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HF 1768

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/03/2021 04:58pm

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

Bill Text Versions

Engrossments Comparisons
Introduction Posted on 03/01/2021
1st Engrossment Posted on 03/23/2021 compared with SF1020 2nd Engrossment

Current Version - 1st Engrossment

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A bill for an act
relating to commerce; modifying requirements for real estate appraiser continuing
education; amending Minnesota Statutes 2020, sections 45.305, subdivision 1, by
adding a subdivision; 45.306, by adding a subdivision; 45.33, subdivision 1, by
adding a subdivision; 82B.021, by adding subdivisions; 82B.03, by adding a
subdivision; 82B.195, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 82B; repealing Minnesota Statutes 2020, section
45.306, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 45.305, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginAppraiser anddeleted text end Insurance Internet prelicense courses.

The design and
delivery of deleted text beginan appraiser prelicense education course ordeleted text end an insurance prelicense education
course must be approved by the International Distance Education Certification Center
(IDECC) before the course is submitted for the commissioner's approval.

Sec. 2.

Minnesota Statutes 2020, section 45.305, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Appraiser Internet prelicense courses. new text end

new text begin The requirements for the design and
delivery of an appraiser prelicense education course are the requirements established by the
Appraiser Qualifications Board of the Appraisal Foundation and published in the most
recent version of the Real Property Appraiser Qualification Criteria.
new text end

Sec. 3.

Minnesota Statutes 2020, section 45.306, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Appraiser Internet continuing education courses. new text end

new text begin The requirements for the
design and delivery of an appraiser continuing education course are the requirements
established by the Appraiser Qualifications Board of the Appraisal Foundation and published
in the most recent version of the Real Property Appraiser Qualification Criteria.
new text end

Sec. 4.

Minnesota Statutes 2020, section 45.33, subdivision 1, is amended to read:


Subdivision 1.

Prohibitions.

In connection with an approved course, coordinators and
instructors must not:

(1) recommend or promote the services or practices of a particular business;

(2) encourage or recruit individuals to engage the services of, or become associated with,
a particular business;

(3) use materials, clothing, or other evidences of affiliation with a particular entitynew text begin,
except as provided under subdivision 3
new text end;

(4) require students to participate in other programs or services offered by the instructor,
coordinator, or education provider;

(5) attempt, either directly or indirectly, to discover questions or answers on an
examination for a license;

(6) disseminate to any other person specific questions, problems, or information known
or believed to be included in licensing examinations;

(7) misrepresent any information submitted to the commissioner;

(8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in the
course outline approved by the commissioner during the approved instruction; and

(9) issue inaccurate course completion certificates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2020, section 45.33, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin In connection with an approved course, coordinators and instructors
may:
new text end

new text begin (1) display a company or course provider's logo or branding;
new text end

new text begin (2) establish a trade show or conference booth outside the classroom where the
educational content is being delivered that is separate from a registration location used to
track or facilitate student attendance;
new text end

new text begin (3) display the logo or branding associated with a particular entity to thank the entity as
an organizational partner of the course provider during a scheduled and approved break in
the delivery of course content. The display must be separate from a registration location
used to track or facilitate student attendance; and
new text end

new text begin (4) display a third-party logo, promotion, advertisement, or affiliation with a particular
entity as part of a course program or advertising for an approved course. For purposes of
this clause, "course program" means digital or paper literature describing the schedule of
the events, presenters, duration, or background information of the approved course or
courses. A course program may be made available in the classroom or at a registration
location used to track or facilitate student attendance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2020, section 82B.021, is amended by adding a subdivision to
read:


new text begin Subd. 14a. new text end

new text begin Evaluation. new text end

new text begin "Evaluation" means an estimate of the value of real property,
made in accordance with the Interagency Appraisal and Evaluation Guidelines provided to
an entity regulated by a federal financial institution's regulatory agency, for use in a real
estate-related financial transaction for which an appraisal is not required by federal law.
new text end

Sec. 7.

Minnesota Statutes 2020, section 82B.021, is amended by adding a subdivision to
read:


new text begin Subd. 16a. new text end

new text begin Interagency Appraisal and Evaluation Guidelines. new text end

new text begin "Interagency Appraisal
and Evaluation Guidelines" means the appraisal and evaluation guidelines provided by a
federal financial institution's regulatory agency, as provided by Federal Register, volume
75, page 77450 (2010), as amended.
new text end

Sec. 8.

Minnesota Statutes 2020, section 82B.03, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Evaluation. new text end

new text begin A licensed real estate appraiser may provide an evaluation. When
providing an evaluation, a licensed real estate appraiser is not engaged in real estate appraisal
activity and is not subject to this chapter. An evaluation by a licensed real estate appraiser
under this subdivision must contain a disclosure that the evaluation is not an appraisal.
new text end

Sec. 9.

Minnesota Statutes 2020, section 82B.195, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Evaluation. new text end

new text begin When providing an evaluation, a licensed real estate appraiser is
not required to comply with the Uniform Standards of Professional Appraisal Practice.
new text end

Sec. 10.

new text begin [82B.25] VALUATION BIAS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "valuation bias" means to
explicitly, implicitly, or structurally select and apply data to an appraisal methodology or
technique in a biased manner that harms a protected class, as defined by the Fair Housing
Act of 1968, as amended.
new text end

new text begin Subd. 2. new text end

new text begin Education. new text end

new text begin Within two years of receiving a license under this chapter and as
required by the Appraiser Qualifications Board, a real property appraiser shall provide to
the commissioner evidence of satisfactory completion of a continuing education course on
the valuation bias of real property.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2021. A real property
appraiser who has received a license prior to the effective date of this section must complete
the course required by this section by August 31, 2023.
new text end

Sec. 11. new text beginAPPRAISER INTERNET COURSE REQUIREMENTS.
new text end

new text begin Notwithstanding Minnesota Statutes, sections 45.305, subdivision 1a, and 45.306,
subdivision 1a, education providers may submit to the commissioner of commerce for
approval a classroom course under Minnesota Statutes, section 45.25, subdivision 2a, clause
(3), or a distance learning course, as defined in Minnesota Statutes, section 45.25, subdivision
5a, that has not been approved by the International Distance Education Certification Center.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
expires after the peacetime emergency declared by the governor in an executive order that
relates to the infectious disease known as COVID-19 is terminated or rescinded or December
31, 2021, whichever is later.
new text end

Sec. 12. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 45.306, subdivision 1, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1768-1

45.306 CONTINUING EDUCATION COURSES OFFERED OVER THE INTERNET.

Subdivision 1.

Appraiser Internet continuing education courses.

The design and delivery of an appraiser continuing education course must be approved by the International Distance Education Certification Center (IDECC) before the course is submitted for the commissioner's approval.