Bill Text: MS SB2901 | 2012 | Regular Session | Introduced

---

Bill Title: Appraisal management companies; clarify that registration period is valid for one year.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-06 - Died In Committee [SB2901 Detail]

Download: Mississippi-2012-SB2901-Introduced.html

---

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Business and Financial Institutions

By: Senator(s) Jackson (15th)

Senate Bill 2901

AN ACT TO AMEND SECTION 73-34-103, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT REGISTRATION GRANTED BY THE MISSISSIPPI REAL ESTATE COMMISSION FOR APPRAISAL MANAGEMENT COMPANIES SHALL BE VALID FOR ONE YEAR INSTEAD OF TWO YEARS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-34-103, Mississippi Code of 1972, is amended as follows:

     73-34-103.  (1)  It is unlawful for a person to directly or indirectly engage or attempt to engage in business as an appraisal management company in this state or to advertise or hold itself out as engaging in or conducting business as an appraisal management company in this state without first obtaining a registration issued by the Mississippi Real Estate Appraiser Licensing and Certification Board under the provisions of this chapter.

          (a)  An applicant for registration as an appraisal management company in this state shall submit to the Mississippi Real Estate Appraiser Licensing and Certification Board an application on a form or forms prescribed by the board.

          (b)  In the event a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this state may continue to conduct business in accordance with Sections 73-34-101 through

73-34-131 until one hundred twenty (120) days after a registration process becomes available.

     (2)  An application for the registration required by subsection (1) of this section shall, at a minimum, include:

          (a)  The name of the person seeking registration and the fictitious name or names under which he does business in any state;

          (b)  The business address of the entity seeking registration;

          (c)  The phone contact information of the entity seeking registration;

          (d)  If the person is not a corporation that is domiciled in this state, the name and contact information for the person's agent for service of process in this state; and

          (e)  The name, address, and contact information for any individual or any corporation, partnership, or other business entity that owns ten percent (10%) or more of the appraisal management company;

          (f)  The name, address, and contact information for one (1) controlling person designated as the main contact for all communication between the appraisal management company and the commission;

          (g)  A certification that the person has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company holds a license in good standing in this state under the Real Estate Appraiser Licensing and Certification Act if a license or certification is required to perform appraisals;

          (h)  A certification that the person requires appraisers completing appraisals at its request to comply with the Uniform Standards of Professional Appraisal Practice (USPAP), including the requirements for geographic and product competence;

          (i)  A certification that the person has a system in place to verify that only licensed or certified appraisers are used for federally related transactions;

          (j)  A certification that the person has a system in place to require that appraisals are conducted independently and free from inappropriate influence and coercion as required by the appraisal independence standards established under Section 129E of the Truth in Lending Act, including the requirements for payment of a reasonable and customary fee to appraisers when the appraisal

management company is providing services for a consumer credit transaction secured by the principal dwelling of a consumer;

          (k)  A certification that the person maintains a detailed record of each service request that it receives

and the appraiser that performs the residential real estate appraisal services for the appraisal management company;

          (l)  An irrevocable Consent to Service of Process required under Section 73-34-107;

          (m)  Any other information required by the commission which is reasonably necessary to implement Sections 73-34-101 through 73-34-131.

     (3)  An application for the renewal of a registration shall include substantially similar information required for the initial registration as noted in subsection (2), as determined by the board.

 * * *

     (4)  A registration granted by the commission under the provisions of this act shall be valid for one (1) year from the date on which it is issued.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.

---