new text end;

(7) deny, revoke, and suspend licenses; and

(8) take other actions necessary to carry out the purposes of this chapter.

Sec. 3.

new text begin [82B.072] ALLEGATIONS OF NONCOMPLIANCE AND FORMAL
COMPLAINTS.
new text end

new text begin Subdivision 1. new text end

new text begin Allegation of noncompliance. new text end

new text begin (a) An allegation that a license holder is
in noncompliance with a requirement of this chapter must:
new text end

new text begin (1) be in writing;
new text end

new text begin (2) include information that is independently verifiable; and
new text end

new text begin (3) include a copy of the appraisal report or other document containing an error or
violation of a requirement of this chapter.
new text end

new text begin (b) The commissioner may investigate an allegation of noncompliance only if the
allegation meets the requirements of this section. The commissioner must not describe an
allegation of noncompliance as a complaint unless the commissioner initiates a formal
complaint under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Formal complaint. new text end

new text begin The commissioner may initiate a formal complaint, using
all powers and remedies available to the commissioner under this chapter or any other law,
against the license holder if investigation of the allegation produces evidence of
noncompliance with this chapter.
new text end

Sec. 4.

Minnesota Statutes 2016, section 82B.08, subdivision 2a, is amended to read:


Subd. 2a.

Criminal history record check; fingerprints.

(a) An applicant for deleted text beginadeleted text endnew text begin an initialnew text end
license must:

(1) consent to a criminal history record check;

(2) submit a fingerprint card in a form acceptable to the commissioner; and

(3) pay the fee required to perform criminal history record checks with the Minnesota
Bureau of Criminal Apprehension and the Federal Bureau of Investigation.

(b) The commissioner may contract for the collection and transmission of fingerprints
required under this chapter and may order the fee for collecting and transmitting fingerprints
to be payable directly to the contractor by the applicant. The commissioner may agree to a
reasonable fingerprinting fee to be charged by the contractor.

(c) The commissioner shall submit the applicant's fingerprints, consent, and the required
fee to the superintendent of the Bureau of Criminal Apprehension. The superintendent shall
perform a check of the state criminal history repository and is authorized to exchange the
applicant's fingerprints with the Federal Bureau of Investigation to obtain the national
criminal history record. The superintendent shall return the results of the state and national
criminal history records checks to the commissioner.

(d) deleted text beginThis subdivision applies todeleted text end An applicant for deleted text beginan initial license ordeleted text end a renewalnew text begin of anew text end licensenew text begin
must disclose, in a form acceptable to the commissioner, any crimes involving moral turpitude
or that are substantially related to the qualifications, functions, or duties of the profession
of real estate appraiser that the applicant has been convicted of or pled guilty or nolo
contendere to, as provided in this paragraph. An applicant renewing a license is only required
to disclose events that occurred since the license was issued if this is the applicant's first
license renewal, or, since the license was renewed if this is a subsequent renewal
new text end.

new text begin (e) If the commissioner has a reasonable belief that a renewal applicant has not provided
a complete and accurate disclosure of the information required by paragraph (d), then the
commissioner may require the applicant to submit the information described in paragraph
(g).
new text end

new text begin (f) The commissioner may randomly select renewal applicants and require the applicants
to provide the information described in paragraph (g).
new text end

new text begin (g) An applicant for a renewal license who has been selected by the commissioner under
paragraph (e) or (f) must:
new text end

new text begin (1) consent to a criminal history record check;
new text end

new text begin (2) submit a fingerprint card in a form acceptable to the commissioner; and
new text end

new text begin (3) pay the fee required to perform criminal history record checks with the Minnesota
Bureau of Criminal Apprehension and the Federal Bureau of Investigation.
new text end

Sec. 5.

Minnesota Statutes 2016, section 82B.20, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Time limitations. new text end

new text begin (a) If more than five years have passed from the date on
which a licensed real estate appraiser completes a disciplinary action under subdivision 1,
then:
new text end

new text begin (1) the commissioner shall not consider the action that resulted in the disciplinary action
as part of any new enforcement action; and
new text end

new text begin (2) notwithstanding section 13.41, all investigative data and the entire record concerning
the disciplinary action is private data, as defined in section 13.02, subdivision 12.
new text end

new text begin (b) Paragraph (a) does not apply to disciplinary actions:
new text end

new text begin (1) that resulted in the denial, suspension, revocation, or surrender in lieu of revocation
of a license;
new text end

new text begin (2) due to a violation of section 82B.20, subdivision 2, clause (4); or
new text end

new text begin (3) due to a violation of section 82B.03, subdivision 1.
new text end

Sec. 6.

Minnesota Statutes 2016, section 82B.24, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Time limitations. new text end

new text begin (a) A private right of action must be commenced the earlier
of:
new text end

new text begin (1) six years from the date the appraisal services giving rise to the cause of action were
performed or should have been performed;
new text end

new text begin (2) six years from the date the appraisal giving rise to the cause of action was completed
or should have been completed; or
new text end

new text begin (3) the expiration of any other applicable statute of limitations.
new text end

new text begin (b) Paragraph (a), clauses (1) and (2), do not apply when the person alleges that an injury
occurred due to:
new text end

new text begin (1) knowing and intentional fraud; or
new text end

new text begin (2) knowing and intentional misrepresentation during the performance of an appraisal.
new text end

Sec. 7. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective August 1, 2017, and apply to appraisals performed on or
after that date.
new text end