Summary of the Committee Version of the Bill
HCS HB 1988 -- REAL ESTATE APPRAISERS AND APPRAISAL MANAGEMENT
COMPANIES
SPONSOR: Brandom
COMMITTEE ACTION: Voted "do pass - federal mandate" by the
Committee on Professional Registration and Licensure by a vote of
19 to 0.
This substitute changes the laws regarding real estate appraisers
and appraisal management companies. In its main provisions, the
substitute:
(1) Renames the Missouri Certified and Licensed Real Estate
Appraisers Act the Missouri Certified and Licensed Real Estate
Appraisers and Appraisal Management Company Regulation Act;
(2) Prohibits a person from engaging in the business as an
appraisal management company, engaging to perform appraisal
management services, or holding themselves out as being an
appraisal management company without first obtaining a
registration issued by the Missouri Real Estate Appraisers
Commission within the Department of Insurance, Financial
Institutions and Professional Registration;
(3) Creates the classifications of licensure for appraiser
trainees of state-certified general appraiser trainee, state-certified
residential appraiser trainee, and state-licensed
appraiser trainee. The commission is required to adopt rules and
procedures for the issuing and regulating appraiser trainee
licenses;
(4) Requires state-certified and state-licensed trainees to
comply with the Uniform Standards of Professional Appraisal
Practice established by the Appraisal Standards Board of the
Appraisal Foundation;
(5) Requires the commission to maintain a registry of the names
and addresses of appraisal management companies and to establish
by rule the requirements for obtaining a license as an appraisal
management company;
(6) Renames the Missouri Real Estate Appraisers Fund to the
Missouri Real Estate Appraisers and Appraisal Management Company
Fund;
(7) Exempts an appraisal management company from specified
licensing and examination requirements;
(8) Removes the provision requiring the signature of the chairman of
the commission and a certificate or assigned license
number to be on each certificate or license;
(9) Requires each appraisal management company to disclose its
license number on every engagement letter utilized in assigning
an appraisal request for assignments within the state;
(10) Exempts an appraisal management company from the
requirement that a certificate or license can only be issued to a
natural person;
(11) Requires an appraisal management company to notify the
commission within 30 days of any change in its controlling
person, agent of record, ownership composition, or address;
(12) Authorizes the commission to cause complaints to be filed
with the Administrative Hearing Commission against a state-licensed
appraisal management company that is a legal entity
other than a natural person;
(13) Requires all appraisal management company records to be
retained for five years and made promptly available to the
commission for inspection and copying;
(14) Specifies that it will be a class B misdemeanor for any
company or controlling person to practice any deception or fraud
in its identity in connection with an application or holding out
to the public or representation as a licensed appraisal
management company when it is not;
(15) Requires the commission to take all action necessary to be
able to issue licenses to qualified applicants seeking a license
as an appraisal management company; and
(16) Repeals Sections 339.1100 to 339.1240, RSMo, regarding the
Missouri Appraisal Management Company Registration and Regulation
Act.
FISCAL NOTE: No impact on state funds in FY 2013, FY 2014, and
FY 2015.
PROPONENTS: Supporters say that the bill is needed to bring real
estate appraisers and appraisal management companies into
compliance with the federal Dodd-Frank Wall Street Reform and
Consumer Protection Act.
Testifying for the bill were Representative Brandom; Missouri
Appraiser Advisory Counsel; and Missouri Association of Realtors.
OPPONENTS: There was no opposition voiced to the committee.
OTHERS: Others testifying on the bill were there to answer any
questions.
Testifying on the bill was Missouri Real Estate Appraisers Commission,
Department of Insurance, Financial Institutions and
Professional Registration.
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