18th July 2016

Minnesota, Louisiana and Illinois See Action on AMC Legislation

posted in Appraisal Management Companies |

Minnesota, Louisiana and Illinois all took action in late May on legislation concerning appraisal management companies, the Appraisal Institute reported June 8. The governors in two states signed AMC legislation into law while a third governor is reviewing the legislation proposed in his state.

Minnesota Gov. Mark Dayton on May 23 signed into law SF 2665, legislation that makes several changes to the state’s existing appraiser licensing and appraisal management company registration law, which originally was enacted in 2010.

The new law changes definitions to clarify that entities utilizing employee appraisers to complete appraisal assignments are not AMCs. The law also clarifies that entities with more than 15 independent contractor appraisers in Minnesota or more than 25 contractor appraisers in two or more states are AMCs and therefore subject to the state’s AMC registration and oversight law.

The new law also will require AMCs operating in Minnesota to compensate appraisers at a rate that is reasonable and customary or otherwise face disciplinary action by the state’s Department of Commerce. The legislation outlines how AMCs can satisfy the payment requirements. AMCs also will be required to pay appraisers within 30 days from the date that the appraiser provided their report to the AMC or 30 days from the date the AMC transmitted the report to their client, whichever comes first.

Additionally, the Minnesota law eliminates a provision in the state’s appraiser licensing and certification law that had permitted the Minnesota Department of Commerce to charge appraisers the costs of an investigation even if the investigation found no violations on the part of the appraiser.

In Louisiana, Gov. John Bel Edwards on May 26 signed into law HB 804, legislation that clarifies that AMCs are required to compensate appraisers in accordance with the reasonable and customary fee provisions contained in federal law. The law also gives the Louisiana Real Estate Appraisal Board the authority to collect from AMCs the required National Registry Fees.

The Illinois General Assembly on May 31 completed action on HB 3333, a bill that would create an Appraisal Management Recovery Fund to be used in lieu of the existing surety bond. This Fund will be used to provide restitution to Illinois state-credentialed appraisers when they have not been paid by a failed AMC but have obtained a final judgment from a court. The fund will be subsidized by a fee (up to $500) that each AMC operating in Illinois has to pay until such time as the fund reaches $500,000. Once that amount is reached, the fee will no longer be imposed unless claims are paid.

HB 3333 currently awaits consideration by Illinois Gov. Bruce Rauner.

Review Minnesota SF 2665.

Review Louisiana HB 804.

Review Illinois HB 3333.

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