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LB 139

Change provisions relating to the Real Property Appraiser Act and the Nebraska Appraisal Management Company Registration Act

109th Legislature (2025-2026) Introduced by George Dungan and 1 co-sponsor

LB 139 empowers the Nebraska Real Property Appraiser Board to use contingent dismissal agreements with remedial steps for violations, defining completion as not disciplinary.

Approved by Governor on March 11, 2025
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Bill Summary · LB 139

Summary — LB 139 (2025)

Title: Change provisions relating to the Real Property Appraiser Act and the Nebraska Appraisal Management Company Registration Act
Introduced: Jan 13, 2025 (Sen. George Dungan) — Cosponsor: Hallstrom
Status: Approved by Governor March 11, 2025

Purpose

LB 139 updates Nebraska law governing real property appraisers and appraisal management companies (AMCs). Its principal objective is to allow the Nebraska Real Property Appraiser Board to use contingent dismissal agreements with remedial measures as an alternative to traditional disciplinary actions, and to clarify and adjust certain AMC registration and owner-background-check provisions.

Key provisions and changes

  • Contingent dismissal agreements (Section 76-2239)

    • The Board may enter into contingent dismissal agreements with remedial measures with credential holders for violations of the Real Property Appraiser Act.
    • A successfully completed contingent dismissal agreement is expressly defined as not being a disciplinary action.
    • The Board retains authority to revoke, suspend, deny, or otherwise discipline credentials, issue cease-and-desist orders, and pursue formal complaints and hearings. The Board may also offer informal resolution opportunities, consent agreements, or negotiated settlements.

  • Appraisal Management Company registration and owner suitability (Section 76-3207)

    • Clarifies applicability of ownership and moral-character restrictions to AMCs (text revised to clarify who is covered).
    • Continues to prohibit AMC ownership (in whole or in part) by persons whose appraiser credential was refused, denied, canceled, revoked, or surrendered in lieu of revocation for substantive cause (unless reinstated by that jurisdiction).
    • Limits non‑qualified ownership: no more than 10% may be owned by a person lacking good moral character (e.g., conviction or nolo contendere plea for relevant felonies or crimes involving fraud/misrepresentation).
    • Requires each individual owner of more than 10% to submit fingerprint submissions (ink cards or approved electronic equivalents) at registration, renewal, or when identified by the Board if a national fingerprint-based criminal history check has not already been completed.
    • The Board (not the AMC) shall pay the Nebraska State Patrol the costs for conducting the fingerprint-based national criminal history record checks.

  • Miscellaneous (Section 76-3216)

    • Reinforces existing prohibitions on operating or holding out as an AMC in Nebraska without registration (amendment continues existing structure; full text partially truncated in documents).

Who is affected

  • Credentialed real property appraisers in Nebraska: new procedural option (contingent dismissal agreements) for resolving alleged violations without formal discipline.
  • Appraisal Management Companies and owners with >10% ownership: subject to clarified ownership restrictions, fingerprinting and criminal history checks; Board covers fingerprint-check costs.
  • Nebraska Real Property Appraiser Board: gains explicit authority to use contingent dismissal agreements and to administer criminal-history processes for AMC owners.

Procedural and timeline notes

  • Committee hearing: Jan 27, 2025 (Banking, Commerce & Insurance); advanced to General File.
  • Legislative actions: advanced through Enrollment & Review (ER6 adopted), placed on Final Reading Feb 24, passed Final Reading 48–0–1 on Mar 6, 2025; presented to Governor Mar 6; approved by Governor Mar 11, 2025.
  • Statutory changes amend: Neb. Rev. Stat. §§ 76-2239, 76-3207, 76-3216; original sections repealed as indicated in the act.

Potential impact

  • Provides the Board and credential holders an alternative to formal discipline that can emphasize remediation and avoid the collateral effects of a disciplinary record (notably federal reporting under Title XI).
  • Strengthens background screening for significant AMC owners while shifting the cost burden for fingerprint checks to the Board.
  • Clarifies regulatory scope for AMCs, potentially affecting ownership structuring and compliance procedures.

Compiled from official sources — confirm details with the bill’s official record.

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