MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A
By: Representative Guice
AN ACT TO CREATE SECTION 73-34-14, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR BACKGROUND INVESTIGATIONS OF PROSPECTIVE REAL ESTATE APPRAISER LICENSEES; TO AMEND SECTION 73-34-19, MISSISSIPPI CODE OF 1972, TO REVISE THE CLASSES OF REAL ESTATE APPRAISER LICENSES; TO AMEND SECTION 73-34-21, MISSISSIPPI CODE OF 1972, TO REVISE PREREQUISITES TO TAKING EXAMINATIONS FOR LICENSING; TO AMEND SECTION 73-34-27, MISSISSIPPI CODE OF 1972, TO REVISE LICENSE RENEWAL REQUIREMENTS; TO AMEND SECTION 73-34-45, MISSISSIPPI CODE OF 1972, TO REVISE FEES FOR LICENSING; TO AMEND SECTION 73-34-51, MISSISSIPPI CODE OF 1972, TO REVISE REQUIREMENTS FOR NONRESIDENT APPLICANTS OR LICENSURE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 73-34-14, Mississippi code of 1972:
73-34-14. (1) (a) To qualify for a Mississippi real estate appraiser license, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination that the applicant does not possess a background which calls into question public trust, as set forth below in subsection (2), and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-34-35.
(b) To assist the board in conducting its licensure investigation, on and after January 1, 2015, all applicants for a real estate appraiser license as a licensed real estate appraiser (license), licensed certified residential real estate appraiser (certification), or a licensed certified general real estate appraiser (Certification) and all applicants for renewal of any real estate appraiser license or certification shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.
(c) Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
(d) The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state of national repositories.
(e) The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.
(2) (a) The board must ensure that applicants for a real estate appraiser license or certification do not possess a background that could call into question public trust. An applicant found by the board to possess a background which calls into question the applicant's ability to maintain public trust shall not be issued a real estate appraiser license or certification.
(b) The board shall not issue a real estate appraiser license or certification if:
(i) The applicant has had an appraiser license or certification revoked in any governmental jurisdiction within the five (5) year period immediately preceding the date of the application.
(ii) The applicant has been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, or foreign court:
1. During the five (5) year period immediately preceding the date of the application for licensing or certification; or
2. At any time preceding the date of the application, if such felony involved an act of fraud, dishonesty, or a felony involved an act of fraud, dishonesty, or a breach of trust, or money laundering.
(iii) The applicant has failed to demonstrate character and general fitness such as to command the confidence of the community and to warrant a determination that the appraiser will operate honestly, fairly and efficiently within the purpose of these criteria.
(c) The board shall evaluate and consider, by rules and regulations, additional background issues, including, but not limited to, those required by the Appraiser Qualifications Board of the Appraisal Foundation in compliance with federal requirements, prior to issuing (or taking disciplinary action against) a real estate appraiser.
(d) The board shall adopt rules and regulations necessary to implement, administer and enforce the provisions of this section.
SECTION 2. Section 73-34-19, Mississippi Code of 1972, is amended as follows:
73-34-19. The following
shall be the two (2) classes for licensed certified real estate appraisers * * *:
(a) Licensed certified residential real estate appraiser. The licensed certified residential real estate appraiser classification shall consist of those persons who meet the requirements that relate to the appraisal of residential real property of one (1) to four (4) units without regard to transaction value or complexity. In addition, when nonfederally related transactions are involved, the licensed certified residential real estate appraiser shall enjoy the same privileges as set forth for the licensed real estate appraiser.
(b) Licensed certified general real estate appraiser. The licensed certified general real estate appraiser classification shall consist of those persons who meet the requirements relating to the appraisal of all types of real estate.
* * *
Each application for
licensing as a licensed certified real estate appraiser, or for the renewal of
a license, and each application to take an examination, shall specify the
classification of licensing being applied for and, if applicable, the class of
license previously granted. Each applicant shall be trustworthy and competent
to transact the business of real estate * * * appraising and comply with such
other requirements as may be prescribed by the board.
SECTION 3. Section 73-34-21, Mississippi Code of 1972, is amended as follows:
73-34-21. (1) (a)
As a prerequisite to taking the examination for licensing as a licensed
certified residential real estate appraiser, an applicant shall present
acceptable evidence that such applicant has successfully completed not less
than * * * two hundred (200) classroom hours in courses of study
approved by the board. The * * * two hundred (200)
classroom hours must be in courses of study approved by the board which relate
to real estate appraisal and shall include coverage of the Uniform Standards of
Professional Appraisal Practice. The courses of study referred to above must
be conducted by an accredited university, college or junior college; an * * *
appraisal society,
institute or association; or such other school * * * approved by the * * *
Appraisal
Qualifications Board of the Appraisal Foundation in compliance with federal
requirements * * *. * * *
(b) Applicants applying prior to January 1, 2015, for licensure as a licensed certified residential real estate appraiser shall present, in addition to the above two hundred (200) classroom hours, evidence that such applicant has (i) successfully completed twenty-one (21) semester credit hours in specified collegiate subject matter courses from an accredited college or university, or (ii) attained an associate's degree or higher.
(c) Applicants applying on or after January 1, 2015, for licensure as a licensed certified residential real estate appraiser shall present, in addition to the above two hundred (200) classroom hours, evidence that such applicant has a bachelor's degree or higher (in any field) from an accredited college or university.
(2) (a) As a
prerequisite to taking the examination for licensing as a licensed certified general
real estate appraiser, an applicant shall present acceptable evidence that such
applicant has successfully completed not less than * * * three
hundred (300) classroom hours in courses of study approved by the board.
The * * * three hundred (300) classroom hours must be in courses
of study approved by the board which relate to real estate appraisal and shall
include coverage of the Uniform Standards of Professional Appraisal Practice.
The courses of study referred to above must be conducted by an accredited
university, college or junior college; an * * * appraisal society, institute, * * * association, * * * or such other school * * * approved by the * * *
Appraisal Qualifications
Board of the Appraisal Foundation in compliance with federal requirements. * * *
(b) Applicants applying prior to January 1, 2015, for licensure as a licensed certified general real estate appraiser shall present, in addition to the above three hundred (300) classroom hours, evidence that such applicant has (i) successfully completed thirty (30) semester credit hours in specified collegiate subject matter courses from an accredited college or university, or (ii) attained a bachelor's degree or higher.
(c) Applicants applying on or after January 1, 2015, for licensure as a licensed certified general real estate appraiser shall present, in addition to the above three hundred (300) classroom hours, evidence that such applicant has a bachelor's degree or higher (in any field) from an accredited college or university.
* * *
( * * *3) (a) A license as a licensed
certified residential real estate appraiser shall not be issued to any
person who does not possess the equivalent of * * * two thousand five hundred
(2,500) hours of qualifying experience in real property appraisal obtained
during no fewer than twenty-four (24) months and supported by adequate
written reports or file memoranda.
(b) A license as a licensed certified general real estate appraiser shall not be issued to any person who does not possess three thousand (3,000) hours of qualifying experience in real property appraisal obtained during no fewer than thirty (30) months, and supported by adequate written reports or file memoranda. One thousand five hundred (1,500) of these hours must be in nonresidential appraisal work.
SECTION 4. Section 73-34-27, Mississippi Code of 1972, is amended as follows:
73-34-27. To obtain a renewal of any of the real estate appraisal licenses or a renewal of any registration issued under this chapter, the holder of a current, valid license or registration shall make application and pay the prescribed fee to the commission not earlier than one hundred twenty (120) days nor later than the expiration date, as defined in Section 73-34-25, of the license then held. Each application for renewal shall be accompanied by evidence, in the form prescribed by the board, of having completed the continuing education requirements for renewal specified in this chapter.
If a licensed appraiser or licensed certified real estate appraiser under this chapter fails to renew his license, or an appraisal management company fails to renew its registration before its expiration or within any period of extension granted under this chapter, that person or company may obtain a renewal of their license or registration by satisfying all of the requirements for renewal and filing an application for renewal, accompanied by a late renewal fee, within sixty (60) days of the date that the license or registration expired.
From and after January 1, 2015, all applicants for a real estate appraisal license renewal shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database pursuant to the provisions of Section 73-34-14.
SECTION 5. Section 73-34-45, Mississippi Code of 1972, is amended as follows:
73-34-45. (1) The commission shall charge and collect appropriate fees for its services under this chapter. The fees charged shall not exceed the amounts indicated below and shall be set by the board.
* * *
Application and examination...................... $225.00
Application only..................................... $175.00
Initial and renewal license...................... $325.00
Delinquent renewal penalty........... 100% of renewal fee
* * *
For each change of address....................... $ 25.00
For each duplicate license....................... $ 25.00
To change status as a licensee from active to
inactive...................................... $ 25.00
For each bad check received by the commission.... $ 25.00
(2) (a) The board shall establish the fee to be paid by each appraisal management company making application for registration under this chapter, that is sufficient for the administration regulation and enforcement of the provisions of the Mississippi Appraisal Management Company Registration Act (Section 73-34-101 et seq.), but in no case shall the fee for initial registration be more than One Thousand Dollars ($1,000.00). However, beginning July 1, 2015, the board may increase the registration fee to an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) if the board finds the increase necessary for the regulation and enforcement of this chapter.
(b) The board may establish a similar fee, not to exceed One Thousand Dollars ($1,000.00), for the renewal of any registration, and a delinquent renewal penalty not to exceed one hundred percent (100%) of the renewal fee. However, beginning July 1, 2015, the board may increase the renewal fee to an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) if the board finds the increase necessary for the regulation and enforcement of this chapter, and a delinquent renewal penalty not to exceed one hundred percent (100%) of the renewal fee.
(3) The board may charge additional fees for its services which the board deems appropriate to carry out its intent and purpose. These additional fees shall not exceed the cost of rendering the service.
( * * *4) All fees charged and collected
under this chapter shall be paid by the commission at least once a week,
accompanied by a detailed statement thereof, to the credit of the fund known as
the "Real Estate Appraisal License Fund," hereby created in the State
Treasury. All monies which are collected under this chapter shall be paid into
and credited to the fund for the use of the board in carrying out the
provisions of this chapter including the payment of salaries and expenses,
printing an annual directory of licensees, and for educational purposes. The
commission shall submit a monthly statement to the board detailing any expenses
which it bears as a share in the expense of administering this chapter, for
which expenses it shall be reimbursed in the amount approved by the board. The
commission shall prepare an annual statement of income and expenses related to
its appraisal-related administrative function.
* * *
( * * *5) The provisions of this section
shall stand repealed on July 1, 2016.
SECTION 6. Section 73-34-51, Mississippi Code of 1972, is amended as follows:
73-34-51. (1) Each
applicant for licensure under this chapter who is not a resident of this state
shall submit, with such applicant's application, an irrevocable consent that * * *
legal actions arising out of the applicant's activities as a real estate
appraiser in this state, may be commenced against him or her in the proper court
of any county of this state in which a cause of action may arise or in which
the plaintiff may reside by service of process or pleading authorized by laws
of this state, by the Secretary of State of Mississippi or by the Administrator
of the Mississippi Real Estate Commission, the consent stipulating that the
service of process or pleading shall be taken in all courts to be valid and
binding as if personal service had been made upon the nonresident licensee in
this state. The consent shall be duly acknowledged. Every nonresident
licensee shall consent to have any hearings conducted by the board pursuant to
Section 73-34-35 at a place designated by the board.
(2) Any service of process or pleading shall be served on the Administrator of the Mississippi Real Estate Commission by filing duplicate copies, one (1) of which shall be filed in the office of the board and the other forwarded by certified mail to the last known principal address of the nonresident licensee against whom such process or pleading is directed.
( * * *3) If, in the determination of the
board, another state or territory or the District of Columbia is deemed to have
substantially equivalent licensure laws for real estate appraisers, an
applicant for licensure in this state who is licensed under the law of such
other state, territory or district may obtain a license as a real estate
appraiser in this state upon such terms and conditions as may be determined by
the board provided that disciplinary proceedings are not pending against such
applicant in his state of licensure. The issuance of a license by reciprocity
to a military-trained applicant or military spouse shall be subject to the
provisions of Section 73-50-1.
SECTION 7. This act shall take effect and be in force from and after July 1, 2014.