Bill Text: MS SB2903 | 2012 | Regular Session | Enrolled
Bill Title: MS Real Estate Commission; may increase fees for licensure of appraisal management companies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-05-18 - Approved by Governor [SB2903 Detail]
Download: Mississippi-2012-SB2903-Enrolled.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Business and Financial Institutions; Accountability, Efficiency, Transparency
By: Senator(s) Jackson (15th)
Senate Bill 2903
(As Sent to Governor)
AN ACT TO AMEND SECTION 73-34-45, MISSISSIPPI CODE OF 1972, TO REVISE THE MAXIMUM FEES WHICH MAY BE CHARGED BY THE MISSISSIPPI REAL ESTATE COMMISSION FOR THE INITIAL AND RENEWAL LICENSES OF APPRAISAL MANAGEMENT COMPANIES; TO AMEND SECTION 73-34-103, MISSISSIPPI CODE OF 1972, TO REQUIRE AN APPLICANT FOR REGISTRATION AS AN APPRAISAL MANAGEMENT COMPANY TO SUBMIT A SURETY BOND PAYABLE TO THE STATE OF MISSISSIPPI, AND TO CLARIFY THAT THE REGISTRATION PERIOD IS ANNUAL INSTEAD OF BIENNIAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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.
LICENSURE FEES:
Application and examination........................ $225.00
Initial and renewal license........................ $325.00
Delinquent renewal penalty............. 100% of renewal fee
SERVICES:
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) 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.
(4) If any applicant for licensing for the examinations given under this chapter before January 1, 1991, prepays the examination fee before August 1, 1990, he shall pay a fee of One Hundred Seventy-five Dollars ($175.00) in lieu of the Two Hundred Twenty-five Dollars ($225.00) application and examination fee as stated in this section.
(5) The provisions of this section shall stand repealed on July 1, 2016.
SECTION 2. 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 Commission an application on a form or forms prescribed by the board accompanied by an original or certified copy of a surety bond payable to the State of Mississippi in the amount of Twenty Thousand Dollars ($20,000.00) for the use, benefit and indemnity of any person who suffers any damage or loss as a result of the appraisal management company's breach of contract or of any obligation arising therefrom or any violation of law.
(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; * * *
(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 board 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 Sections 73-34-101 through 73-34-131 shall be valid for one (1) year from the date on which it is issued.
(5) The provisions of this section shall stand repealed on July 1, 2016.
SECTION 3. This act shall take effect and be in force from and after July 1, 2012.
