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2017 Minnesota Session Laws

Key: (1) language to be deleted (2) new language

CHAPTER 37--H.F.No. 593

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:

Subd. 10.

Real estate appraisers.

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

Sec. 2.

[82B.072] FORMAL COMPLAINTS.

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.

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 a an initial 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) This subdivision applies to An applicant for an initial license or a renewal of a license 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.

Sec. 4.

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

Subd. 4.

Time limitations.

(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 is private data, as defined in section 13.02, subdivision 12.

(b) Paragraph (a) does not apply to disciplinary actions:

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

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

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

(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 Financial 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.

Sec. 5.

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

Subd. 4.

Time limitations.

(a) A private right of action must be commenced the earlier of:

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

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

(3) the expiration of any other applicable statute of limitations.

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

(1) knowing and intentional fraud; or

(2) knowing and intentional misrepresentation during the performance of an appraisal.

Sec. 6.

EFFECTIVE DATE.

Sections 1 to 5 are effective July 1, 2017, and apply to appraisals performed on or after that date.

Presented to the governor May 9, 2017

Signed by the governor May 11, 2017, 10:45 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569