Minnesota Session Laws - 2021, Regular Session

CHAPTER 16--S.F.No. 1020

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 begin Appraiser and deleted text end Insurance Internet prelicense courses.

The design and delivery of deleted text begin an appraiser prelicense education course or deleted 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 entity new 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 begin APPRAISER 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 begin REPEALER. 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

Presented to the governor May 5, 2021

Signed by the governor May 6, 2021, 2:11 p.m.