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Minnesota Legislature

Office of the Revisor of Statutes

SF 366

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/11/2018 04:30pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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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.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.

new text begin [82B.072] FORMAL COMPLAINTS.
new text end

new text begin For the purposes of this chapter, an inquiry alleging noncompliance with this chapter
that does not result in a disciplinary action, including any informal disposition of a case or
an action pursuant to this chapter or section 45.027 does not constitute a formal complaint
under this chapter or section 45.027.
new text end

Sec. 3.

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.

Sec. 4.

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 notwithstanding section 13.41, all investigative data concerning the disciplinary action
are 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

new text begin (c) Nothing in paragraph (a) or (b) shall be construed to prevent the commissioner from
fulfilling any requirements pursuant to Title XI of the Federal Institutions Reform, Recovery,
and Enforcement Act of 1989, including any amendments and regulations, or the sharing
of any public data under section 13.41 regarding a disciplinary action with any state appraiser
certifying and licensing agency.
new text end

Sec. 5.

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. 6. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective August 1, 2017, and apply to appraisals performed on or
after that date.
new text end