Senate Bill No. 1353

Public Act No. 01-100

AN ACT CONCERNING REAL ESTATE APPRAISERS AND NONRESIDENT APPLICANTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 20-501 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No person shall act as a real estate appraiser or provisional appraiser or engage in the real estate appraisal business without the appropriate certification, license, limited license or provisional license issued by the commission, unless exempted by the provisions of sections 20-500 to 20-528, inclusive, as amended by this act.

(b) No person licensed as a limited appraiser shall perform an appraisal in connection with a federally related transaction, as defined in FIRREA. Notwithstanding any provision of this chapter: (1) Limited appraiser licenses and renewals of such limited appraiser licenses issued pursuant to [the provisions of] this chapter shall expire no later than September 30, 2006; [. No] and (2) no limited appraiser licenses shall be issued or renewed on or after October 1, 2006.

(c) Notwithstanding any provision of this chapter: (1) Licenses and renewals for licensed appraisers issued pursuant to this chapter shall expire no later than September 30, 2003; and (2) no such license shall be issued or renewed on or after October 1, 2003.

Sec. 2. Section 20-515 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A [nonresident of this state] person who is licensed in another state as a real estate appraiser may become a real estate appraiser in this state by conforming to all of the provisions of sections 20-500 to 20-528, inclusive, as amended by this act. The commission shall recognize a current, valid certification, license or provisional license, as the case may be, issued to a currently practicing, competent real estate appraiser by another state as satisfactorily qualifying such [nonresident] appraiser for a certification, license or provisional license, as the case may be, as a real estate appraiser under said sections, provided: (1) The laws of the state [of] in which such [nonresident] appraiser is [a resident require that applicants for certifications, licenses or provisional licenses, as the case may be, as real estate appraiser permit certifications, licenses or provisional licenses to be issued to residents] licensed allow certifications, licenses or provisional licenses, as the case may be, to be issued to a resident of this state, without examination, who is certified, licensed or provisionally licensed, as the case may be, under said sections [, without examination] 20-500 to 20-528, inclusive, as amended by this act, and (2) the certification, licensing and provisional licensing requirements of the state [of] in which such [nonresident] appraiser is [a resident] licensed are substantially similar to [,] or higher than those of this state, including establishment of competency by written examination in the case of licensed and certified appraisers, and such appraiser has no disciplinary proceeding or unresolved complaint pending against such [nonresident] appraiser. If the applicant is [a resident of] licensed in a state [which] that does not have such requirements, such applicant shall be certified, licensed or provisionally licensed by a state in accordance with Section 1116 of Title XI of FIRREA.

(b) Every [nonresident] applicant who is licensed in another state shall file an irrevocable consent that suits and actions may be commenced against such applicant in the proper court in any judicial district of the state in which a cause of action may arise or in which the plaintiff may reside, by the service of any process or pleading, authorized by the laws of this state, on the [chairman] chairperson of the commission, such consent stipulating and agreeing that such service of such process or pleading shall be taken and held in all courts to be as valid and binding as if service had been made upon such applicant in this state. If any process or pleadings mentioned in this chapter are served upon the [chairman] chairperson of the commission, it shall be by duplicate copies, one of which shall be filed in the office of the commission, and the other immediately forwarded by registered or certified mail, to the applicant against whom such process or pleadings are directed, at the last-known address of such applicant as shown by the records of the commission. No default in any such proceedings or action shall be taken unless it appears by affidavit of the [chairman] chairperson of the commission that a copy of the process or pleading was mailed to the defendant as required in this subsection, and no judgment by default shall be taken in any such action or proceeding within twenty days after the date of mailing of such process or pleading to the [nonresident] out-of-state defendant.

(c) The Commissioner of Consumer Protection, with the advice and assistance of the commission, pursuant to Section 1122(a) of Title XI of FIRREA, shall adopt [such reasonable] regulations, in accordance with chapter 54, as the commissioner deems necessary to effectuate certification, licensing and provisional licensing of [nonresident] persons who are licensed in other states as appraisers. Such certification, licensing and provisional licensing shall be recognized on a temporary basis in this state. The fee for a temporary certification, license or provisional license shall be one hundred dollars. The temporary certification, license or provisional license shall be effective for one hundred eighty days from issuance and may be extended for one additional period not to exceed one hundred eighty days for no additional fee.

Sec. 3. Section 20-317 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A [nonresident of this state] person licensed in another state as a real estate broker or salesperson may become a real estate broker or real estate salesperson in this state by conforming to all of the provisions of this chapter. The commission shall recognize a current, valid license issued to a currently practicing, competent real estate broker or real estate salesperson by another state as satisfactorily qualifying [him] the broker or salesperson for a license as a real estate broker or real estate salesperson under this chapter, provided (1) the laws of the state [of] in which [he] the broker or salesperson is [a resident] licensed require that applicants for licenses as real estate brokers and real estate salespersons [shall] establish their competency by written examinations and [permit] allow licenses to be issued to residents of the state of Connecticut, licensed under this chapter, without examination, (2) the licensure requirements of such state are substantially similar to or higher than those of this state, and (3) [such] the broker or salesperson has no disciplinary proceeding or unresolved complaint pending against [him] the broker or salesperson. If the applicant is [a resident of] licensed in a state [which] that does not have such [requirement] requirements, such applicant shall be required to pass the Connecticut portion of the real estate examination.

(b) Every [nonresident] applicant licensed in another state shall file an irrevocable consent that suits and actions may be commenced against such applicant in the proper court in any judicial district of the state in which a cause of action may arise or in which the plaintiff may reside, by the service of any process or pleading, authorized by the laws of this state, on the [chairman] chairperson of the commission, such consent stipulating and agreeing that such service of such process or pleading shall be taken and held in all courts to be as valid and binding as if service had been made upon such applicant in the state of Connecticut. If any process or pleadings under this chapter are served upon the [chairman] chairperson, it shall be by duplicate copies, one of which shall be filed in the office of the commission, and the other immediately forwarded by registered or certified mail, to the applicant against whom such process or pleadings are directed, at the last-known address of such applicant as shown by the records of the commission. No default in any such proceedings or action shall be taken unless it appears by affidavit of the [chairman] chairperson of the commission that a copy of the process or pleading was mailed to the defendant as required by this subsection, and no judgment by default shall be taken in any such action or proceeding within twenty days after the date of mailing of such process or pleading to the [nonresident] out-of-state defendant.

Approved June 6, 2001