AMC BILL PASSED
The Arizona AMC Bill Passed in the House (44-12 vote) on 4/29/10, at 7:25pm (in the 11th hour). The second regular session of the 49th Arizona Legislature adjourned sine die shortly after 11 p.m. Thursday, April 29th, the 109th day of the session. SB 1351, Appraisal Management Regulation was the last bill to be read in the House.and it passed.
Our AMC Bill passed without our amendment due to time constraints and other unforeseen issues at the legislature in the past few weeks. The bill was held up, not because of opposition, but because of other significant legislation in the House that was consuming the time of the legislators. We had to make a tough decision in the 11th hour and that decision was to move forward with our bill as-is since time did not allow for the Amendment re-write and Senate confirmation process.
Arizona now has AMC legislation in place and that is a start to improving the appraisal profession in our state! We feel confident that some of your concerns about possible weaknesses in the bill will be addressed through the Rules process and those that are not will be addressed in an Amendment this fall. During the Rules process we will investigate other recent states laws and rules and look at modifications, if any, that the AZ AMC law will require. CoAA's legislative team is ready for the next step, and that is to help in the writing of Rules and in discovery. We understand that Utah and California are going back for modifications, and Nevada and New Mexico have been successful in passing AMC Amendment Bills. As with any new legislation, modifications will need to be made as they are discovered. Any CoAA members that want to be a part of the Rules committee or future legislative processes are encouraged to come to the next CoAA board meeting on 5/11/10 (see website for details), and/or write us at: info@azcoaa.us.
So, where are we? The AMC bill will go to the governor for signing. The Governor has ten days after adjournment and excluding Sundays to act on bills. The report on final disposition of bills will follow, with a minimum of 90-days allowed for Rules making prior to the bill becoming effective.
What's next? CoAA plans on amending the AMC Bill, as needed, in the next legislative session and with that will incorporate any appraisal law changes that need to be made. Since the AMC regulation is under the Appraisal Law Statute, these items can be addressed together. CoAA will be working with the new AZ Board Executive Director and the Appraisal Board to help create positive change in the very near future.
Thanks to all of the CoAA team players that made this happen! We have come a long way in a short time and we should be proud of our accomplishments thus far. We still have a lot of work to do and are looking for volunteers! Join CoAA come one of our team and be a part of the solution to improve the appraisal profession!
Sue S. Miller
President, CoAA
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~CoAA update with our AMC Bill~
CONGRATULATIONS CoAA Team!
Coalition of Arizona Appraisers NEWS FLASH
The Coalition of Arizona Appraisers AMC Bill was passed in the Senate Commerce Committee hearing 2/23/10.
Good job Legislative Committee! And a SPECIAL THANKS to all of you for writing the Senate Commerce Committee members to ask for their support of our bill !!!
Next the AZ AMC Bill will be reviewed by the Rules Committee, then discussed in both the Republican and Democratic Senate caucuses. After that, it will be presented to the full Senate in what is called Committee of the Whole (COW), where the amendments approved by the Commerce Committee are adopted. Then the Senate takes a formal vote on the bill as amended.
After that, if all goes well, the AMC Bill with go off to the House where the process is repeated.
CLICK HERE TO SEE THE BILL AND TRACK ITS PROGRESS:
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=sb1351
Also…..The Arizona Mortgage Brokers Association supported our Bill!
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Greetings Everyone,
On Tuesday, 2/16/10, CoAA met at the Senate regarding our AMC Bill (SB 1351) but we were disappointed to hear that the Senate Commerce Committee decided to table our bill from being heard. They requested that we meet with the Stakeholders to work out our differences. The Stakeholders consisted of RELS (Tim O’Brian), Quantrix (Wes McDaniel), and AZ Bankers Association Lobbyist (Stacy Lang.) Our team consisted of CoAA’s Government Relations Committee (Jay Delich, Ann Susko and Peter Martori), President of CoAA (Sue Miller), AI Lobbyist (Elaine Arena) and CoAA’s lobbyist (Jack LaSota.)
We received a letter of concern from LPS (a Parent Company of LSI) last Friday, and had a conference call with RELs, LPS & Quantrix last Thursday as well, where they spelled out their items of concern (oppositions). They had been the only opposition thus far, but at the Senate Meeting the AZ Bankers Association showed up on their side, which should be a given since the big banks own both the AMCs and AZ Bankers Association.
Jay, Ann and I worked on our response and amendment to the stakeholders opposition on Saturday, and Jay got our responses to our lobbyist on Sunday to be reviewed and filed. But, since Monday was a holiday the amendments did not get entered in time for the hearing today. With that, the Senate Chair asked that both sides sit down to try to come to an agreement.
The Stakeholders and CoAA’s team spent over 2 hours going through the items of opposition and came to agreement on nearly all items. We made several concessions that were non-consequential to the appraiser, i.e., verbiage corrections and allowing the AMC to have an appeal process on their complaints. We are still dealing with several other items however, including the definition of an AMC vs Appraiser, and how we can exclude large appraisal shops from registering as AMCs, yet make sure Appraiser owned AMCs are included in the registration requirement process. They also requested a 30-day period to pay Or “Per Agreement” which we would not accept. We settled on our terms for the appraiser to be paid within 45-days. We are working on language for a class requirement for AMC employees too, which will be different for those ordering appraisals versus those reviewing appraisals. We will do our best to hold our ground and get a solid bill passed.
We are going to work on some tactical moves too, to get the Mtg Lenders Association and Realtors on board with us. They have not yet made a position on the bill.
Our goal is to have an acceptable bill prepared by the end of this week. We are hoping the Senate Commerce Committee will approve our bill next week for it to move forward. We will keep you posted through this process.
We are pressing forward! We are positive! We thank everyone for writing the Senators in support of our bill!
Please contact us with any questions, concerns or suggestions.
information@azcoaa.us
Thank you again for your support!
Sue S. Miller
President, CoAA
The Coalition of Arizona Appraisers AMC BILL is on the move!
Senator Jay Tibshraeny, Representative Michele Reagan and Senator Barbara Leff have scheduled a hearing for the AMC Bill in the Senate Commerce & Economic Development Committee on Tuesday, February 16th.
The Coalition (CoAA) will speak to the Senate on behalf of the Arizona appraiser, and will identify the problems with the AMC business model and the explain the damages it has done to the appraisal profession. Lobbyist Jack LaSota, of LaSota & Peters will be present legal and consumer benefits to regulation of AMCs and will point to the nationwide movement of AMC licensing, and the need for accountability and transparency of these non-regulated companies.
Elaine Arena has been working along side the LaSota & Peters firm, lobbying on behalf the of Arizona Appraiser. Elaine is the lobbyist for the Appraisal Institute Phoenix Chapter. CoAA members Jay Delich and Ann Susko have spent numerable hours writing the AMC Bill and we give them special thanks and also thank their committee for all their input and hard work!
Now is the time to stand up for your profession! Please call and/or e-mail members of the state Senate Commerce Committee and let them know how AMC’s are currently hurting the appraisal profession and lending industry!
This bill helps resolve problems created by the implementation of the Home Valuation Code of Conduct (HVCC). This code was adopted by FNMA and Freddie Mac after negotiations with the New York attorney general in March of 2008. This code has led to unforeseen consequences for consumers, appraisers, realtors and others.
Since implementation of HVCC, the majority of appraisal assignments for lending purposes are now placed through Appraisal Management Companies (AMC’s). Banks, mortgage lenders, title companies, real estate agents and appraisers are highly regulated. Appraisal management companies are currently unregulated in Arizona.
Consumers expect a competent and fair appraisal of their home or commercial property. But the management practices of many AMCs have devalued appraisers and many of the AMCs are skimming 50-60% off the appraiser fees, causing many experienced appraisers to leave the profession. Bad management practices can also lead to disastrous financial consequences for consumers and for our banking system.
SB 1351 requires AMCs to register with the Appraiser Certification and License Board and establishes standards for AMCs. Seven states have already adopted AMC regulation: Arkansas, California, Louisiana, Nevada, New Mexico, Utah and North Carolina, and 23 other states are in the process of implementing legislation right now.