House File 1012 H-1248 Amend House File 1012 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 NATURAL HAZARD MITIGATION FINANCING PROGRAM 5 Section 1. NEW SECTION . 16.230 Definitions. 6 1. “Department” means the department of homeland security 7 and emergency management. 8 2. “Fund” means the natural hazard mitigation revolving loan 9 fund created in section 29D.4. 10 3. “Loan recipient” means the same as defined in section 11 29D.2. 12 4. “Program” means the natural hazard mitigation financing 13 program created in section 29D.3. 14 5. “Project” means the same as defined in section 29D.2. 15 Sec. 2. NEW SECTION . 16.231 Funds and accounts —— program 16 funds and accounts not part of state general fund. 17 1. The department, in consultation with the authority, 18 may establish and maintain funds or accounts determined to 19 be necessary to carry out the purposes of chapter 29D and 20 shall provide for the funding, administration, investment, 21 restrictions, and disposition of the funds and accounts. 22 Any moneys appropriated to the department and the authority 23 for purposes of paying the costs and expenses associated 24 with the administration of the program shall be administered 25 as determined by the department in consultation with the 26 authority. 27 2. The funds or accounts held by the department or the 28 authority, or a trustee acting on behalf of the department or 29 the authority pursuant to a trust agreement related to the 30 program, shall not be considered part of the general fund of 31 the state, are not subject to appropriation for any other 32 purpose by the general assembly, and in determining a general 33 fund balance shall not be included in the general fund of the 34 state, but shall remain in the funds and accounts maintained 35 -1- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 1/ 92 #1.
by the department or the authority, or a trustee pursuant to a 1 trust agreement. Funds and accounts held by the department or 2 the authority, or a trustee acting on behalf of the department 3 or the authority pursuant to a trust agreement related to the 4 program, are separate dedicated funds and accounts under the 5 administration and control of the department in consultation 6 with the authority. 7 Sec. 3. NEW SECTION . 16.232 Program funding —— bonds and 8 notes. 9 1. The authority shall cooperate with the department in the 10 creation, administration, and financing of the program. 11 2. The authority may issue bonds and notes for the purpose 12 of funding the fund and the state matching funds required 13 pursuant to the federal Robert T. Stafford Disaster Relief 14 and Emergency Assistance Act, Pub. L. No. 93-288, as amended, 15 42 U.S.C. §5121 et seq. The authority may enter into one or 16 more loan agreements or purchase agreements with one or more 17 bondholders or noteholders containing the terms and conditions 18 of the repayment of, and the security for, each bond or note. 19 The authority and each bondholder or noteholder, or a trustee 20 agent designated by the authority, may enter into an agreement 21 to provide for any of the following: 22 a. That the proceeds of the bond or note and the investments 23 of the proceeds may be received, held, and disbursed by the 24 authority or by a trustee or agent designated by the authority. 25 b. That the bondholder or noteholder, or a trustee or 26 agent designated by the authority, may collect, invest, and 27 apply the amount payable under the loan agreement or any other 28 instruments securing the debt obligations under the loan 29 agreement. 30 c. That the bondholder or noteholder may enforce the 31 remedies provided in the loan agreement or other instruments on 32 the bondholder’s or noteholder’s behalf without the appointment 33 or designation of a trustee. If there is a default in the 34 principal of, or interest on, the bond or note or in the 35 -2- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 2/ 92
performance of any agreement contained in the loan agreement or 1 other instrument, the payment or performance may be enforced in 2 accordance with the loan agreement or other instrument. 3 d. Other terms and conditions as deemed necessary or 4 appropriate by the authority. 5 3. Chapter 16, except to the extent inconsistent with this 6 section, shall apply to bonds or notes issued, and powers 7 granted to the authority, under this section. Section 16.28, 8 subsection 4, shall not apply to this section. 9 4. All bonds or notes issued by the authority in connection 10 with the program are exempt from taxation by this state and the 11 interest on the bonds or notes is exempt from state income tax. 12 Sec. 4. NEW SECTION . 16.233 Security —— reserve funds —— 13 pledges —— nonliability. 14 1. The authority may provide in the resolution, trust 15 agreement, or other instrument authorizing the issuance of 16 bonds or notes pursuant to chapter 29D that the principal of, 17 premium, and interest on the bonds or notes are payable from 18 any of the following and may pledge the same to the authority’s 19 bonds or notes: 20 a. The income and receipts or other moneys derived from the 21 projects financed with the proceeds of the bonds or notes. 22 b. The income and receipts or other moneys derived from 23 designated projects whether or not the projects are financed in 24 whole or in part with the proceeds of the bonds or notes. 25 c. The amounts on deposit in the fund. 26 d. The amounts payable to the authority by loan recipients 27 pursuant to loan agreements with loan recipients. 28 e. Any other funds or accounts established by the authority 29 in connection with the program or the sale and issuance of the 30 authority’s bonds or notes. 31 2. The authority may establish reserve funds to secure 32 one or more issues of its bonds or notes. The authority may 33 deposit in a reserve fund established under this subsection 34 the proceeds of the sale of the authority’s bonds or notes and 35 -3- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 3/ 92
other moneys which are made available from any other source. 1 3. It is the intention of the general assembly that a pledge 2 made in respect of bonds or notes shall be valid and binding 3 from the time the pledge is made, that the moneys or property 4 so pledged and received after the pledge by the authority 5 shall immediately be subject to the lien of the pledge without 6 physical delivery or further act, and that the lien of the 7 pledge shall be valid and binding as against all parties having 8 claims of any kind in tort, contract, or otherwise against 9 the authority whether or not the parties have notice of the 10 lien. Neither the resolution, trust agreement, nor any other 11 instrument by which a pledge is created needs to be recorded or 12 filed under the Iowa uniform commercial code, chapter 554, to 13 be valid, binding, or effective against the parties. 14 4. Neither the members of the authority nor persons 15 executing the bonds or notes are liable personally on the bonds 16 or notes or are subject to personal liability or accountability 17 by reason of the issuance of the bonds or notes. 18 5. The bonds or notes issued by the authority are not 19 an indebtedness or other liability of the state or of a 20 political subdivision of the state within the meaning of any 21 constitutional or statutory debt limitations but are special 22 obligations of the authority, and are payable solely from 23 the income and receipts or other funds or property of the 24 authority, and the amounts on deposit in the revolving loan 25 funds, and the amounts payable to the authority under the 26 authority’s loan agreements with loan recipients to the extent 27 that the amounts are designated in the resolution, trust 28 agreement, or other instrument of the authority authorizing the 29 issuance of the bonds or notes as being available as security 30 for such bonds or notes. The authority shall not pledge the 31 faith or credit of the state or of a political subdivision of 32 the state to the payment of any bonds or notes. The issuance 33 of any bonds or notes by the authority does not directly, 34 indirectly, or contingently obligate the state or a political 35 -4- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 4/ 92
subdivision of the state to apply moneys from, or levy or 1 pledge any form of taxation to the payment of the bonds or 2 notes. 3 Sec. 5. NEW SECTION . 29D.1 Short title. 4 This chapter shall be known and may be cited as the “Natural 5 Hazard Mitigation Financing Program” . 6 Sec. 6. NEW SECTION . 29D.2 Definitions. 7 As used in this chapter, unless the context otherwise 8 requires: 9 1. “Authority” means the Iowa finance authority created in 10 section 16.1A. 11 2. “Cost” means all costs or indebtedness incurred by a loan 12 recipient and determined by the department as reasonable and 13 necessary for carrying out all work necessary or incidental to 14 the accomplishment of a project. 15 3. “Department” means the department of homeland security 16 and emergency management. 17 4. “Director” means the director of the department of 18 homeland security and emergency management. 19 5. “Eligible entity” means a person that is eligible under 20 the STORM Act to receive a loan under the program. 21 6. “Fund” means the natural hazard mitigation revolving loan 22 fund created in section 29D.4. 23 7. “Loan recipient” means an eligible entity that has 24 received a loan from the fund. 25 8. “Municipality” means a city, county, sanitary district, 26 state agency, or other governmental body or corporation, or any 27 combination of two or more governmental bodies or corporations 28 acting jointly, in connection with a project. 29 9. “Private entity” means a corporation, limited liability 30 company, trust, estate, partnership, association, or any 31 other legal entity or a legal representative, agent, officer, 32 employee, or assignee of such entity. “Private entity” does not 33 include any of the following: 34 a. An individual, municipality, or city utility as that term 35 -5- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 5/ 92
is defined in section 362.2. 1 b. A public water supply system as defined in section 2 455B.171. 3 c. A qualified entity as defined in section 384.84, 4 subsection 2. 5 10. “Program” means the natural hazard mitigation financing 6 program created in section 29D.3. 7 11. a. “Project” means an activity or set of activities, 8 in accordance with the limitations set forth in the STORM Act, 9 that mitigate the impact of natural hazards, including but not 10 limited to: 11 (1) Drought and prolonged episodes of intense heat. 12 (2) Severe storms, including tornadoes, windstorms, and 13 severe winter storms. 14 (3) Wildfires. 15 (4) Earthquakes. 16 (5) Flooding. 17 (6) Shoreline erosion. 18 (7) High water levels. 19 (8) Storm surges. 20 b. “Project” may include but is not limited to any of the 21 following: 22 (1) The construction, repair, or replacement of a 23 nonfederal levee or other flood control structure, provided 24 that the administrator of the federal emergency management 25 agency, in consultation with the United States army corps of 26 engineers, if appropriate, requires an eligible entity to 27 determine that such levee or other flood control structure is 28 designed, constructed, and maintained in accordance with sound 29 engineering practices and standards equivalent to the purpose 30 for which such levee or structure is intended. 31 (2) Zoning and land use planning changes. 32 (3) Establishing and enforcing building codes. 33 12. “Safeguarding tomorrow through ongoing risk mitigation 34 Act” , or “STORM Act” , means the federal Robert T. Stafford 35 -6- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 6/ 92
Disaster Relief and Emergency Assistance Act, Pub. L. No. 1 93-288, as amended, 42 U.S.C. §5121 et seq. 2 Sec. 7. NEW SECTION . 29D.3 Natural hazard mitigation 3 financing program. 4 1. The natural hazard mitigation financing program is 5 created for the purpose of making loans available to eligible 6 entities to finance all or part of the costs of a project. 7 2. The program shall be a joint and cooperative undertaking 8 of the department and the authority. The department and 9 the authority may enter into any agreements, documents, 10 instruments, certificates, data, or information as necessary 11 for the operation, administration, and financing of the program 12 consistent with this chapter, chapter 16, subchapter X, part 13 11, the STORM Act, the rules promulgated under chapter 17A by 14 the department in consultation with the authority, and any 15 other applicable federal or state laws. The authority and the 16 department may act to conform the program to the applicable 17 guidance and regulations adopted by the federal emergency 18 management agency. 19 Sec. 8. NEW SECTION . 29D.4 Natural hazard mitigation 20 revolving loan fund. 21 1. A natural hazard mitigation revolving loan fund is 22 created in the state treasury under the control of the 23 department in consultation with the authority. The revolving 24 loan fund is a separate dedicated fund under the administration 25 and control of the department in consultation with the 26 authority and shall be subject to section 16.31. Moneys 27 on deposit in the revolving loan fund shall be invested by 28 the treasurer of state in cooperation with the department, 29 in consultation with the authority, and the income from the 30 investments shall be credited to and deposited in the revolving 31 loan fund. 32 2. a. The fund shall consist of moneys appropriated by 33 the general assembly, moneys received by the fund through the 34 federal emergency management agency and the STORM Act, moneys 35 -7- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 7/ 92
received as repayment of loan principal and interest from loans 1 paid for by the fund, and all other moneys received by the fund 2 from any other source. Notwithstanding section 8.33, moneys in 3 the fund that remain unencumbered or unobligated at the close 4 of the fiscal year shall not revert but shall remain available 5 for expenditure for the purposes designated. Notwithstanding 6 section 12C.7, subsection 2, interest or earnings on moneys in 7 the fund shall be credited to the fund. 8 b. Moneys in the fund are appropriated to the department to 9 provide loans to eligible entities pursuant to section 29D.9, 10 and for administration of the program as permitted under the 11 STORM Act. Moneys in the fund shall not be used to provide a 12 loan to a private entity for the acquisition of real property. 13 Moneys in the fund shall not be considered part of the general 14 fund of the state subject to appropriation for any other 15 purpose by the general assembly, and in determining a general 16 fund balance, shall not be included in the general fund of 17 the state subject to section 16.31, insofar as section 16.31 18 complies with the STORM Act. 19 Sec. 9. NEW SECTION . 29D.5 Director —— powers and duties. 20 The director shall do all of the following: 21 1. Process and review each intended use plan application 22 to determine if the intended use plan application meets the 23 eligibility requirements promulgated by the department by rule, 24 and approve or deny the application. 25 2. Process and review all documents relating to the 26 planning, design, construction, and operation of each project. 27 3. Prepare and process, in coordination with the authority, 28 documents relating to the administration of the program. 29 4. Prepare an annual budget for administration of the 30 program. 31 5. Receive program fees as determined in conjunction with 32 the authority. 33 6. Perform other acts and assume other duties and 34 responsibilities necessary for the administration of the 35 -8- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 8/ 92
program and compliance with the STORM Act. 1 Sec. 10. NEW SECTION . 29D.6 Intended use plans —— 2 capitalization grants —— accounting. 3 1. For the fiscal year beginning July 1, 2025, and each 4 fiscal year thereafter, the department may prepare and deliver 5 intended use plans to, and enter into capitalization grant 6 agreements with, the administrator of the federal emergency 7 management agency under the terms and conditions set forth 8 in the STORM Act and federal regulations adopted pursuant to 9 the STORM Act, and may accept capitalization grants for the 10 fund in accordance with payment schedules established by the 11 administrator. All payments from the administrator shall be 12 deposited into the fund. 13 2. The department, in consultation with the authority, 14 shall establish fiscal controls and accounting procedures 15 during appropriate accounting periods for payments received for 16 deposit into, and disbursements made from, the fund, and to 17 fund balances at the beginning and end of an accounting period. 18 Sec. 11. NEW SECTION . 29D.7 Authority —— loan application 19 review and approval. 20 1. The department and the authority shall review each 21 loan application to determine if the applicant is an eligible 22 entity and qualifies for a loan pursuant to eligibility 23 requirements established by rule promulgated by the department 24 and the authority, and in accordance with the intended use plan 25 applications approved by the director under section 29D.6. 26 2. The authority, in cooperation with the department, shall 27 determine the interest rate and repayment terms for each loan 28 made under the program and the authority shall enter into a 29 loan agreement with each loan recipient in compliance with 30 the Clean Water Act as defined in section 455B.291, the Safe 31 Drinking Water Act as defined in section 455B.291, the STORM 32 Act, and any other applicable state or federal law. 33 3. The authority may charge loan recipients fees and assess 34 costs as deemed necessary by the authority for the continued 35 -9- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 9/ 92
operation of the program. Fees and costs collected pursuant 1 to this subsection shall be deposited in the fund described in 2 section 29D.4. 3 Sec. 12. NEW SECTION . 29D.8 Loans to eligible entities. 4 1. Moneys deposited in the fund shall be used for the 5 primary purpose of making loans to eligible entities to finance 6 eligible costs of projects in accordance with the intended 7 use plans prepared and delivered to the administrator of the 8 federal emergency management system by the department under 9 section 29D.6. The loan recipients and the purpose and amount 10 of the loans shall be determined by the director, in compliance 11 with the STORM Act and other applicable federal law, and any 12 resolution, agreement, indenture, or other document of the 13 authority, and rules adopted by the authority relating to any 14 bonds, notes, or other obligations issued for the program which 15 may be applicable to the loan. 16 2. Notwithstanding any provision of this chapter to the 17 contrary, moneys received under the federal American Recovery 18 and Reinvestment Act of 2009, Pub. L. No. 111-5, and deposited 19 in the fund may be used in any manner permitted or required by 20 applicable federal law. 21 Sec. 13. NEW SECTION . 29D.9 Rules. 22 The department, in consultation with the authority, shall 23 adopt rules pursuant to chapter 17A to administer this chapter. 24 Sec. 14. Section 422.7, subsection 2, Code 2025, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . u. Natural hazard mitigation financing 27 program bonds pursuant to section 16.232, subsection 4. 28 Sec. 15. CODE EDITOR DIRECTIVE. The Code editor shall 29 designate sections 16.230 through 16.233, as enacted in this 30 division of this Act, as part 11 of chapter 16, subchapter X, 31 entitled “Natural Hazard Mitigation Financing Program”. 32 DIVISION II 33 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM 34 Sec. 16. Section 16.57B, subsection 1, paragraph a, Code 35 -10- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 10/ 92
2025, is amended to read as follows: 1 a. “Disaster-affected home” means a primary residence 2 that is destroyed or damaged due to a natural disaster that 3 occurs on or after June 16, 2021, and the primary residence 4 is located in a county that is the subject of a state of 5 disaster emergency proclamation by the governor that authorizes 6 disaster recovery housing assistance. The state of disaster 7 emergency proclamation shall specify if disaster recovery 8 housing assistance is available to homeowners, renters, or both 9 homeowners and renters. 10 Sec. 17. Section 16.57B, subsection 1, Code 2025, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . 0b. “Financial assistance” means assistance 13 provided only from the funds, rights, and assets legally 14 available to the authority pursuant to this chapter and 15 includes but is not limited to assistance in the form of 16 grants, loans, and forgivable loans. 17 Sec. 18. Section 16.57B, subsection 2, paragraph a, 18 subparagraph (1), Code 2025, is amended to read as follows: 19 (1) A disaster recovery housing assistance fund is created 20 within the authority. The moneys in the fund shall be used by 21 the authority for the development and operation of a forgivable 22 loan and grant program for to award financial assistance to 23 homeowners and renters with disaster-affected homes, and for 24 the eviction prevention program pursuant to section 16.57C . 25 Sec. 19. Section 16.57B, subsection 2, paragraph c, Code 26 2025, is amended to read as follows: 27 c. The authority shall not use more than five percent of the 28 moneys in deposited into the fund on July 1 of a fiscal year 29 under paragraph “b” for purposes of administrative costs and 30 other program support during the fiscal year . 31 Sec. 20. Section 16.57B, subsection 3, paragraph a, Code 32 2025, is amended to read as follows: 33 a. The authority shall establish and administer a disaster 34 recovery housing assistance program and shall use moneys in the 35 -11- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 11/ 92
fund to award forgivable loans financial assistance to eligible 1 homeowners and grants to eligible renters of disaster-affected 2 homes. Moneys in the fund may be expended following a state 3 of disaster emergency proclamation by the governor pursuant 4 to section 29C.6 that authorizes disaster recovery housing 5 assistance. The governor, by state of disaster emergency 6 proclamation, shall specify if disaster recovery housing 7 assistance is available to homeowners, renters, or both 8 homeowners and renters. 9 Sec. 21. Section 16.57B, subsections 4, 5, 6, and 7, Code 10 2025, are amended to read as follows: 11 4. Registration required . To be considered for a forgivable 12 loan or grant under the program, a A homeowner or renter must 13 may register for the disaster case advocacy program established 14 pursuant to section 29C.20B . The disaster case manager may 15 refer the homeowner or renter to the appropriate local program 16 administrator. 17 5. Homeowners. 18 a. To be eligible for a forgivable loan financial assistance 19 under the program, all of the following requirements shall 20 apply: 21 (1) The homeowner’s disaster-affected home must have 22 sustained damage greater than the damage that is covered by the 23 homeowner’s property and casualty insurance policy insuring the 24 home plus any other state or federal disaster-related financial 25 assistance that the homeowner is eligible to receive. 26 (2) A local official must either deem the disaster-affected 27 home suitable for rehabilitation or damaged beyond reasonable 28 repair. 29 (3) The disaster-affected home is not eligible for buyout by 30 the county or city where the disaster-affected home is located, 31 or the disaster-affected home is eligible for a buyout by the 32 county or city where the disaster-affected home is located, 33 but the homeowner is requesting a forgivable loan financial 34 assistance for the repair or rehabilitation of the homeowner’s 35 -12- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 12/ 92
disaster-affected home in lieu of a buyout. 1 (4) Assistance Financial assistance under the program must 2 not duplicate benefits provided by any local, state, or federal 3 disaster recovery assistance program. 4 b. If a homeowner is referred to the authority or to a 5 local program administrator by the disaster case manager of 6 the homeowner, the The authority may award a forgivable loan 7 financial assistance to the eligible homeowner for any of the 8 following purposes: 9 (1) Repair or rehabilitation of the disaster-affected home. 10 The disaster-affected home to be repaired or rehabilitated 11 shall not be located in a one-hundred-year floodplain. 12 (2) (a) Down payment assistance on the purchase of 13 replacement housing, and the cost of reasonable repairs to be 14 performed on the replacement housing to render the replacement 15 housing decent, safe, sanitary, and in good repair. 16 (b) Replacement housing shall not be located in a 17 one-hundred-year floodplain. 18 (c) For purposes of this subparagraph, “decent, safe, 19 sanitary, and in good repair” means the same as described in 24 20 C.F.R. §5.703. 21 c. The authority shall determine the interest rate for the 22 any financial assistance awarded in the form of a loan or a 23 forgivable loan. 24 d. If a homeowner who has been awarded a loan or a 25 forgivable loan sells a disaster-affected home or replacement 26 housing for which the homeowner received the loan or forgivable 27 loan prior to the end of the loan term, the remaining principal 28 on the loan or forgivable loan shall be due and payable 29 pursuant to rules adopted by the authority. 30 6. Renters. 31 a. To be eligible for a grant financial assistance under the 32 program, all of the following requirements shall apply: 33 (1) A local program administrator either deems 34 the disaster-affected home of the renter suitable for 35 -13- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 13/ 92
rehabilitation but unsuitable for current short-term 1 habitation, or the disaster-affected home is damaged beyond 2 reasonable repair. 3 (2) Assistance Financial assistance under the program must 4 not duplicate benefits provided by any local, state, or federal 5 disaster recovery assistance program. 6 b. If a renter is referred to the authority or to a 7 local program administrator by the disaster case manager of 8 the renter, the The authority may award a grant financial 9 assistance to the eligible renter to provide short-term 10 financial assistance for the payment of rent for replacement 11 housing. 12 7. Report. On or before January 31 of each year, or as part 13 of the annual report under section 16.7 , the authority shall 14 submit a report to the general assembly that identifies all of 15 the following for the calendar year immediately preceding the 16 year of the report: 17 a. The date of each state of disaster emergency proclamation 18 by the governor that authorized disaster recovery housing 19 assistance under this section , and if disaster recovery housing 20 assistance was made available to homeowners, renters, or both 21 homeowners and renters . 22 b. The total number of forgivable loans and grants financial 23 assistance awards awarded. 24 c. The total number of forgivable loans financial assistance 25 awards , and the amount of each loan financial assistance award 26 awarded for repair or rehabilitation. 27 d. The total number of forgivable loans financial assistance 28 awards , and the amount of each loan financial assistance 29 award , awarded for down payment assistance on the purchase of 30 replacement housing and the cost of reasonable repairs to be 31 performed on the replacement housing to render the replacement 32 housing decent, safe, sanitary, and in good repair. 33 e. The total number of grants, and the amount of each grant, 34 awarded for rental assistance. 35 -14- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 14/ 92
f. The total number of loans, forgivable loans , and grants 1 awarded in each county in which at least one homeowner or 2 renter has been awarded a loan, forgivable loan , or grant. 3 g. Each local program administrator involved in the 4 administration of the program. 5 h. The total amount of loan and forgivable loan principal 6 repaid. 7 Sec. 22. Section 16.57D, subsections 1 and 2, Code 2025, are 8 amended to read as follows: 9 1. Establish the maximum loan, forgivable loan , and grant 10 amounts awarded under the program. 11 2. Establish the terms of any loan or forgivable loan 12 provided under the program. 13 DIVISION III 14 DISASTER RECOVERY NEW HOUSING PROGRAM 15 Sec. 23. Section 422.7, Code 2025, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 45. a. Subtract, to the extent included, 18 the amount of any qualifying state disaster recovery new 19 housing grant issued to an individual or business by the 20 economic development authority. 21 b. For purposes of this subsection, “qualifying state 22 disaster recovery new housing grant” means an award of a state 23 disaster recovery new housing grant that was applied for 24 between August 20, 2024, and December 31, 2024, and approved 25 and issued by the economic development authority. 26 c. This subsection is repealed January 1, 2028. 27 Sec. 24. Section 422.35, Code 2025, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 14. a. Subtract, to the extent included, 30 the amount of any qualifying state disaster recovery new 31 housing grant issued to a business by the economic development 32 authority. 33 b. For purposes of this subsection, “qualifying state 34 disaster recovery new housing grant” means an award of a state 35 -15- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 15/ 92
disaster recovery new housing grant that was applied for 1 between August 20, 2024, and December 31, 2024, and approved 2 and issued by the economic development authority. 3 c. This subsection is repealed January 1, 2028. 4 Sec. 25. EFFECTIVE DATE. This division of this Act, being 5 deemed of immediate importance, takes effect upon enactment. 6 Sec. 26. RETROACTIVE APPLICABILITY. This division of this 7 Act applies retroactively to tax years beginning on or after 8 January 1, 2024. 9 DIVISION IV 10 POST-LOSS ASSIGNMENT OF BENEFITS —— RESIDENTIAL CONTRACTOR 11 Sec. 27. Section 507B.4, subsection 3, Code 2025, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . v. Post-loss assignment of benefits. Any 14 violation of section 515.137A by a residential contractor. 15 Sec. 28. Section 515.137A, subsection 2, Code 2025, is 16 amended by adding the following new paragraphs: 17 NEW PARAGRAPH . 0b. “Catastrophic disaster” includes a major 18 disaster declaration by the president of the United States or a 19 state of disaster emergency proclamation by the governor. 20 NEW PARAGRAPH . 00b. “Consumer advocate” means a consumer 21 advocate appointed pursuant to section 505.8, subsection 6, 22 paragraph “b” , subparagraph (1). 23 NEW PARAGRAPH . 000b. “Post-loss assignment” means any 24 instrument by which post-loss benefits, rights, or duties of 25 a named insured under a residential property and casualty 26 insurance policy are assigned or transferred to a residential 27 contractor. The post-loss assignment must only assign the 28 insurance proceeds a named insured is entitled to receive 29 from the named insured’s insurer for the repair, replacement 30 construction, or reconstruction of the named insured’s 31 property. 32 Sec. 29. Section 515.137A, subsections 3, 4, and 5, Code 33 2025, are amended by striking the subsections and inserting in 34 lieu thereof the following: 35 -16- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 16/ 92
3. A residential contractor shall be prohibited from all of 1 the following under a post-loss assignment by a named insured 2 to the residential contractor: 3 a. Rebating or offering to rebate any portion of the named 4 insured’s insurance deductible as an inducement for the named 5 insured to purchase a good or service. 6 b. Imposing an administrative fee on the named insured 7 for canceling the post-loss assignment, or imposing a fee to 8 process the insurance check or to interact with the named 9 insured’s mortgage company. 10 c. Acting as a public adjuster without being licensed under 11 chapter 522C. 12 d. Receiving payments from the named insured’s insurer 13 that are unrelated to the repair, replacement construction, 14 or reconstruction work on the covered insured’s property, 15 including but not limited to all of the following: 16 (1) Additional living expenses. 17 (2) Loss of use. 18 (3) Loss of business income. 19 4. a. A post-loss assignment must include all of the 20 following: 21 (1) An itemized description of the work to be performed. 22 (2) An itemized description of the materials, labor, and 23 fees for the work to be performed. 24 (3) A total itemized amount to be paid for the work to be 25 performed. 26 (4) A statement that the residential contractor has made 27 no assurances that the claimed loss will be fully covered by 28 the named insured’s insurance contract and shall include the 29 following notice in capitalized fourteen point type: 30 YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER 31 YOUR INSURANCE POLICY. PLEASE READ AND UNDERSTAND THIS 32 DOCUMENT BEFORE SIGNING. 33 THE ITEMIZED DESCRIPTION OF THE WORK TO BE DONE SHOWN IN THIS 34 ASSIGNMENT FORM HAS NOT BEEN AGREED TO BY THE INSURER. THE 35 -17- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 17/ 92
INSURER HAS THE RIGHT TO PAY ONLY FOR THE COST TO REPAIR OR 1 REPLACE DAMAGED PROPERTY CAUSED BY A COVERED PERIL. POST-LOSS 2 ASSIGNMENTS ARE SUBJECT TO THE AUTHORITY OF THE IOWA INSURANCE 3 DIVISION. YOU MAY FILE A COMPLAINT WITH THE DIVISION ON THE 4 DIVISION’S INTERNET SITE AT IID.IOWA.GOV OR CALL THE DIVISION 5 AT (877) 955-1212. 6 (5) In capitalized fourteen point type and located in the 7 immediate proximity of the space reserved in the assignment for 8 the signature of the named insured, the following notice: 9 YOU MAY CANCEL THIS POST-LOSS ASSIGNMENT FOR ANY REASON 10 WITHOUT PENALTY WITHIN FIVE (5) BUSINESS DAYS FROM THE LATER OF 11 THE DATE THE POST-LOSS ASSIGNMENT IS FULLY EXECUTED OR THE DATE 12 ON WHICH YOU RECEIVE A COPY OF THE FULLY EXECUTED POST-LOSS 13 ASSIGNMENT. IF MAILED, THE CANCELLATION MUST BE POSTMARKED 14 BEFORE THE FIVE (5) BUSINESS DAY DEADLINE. 15 YOU MUST CANCEL THE POST-LOSS ASSIGNMENT IN WRITING AND 16 THE CANCELLATION MUST BE DELIVERED TO (name and address 17 of residential contractor as provided by the residential 18 contractor). IF THE ASSIGNEE HAS NOT BEGUN SUBSTANTIALLY 19 PERFORMING WORK ON THE PROPERTY, YOU MAY CANCEL THIS POST-LOSS 20 ASSIGNMENT WITHOUT PENALTY AFTER AT LEAST THIRTY (30) CALENDAR 21 DAYS AFTER THE DATE WORK ON THE PROPERTY IS SCHEDULED TO 22 COMMENCE, OR AFTER AT LEAST THIRTY (30) CALENDAR DAYS AFTER 23 THE POST-LOSS ASSIGNMENT IS FULLY EXECUTED IF THE POST-LOSS 24 ASSIGNMENT DOES NOT CONTAIN A COMMENCEMENT DATE. 25 IF YOU CANCEL THIS POST-LOSS ASSIGNMENT, THE RESIDENTIAL 26 CONTRACTOR HAS UP TO TEN (10) BUSINESS DAYS TO RETURN TO YOU 27 ALL PAYMENTS OR DEPOSITS YOU HAVE MADE. 28 (6) A provision that requires the assignee to indemnify and 29 hold harmless the assignor from liabilities, damages, losses, 30 and costs, including but not limited to attorney fees related 31 to the loss claim. 32 b. A post-loss assignment shall not impair the interest of 33 a mortgagee listed on the declarations page of the property and 34 casualty insurance policy that is the subject of the post-loss 35 -18- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 18/ 92
assignment. All mortgagees shall be named as a co-payee for 1 the payment of benefits under a property and casualty insurance 2 policy covering residential real estate. 3 c. A post-loss assignment shall only authorize a residential 4 contractor to be named as a co-payee, along with the named 5 insured and all mortgagees, for the payment of benefits under 6 a property and casualty insurance policy covering residential 7 real estate. 8 d. A post-loss assignment shall not prevent or inhibit 9 an insurer from communicating with the named insured or a 10 mortgagee listed on the declarations page of the property and 11 casualty insurance policy that is the subject of the post-loss 12 assignment. 13 e. An electronic copy of the fully executed post-loss 14 assignment shall be provided to the insurer of the residential 15 real estate, the named insured, and all mortgagees of the 16 damaged residential real estate within five business days after 17 execution of the post-loss assignment. A paper copy shall be 18 provided to the insurer, a named insured, and any mortgagee of 19 the damaged residential real estate within five business days 20 of a request by the insurer, the named insured, or a mortgagee. 21 f. A residential contractor named in a post-loss assignment 22 must cooperate with the insurer of the damaged residential 23 real estate in a claim investigation by providing documents 24 and records requested by the insurer and complying with each 25 post-loss duty included in the named insured’s insurance 26 policy. 27 5. a. A named insured shall have the right to cancel a 28 post-loss assignment without penalty or fee under all of the 29 following circumstances: 30 (1) For any reason within five business days from the 31 date on which the named insured receives a copy of the fully 32 executed post-loss agreement. 33 (2) The assignee has not substantially performed work on 34 the property that is the subject of the post-loss assignment at 35 -19- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 19/ 92
least thirty calendar days after the date work on the property 1 was scheduled to commence. 2 (3) The assignee has not begun substantial work on the 3 property that is the subject of the post-loss assignment at 4 least thirty calendar days after the date the insured received 5 a fully executed copy of the executed post-loss assignment and 6 the post-loss assignment does not contain a commencement date. 7 b. The cancellation shall be made in writing. Within ten 8 business days of the date of the written cancellation, the 9 residential contractor shall tender to the named insured, the 10 landowner, or the possessor of the real estate, all payments, 11 partial payments, or deposits that have been made by such 12 person. 13 6. Any written contract, repair estimate, or work order 14 prepared by a residential contractor to provide goods or 15 services to be paid from the proceeds of a property and 16 casualty insurance policy pursuant to a post-loss assignment 17 shall include, in capitalized fourteen point type, the notice 18 as provided in section 103A.71, subsection 4, paragraph “a” , 19 which shall be signed by the named insured, and sent to the 20 named insured’s insurer prior to payment to the residential 21 contractor of proceeds under the applicable insurance policy. 22 7. For a minimum of seventy-two hours following a 23 catastrophic disaster, a residential contractor shall 24 not enter into a contract with an insured that includes a 25 post-loss assignment. If the commissioner deems the severity 26 of the catastrophic disaster to have placed people under 27 duress, the commissioner shall immediately dispatch the 28 consumer advocate and other personnel to the disaster area to 29 provide consumer guidance. If, after a public hearing, the 30 commissioner determines that, due to the scope and severity 31 of the catastrophic disaster, additional time is necessary to 32 safely deploy additional consumer protection resources, the 33 commissioner may extend the time period that a residential 34 contractor shall not enter into a contract with an insured that 35 -20- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 20/ 92
includes a post-loss assignment for an additional seventy-two 1 hours. 2 8. A post-loss assignment entered into with a residential 3 contractor shall be void if the residential contractor violates 4 this section. 5 9. A violation of this section by a residential contractor 6 shall be an unfair practice pursuant to chapter 507B. 7 10. If any provision of this section or the application 8 thereof to any person or circumstance is held invalid, the 9 invalidity does not affect other provisions or applications 10 of this section which can be given effect without the invalid 11 provision or application, and to this end the provisions of 12 this section are severable. 13 DIVISION V 14 PUBLIC, INDEPENDENT, AND STAFF ADJUSTERS 15 Sec. 30. Section 522B.5A, subsection 2, paragraphs c and e, 16 Code 2025, are amended to read as follows: 17 c. A renewal, reinstatement, or reissuance of a license 18 if the license of a producer has been revoked or suspended 19 pursuant to section 522B.11 , the license of a public an 20 adjuster has been revoked or suspended pursuant to section 21 522C.6 522C.13 , or the license of a viatical settlement 22 provider or viatical settlement broker has been revoked or 23 suspended pursuant to section 508E.4 . 24 e. An initial license as a public an adjuster in this state. 25 Sec. 31. Section 522C.1, Code 2025, is amended to read as 26 follows: 27 522C.1 Purpose. 28 The purpose of this chapter is to govern the qualifications 29 and procedures for licensing public adjusters in this state, 30 and to specify the duties of and restrictions on public 31 adjusters, including limitation of such licensure to assisting 32 insureds only with first-party claims. 33 Sec. 32. Section 522C.2, Code 2025, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -21- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 21/ 92
522C.2 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Adjuster” means a public adjuster, an independent 4 adjuster, or a licensed staff adjuster. A person that acts as 5 an adjuster solely for a crop hail insurance or a multiperil 6 crop insurance claim shall not be subject to this chapter. 7 2. “Amount of loss” means the monetary amount determined 8 to be necessary to properly repair or replace damage related 9 to the scope of loss for a covered peril, and is limited to 10 all applicable coverages for covered items associated with the 11 claim. 12 3. “Business entity” means a corporation, association, 13 partnership, limited liability company, limited liability 14 partnership, or any other legal entity. 15 4. a. “Catastrophic disaster” means an event that results 16 in all of the following: 17 (1) A large number of deaths or injuries. 18 (2) Extensive damage or destruction of facilities that 19 provide and sustain human needs. 20 (3) An overwhelming demand on state and local response 21 resources and mechanisms. 22 (4) A severe long-term effect on general economic activity. 23 (5) A severe effect on state, local, and private sector 24 capabilities to commence and sustain disaster response 25 activities. 26 b. “Catastrophic disaster” includes a major disaster 27 declaration by the president of the United States or a state of 28 disaster emergency proclamation by the governor. 29 5. “Commissioner” means the commissioner of insurance. 30 6. “Consumer advocate” means a consumer advocate appointed 31 pursuant to section 505.8, subsection 6, paragraph “b” , 32 subparagraph (1). 33 7. “Disciplinary matter” means but is not limited to a 34 person who is the subject of an investigation, complaint, or 35 -22- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 22/ 92
pending administrative action in this state or any other state. 1 8. “Financial interest” means but is not limited to a fee, 2 commission, or other valuable consideration. 3 9. “First-party claim” means a claim filed by a named 4 insured under an insurance policy against which the claim is 5 made. 6 10. “Home state” means the District of Columbia, or any 7 state or territory of the United States in which an adjuster 8 maintains the adjuster’s principal place of residence or 9 principal place of business. 10 11. “Independent adjuster” means a person who does all of 11 the following: 12 a. Contracts, either directly or through a firm or 13 third-party administrator, for compensation with insurers or 14 self-insurers, and is treated by the insurer or self-insurer as 15 an independent contractor and not as an employee as that term 16 is described in 26 C.F.R. §31.3121(d)(1). 17 b. Investigates, negotiates, or settles property, 18 casualty, or workers’ compensation claims for insurers or for 19 self-insurers. 20 12. “Insured” means a person covered under an insurance 21 policy against which a claim is made. 22 13. “Insurer” means the same as defined in section 507A.3. 23 14. “NAIC” means the national association of insurance 24 commissioners. 25 15. “NIPR gateway” means the communication network developed 26 and operated by the national insurance producer registry that 27 links state insurance regulators with regulated entities to 28 facilitate the electronic exchange of adjuster information, 29 including but not limited to license applications, license 30 renewals, appointments, and terminations. 31 16. “Person” means an individual or a business entity. 32 17. “Producer database” means the national database of 33 insurance producers maintained by the NAIC. 34 18. “Public adjuster” means a person who, for compensation 35 -23- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 23/ 92
or other thing of value, does any of the following: 1 a. Acts for or aids an insured in negotiating or affecting 2 the settlement of a first-party claim for loss or damage to 3 real or personal property of an insured. 4 b. Advertises for employment as a public adjuster of 5 first-party insurance claims or otherwise solicits business or 6 represents to the public that the person is a public adjuster 7 of first-party insurance claims for loss or damage to real or 8 personal property of an insured. 9 c. Directly or indirectly solicits business investigating 10 or adjusting losses, or advising an insured about first-party 11 claims for loss or damage to real or personal property of the 12 insured. 13 19. “Reinstatement” means the reinstatement of a suspended 14 license which was suspended in connection with a disciplinary 15 matter, and that has not expired or been terminated during the 16 suspension period. 17 20. “Reissuance” means the issuance of a new license 18 following the revocation of a license, the suspension and 19 subsequent termination of a license, or the forfeiture of a 20 license in connection with a disciplinary matter. 21 21. “Staff adjuster” means a person who is directly employed 22 by an insurer or self-insurer to investigate, negotiate, or 23 settle property, casualty, or workers’ compensation claims. 24 22. “Uniform business entity application” means the most 25 recent version of NAIC’s uniform application for business 26 entity license and registration. 27 23. “Uniform individual application” means the most recent 28 version of NAIC’s uniform application for individual adjuster 29 or apprentice license and registration. 30 Sec. 33. Section 522C.3, Code 2025, is amended by striking 31 the section and inserting in lieu thereof the following: 32 522C.3 Authority of the commissioner. 33 The commissioner may adopt rules pursuant to chapter 17A as 34 necessary to administer and enforce this chapter, which may 35 -24- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 24/ 92
include but are not limited to all of the following: 1 1. Advertising standards. 2 2. Continuing education requirements for licensees. 3 3. Contracts between public adjusters and insureds. 4 4. Required disclosures by licensees. 5 5. Examinations for licensure. 6 6. Exemptions. 7 7. License bonds, and errors and omissions insurance 8 requirements. 9 8. License requirements and exclusions. 10 9. Prohibited practices. 11 10. Record retention requirements. 12 11. Reporting requirements. 13 12. Requirements and limitations on fees charged by public 14 adjusters. 15 13. Standards for reasonableness of payment. 16 14. Standards of conduct. 17 15. Penalties. 18 Sec. 34. Section 522C.4, Code 2025, is amended by striking 19 the section and inserting in lieu thereof the following: 20 522C.4 License required. 21 1. A person shall not act as, or represent that the person 22 is, a public adjuster or an independent adjuster in this state 23 unless the person is licensed under this chapter. 24 2. A license as an adjuster shall not be required of any of 25 the following: 26 a. A staff adjuster; however, staff adjusters shall comply 27 with all other provisions of this chapter not including section 28 522C.7. 29 b. An attorney licensed to practice law in the state when 30 acting within their professional capacity as an attorney. 31 c. A person employed only for the purpose of obtaining facts 32 surrounding a loss, or furnishing technical assistance to a 33 licensed adjuster, including but not limited to a photographer, 34 estimator, private investigator, engineer, and handwriting 35 -25- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 25/ 92
expert. 1 Sec. 35. Section 522C.5, Code 2025, is amended by striking 2 the section and inserting in lieu thereof the following: 3 522C.5 Application for license. 4 1. A person applying for an adjuster license shall complete 5 a uniform individual application or a uniform business entity 6 application through the NIPR gateway or as otherwise prescribed 7 by the commissioner. 8 2. To determine an applicant’s eligibility for licensure, 9 the commissioner may require a criminal history check pursuant 10 to section 522B.5A. 11 Sec. 36. NEW SECTION . 522C.5A Individual applicants —— 12 resident adjuster. 13 Prior to approving an individual’s application for a 14 resident adjuster license, the commissioner shall find that the 15 applicant meets all of the following requirements: 16 1. This state is the applicant’s home state. 17 2. The applicant has not committed any act that is a ground 18 for denial, suspension, or revocation of a license under 19 section 522C.13. 20 3. The applicant has the requisite character and competence 21 to be licensed as an adjuster, as may be determined by the 22 commissioner. 23 4. The applicant is financially responsible pursuant to 24 section 522C.7. 25 5. The applicant has paid all fees required under this 26 chapter. An applicant who concurrently applies for both an 27 adjuster license, and a license as an appraiser under chapter 28 522F, shall only be required to pay the fee required under this 29 chapter or the fee required under chapter 522F. 30 6. The applicant maintains an office in the applicant’s home 31 state that is available by reasonable appointment or regular 32 business hours. 33 7. The applicant is at least eighteen years of age. 34 8. The applicant successfully passed the adjuster 35 -26- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 26/ 92
examination pursuant to section 522C.8. 1 9. The applicant for a public adjuster license has submitted 2 contracts and any subsequent contract modification to the 3 commissioner for review and approval prior to use. A contract 4 that has been filed is deemed to be approved unless disapproved 5 or additional information is requested by the commissioner 6 within thirty calendar days of receipt of the filing by the 7 commissioner. 8 10. The applicant has obtained any necessary authority from 9 the secretary of state to transact business in this state. 10 Sec. 37. NEW SECTION . 522C.5B Individual applicants —— 11 nonresident adjuster. 12 Before approving a nonresident applicant’s application for 13 a nonresident adjuster license, the commissioner shall find 14 that the nonresident applicant meets all of the following 15 requirements: 16 1. The nonresident applicant has not committed any act that 17 is a ground for denial, suspension, or revocation of a license 18 under section 522C.13. 19 2. The nonresident applicant is licensed as a resident 20 adjuster and in good standing in the nonresident applicant’s 21 home state. If the nonresident applicant’s resident license 22 in the nonresident applicant’s home state terminates for any 23 reason, a license issued to a nonresident applicant under this 24 section shall become inactive, unless the termination is due to 25 the nonresident applicant being issued a new resident adjuster 26 license in the nonresident applicant’s home state and the home 27 state has reciprocity with this state. 28 3. The nonresident applicant has submitted a request for 29 licensure to the division in a form and manner prescribed by 30 the commissioner. 31 4. The nonresident applicant has the requisite character 32 and competence to be licensed as an adjuster, as may be 33 determined by the commissioner. 34 5. The nonresident applicant is financially responsible 35 -27- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 27/ 92
pursuant to section 522C.7. 1 6. The nonresident applicant has paid all fees required 2 under this chapter. An applicant who concurrently applies for 3 both an adjuster license, and a license as an appraiser under 4 chapter 522F, shall only be required to pay the fee required 5 under this chapter or the fee required under chapter 522F. 6 7. The nonresident applicant has obtained any necessary 7 authority from the Iowa secretary of state to transact business 8 in this state. 9 8. The nonresident applicant for a public adjuster 10 license has filed contracts with the commissioner for review 11 and approval prior to use. A contract that has been filed 12 is deemed to be approved unless disapproved or additional 13 information is requested by the commissioner within thirty 14 calendar days of receipt of the filing by the commissioner. 15 9. The nonresident applicant successfully passed the 16 adjuster examination pursuant to section 522C.8. 17 10. The nonresident applicant is at least eighteen years of 18 age. 19 11. The nonresident applicant maintains an office in 20 the nonresident applicant’s home state that is available by 21 reasonable appointment or regular business hours. 22 Sec. 38. NEW SECTION . 522C.5C Business entity applicants —— 23 resident public adjuster or independent adjuster. 24 Prior to approving a business entity’s application for a 25 license for a resident public adjuster or resident independent 26 adjuster, the commissioner shall find that the business entity 27 meets all of the following requirements: 28 1. The business entity has designated an individual 29 adjuster licensed in this state to be responsible for the 30 business entity’s compliance with the insurance laws and 31 administrative rules of this state. 32 2. The business entity has not committed any act that is a 33 ground for denial, suspension, or revocation of a license under 34 section 522C.13. 35 -28- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 28/ 92
3. The business entity has the requisite character and 1 competence to be licensed as an adjuster, as may be determined 2 by the commissioner. 3 4. The business entity is financially responsible pursuant 4 to section 522C.7. 5 5. The business entity has paid all fees required under this 6 chapter. An applicant who concurrently applies for both an 7 adjuster license, and a license as an appraiser under chapter 8 522F, shall only be required to pay the fee required under this 9 chapter or the fee required under chapter 522F. 10 6. The business entity maintains an office in the business 11 entity’s home state that is available by reasonable appointment 12 or regular business hours. 13 7. The business entity applying for a public adjuster 14 license has submitted contracts and any subsequent contract 15 modification to the commissioner for review and approval prior 16 to use. A contract that has been filed is deemed to be approved 17 unless disapproved or additional information is requested by 18 the commissioner within thirty calendar days of receipt of the 19 filing by the commissioner. 20 8. The business entity has obtained any necessary authority 21 from the Iowa secretary of state to transact business in this 22 state. 23 Sec. 39. NEW SECTION . 522C.5D Business applicants —— 24 nonresident business entity. 25 Before approving a nonresident business entity’s application 26 for a nonresident public adjuster license or a nonresident 27 independent adjuster license, the commissioner shall find that 28 the nonresident business entity meets all of the following 29 requirements: 30 1. The nonresident business applicant has designated an 31 individual adjuster licensed in this state to be responsible 32 for the nonresident business applicant’s compliance with the 33 insurance laws and administrative rules of this state. 34 2. The nonresident business applicant has not committed any 35 -29- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 29/ 92
act that is a ground for denial, suspension, or revocation of a 1 license under section 522C.13. 2 3. The nonresident business applicant has the requisite 3 character and competence to be licensed as an adjuster, as may 4 be determined by the commissioner. 5 4. The nonresident business applicant is financially 6 responsible pursuant to section 522C.7. 7 5. The nonresident business applicant has paid all fees 8 required under this chapter. 9 6. The nonresident business applicant maintains an office 10 in the nonresident business applicant’s home state that is 11 available by reasonable appointment or regular business hours. 12 7. The nonresident business applicant applying for a 13 public adjuster license has submitted contracts and any 14 subsequent contract modification to the commissioner for review 15 and approval prior to use. A contract that has been filed 16 is deemed to be approved unless disapproved or additional 17 information is requested by the commissioner within thirty 18 calendar days of receipt of the filing by the commissioner. 19 8. The nonresident business applicant has obtained any 20 necessary authority from the Iowa secretary of state to 21 transact business in this state. 22 Sec. 40. Section 522C.6, Code 2025, is amended by striking 23 the section and inserting in lieu thereof the following: 24 522C.6 Fees —— license issuance, renewal, or reinstatement, 25 and examination. 26 Fees for a license as an adjuster shall be as follows: 27 1. Any applicable fee for a criminal history check pursuant 28 to section 522B.5A. 29 2. The fee for issuance or renewal of an adjuster license is 30 fifty dollars for a consecutive twenty-four-month period. 31 3. The fee for reinstatement of an adjuster license is fifty 32 dollars. 33 4. The fee for a reinstatement or reissuance of an adjuster 34 license due to a disciplinary action under section 522C.15 is 35 -30- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 30/ 92
one hundred dollars. 1 5. The commissioner may charge a reasonable fee for the 2 compilation and production of adjuster licensing records. 3 6. The fee for an examination under section 522C.8 may 4 be set by a third-party testing service under contract with 5 the division to administer the examination. The fee must be 6 approved by the division. 7 7. Fees shall be paid electronically through the NIPR 8 gateway. 9 Sec. 41. NEW SECTION . 522C.7 Financial responsibility. 10 1. Prior to issuance of a license under section 522C.5A, 11 522C.5B, 522C.5C, or 522C.5D, an applicant shall secure 12 evidence of financial responsibility through a surety bond 13 as prescribed by the commissioner. The surety bond shall be 14 executed and issued by an insurer authorized to issue surety 15 bonds in this state and meet the following requirements: 16 a. The surety bond shall be a minimum of fifty thousand 17 dollars. 18 b. The surety bond shall be in favor of the state and 19 specifically authorize recovery by the commissioner on behalf 20 of any person in this state who sustains damages as the result 21 of an adjuster’s erroneous act, failure to act, fraud, or 22 unfair or deceptive act or practice under chapter 507B. 23 c. The surety bond shall not be terminated without prior 24 written notice filed with the division a minimum of thirty 25 calendar days prior to termination. 26 2. The division may request that an adjuster provide 27 evidence of financial responsibility at any time the division 28 deems relevant. 29 3. An adjuster shall immediately notify the division if the 30 adjuster’s evidence of financial responsibility terminates in 31 violation of subsection 1, paragraph “c” , or becomes impaired, 32 and the adjuster’s license shall become inactive until the 33 adjuster provides the division with evidence of financial 34 responsibility. 35 -31- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 31/ 92
Sec. 42. NEW SECTION . 522C.8 Examination. 1 1. a. An individual applying for a license under this 2 chapter shall pass a written examination, unless exempt 3 pursuant to section 522C.9. The examination shall test 4 the knowledge of the individual concerning the duties and 5 responsibilities of an adjuster and the insurance laws and 6 administrative rules of this state, and shall be conducted as 7 prescribed by the division. 8 b. An individual who concurrently applies for an adjuster 9 license, and a license as an appraiser under chapter 522F, may 10 choose to take a joint examination conducted as prescribed by 11 the division. The joint examination shall test the knowledge 12 of the individual concerning the duties and responsibilities 13 of an adjuster and of an appraiser, and the insurance laws 14 and administrative rules of this state. An individual who 15 successfully passes a joint examination, and who meets all 16 other requirements for licensure as an adjuster, and as an 17 appraiser under chapter 522F, shall be licensed as both an 18 adjuster and as an appraiser. 19 2. Each individual applying for examination shall remit the 20 examination fee under section 522C.6. An individual applying 21 for a joint examination under subsection 1, paragraph “b” , shall 22 pay one examination fee for the joint examination. 23 3. An individual who fails to appear for a scheduled 24 examination, or who fails to pass the examination, may reapply 25 for examination and must remit the required fee to be scheduled 26 for another examination. 27 4. The results of an examination shall be valid to submit 28 for licensure for ninety calendar days after the date of the 29 examination. 30 Sec. 43. NEW SECTION . 522C.9 Examination —— exemption. 31 1. An individual who applies for a nonresident license 32 under this chapter and who was previously a licensed adjuster 33 in another state that required an examination that included 34 Iowa-specific statutes and administrative rules shall not be 35 -32- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 32/ 92
required to apply for examination under section 522C.8. 1 2. An individual who relocates to this state and who was a 2 licensed adjuster in another state that required an examination 3 that included Iowa-specific statutes and administrative rules 4 shall not be required to apply for examination under section 5 522C.8 if the individual submits an application for a resident 6 adjuster license under section 522C.5A within ninety calendar 7 days of establishing legal residency, and all of the following 8 apply: 9 a. The individual is currently a licensed adjuster in the 10 state from which the applicant relocated. 11 b. The state from which the applicant relocated issues 12 a certification that the applicant is licensed and in good 13 standing. 14 c. The producer database records of the state from which 15 the applicant relocated, or records maintained by the NAIC or 16 a NAIC affiliate or subsidiary, indicate that the adjuster 17 is currently licensed or had been licensed, and is in good 18 standing. 19 Sec. 44. NEW SECTION . 522C.10 Public adjuster and insured 20 —— contract for services. 21 1. a. A public adjuster shall not provide services to an 22 insured until a written contract with the insured has been 23 executed on a form filed with and approved by the commissioner 24 pursuant to section 522C.5A, subsection 9, section 522C.5B, 25 subsection 8, section 522C.5C, subsection 7, or section 26 522C.5D, subsection 7. The contract must have a heading that 27 indicates the contract is a public adjuster contract and must 28 contain all of the following: 29 (1) The full name, address, telephone number, and license 30 number of the public adjuster presenting and negotiating the 31 contract and, if applicable, the full name, address, telephone 32 number, and license number of the business entity the public 33 adjuster is associated with. 34 (2) The insured’s full name, street address, insurance 35 -33- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 33/ 92
company name, and, if known or upon notification, the insurance 1 policy number and claim number. 2 (3) A description of the insured’s loss claim and the 3 address at which the loss is located, if applicable. 4 (4) A description of services to be provided by the public 5 adjuster on behalf of the insured. 6 (5) A signature of the public adjuster and of the insured, 7 and the date the public adjuster and the insured each signed 8 the contract. 9 (6) An attestation that the public adjuster has a surety 10 bond pursuant to section 522C.7. 11 (7) An explanation of the amount payable to the public 12 adjuster, and how the amount is calculated, which may include 13 any of the following: 14 (a) If an hourly rate, the contract shall state the hourly 15 rate and how the rate is applied to the hours of service 16 provided by the public adjuster to calculate the amount 17 payable. 18 (b) If a flat fee, the contract must state the exact amount 19 payable to the public adjuster. 20 (c) If a percentage of settlement, the contract must state 21 the exact percentage applied to the settlement on the claim. 22 (d) If any other consideration, the contract must detail how 23 the amount payable is calculated or determined. 24 (8) A public adjuster may charge a reasonable fee that shall 25 not exceed any of the following: 26 (a) Fifteen percent of all claim payments approved by 27 the insurer for any noncatastrophic disaster insurance claim 28 settlement. 29 (b) Ten percent of all claim payments approved by the 30 insurer for any catastrophic disaster insurance claim 31 settlement. 32 (9) That compensation for any reopened or supplemental 33 claim may not exceed the limitations set forth in the contract. 34 (10) That the insured has the right to agree to or reject 35 -34- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 34/ 92
a loss settlement even if the public adjuster objects to the 1 insured’s decision. 2 (11) The initial expenses of the public adjuster that will 3 be reimbursed from the proceeds of the claim payment shall be 4 specified by expense type, with reimbursement estimates set 5 forth in the contract. Any additional expenses for which the 6 public adjuster requests reimbursement shall be disclosed in 7 writing to the insured, and must be approved by the insured 8 prior to reimbursement. 9 (12) A statement that the public adjuster shall not render 10 services or perform acts that constitute the practice of law. 11 (13) A statement that the public adjuster shall not act on 12 behalf of or aid any person in negotiation or settlement of a 13 claim related to bodily injury, death, or noneconomic damages. 14 (14) The process for rescinding the contract, including 15 the date by which rescission of the contract by the public 16 adjuster or the insured must occur. The public adjuster 17 shall provide notice of the insured’s rights under chapter 18 555A, and the insured may rescind the contract as provided in 19 chapter 555A. A contract shall not be construed to prevent an 20 insured from pursuing a civil remedy after the revocation or 21 cancellation period. If the insured rescinds the contract, 22 anything of value given by the insured shall be returned to the 23 insured within fifteen business days following receipt of the 24 cancellation notice by the public adjuster. 25 b. A contract provision shall not be redacted in a copy of 26 the contract submitted to the commissioner. Such redaction 27 shall constitute a violation of this chapter, and shall be 28 subject to penalties under sections 522C.13 and 522C.14. 29 2. If the insurer, no later than five calendar days 30 after the date on which the insured’s loss is reported to 31 the insurer, either pays or commits in writing to pay to the 32 insured the policy limit of the insured’s insurance policy, the 33 public adjuster shall: 34 a. Inform the insured that the total amount of loss claimed 35 -35- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 35/ 92
by the insured may not be agreed to by the insurer. 1 b. Only be entitled to reasonable compensation from the 2 insured for services provided on behalf of the insured based on 3 the time spent on the claim, and the expenses incurred by the 4 public adjuster, until the date the insurer pays the claim or 5 provides the insured with a written commitment that the insurer 6 will pay the claim. 7 3. A public adjuster contract shall not contain a provision 8 that does any of the following: 9 a. Allows the public adjuster’s percentage of a settlement 10 to be collected if money is still due from an insurer, or that 11 allows the public adjuster to collect the entire percentage 12 of a settlement from any single payment issued by an insurer 13 rather than as a percentage of each payment issued by the 14 insurer. 15 b. Requires or permits the insured to authorize an insurer 16 to issue a check only in the name of the public adjuster. 17 c. Imposes collection costs or late fees prior to an 18 insurance claim payment by an insurer to an insured. 19 d. Allows the public adjuster’s compensation to be increased 20 based on the fact that a claim is litigated. 21 e. Precludes either an insured or the public adjuster from 22 pursuing civil remedies. 23 f. Restricts an insured’s right to initiate or maintain 24 direct communication with the insured’s attorney or insurer, 25 with the insurer’s adjuster or attorney, or any other person 26 regarding settlement of the insured’s claim. 27 g. Grants the public adjuster power of attorney for the 28 insured. However, a public adjuster may obtain a limited power 29 of attorney for an insured for the sole purpose of depositing 30 claim payments in the insured’s name into a fiduciary trust 31 account pursuant to section 522C.11, subsection 26. 32 h. Requires the insured to use a particular business entity 33 or individual for the reconstruction, repair, or restoration of 34 the insured’s damaged property. 35 -36- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 36/ 92
4. Prior to execution of the contract, the public adjuster 1 shall review the terms of the contract with the insured 2 and provide the insured with a separate disclosure document 3 regarding the claim process that shall include the following: 4 DISCLOSURE DOCUMENT 5 REGARDING THE CLAIM PROCESS 6 1. PROPERTY INSURANCE POLICIES OBLIGATE THE INSURED TO 7 PRESENT A CLAIM TO THE INSURED’S INSURER FOR CONSIDERATION. 8 THERE ARE THREE TYPES OF ADJUSTERS THAT MAY BE INVOLVED IN THAT 9 PROCESS. THE THREE TYPES ARE AS FOLLOWS: 10 (A) “STAFF ADJUSTER” IS DEFINED IN IOWA CODE SECTION 522C.2. 11 A STAFF ADJUSTER IS EMPLOYED BY THE INSURER. THEY WILL NOT 12 CHARGE THE INSURED A FEE. 13 (B) “INDEPENDENT ADJUSTER” IS DEFINED IN IOWA CODE SECTION 14 522C.2. AN INDEPENDENT ADJUSTER IS CONTRACTED BY THE INSURER 15 TO REPRESENT THE INSURER. THEY WILL NOT CHARGE THE INSURED A 16 FEE. 17 (C) “PUBLIC ADJUSTER” IS DEFINED IN IOWA CODE SECTION 18 522C.2. A PUBLIC ADJUSTER IS NOT AN EMPLOYEE OR REPRESENTATIVE 19 OF THE INSURER. THEY ARE HIRED BY THE INSURED TO ASSIST IN THE 20 PREPARATION, PRESENTATION, AND SETTLEMENT OF A CLAIM. 21 2. THE INSURED IS NOT REQUIRED TO HIRE A PUBLIC ADJUSTER 22 TO HELP THE INSURED MEET THE INSURED’S OBLIGATIONS UNDER THE 23 INSURED’S POLICY, BUT HAS THE RIGHT TO DO SO. 24 3. THE INSURED HAS THE RIGHT TO INITIATE DIRECT 25 COMMUNICATIONS WITH THE INSURED’S ATTORNEY, THE INSURED’S 26 INSURANCE COMPANY, THE INSURANCE COMPANY’S STAFF ADJUSTER OR 27 INDEPENDENT ADJUSTER, THE INSURANCE COMPANY’S ATTORNEY, OR ANY 28 OTHER PERSON REGARDING THE SETTLEMENT OF THE INSURED’S CLAIM. 29 4. THE INSURED MAY BE RESPONSIBLE FOR ANY AMOUNT PAYABLE TO 30 A PUBLIC ADJUSTER RELATED TO ANY PORTION OF A CLAIM THAT WAS 31 PREVIOUSLY PAID IN PART, IN FULL, OR SETTLED BY THE INSURER 32 PRIOR TO A CONTRACT BEING ENTERED INTO BETWEEN THE PUBLIC 33 ADJUSTER AND THE INSURED. 34 -37- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 37/ 92
5. THE AMOUNT PAYABLE TO A PUBLIC ADJUSTER, WHICH CAN 1 INCLUDE A SALARY, FEE, COMMISSION, OR OTHER CONSIDERATION AS 2 OUTLINED IN THE CONTRACT, IS THE OBLIGATION OF THE INSURED, NOT 3 THE INSURER. 4 6. THE INSURED MAY FILE A COMPLAINT WITH THE IOWA INSURANCE 5 DIVISION BY CALLING (877) 955-1212 OR VISITING IID.IOWA.GOV. 6 5. An original copy of a completed contract shall be 7 provided to the public adjuster and to the insured. The 8 commissioner may inspect the original contract in possession 9 of the public adjuster at any time without prior notice. 10 A contract may be executed electronically if done so in 11 compliance with chapter 554D. 12 6. Within seventy-two hours of executing a contract with an 13 insured under this section, the public adjuster shall provide 14 the insured’s insurer a notification letter, which has been 15 signed by the insured, authorizing the public adjuster to 16 represent the insured’s interest. The insurer shall verify 17 that the public adjuster is currently licensed with the 18 division. 19 7. A contract between a public adjuster and an insured 20 executed on a form in violation of subsection 1, paragraph “a” , 21 shall not be enforceable in this state. 22 Sec. 45. NEW SECTION . 522C.11 Adjusters —— standards of 23 conduct. 24 1. A public adjuster shall serve with objectivity and 25 complete loyalty to the interest of the insured. A public 26 adjuster shall render to the insured in good faith information, 27 counsel, and service, that in the opinion of the public 28 adjuster will best serve the insured’s insurance claim needs 29 and interest. These duties extend to the claims process and 30 include providing timely responses to both the insurer and the 31 insured. 32 2. For a minimum of seventy-two hours following a 33 catastrophic disaster, to allow time for the commissioner 34 to safely deploy consumer protection resources, a public 35 -38- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 38/ 92
adjuster shall not, in person or by telephone, directly offer 1 to contract, attempt to offer to contract, or enter into an 2 adjuster contract with an insured unless the offer to contract, 3 the attempt to offer to contract, or entering into a contract 4 is initiated by a consumer. If the commissioner deems the 5 severity of the catastrophic disaster to have placed people 6 under duress, the commissioner shall immediately dispatch the 7 consumer advocate and other personnel to the disaster area to 8 provide consumer guidance. If, after a public hearing, the 9 commissioner determines that, due to the scope and severity 10 of the catastrophic disaster, additional time is necessary to 11 safely deploy additional consumer protection resources, the 12 commissioner may extend the time period that a public adjuster 13 shall not offer to contract, attempt to offer to contract, or 14 enter into a contract for an additional seventy-two hours. 15 3. A public adjuster shall not solicit between the hours 16 of 8:00 p.m. and 9:00 a.m. Solicitation shall include but is 17 not limited to a door-to-door sale as that term is defined in 18 section 555A.1. 19 4. A public adjuster, or an independent adjuster, shall not 20 permit an unlicensed employee or representative of the public 21 adjuster or independent adjuster, nor any person associated 22 with a claim, to conduct business for which a license is 23 required under this chapter. 24 5. An adjuster shall not have a direct or indirect financial 25 interest in any aspect of a claim other than the amount payable 26 pursuant to the written contract with an insured under section 27 522C.10. 28 6. An adjuster shall not acquire any interest in salvage of 29 property. 30 7. An adjuster shall not undertake the adjustment of any 31 claim if the adjuster is not competent and knowledgeable as 32 to the terms and conditions of the insurance coverage, or if 33 the loss or coverage otherwise exceeds the adjuster’s current 34 expertise. 35 -39- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 39/ 92
8. An adjuster shall maintain all documentation relating to 1 all estimates and coverage determinations for a minimum of five 2 years from the date of completion of a settlement. 3 9. An adjuster shall not knowingly make any false oral or 4 written material statements regarding any person engaged in the 5 business of insurance, or any other adjuster, to an insured who 6 is a client or potential client. 7 10. a. An adjuster shall not reasonably act, or fail to 8 act, in any manner that obstructs or prevents an insurer or 9 adjuster from timely conducting an inspection of any part of 10 an insured’s property for which there is a claim for loss or 11 damage. 12 b. If a public adjuster is unavailable after reasonable 13 request by an insurer, resulting in delay of the insurer’s 14 timely inspection of the property, the insured shall allow 15 the insurer to have access to the property without the 16 participation or presence of the public adjuster to facilitate 17 the insurer’s prompt inspection of the loss or damage. 18 11. An adjuster shall respond to an inquiry from an insurer 19 or an insured regarding a claim within fifteen business days 20 of the date of the inquiry unless good cause exists for delay. 21 The adjuster shall reply within fifteen business days to all 22 pertinent communications from the insured, the insurer, or a 23 representative of the insured or the insurer that reasonably 24 suggest that a response is expected. 25 12. Upon receiving notification of a claim, an insurer shall 26 provide necessary claim forms, instructions, and reasonable 27 assistance within fifteen business days of notification of the 28 claim so that first-party claimants can comply with the policy 29 conditions and the insurer’s reasonable requirements. 30 13. An adjuster shall not act as an appraiser and as an 31 adjuster on the same claim. 32 14. An adjuster shall not act as an umpire and as an 33 adjuster on the same claim. 34 15. A public adjuster shall not enter into a contract that 35 -40- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 40/ 92
accepts a power of attorney or limited power of attorney for 1 an insured. 2 16. a. An independent adjuster shall not act as an 3 independent adjuster and a public adjuster on the same claim. 4 b. A public adjuster shall not act as a public adjuster and 5 an independent adjuster on the same claim. 6 17. A staff adjuster may be licensed as a public adjuster 7 or as an independent adjuster, but shall be prohibited from 8 providing services as an independent adjuster or a public 9 adjuster while employed as a staff adjuster. 10 18. A public adjuster shall not agree to, or reject, any 11 loss settlement without the insured’s express knowledge and 12 written consent. 13 19. An adjuster shall not engage in any act or practice 14 that is a conflict of interest. A conflict of interest shall 15 include but is not limited to the following: 16 a. A direct or indirect financial interest with a person 17 responsible for the reconstruction, repair, or restoration of 18 damaged property that is the subject of a claim, or with a 19 person involved in resolving a claim valuation dispute. 20 b. A direct or indirect financial interest, or other 21 valuable consideration regardless of form or amount paid to an 22 adjuster in exchange for referring an insured to an appraiser, 23 umpire, construction company, contractor, salvage company, or 24 attorney. 25 c. Being an owner, employee, agent, investor, or having 26 other financial interest in a business entity responsible for 27 the reconstruction, repair, or restoration of damaged property 28 that is the subject of a claim, or having an immediate family 29 member who is an owner, employee, agent, or investor in a 30 business entity responsible for the reconstruction, repair, 31 or restoration of a damaged property that is the subject of a 32 claim. 33 d. Entering into a written or verbal contract, or formal 34 or informal agreement, with any person that compromises the 35 -41- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 41/ 92
adjuster’s duty of loyalty to the insured. 1 e. Using claim information obtained in the course of a claim 2 investigation for commercial purposes including marketing or 3 advertising for the benefit of the adjuster. 4 20. A public adjuster shall not file a complaint with 5 the division on behalf of an insured without the insured’s 6 knowledge and written consent. 7 21. An adjuster shall not represent, directly or 8 indirectly, that damage has occurred at a property unless the 9 adjuster has inspected the damaged areas of the property. 10 22. An adjuster shall produce a detailed written estimate to 11 repair or replace covered damages and provide a copy to both 12 the insured and the insurer in a timely manner. 13 23. A public adjuster shall not offer to pay an insured’s 14 deductible, or claim that the insured’s deductible will be 15 waived, as an inducement to use the services of the public 16 adjuster. 17 24. An adjuster shall respond reasonably promptly to 18 inquiries by the division. 19 25. A public adjuster shall provide a detailed invoice for 20 completed services to an insured prior to requesting payment 21 for services pursuant to a contract under section 522C.10. 22 26. Funds received or held by a public adjuster on behalf of 23 an insured toward the settlement of a claim shall be: 24 a. Held in a fiduciary capacity. 25 b. Deposited by the adjuster into one or more separate 26 noninterest-bearing fiduciary trust accounts in a financial 27 institution licensed to do business in this state no later 28 than the close of the fifth business day from the date the 29 public adjuster received the funds, and either deposited in the 30 insured’s name or in the name of the public adjuster as trustee 31 for the insured, to be held and administered as a trust account 32 for the benefit and protection of the insured. 33 c. Held separately from personal or nonbusiness funds. 34 d. Held separately from other business funds. 35 -42- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 42/ 92
e. Listed specifically and separately, by the insured’s name 1 and the amount in trust in the book of accounts and records of 2 the public adjuster. The book of accounts and records must 3 indicate the fiduciary nature of the account and any amounts 4 deposited or withdrawn. 5 f. Disbursed within thirty calendar days of receipt of an 6 invoice by the public adjuster from a contractor that completed 7 work, if the public adjuster receives approval of the insured 8 that the work was satisfactorily completed. 9 27. A public adjuster shall comply with all applicable local 10 ordinances. 11 28. An adjuster who fails to comply with this section shall 12 be subject to penalties under sections 522C.13 and 522C.14. 13 Sec. 46. NEW SECTION . 522C.12 Adjusters —— records. 14 1. An adjuster shall have a continuing duty to keep, at 15 the adjuster’s place of business, usual and customary records 16 pertaining to transactions undertaken by the adjuster. All 17 such records shall be kept available and open for inspection 18 by the division at any time during regular business hours; 19 however, the division is not entitled to inspect any records 20 prepared in anticipation of litigation or that are subject to 21 any privilege recognized in chapter 622. The records shall be 22 maintained for a minimum of five years from the date of the 23 adjuster transaction. 24 2. An adjuster who fails to comply with this section shall 25 be subject to penalties under sections 522C.13 and 522C.14. 26 Sec. 47. NEW SECTION . 522C.13 License denial, nonrenewal, 27 suspension, or revocation. 28 1. The division may place on probation, suspend, revoke, or 29 refuse to issue or renew an adjuster’s license, and may levy a 30 civil penalty as provided in section 522C.14, for one or more 31 of the following causes: 32 a. The adjuster provided incorrect, misleading, incomplete, 33 or materially untrue information in a license application. 34 b. The adjuster violated an insurance law, regulation, 35 -43- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 43/ 92
subpoena, or order of the commissioner or of a commissioner of 1 another state. 2 c. The adjuster obtained or attempted to obtain a license 3 through misrepresentation or fraud. 4 d. The adjuster improperly withheld, misappropriated, or 5 converted money or property received in the course of doing 6 business. 7 e. The adjuster was convicted of a felony. 8 f. The adjuster admitted to, or was found to have committed, 9 any unfair trade practice or fraud. 10 g. The adjuster used fraudulent, coercive, or dishonest 11 practices, or demonstrated incompetence, untrustworthiness, or 12 financial irresponsibility, or was a source of injury or loss 13 in the conduct of business in this state or elsewhere. 14 h. The adjuster had any professional license, or its 15 equivalent, denied, suspended, or revoked in this state or any 16 other state, province, district, or territory. 17 i. The adjuster forged another’s name to any document 18 related to the adjuster’s work as an adjuster. 19 j. The adjuster improperly used notes or any other reference 20 material to complete an examination for an adjuster license. 21 k. The adjuster knowingly negotiated as an adjuster with an 22 individual or business entity who is not, but is required to 23 be, licensed as an adjuster, appraiser, or umpire. 24 l. The adjuster failed to comply with an administrative or 25 court order imposing a child support obligation. 26 m. The adjuster failed to comply with an administrative 27 or court order related to repayment of loans to the college 28 student aid commission. 29 n. The adjuster failed to pay state income tax or to comply 30 with any administrative or court order directing payment of 31 state income tax. 32 o. The adjuster failed or refused to cooperate in 33 an investigation conducted by the commissioner or the 34 commissioner’s designee. 35 -44- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 44/ 92
p. The adjuster intentionally misrepresented the terms of an 1 actual or proposed contract for services. 2 2. If the commissioner does not renew an adjuster’s license 3 or denies an application for a license, the commissioner shall 4 notify the adjuster or applicant and advise, in writing, of 5 the reason for the nonrenewal of the license or denial of 6 the application for a license. The adjuster or applicant 7 may request a hearing on the nonrenewal or denial by filing 8 a written request for a hearing within thirty calendar days 9 from the date of notice of the nonrenewal or denial. A hearing 10 shall be conducted according to section 522C.15. 11 3. The license of a business entity may be suspended, 12 revoked, placed on probation, or refused if the commissioner 13 finds, after hearing, that an individual adjuster’s violation 14 was known or should have been known by a licensed partner, 15 officer, or manager of the business entity and the violation 16 was not reported to the commissioner and corrective action was 17 not taken. 18 4. The license of a nonresident adjuster shall be 19 immediately inactive if the nonresident adjuster is placed on 20 probation, suspended, revoked, refused, or denied licensure in 21 any other state. The nonresident adjuster shall have seven 22 calendar days to alert the commissioner that the nonresident 23 adjuster has been placed on probation, suspended, revoked, 24 refused, nonrenewed, or denied licensure in another state. 25 Failure to meet the reporting deadline shall be a violation of 26 this section. 27 5. In addition to, or in lieu of, denial, probation, 28 suspension, or revocation of a license under this section, an 29 adjuster, after hearing, may be subject to a civil penalty as 30 provided in section 522C.14. 31 6. The commissioner may enforce this chapter, may conduct 32 an investigation of any suspected violation of this chapter, 33 and may impose any penalty or remedy authorized by this chapter 34 against any person who is under investigation for, or charged 35 -45- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 45/ 92
with, a violation of this chapter even if the person’s license 1 has been surrendered or has lapsed by operation of law. 2 7. a. All complaint files, investigation files, 3 investigation reports, and other investigative information 4 in the possession of the commissioner or the commissioner’s 5 agents that relates to adjuster discipline shall be privileged 6 and confidential, and shall not be subject to discovery, 7 subpoena, or other means of legal compulsion for release to a 8 person other than the adjuster, and shall not be admissible in 9 evidence in a judicial or administrative proceeding other than 10 a proceeding involving adjuster discipline. A final written 11 decision of the commissioner in a disciplinary proceeding shall 12 be a public record. 13 b. Investigative information in the possession of the 14 commissioner or the commissioner’s agents that relates to 15 adjuster discipline may be disclosed, at the commissioner’s 16 discretion. The commissioner may share documents, materials, 17 or other information, including confidential and privileged 18 documents and materials subject to this subsection, with other 19 state, federal, and international regulatory agencies, with 20 NAIC, its affiliates or subsidiaries, and with state, federal, 21 and international law enforcement authorities, provided 22 that the recipient agrees to maintain the confidentiality 23 and privileged status of the document, material, or other 24 information. 25 c. If the investigative information in the possession of the 26 commissioner or the commissioner’s agents indicates a crime has 27 been committed, the information shall be reported to the proper 28 law enforcement agency. 29 8. a. Pursuant to section 17A.19, subsection 6, upon an 30 appeal by the adjuster, the commissioner shall transmit the 31 entire record of the contested case to the reviewing court. 32 b. Notwithstanding section 17A.19, subsection 6, if a 33 waiver of privilege has been involuntary and evidence has been 34 received at a disciplinary hearing, the court shall issue 35 -46- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 46/ 92
an order to withhold the identity of the individual whose 1 privilege was waived. 2 Sec. 48. NEW SECTION . 522C.14 Civil and criminal penalties. 3 1. a. Upon a determination by the commissioner after a 4 hearing conducted pursuant to chapter 17A that an adjuster has 5 violated a provision of this chapter, the commissioner shall 6 reduce the findings of the hearing to writing and deliver a 7 copy of the findings to the adjuster. 8 b. Upon a determination by the commissioner that an adjuster 9 has engaged, is engaging, or is about to engage in any act or 10 practice constituting a violation of this chapter or a rule 11 adopted or order issued under this chapter, the commissioner 12 may take the following actions: 13 (1) Issue an order requiring the adjuster to cease and 14 desist from engaging in the conduct resulting in the violation. 15 (2) Assess a civil penalty against the adjuster of not more 16 than one thousand dollars for each violation of this chapter, 17 not to exceed an aggregate of ten thousand dollars. 18 (3) If the adjuster knew or reasonably should have known 19 the adjuster was in violation of this chapter, assess a 20 civil penalty of not more than five thousand dollars for each 21 violation of this chapter, not to exceed an aggregate penalty 22 of fifty thousand dollars in any one six-month period. 23 (4) (a) Issue a summary order, including a brief statement 24 of findings of fact, conclusions of law, and policy reasons for 25 the decision, and directing the adjuster to cease and desist 26 from engaging in the act or practice or to take affirmative 27 action as is necessary in the judgment of the commissioner to 28 comply with the requirements of this chapter. 29 (b) An adjuster may contest a summary order by filing, 30 within thirty calendar days from the date of the issuance of 31 the summary order, a written request for a contested case 32 proceeding and hearing as provided in chapter 17A and in 33 accordance with rules adopted by the commissioner. Section 34 17A.18A shall be inapplicable to a summary order issued under 35 -47- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 47/ 92
this subsection. If a hearing is not requested within thirty 1 calendar days from the date of issuance of the summary order, 2 the summary order shall become final by operation of law. A 3 summary order shall remain effective from the date of issuance 4 until the date the order becomes final by operation of law, 5 or is modified or overturned by a presiding officer or court 6 following a request for hearing. 7 (c) An adjuster violating a summary order issued under this 8 subsection shall be deemed in contempt of the summary order. 9 The commissioner may petition the district court to enforce the 10 order as certified by the commissioner. The district court 11 shall find the adjuster in contempt of the order if the court 12 finds, after conducting a hearing, that the adjuster is not 13 in compliance with the order. The court may assess a civil 14 penalty against the adjuster and may issue further orders as 15 the court deems appropriate. 16 c. In addition to any other penalty under this section, 17 if the commissioner finds that a violation of this chapter 18 was directed, encouraged, condoned, ignored, or ratified by 19 the employer of the adjuster, the commissioner shall assess a 20 penalty to the employer. Penalties under this paragraph may be 21 retained by the commissioner under section 505.7, subsection 9. 22 2. a. A person acting as an adjuster without proper 23 licensure, or an adjuster who willfully violates any provision 24 of this chapter or an order issued under this chapter, is 25 guilty of a class “D” felony. If the violation results in a 26 loss of more than ten thousand dollars, the person or adjuster 27 is guilty of a class “C” felony. 28 b. An adjuster who steals, converts, or misappropriates 29 funds that should be held in trust under section 522C.11, is 30 guilty of a class “D” felony. If the violation results in a 31 loss of more than ten thousand dollars, the adjuster is guilty 32 of a class “C” felony. 33 c. The commissioner may refer such evidence as is available 34 concerning a violation of this chapter, or of any rule adopted 35 -48- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 48/ 92
or order issued under this chapter, or of the failure of a 1 person to comply with the licensing requirements of this 2 chapter, to the attorney general or the proper county attorney 3 who may institute the appropriate criminal proceedings under 4 this chapter. 5 d. This chapter does not limit the power of the state to 6 punish any person for conduct that constitutes a crime under 7 any other statute. 8 3. Any contract regulated by this chapter that is entered 9 into by an insured with a person who is not a licensed public 10 adjuster in this state shall be void. If a contract is void, 11 the insured is not liable for the payment for any past services 12 rendered, or future services to be rendered, by that person. 13 Sec. 49. NEW SECTION . 522C.15 Reinstatement or reissuance 14 of a license after disciplinary matters —— forfeiture in lieu of 15 compliance. 16 1. a. A person licensed as an adjuster under this chapter 17 whose license has been revoked or suspended by order, or who 18 forfeited a license in connection with a disciplinary matter, 19 may apply to the commissioner for reinstatement or reissuance 20 in accordance with the terms of the order of revocation or 21 suspension, or the order accepting the forfeiture, and submit 22 to a criminal history check under section 522B.5A. 23 b. Proceedings for reinstatement or reissuance shall be 24 initiated by the applicant who shall file with the commissioner 25 an application for reinstatement or reissuance after 26 disciplinary action. An applicant shall not be eligible for 27 reinstatement or reissuance until the applicant satisfies the 28 requirements under section 522C.5, 522C.5A, 522C.5B, 522C.5C, 29 or 522C.5D, as applicable, and the examination requirements 30 under section 522C.8. An applicant may also be required to 31 submit a new or renewal adjuster application under section 32 522C.5A, 522C.5B, 522C.5C, or 522C.5D, as applicable. 33 c. An application for reinstatement or reissuance shall 34 allege facts which, if established, are sufficient to enable 35 -49- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 49/ 92
the commissioner to determine that the basis of revocation, 1 suspension, or forfeiture of the applicant’s license no longer 2 exists, and must disclose if the applicant has engaged in 3 any conduct listed as a cause for licensing action that was 4 not included in the order for suspension, revocation, or 5 forfeiture. 6 d. An application for reinstatement or reissuance shall 7 allege facts which, if established, are sufficient to enable 8 the commissioner to determine that it is in the public 9 interest for the application to be granted. The commissioner 10 may determine that it is not in the public interest if the 11 applicant has engaged in any conduct listed as a cause for 12 licensing action that was not included in the order for 13 suspension, revocation, or forfeiture, or if the applicant does 14 not have the character and fitness to be a licensed adjuster 15 in this state. 16 e. The burden of proof to establish facts identified in 17 paragraphs “c” and “d” shall be on the applicant. 18 f. An adjuster may request reinstatement of a suspended 19 license prior to the end of the suspension term. 20 g. Unless otherwise provided by law, if an order of 21 revocation or suspension did not establish terms on which 22 reinstatement or reissuance may occur, or if the license 23 was forfeited, an initial application for reinstatement or 24 reissuance shall not be made until at least one year from the 25 date of the order of the suspension, revocation, or acceptance 26 of the forfeiture of a license. 27 2. All proceedings on an application for reinstatement or 28 reissuance, including preliminary and ancillary matters, shall 29 be held in accordance with chapter 17A. The application shall 30 be docketed in the original case in which the original license 31 was suspended, revoked, or forfeited, if the case exists. 32 3. An order of reinstatement or reissuance shall be based 33 on a written decision which incorporates findings of fact 34 and conclusions of law. An order granting an application 35 -50- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 50/ 92
for reinstatement or reissuance may impose such terms and 1 conditions as the commissioner or the commissioner’s designee 2 deems appropriate, and may include one or more penalties 3 provided under section 522C.14. The order shall be a public 4 record and may be disseminated in compliance with chapter 22. 5 4. If an adjuster’s ordered suspension period ends prior to 6 the adjuster’s license expiration date and the adjuster applies 7 for reinstatement prior to the license expiration date and 8 meets all applicable requirements, the division shall reinstate 9 the license as soon as practicable but no earlier than the end 10 of the suspension period if the division, after a complete 11 review, determines the license should be reinstated. 12 5. If an adjuster’s license is suspended beyond the 13 adjuster’s license expiration date, whether due to an ordered 14 suspension time period or failure to apply for reinstatement 15 prior to expiration, the adjuster must apply for reissuance. 16 6. A submission of voluntary forfeiture of a license 17 shall be made in writing to the commissioner. Forfeiture of 18 a license is effective on the date of submission unless a 19 contested case proceeding is pending on the date of submission. 20 If a contested case proceeding is pending, the forfeiture 21 shall become effective upon conditions as ordered by the 22 commissioner. A forfeiture made during the pendency of a 23 contested case proceeding shall be considered a disciplinary 24 action and shall be published in the same manner as is 25 applicable to any other form of disciplinary order. 26 7. The commissioner shall not be prohibited from denying an 27 application for reinstatement or reissuance, or from bringing 28 an additional immediate action, if an adjuster has engaged in 29 an additional violation of chapter 507B or 522C, or otherwise 30 failed to meet all applicable requirements. 31 8. This section shall not apply to reinstatement of an 32 expired license or issuance of a new license that is not in 33 connection with a disciplinary matter. 34 Sec. 50. NEW SECTION . 522C.16 Suspension for failure to 35 -51- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 51/ 92
pay child support or state debt. 1 1. The commissioner shall deny an adjuster’s application 2 for license issuance, renewal, reinstatement, or reissuance; 3 suspend a current license; or revoke a currently suspended 4 license, upon receipt of a certificate of noncompliance from 5 the child support recovery unit pursuant to chapter 252J, 6 or upon receipt of a certificate of noncompliance from the 7 centralized collection unit of the department of revenue 8 pursuant to chapter 272D. 9 2. Upon receipt of a certificate of noncompliance under 10 subsection 1, the commissioner shall issue a notice to the 11 adjuster that the division will, unless the certificate of 12 noncompliance is withdrawn, deny the adjuster’s application 13 for license issuance, renewal, reinstatement, or reissuance, 14 suspend the adjuster’s current license, or revoke the 15 adjuster’s currently suspended license, thirty calendar days 16 after the date the notice is mailed. Notice shall be sent 17 to the adjuster’s last known address by restricted certified 18 mail, return receipt requested, or in accordance with the 19 division’s rules for service. The notice shall contain all of 20 the following: 21 a. A statement that the commissioner intends to deny 22 the adjuster’s application for license issuance, renewal, 23 reinstatement, or reissuance; suspend the adjuster’s current 24 license; or revoke the adjuster’s currently suspended license 25 in thirty calendar days unless the certificate of noncompliance 26 is withdrawn. 27 b. A statement that the adjuster must contact the agency 28 that issued the certificate of noncompliance to request a 29 withdrawal. 30 c. A statement that the adjuster does not have a right to 31 a hearing before the division, but that the adjuster may file 32 an application for a hearing in district court pursuant to 33 section 252J.9 or 272D.9, as applicable, and that the filing 34 of an application by the adjuster will stay the proceedings of 35 -52- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 52/ 92
the division. 1 d. A copy of the certificate of noncompliance. 2 3. An adjuster shall keep the commissioner informed of all 3 actions taken by the district court or the issuing agency in 4 connection with a certificate of noncompliance. Within seven 5 calendar days of filing or issuance, an adjuster shall provide 6 to the commissioner a copy of all applications filed with the 7 district court pursuant to an application or hearing, all 8 court orders entered in such action, and all withdrawals of a 9 certificate of noncompliance. 10 4. If an applicant or licensed adjuster timely files an 11 application for hearing in district court and the division 12 is notified of the filing, the commissioner’s denial, 13 suspension, or revocation proceedings shall be stayed until 14 the division is notified by the district court, the issuing 15 agency, the licensee, or the applicant of the resolution of 16 the application. Upon receipt of a court order lifting the 17 stay or otherwise directing the commissioner to proceed, the 18 commissioner shall continue with the intended action described 19 in the notice. 20 5. If the commissioner does not receive a withdrawal of 21 the certificate of noncompliance from the issuing agency, or a 22 notice from a clerk of court, the issuing agency, the licensee, 23 or the applicant that an application for hearing has been filed 24 within thirty calendar days after the notice is issued, the 25 commissioner shall deny the adjuster’s application for license 26 issuance, renewal, reinstatement, or reissuance; suspend a 27 current license; or revoke a currently suspended license. 28 6. Upon receipt of a withdrawal of a certificate of 29 noncompliance from the issuing agency, suspension or revocation 30 proceedings shall halt and the named adjuster shall be notified 31 that the proceedings have halted. If the adjuster’s license 32 has already been suspended, the adjuster must apply for 33 reinstatement in accordance with section 522C.15, and the 34 license shall be reinstated if the adjuster is otherwise in 35 -53- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 53/ 92
compliance with this chapter. If the adjuster’s application 1 for licensure was stayed, application processing shall resume. 2 All fees required for license renewal, reinstatement, or 3 reissuance must be paid by the adjuster, and all continuing 4 education requirements shall be satisfied, before the 5 adjuster’s license is renewed or reinstated after a license 6 suspension or revocation under this chapter. 7 7. The commissioner shall notify an adjuster in writing 8 through regular first class mail, or such other means as the 9 commissioner deems appropriate under the circumstances, within 10 ten calendar days of the effective date of the suspension or 11 revocation of the adjuster’s license, and shall also notify the 12 adjuster when the adjuster’s license is reinstated following 13 the commissioner’s receipt of a withdrawal of the certificate 14 of noncompliance. 15 8. Notwithstanding any provision of law to the contrary, the 16 division may share information with the child support recovery 17 unit or the centralized collection unit of the department of 18 revenue for the sole purpose of identifying adjusters subject 19 to enforcement under chapter 252J or 272D. 20 Sec. 51. NEW SECTION . 522C.17 Severability. 21 If any provision of this chapter or the application thereof 22 to any person or circumstance is held invalid, the invalidity 23 does not affect other provisions or applications of this 24 chapter which can be given effect without the invalid provision 25 or application, and to this end the provisions of this chapter 26 are severable. 27 Sec. 52. APPLICABILITY. The licensure and examination 28 requirements of chapter 522C in this division of this Act apply 29 three months after the enactment date of this division of this 30 Act to a person currently doing business in this state as an 31 independent adjuster or a staff adjuster as of January 1, 2025. 32 DIVISION VI 33 LICENSING AND REGULATION OF APPRAISERS AND UMPIRES 34 Sec. 53. Section 507B.2, subsection 1, Code 2025, is amended 35 -54- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 54/ 92
to read as follows: 1 1. “Person” shall mean any individual, corporation, 2 association, partnership, reciprocal exchange, interinsurer, 3 fraternal beneficiary association, and any other legal entity 4 engaged in the business of insurance, including insurance 5 producers , appraisers, umpires, and adjusters. “Person” shall 6 also mean any corporation operating under the provisions of 7 chapter 514 and any benevolent association as defined and 8 operated under chapter 512A . For purposes of this chapter , 9 corporations operating under the provisions of chapter 514 and 10 chapter 512A shall be deemed to be engaged in the business of 11 insurance. 12 Sec. 54. Section 522B.5A, subsection 2, paragraph c, Code 13 2025, is amended to read as follows: 14 c. A renewal, reinstatement, or reissuance of a license 15 if the license of a producer has been revoked or suspended 16 pursuant to section 522B.11 , the license of a public adjuster 17 has been revoked or suspended pursuant to section 522C.6 18 522C.13 , or the license of a viatical settlement provider 19 or viatical settlement broker has been revoked or suspended 20 pursuant to section 508E.4 , or the license of an appraiser or 21 an umpire has been revoked or suspended pursuant to section 22 522F.20 . 23 Sec. 55. Section 522B.5A, subsection 2, Code 2025, is 24 amended by adding the following new paragraphs: 25 NEW PARAGRAPH . f. An initial license as an appraiser in 26 this state. 27 NEW PARAGRAPH . g. An initial license as an umpire in this 28 state. 29 Sec. 56. NEW SECTION . 522F.1 Definitions. 30 As used in this chapter, unless the context otherwise 31 requires: 32 1. “Adjuster” means a person licensed pursuant to chapter 33 522C. 34 2. “Amount of loss” means the monetary amount determined 35 -55- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 55/ 92
to be necessary to properly repair or replace damage related 1 to the scope of a loss for a covered peril, and is limited to 2 all applicable coverages for covered items associated with the 3 claim. 4 3. “Appraiser” means a person licensed as an appraiser 5 pursuant to section 522F.4. 6 4. “Appraiser list” means a list, maintained by the 7 division, of all appraisers licensed by the division. 8 5. “Claimant” means a person who makes a first-party claim 9 under a policy of property and casualty insurance. 10 6. “Commissioner” means the commissioner of insurance. 11 7. “Disciplinary matter” means an individual is the subject 12 of an investigation, complaint, pending administrative action, 13 or other such action in any state. 14 8. “First-party claim” means a claim filed by a named 15 insured under an insurance policy against which a claim is 16 made. 17 9. “Good cause” means a legally sufficient reason including 18 but not limited to any of the following: 19 a. A conflict of interest. 20 b. A lack of independence or an inability to competently or 21 promptly carry out the duties required under this chapter. 22 c. Any other reason that would reasonably be expected to 23 impair an appraisal. 24 10. “Immediate family” means an individual’s parent, 25 sibling, child, grandchild, spouse, spouses of the individual’s 26 children, or parents of the individual’s spouse. 27 11. “Insured” means a person covered under an insurance 28 policy against which a claim is made. 29 12. “Insurer” means a person engaged in the business of 30 insurance and regulated under chapter 507A, 508, 512B, 515, 31 518, 518A, or 520. 32 13. “NIPR gateway” means the communication network developed 33 and operated by the national insurance producer registry that 34 links state insurance regulators with regulated entities to 35 -56- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 56/ 92
facilitate the electronic exchange of adjuster information, 1 including but not limited to license applications, license 2 renewals, appointments, and terminations. 3 14. “Party” means an insurer or a claimant, including an 4 employee, contractor, and other representative of an insurer 5 or claimant. 6 15. “Person” means an individual or a business entity. 7 16. “Reinstatement” means the reinstatement of a suspended 8 license which was suspended in connection with a disciplinary 9 matter, and that has not expired or been terminated during the 10 suspension period. 11 17. “Reissuance” means the issuance of a new license 12 following the revocation of a license, the suspension and 13 subsequent termination of a license, or the forfeiture of a 14 license in connection with a disciplinary matter. 15 18. “Umpire” means a person licensed as an umpire pursuant 16 to section 522F.9. 17 19. “Umpire list” means a list, maintained by the division, 18 of all umpires licensed by the division. 19 Sec. 57. NEW SECTION . 522F.2 Rules. 20 The commissioner may adopt rules pursuant to chapter 17A to 21 administer this chapter. 22 Sec. 58. NEW SECTION . 522F.3 Appraiser’s license —— 23 eligibility. 24 1. A person shall not act as, or represent that the person 25 is, an appraiser in this state unless the person is licensed 26 under this chapter. A person that acts as an appraiser in this 27 state solely for a crop hail or multiperil crop insurance claim 28 shall not be subject to this chapter. 29 2. A person applying for an appraiser license shall submit 30 an application on a uniform individual application or a uniform 31 business entity application in the form and manner prescribed 32 by the commissioner. 33 3. To be eligible for licensure under this chapter, a person 34 shall meet all of the following criteria: 35 -57- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 57/ 92
a. Have experience or training in building construction, 1 repair, or estimating property damage. 2 b. Unless waived by the commissioner based on the person’s 3 other professional qualifications, have a minimum of three 4 years’ experience as any of the following: 5 (1) A professional engineer licensed under chapter 542B or 6 similarly licensed in another state. 7 (2) An architect licensed under chapter 544A or similarly 8 licensed in another state. 9 (3) An adjuster licensed under chapter 522C or similarly 10 licensed in another state. 11 (4) A residential contractor as defined in section 103A.71. 12 (5) A contractor registered under chapter 91C or similarly 13 registered in another state. 14 c. (1) Pass a written examination as prescribed by 15 the division. The examination shall test the knowledge of 16 a person concerning the appraisal process, the duties and 17 responsibilities of an appraiser, and the insurance laws and 18 rules of this state. Examination results shall be valid for 19 ninety calendar days from the date of examination. 20 (2) An individual who concurrently applies for an appraiser 21 license, and a license as an adjuster under chapter 522C, may 22 choose to take a joint examination conducted as prescribed by 23 the division. The joint examination shall test the knowledge 24 of the individual concerning the duties and responsibilities 25 of an adjuster and of an appraiser, and the insurance laws 26 and administrative rules of this state. An individual who 27 successfully passes a joint examination, and who meets all 28 other requirements for licensure as an appraiser, and as an 29 adjuster under chapter 522C, shall be licensed as both an 30 adjuster and as an appraiser. 31 d. Have the requisite character and competence, as 32 determined by the division. 33 4. To determine an applicant’s eligibility for licensure, 34 the commissioner may require a criminal history check pursuant 35 -58- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 58/ 92
to section 522B.5A. 1 Sec. 59. NEW SECTION . 522F.4 Appraisers —— licensure, 2 license renewal, and fees. 3 1. A person who meets the requirements under section 522F.3, 4 unless otherwise denied licensure pursuant to section 522F.20, 5 shall be issued an appraiser license that is valid for two 6 years from the date of issue. 7 2. Any applicable fee for a criminal history check pursuant 8 to section 522B.5A. 9 3. The fee for an initial appraiser license, or renewal of 10 an appraiser license, shall be fifty dollars for a two-year 11 license. An applicant who concurrently applies for both an 12 appraiser license, and a license as an adjuster under chapter 13 522C, shall only be required to pay the fee required under this 14 chapter or the fee required under chapter 522C. 15 4. The fee for reinstatement of an expired appraiser license 16 shall be one hundred dollars. 17 5. The fee for a reinstatement or reissuance of an appraiser 18 license suspended or revoked due to a disciplinary action shall 19 be one hundred dollars. 20 6. An appraiser’s license shall contain the licensee’s 21 name, business address, appraisal license number, the date of 22 issuance, the expiration date, and any other information the 23 division deems necessary. 24 7. An appraiser licensed under this chapter shall be 25 required to complete continuing education requirements, as 26 prescribed by the division, to be eligible for license renewal 27 or reinstatement. 28 8. An appraiser licensed under this chapter shall inform 29 the division, in the manner and form specified by the division, 30 of a change of legal name or business address within thirty 31 calendar days of the change. Failure to timely inform the 32 division may result in a penalty as specified in section 33 522F.20. 34 9. The division shall publish an appraiser list on the 35 -59- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 59/ 92
division’s internet site in a manner readily available to the 1 public. The appraiser list shall include all of the following 2 information for each licensed appraiser: 3 a. The business telephone number, business mailing address, 4 business email address, and the county and state of residence 5 of the appraiser as provided to the division by the appraiser 6 for licensure. 7 b. The appraiser’s area of training or expertise. 8 c. The date of the appraiser’s initial licensure and the 9 date the license expires. 10 10. Prior to approving a business entity’s application for 11 a license as an appraiser, the commissioner shall find that the 12 business entity has designated an individual appraiser licensed 13 in this state to be responsible for the business entity’s 14 compliance with the insurance laws and rules of this state. 15 Sec. 60. NEW SECTION . 522F.5 Appraiser license 16 reinstatement —— not related to disciplinary action. 17 1. An appraiser may apply for reinstatement of an expired 18 license up to one year after the license expiration date 19 by submitting a request through the NIPR gateway, paying a 20 reinstatement fee and a license renewal fee, and submitting 21 evidence to the division that the appraiser met the continuing 22 education requirements under section 522F.4. An appraiser who 23 fails to apply for license reinstatement within one year of the 24 date of expiration of the appraiser’s license must apply for 25 a new license. 26 2. An appraiser who surrendered a license, not in connection 27 with a disciplinary matter, and stated an intent to exit the 28 appraiser business may file a request with the division to 29 reactivate the appraiser license. The request must be received 30 by the division within ninety calendar days of the date the 31 appraiser’s license was placed on inactive status. The request 32 shall be granted if the former appraiser is otherwise eligible 33 to receive an appraiser license. If the appraiser’s request to 34 reactivate the license is not received within ninety calendar 35 -60- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 60/ 92
days of the date the appraiser’s license was placed on inactive 1 status, the appraiser must apply for a new license. 2 3. An appraiser whose license is suspended, revoked, 3 or forfeited in connection with a disciplinary matter, or 4 forfeited in lieu of compliance, shall not be eligible for 5 reinstatement under this section and must follow the procedures 6 in section 522F.22. 7 Sec. 61. NEW SECTION . 522F.6 Appraisers —— payment. 8 1. Each party to an appraisal shall be responsible for the 9 following: 10 a. The party’s own appraiser’s fees and expenses. 11 b. An equal share of all reasonable and necessary fees and 12 expenses incurred by an umpire, if necessary. 13 c. An equal share of all reasonable and necessary costs 14 incurred in the course of conducting the appraisal. 15 2. An appraiser shall not charge any party on a basis 16 dependent on the outcome of the written itemized award, or 17 charge in a manner that relies on a barter arrangement, gift, 18 favor, or in-kind exchange. 19 3. An appraiser shall not charge, and is not entitled to, 20 a fee, compensation, deposit, or other type of consideration 21 if the appraiser abandons the appraisal prior to the umpire 22 issuing a written itemized award. 23 Sec. 62. NEW SECTION . 522F.7 Appraisers —— standards of 24 conduct. 25 1. An appraiser shall act with due diligence, including but 26 not limited to demonstrating accuracy, fairness, and timeliness 27 throughout an appraisal process. 28 2. a. (1) No later than five business days after being 29 hired by a party to an appraisal and before beginning work as 30 an appraiser, an appraiser shall disclose to all parties to the 31 appraisal any potential conflict of interest. 32 (2) An appraiser shall not engage in any act or practice 33 that is a conflict of interest during the appraisal. 34 (3) If a conflict of interest arises after the start of the 35 -61- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 61/ 92
appraisal process, an appraiser shall disclose the conflict of 1 interest to the parties and shall withdraw from the appraisal 2 process no more than five business days after the conflict of 3 interest arose. 4 b. A conflict of interest shall include but is not limited 5 to all of the following: 6 (1) An appraiser is a party to a lawsuit against any party 7 to an appraisal. 8 (2) An appraiser is a party to, or a member or employee 9 of a law firm that represents a party to, a current lawsuit 10 involving an insurer that is a party to the appraisal. 11 (3) An appraiser has personally investigated, prosecuted, 12 or advocated in connection with the appraisal. 13 (4) An appraiser has acted as counsel to any party to 14 an appraisal within the two years immediately preceding the 15 appraisal. 16 (5) An appraiser has a personal financial interest in the 17 outcome of the appraisal or any other significant interest 18 that could be substantially affected by the outcome of the 19 appraisal. 20 (6) A member of an appraiser’s immediate family is any of 21 the following: 22 (a) A party to the appraisal, or an officer, director, or 23 trustee of a party. 24 (b) A current employee of an appraiser or an adjuster to the 25 appraisal. 26 (c) A business entity licensed as an adjuster that adjusted 27 the loss at issue in the appraisal. 28 (d) Known to have an interest that could be substantially 29 affected by the outcome of the appraisal. 30 (e) An immediate family member that has a legally sufficient 31 reason that requires the appraiser to withdraw from the 32 appraisal. 33 3. An appraiser shall postpone an appraisal for a reasonable 34 amount of time if any party demonstrates reasonable cause for 35 -62- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 62/ 92
a postponement. The appraiser shall notify all parties if 1 the appraisal process is postponed. An appraiser’s failure 2 to timely notify all parties may result in a penalty under 3 sections 522F.20 and 522F.21. 4 4. In the course of an appraisal, an appraiser shall 5 consider all information provided by the parties and any 6 other reasonably available evidence that is material to the 7 appraisal. 8 5. In the course of an appraisal, an appraiser shall 9 carefully decide all issues submitted for determination of the 10 amount of loss and actual cash value. 11 6. In the course of an appraisal, an appraiser shall provide 12 all parties a fair and reasonable itemized written appraisal 13 detailing the amount of loss and actual cash value. 14 7. In the course of an appraisal, an appraiser shall ensure 15 the appraiser’s party is reasonably informed of all updates 16 throughout the appraisal process. 17 8. An appraiser shall not permit outside influence to affect 18 an appraisal. 19 9. An appraiser shall not allow a person other than the 20 umpire for the appraisal to determine differences between the 21 actual cash value and the amount of loss of each item on the 22 appraisal. 23 10. a. An appraiser shall not communicate directly or 24 indirectly with any of the following: 25 (1) An opposing party or representative of the opposing 26 party other than the opposing party’s appraiser. 27 (2) The umpire, unless reasonable notice and opportunity 28 to participate in the communication is provided to an opposing 29 appraiser. 30 b. Notwithstanding paragraph “a” , an appraiser may 31 communicate with an opposing party or an umpire in order to do 32 any of the following: 33 (1) Identify the party’s counsel or experts. 34 (2) Discuss logistical matters, including the time and 35 -63- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 63/ 92
place of a meeting or to make arrangements for the conduct 1 of the appraisal. The appraiser initiating contact with the 2 umpire shall promptly inform an opposing appraiser. 3 (3) If an opposing appraiser fails to participate in a 4 meeting or conference call after receiving reasonable notice 5 and opportunity to participate, or if all parties agree 6 in writing in advance of a meeting or conference call, an 7 appraiser may discuss a claim with the umpire. 8 11. An appraiser shall not act as, or have ever acted as, an 9 adjuster or umpire on the same claim. 10 12. An appraiser shall not withdraw or abandon an appraisal 11 unless compelled by unforeseen circumstances that would render 12 it impossible or impracticable for the appraiser to continue. 13 13. During the appraisal process, an appraiser may hire 14 an outside expert to provide subject matter expertise as 15 necessary. 16 Sec. 63. NEW SECTION . 522F.8 Umpire license —— eligibility. 17 1. An individual shall not act as, or represent that the 18 individual is, an umpire in this state unless the individual 19 is licensed under this chapter. An individual that acts as an 20 umpire in this state solely for a crop hail or multiperil crop 21 insurance claim shall not be subject to this chapter. 22 2. An individual applying for an umpire license shall submit 23 an application on a uniform individual application in the form 24 and manner prescribed by the commissioner. 25 3. To be eligible for licensure under this chapter, an 26 individual shall meet all of the following criteria: 27 a. Unless waived by the commissioner based on the 28 individual’s other professional qualifications, have a minimum 29 of three years’ experience as any of the following: 30 (1) A professional engineer licensed under chapter 542B or 31 similarly licensed in another state. 32 (2) An architect licensed under chapter 544A or similarly 33 licensed in another state. 34 (3) An adjuster licensed under chapter 522C or similarly 35 -64- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 64/ 92
licensed in another state. 1 (4) An appraiser licensed under this chapter or similarly 2 licensed in another state. 3 (5) An attorney licensed in this state, or another state, 4 with experience in first-party property damage litigation. 5 (6) An insurance regulator. 6 b. Pass a written examination as prescribed by the 7 division. The examination shall test the knowledge of the 8 individual concerning the appraisal process, the duties and 9 responsibilities of an umpire, and the insurance laws and rules 10 of this state. Examination results shall be valid for ninety 11 calendar days from the date of examination. 12 c. Have the requisite character and competence, as 13 determined by the division. 14 4. To determine an applicant’s eligibility for licensure, 15 the commissioner may require a criminal history check pursuant 16 to section 522B.5A. 17 Sec. 64. NEW SECTION . 522F.9 Umpires —— licensure, license 18 renewal, and fees. 19 1. An individual who meets the requirements of section 20 522F.8, unless otherwise denied licensure pursuant to section 21 522F.20, shall be issued an umpire license that is valid for 22 two years from the date of issue. 23 2. Any applicable fee for a criminal history check pursuant 24 to section 522B.5A. 25 3. The fee for an initial umpire license, or renewal of an 26 umpire license, shall be fifty dollars for a two-year license. 27 4. The fee for reinstatement of an expired umpire license 28 shall be one hundred dollars. 29 5. The fee for a reinstatement or reissuance of an umpire 30 license suspended or revoked due to a disciplinary action shall 31 be one hundred dollars. 32 6. An umpire’s license shall contain the licensee’s name, 33 business address, umpire license number, the date of issuance, 34 the expiration date, and any other information the division 35 -65- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 65/ 92
deems necessary. 1 7. An umpire licensed under this chapter shall be required 2 to complete continuing education requirements, as prescribed 3 by the division to be eligible for license renewal or 4 reinstatement. 5 8. An umpire licensed under this chapter shall inform the 6 division, in the manner and form specified by the division, 7 of a change of legal name or business address within thirty 8 calendar days of the change. Failure to timely inform the 9 division may result in a penalty as specified in sections 10 522F.20 and 522F.21. 11 9. The division shall publish an umpire list on the 12 division’s internet site in a manner that is readily available 13 to the public. The umpire list shall include all of the 14 following information for each licensed umpire: 15 a. The business telephone number, business mailing address, 16 business email address, and the county and state of residence 17 of the umpire as provided to the division by the umpire for 18 licensure. 19 b. The umpire’s area of training and expertise. 20 c. The date of the umpire’s initial licensure and the date 21 the license expires. 22 Sec. 65. NEW SECTION . 522F.10 Umpire license reinstatement 23 —— not related to disciplinary action. 24 1. An umpire may apply for reinstatement of an expired 25 license up to one year after the license expiration date 26 by submitting a request through the NIPR gateway, paying a 27 reinstatement fee, and submitting evidence to the division that 28 the umpire met the continuing education requirements under 29 section 522F.9. An umpire who fails to apply for license 30 reinstatement within one year of the date of expiration of the 31 umpire’s license must apply for a new license. 32 2. An umpire who surrendered a license, not in connection 33 with a disciplinary matter, and stated an intent to exit the 34 umpire business, may file a request with the division to 35 -66- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 66/ 92
reactivate the umpire license. The request must be received 1 by the division within ninety calendar days of the date the 2 umpire’s license was placed on inactive status. The request 3 shall be granted if the former umpire is otherwise eligible 4 to receive an umpire license. If the umpire’s request to 5 reactivate the umpire’s license is not received within ninety 6 calendar days of the date the license was placed on inactive 7 status, the umpire must apply for a new license. 8 3. An umpire whose license is suspended, revoked, or 9 forfeited in connection with a disciplinary matter, or 10 forfeited in lieu of compliance, shall not be eligible for 11 reinstatement under this section and must follow the procedures 12 in section 522F.22. 13 Sec. 66. NEW SECTION . 522F.11 Umpires —— payment. 14 1. In addition to the costs each party is responsible 15 for under section 522F.6, each party to an appraisal that 16 requires an umpire shall be responsible for an equal share of 17 all reasonable and necessary fees and expenses incurred by the 18 umpire. 19 2. If the parties settle before the appraisers direct the 20 umpire to begin work, the umpire shall not charge a fee. 21 3. An umpire shall not charge any party on a basis dependent 22 on the outcome of the written itemized award, or charge in a 23 manner that relies on a barter arrangement, gift, favor, or 24 in-kind exchange. 25 4. Prior to the conclusion of an appraisal process via 26 final settlement, or issuance of a written itemized award by 27 an umpire, an umpire shall not require, demand, or accept 28 any fee, retainer, compensation, deposit, or other type of 29 consideration, unless the loss is being handled by the umpire 30 on a time-plus-expense basis. 31 5. An umpire shall not charge, and is not entitled to, a 32 fee, compensation, deposit, or other type of consideration if 33 the umpire abandons the appraisal prior to the umpire issuing a 34 written itemized award. 35 -67- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 67/ 92
Sec. 67. NEW SECTION . 522F.12 Umpires —— objections. 1 A party or appraiser that objects for good cause to a 2 selected umpire within the time limit specified in section 3 522F.14, subsection 3, paragraph “b” , shall send the objection 4 to all parties involved in the appraisal and, if applicable, to 5 the judge who appointed the umpire from the umpire list under 6 section 522F.14, subsection 3, paragraph “d” . A copy of the 7 objection shall be sent to the division electronically in the 8 form and manner prescribed by the commissioner. The objection 9 shall include all of the following information: 10 1. The names of all parties involved in the dispute. 11 2. The name of the person submitting the objection. 12 3. The insurer’s claim number. 13 4. The name of the umpire that the party or appraiser 14 objects to. 15 5. An explanation of the good cause basis for the objection. 16 Sec. 68. NEW SECTION . 522F.13 Umpires —— standards of 17 conduct. 18 1. An umpire shall act with due diligence, including but 19 not limited to demonstrating accuracy, fairness, and timeliness 20 throughout an appraisal process. 21 2. a. (1) No later than three business days after being 22 hired by the parties to an appraisal and before beginning work 23 as an umpire to the appraisal, an umpire shall disclose to all 24 parties to the appraisal any potential conflict of interest. 25 If a conflict of interest exists, the umpire shall withdraw 26 from the appraisal. 27 (2) An umpire shall not engage in any act or practice that 28 is a conflict of interest during the appraisal. 29 (3) If a conflict of interest arises after the start of an 30 appraisal process, an umpire shall disclose the conflict of 31 interest to the parties and shall withdraw from the appraisal 32 process. 33 b. A conflict of interest shall include but is not limited 34 to the following: 35 -68- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 68/ 92
(1) An umpire is a party to a lawsuit against any party to 1 an appraisal. 2 (2) An umpire is a party to, or a member or employee of 3 a law firm that represents a party to, a current lawsuit 4 involving an insurer that is party to the appraisal. 5 (3) An umpire has a personal open claim involving an insurer 6 that is a party to the appraisal. 7 (4) An umpire has a personal bias or prejudice against a 8 party. 9 (5) An umpire has personally investigated, prosecuted, or 10 advocated in connection with the appraisal. 11 (6) An umpire has acted as counsel to any party to an 12 appraisal within the two years immediately preceding the 13 appraisal. 14 (7) An umpire has a personal financial interest in the 15 outcome of the appraisal or any other significant interest 16 that could be substantially affected by the outcome of the 17 appraisal. 18 (8) A member of an umpire’s immediate family is any of the 19 following: 20 (a) A party to the appraisal, or an officer, director, or 21 trustee of a party. 22 (b) A current employee of an appraiser or an adjuster to the 23 appraisal. 24 (c) A business entity licensed as an adjuster that adjusted 25 the loss at issue in the appraisal. 26 (d) Known to have an interest that could be substantially 27 affected by the outcome of the appraisal. 28 (e) An immediate family member that has a legally sufficient 29 reason that requires the umpire to withdraw from the appraisal. 30 3. Prior to beginning work as an umpire, an umpire shall 31 enter into a written contract with all parties to the appraisal 32 that requires the parties and the umpire to comply with this 33 section, and provides that each party shall pay costs as 34 required under section 522F.11. 35 -69- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 69/ 92
4. An umpire shall not begin work on a claim until the 1 umpire receives each appraiser’s differences in actual cash 2 value and amount of loss of each item of the claim, and written 3 approval from the parties for the umpire to begin work. 4 5. No later than three business days after receiving notice 5 of selection for an appraisal, an umpire shall send notice 6 to the parties and the appraisers that includes all of the 7 following: 8 a. A statement informing each party if the umpire is insured 9 by an insurer. 10 b. A statement informing each party of the party’s 11 respective right to object to the umpire under section 522F.12. 12 6. An umpire shall address only issues in an appraisal that 13 the appraisers disagree on. 14 7. An umpire shall review all information submitted by the 15 appraisers and parties related to the dispute, including but 16 not limited to the itemized appraisals or estimates, supporting 17 documents, photographs, and diagrams. The umpire shall review 18 the differences between what each appraiser submitted and seek 19 agreement by the appraisers regarding the disputed issues. 20 8. An umpire shall allow each appraiser to a claim a fair 21 opportunity to present evidence and arguments regarding the 22 appraisal. 23 9. An umpire shall ask questions, or request documents or 24 other evidence, as the umpire deems necessary in the course of 25 an appraisal. 26 10. An umpire may accept either appraiser’s scope, 27 quantity, value, or cost regarding an item in dispute, or 28 develop an independent decision on each item in dispute. 29 11. An umpire shall decide all matters in an appraisal 30 fairly, and shall exercise independent judgment and integrity. 31 12. An umpire shall prepare and distribute a written 32 itemized award pursuant to section 522F.16. 33 13. An umpire shall not visit the claimant’s damaged 34 property without consent from all appraisers. 35 -70- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 70/ 92
14. An umpire shall not withdraw or abandon an appraisal 1 unless compelled by unforeseen circumstances that would render 2 it impossible or impracticable for the umpire to continue on a 3 claim. 4 15. An umpire shall not attend or participate in settlement 5 discussions unless requested to do so by all parties. 6 16. An umpire shall not permit outside influences to affect 7 an appraisal. 8 17. An umpire shall not delegate the umpire’s duty to decide 9 a claim to any other person. 10 18. Unless reasonable notice and opportunity to participate 11 in a communication is provided to an opposing party and the 12 opposing party’s appraiser, an umpire shall not communicate, 13 directly or indirectly, with any party or appraiser regarding a 14 pending appraisal. 15 19. Unless reasonable notice and opportunity to participate 16 in a communication is provided to all parties, an umpire shall 17 not communicate, directly or indirectly, with any party, a 18 representative of any party, or any other person with a direct 19 or indirect interest in the claim, regarding an issue of fact 20 or law in the appraisal. 21 20. An umpire shall not act as, or have ever acted as, an 22 adjuster or appraiser on the same claim. 23 Sec. 69. NEW SECTION . 522F.14 Appraisal process. 24 1. This section provides for the appraisal process if all 25 of the following apply: 26 a. The claimant’s insurance policy is delivered, issued for 27 delivery, or renewed in this state. 28 b. The property that is the subject of the claimant’s 29 claim is located in this state, or the dispute is subject to 30 jurisdiction in this state. 31 c. A claimant gave proper notice to the claimant’s insurer 32 of a loss claim, and the claimant and insurer dispute the 33 actual cash value of the scope of loss, or the amount of loss 34 the insurer will pay, for the claimant’s claim under the 35 -71- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 71/ 92
claimant’s policy. The claimant and the insurer must both 1 provide the other party with a scope of loss of a covered 2 peril, including a list stating separately the actual cash 3 value and the amount of claimed loss for each item. 4 d. The claimant or insurer demands in writing an appraisal. 5 2. Within twenty calendar days following either the 6 claimant’s or insurer’s receipt of the other party’s written 7 demand for an appraisal, the claimant and the insurer 8 shall each select an appraiser from the appraiser list. 9 Upon selection, the appraiser shall attest in writing to 10 the selecting party that the appraiser is competent and 11 disinterested with regards to the appraisal in question. 12 3. a. Within fifteen calendar days of the selection of 13 appraisers pursuant to subsection 2, both appraisers shall 14 agree on an umpire from the umpire list. 15 b. A party or an appraiser may object to the agreed-upon 16 umpire for good cause pursuant to section 522F.12 no later 17 than five business days after the umpire has been selected. A 18 replacement umpire from the umpire list shall then be agreed 19 upon by both appraisers. 20 c. If both appraisers fail to agree on an umpire, either the 21 claimant or insurer shall immediately provide written notice 22 to the division, in the form and manner prescribed by the 23 division, and the division shall randomly select an umpire from 24 the umpire list and notify the parties. 25 d. If either appraiser requests that an umpire be selected 26 by a judge in the state in which the property that is the 27 subject of the claim is located, a judge shall give deference 28 to the randomly selected umpire from the umpire list by the 29 division unless either the claimant or the insurer provides 30 good cause for the judge to make an alternative selection from 31 the umpire list. 32 4. Within forty-five calendar days from the date the 33 umpire is selected, both appraisers shall appraise the loss, 34 stating separately the actual cash value and the amount of 35 -72- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 72/ 92
loss for each item. Each appraiser shall submit separately 1 the appraiser’s actual cash value and amount of loss of each 2 item, along with any supporting information, to the umpire. 3 Each appraiser shall also submit written authorization for the 4 umpire to commence the umpire’s work. 5 5. No later than forty-five calendar days after receipt of 6 the actual cash value and amount of loss under subsection 4, 7 the umpire shall prepare and provide to the parties and each 8 appraiser a written itemized award showing the actual cash 9 value and amount of loss. The written itemized award shall 10 include but is not limited to all of the following: 11 a. Contact information for each appraiser and the umpire. 12 b. The insured’s policy number and the insured’s claim 13 number. 14 c. The date of the insured’s loss. 15 d. The type of covered peril that caused the loss. 16 e. The date the umpire commenced work. 17 f. The legal name of the insurer. 18 g. The physical address of the property on which the insured 19 made a claim. 20 h. The date of the umpire’s written itemized award. 21 i. (1) A description and itemization of the final written 22 itemized award by coverage type, including but not limited to: 23 (a) Coverage A —— dwelling. 24 (b) Coverage B —— other structures. 25 (c) Coverage C —— personal property. 26 (2) The description and itemization by coverage type shall 27 include contested items that have been resolved, sublimits, 28 and other disputed items. Items, including but not limited 29 to items with sublimits, shall be separately noted to avoid 30 ambiguity in the final written itemized award. 31 j. The signature of the umpire and at least one appraiser. 32 6. Prior to the umpire issuing the written itemized award, 33 the parties may agree to conclude the appraisal process when 34 the parties reach a final settlement. 35 -73- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 73/ 92
Sec. 70. NEW SECTION . 522F.15 Appraisal clause. 1 All property insurance policies delivered, issued for 2 delivery, continued, or renewed in this state on or after 3 January 1, 2026, shall contain an appraisal clause that 4 complies with this chapter. 5 Sec. 71. NEW SECTION . 522F.16 Appraisal award. 6 1. An appraiser and umpire shall act with due diligence in 7 achieving an appraisal award. 8 2. An insurer’s payment of an appraisal award to an insured 9 shall be subject to the limits of coverage, and other terms and 10 conditions of the insured’s policy, including reductions for 11 deductibles and prior payments. The insurer shall provide the 12 insured with an itemized and detailed written explanation of 13 the payment of the settlement, including an explanation of any 14 item that is specifically denied under the terms of the policy. 15 Unless otherwise agreed upon by the parties in writing, an 16 appraisal award shall be binding and paid by the insurer 17 within sixty calendar days of the written itemized award being 18 submitted to the insurer. 19 3. An insurer’s motion to vacate an appraisal award for good 20 cause shall be filed within thirty calendar days from the date 21 the insurer receives the written itemized award in the court 22 of record. 23 Sec. 72. NEW SECTION . 522F.17 Reporting of actions. 24 1. An appraiser or umpire shall report to the commissioner 25 any administrative action taken against the appraiser or umpire 26 in another jurisdiction or by another administrative agency in 27 this state within thirty calendar days of the final disposition 28 of the matter. This report shall include a copy of the order, 29 consent to the order, and other relevant legal documents. 30 2. Within thirty calendar days of the initial pretrial 31 hearing date, an appraiser or umpire shall report to the 32 commissioner any criminal prosecution of the appraiser or 33 umpire taken in any jurisdiction. The report shall include a 34 copy of the initial complaint filed, the order resulting from 35 -74- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 74/ 92
the hearing, and any other relevant legal documents. 1 3. An appraiser or umpire who willfully fails to comply with 2 this section is subject to penalty under section 522F.20. 3 Sec. 73. NEW SECTION . 522F.18 Records —— appraisers and 4 umpires. 5 1. An appraiser or umpire shall have a continuing duty and 6 obligation to keep, at the appraiser’s or umpire’s place of 7 business, usual and customary records pertaining to appraisals 8 undertaken by the appraiser or umpire. All such records 9 shall be kept available for inspection by the commissioner or 10 the commissioner’s agent during regular business hours. The 11 commissioner or the commissioner’s agent shall not be entitled 12 to inspect any records prepared in anticipation of litigation 13 or that are subject to any privilege recognized in chapter 622. 14 Such records shall be maintained for a minimum of three years 15 following the date of final claim resolution. 16 2. An appraiser or umpire who willfully fails to comply with 17 this section is subject to penalty under section 522F.20. 18 Sec. 74. NEW SECTION . 522F.19 Hearings —— service of 19 process, attendance of witnesses, and production of documents. 20 1. Whenever the commissioner believes that a person has 21 been engaged, or is engaging, in a violation of this chapter 22 or a rule adopted or an order issued under this chapter, and 23 that a proceeding by the commissioner would be in the public 24 interest, the commissioner shall issue and serve upon the 25 person a statement of the charges and a notice of a hearing on 26 the charges to be held at the time and place set in the notice, 27 which shall not be less than ten business days after the date 28 of service of such notice. 29 2. At the time and place of such hearing, the person shall 30 have an opportunity to be heard and to show cause why an order 31 should not be made by the commissioner requiring the person to 32 cease and desist from the violation of the chapter, rule, or 33 order. Upon a showing of good cause, the commissioner shall 34 permit any person, by counsel or in person, to intervene, 35 -75- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 75/ 92
appear, and be heard at such hearing. 1 3. A hearing under this section shall not be required to 2 observe formal rules of pleading or evidence. 3 4. The commissioner, at a hearing under this section, may 4 administer oaths, examine and cross-examine witnesses, receive 5 oral and documentary evidence, and may subpoena witnesses, 6 compel their attendance, and require the production of books, 7 papers, records, correspondence, or other documents which the 8 commissioner deems relevant. The commissioner may, and upon 9 the request of any party shall, cause to be made a stenographic 10 record of the evidence and proceedings of a hearing under this 11 section. If no stenographic record is made and if a judicial 12 review is sought, the commissioner shall prepare a statement 13 of the evidence and proceeding for use on review. If a person 14 refuses to comply with a subpoena issued under this section, 15 or to testify to a matter for which the person may lawfully be 16 interrogated, the district court of Polk county or the district 17 court of the county where the person resides, on application of 18 the commissioner, may issue an order requiring such person to 19 comply with such subpoena or to testify. Failure of a person 20 to obey such order of the court may be punished by the court as 21 contempt. 22 5. Statements of charges, notices, orders, subpoenas, and 23 other processes of the commissioner under this chapter may be 24 served by anyone authorized by the commissioner, either in the 25 manner provided by law for service of process in civil actions, 26 or by mailing a copy by restricted certified mail to the person 27 affected by the statement, notice, order, subpoena, or other 28 process at the person’s residence or principal office or place 29 of business. The verified return by the person serving the 30 statement, notice, order, subpoena, or other process, setting 31 forth the manner of such service, shall be proof of service, 32 and the return receipt for the statement, notice, order, 33 subpoena, or other process, mailed by restricted certified 34 mail, shall be proof of the service. 35 -76- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 76/ 92
Sec. 75. NEW SECTION . 522F.20 License denial, nonrenewal, 1 or revocation —— penalties. 2 1. The division may place on probation, suspend, revoke, or 3 refuse to issue or renew an appraiser’s license or an umpire’s 4 license, and may levy a civil penalty against an appraiser or 5 umpire as provided in section 522F.21, for one or more of the 6 following causes: 7 a. The appraiser or umpire provided incorrect, misleading, 8 incomplete, or materially untrue information in a license 9 application. 10 b. The appraiser or umpire violated an insurance law, 11 regulation, subpoena, or order of the commissioner or of a 12 commissioner of another state. 13 c. The appraiser or umpire obtained or attempted to obtain a 14 license through misrepresentation or fraud. 15 d. The appraiser or umpire improperly withheld, 16 misappropriated, or converted money or property received from 17 an insured in the course of doing business. 18 e. The appraiser or umpire was convicted of a felony. 19 f. The appraiser or umpire committed, or was found to have 20 committed, any unfair trade practice or fraud. 21 g. The appraiser or umpire used fraudulent, coercive, 22 or dishonest practices, or demonstrated incompetence, 23 untrustworthiness, or financial irresponsibility in the conduct 24 of business. 25 h. The appraiser or umpire had any professional license, or 26 its equivalent, denied, suspended, or revoked in this state or 27 any other state, province, district, or territory. 28 i. The appraiser or umpire forged another’s name to any 29 document related to an appraisal. 30 j. The appraiser or umpire improperly used notes or any 31 other reference material to complete an examination for an 32 appraisal license or umpire license. 33 k. The appraiser knowingly negotiated as an appraiser with 34 an individual who is not, but is required to be, licensed as an 35 -77- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 77/ 92
appraiser during an appraisal. 1 l. The umpire knowingly acted as an umpire during the 2 conduct of an appraisal with an individual who is not, but is 3 required to be, licensed as an appraiser during an appraisal. 4 m. The appraiser or umpire failed to comply with an 5 administrative or court order related to repayment of loans to 6 the college student aid commission. 7 n. The appraiser or umpire failed to pay state income tax or 8 comply with any administrative or court order directing payment 9 of state income tax. 10 o. The appraiser or umpire failed to comply with an 11 administrative or court order imposing a child support 12 obligation. 13 p. The appraiser or umpire failed or refused to cooperate 14 in an investigation conducted by the commissioner or the 15 commissioner’s designee. 16 q. The appraiser or umpire used an appraiser license 17 or umpire license for the principal purpose of procuring, 18 receiving, or forwarding appraisals, or placing or affecting 19 such appraisals, directly or indirectly, on or in connection 20 with the property of the licensee or the property of a 21 relative, employer, or employee of the licensee, or upon or in 22 connection with property for which the licensee or a relative, 23 employer, or employee of the licensee is an agent, custodian, 24 vendor, bailee, trustee, or payee. 25 2. If the commissioner does not renew a license or denies an 26 application for a license, the commissioner shall notify the 27 applicant, appraiser, or umpire in writing of the reason for 28 the nonrenewal of the license or denial of the application for 29 a license. The applicant, appraiser, or umpire may request a 30 hearing on the nonrenewal or denial. The applicant, appraiser, 31 or umpire shall have thirty calendar days from the date of 32 receipt of the notice to file a written request for a hearing. 33 A hearing shall be conducted according to section 522F.19. 34 3. The license of an umpire, an appraiser, or an appraiser 35 -78- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 78/ 92
business entity may be suspended, revoked, placed on probation, 1 or refused if the commissioner finds, after hearing, that an 2 umpire’s, appraiser’s, or appraiser business entity’s violation 3 was known or should have been known by a partner, officer, 4 or manager of the business entity and the violation was not 5 reported to the commissioner and corrective action was not 6 taken. 7 4. In addition to, or in lieu of, denial, probation, 8 suspension, or revocation of a license under this section, an 9 appraiser or umpire, after hearing, may be subject to a civil 10 penalty as provided in section 522F.21. 11 5. The commissioner may enforce this chapter, may conduct 12 an investigation of any suspected violation of this chapter, 13 and may impose any penalty or remedy authorized by this chapter 14 against any person who is under investigation for, or charged 15 with, a violation of this chapter even if the person’s license 16 has been surrendered or has lapsed by operation of law. 17 6. a. All complaint files, investigation files, 18 investigation reports, and other investigative information 19 in the possession of the commissioner or the commissioner’s 20 agents that relates to appraiser or umpire discipline shall 21 be privileged and confidential, and shall not be subject 22 to discovery, subpoena, or other means of legal compulsion 23 for release to a person other than the appraiser or umpire, 24 and shall not be admissible in evidence in a judicial or 25 administrative proceeding other than the proceeding involving 26 the appraiser or umpire discipline. A final written decision 27 of the commissioner in a disciplinary proceeding shall be a 28 public record. 29 b. Investigative information in the possession of the 30 commissioner or the commissioner’s agent that relates to 31 appraiser or umpire discipline may be disclosed at the 32 discretion of the commissioner. The commissioner may 33 share documents, materials, or other information, including 34 confidential and privileged documents, materials, or 35 -79- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 79/ 92
information under this subsection with other state, federal, 1 and international regulatory agencies, with NAIC and its 2 affiliates or subsidiaries, and with state, federal, and 3 international law enforcement authorities, provided that the 4 recipient agrees to maintain the confidentiality and privileged 5 status of the document, material, or other information. 6 c. If the investigative information in the possession of the 7 commissioner or the commissioner’s agents indicates a crime has 8 been committed, the information shall be reported to the proper 9 law enforcement agency. 10 7. a. Pursuant to section 17A.19, subsection 6, upon an 11 appeal by the appraiser or umpire, the commissioner shall 12 transmit the entire record of the contested case to the 13 reviewing court. 14 b. Notwithstanding section 17A.19, subsection 6, if a 15 waiver of privilege has been involuntary and evidence has been 16 received at a disciplinary hearing, the court shall issue 17 an order to withhold the identity of the individual whose 18 privilege was waived. 19 Sec. 76. NEW SECTION . 522F.21 Civil and criminal penalties. 20 1. a. Upon a determination by the commissioner, after 21 a hearing conducted pursuant to chapter 17A, that a person 22 violated this chapter, the commissioner shall reduce the 23 findings of the hearing to writing and deliver a copy of the 24 findings to the person. 25 b. Upon a determination by the commissioner that a person 26 has engaged, is engaging, or is about to engage in any act or 27 practice constituting a violation of this chapter or a rule 28 adopted or order issued under this chapter, the commissioner 29 may take the following actions: 30 (1) Issue an order requiring the person to cease and desist 31 from engaging in the conduct resulting in the violation. 32 (2) Assess a civil penalty against the person of not more 33 than one thousand dollars for each violation not to exceed an 34 aggregate of ten thousand dollars. 35 -80- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 80/ 92
(3) If the person knew or reasonably should have known the 1 person was in violation of this chapter, assess a civil penalty 2 of not more than five thousand dollars for each violation 3 of this chapter not to exceed an aggregate penalty of fifty 4 thousand dollars in any one six-month period. 5 (4) (a) Issue a summary order, including a brief statement 6 of findings of fact, conclusions of law, and policy reasons for 7 the decision, and directing the person to cease and desist from 8 engaging in the act or practice or to take affirmative action 9 as is necessary in the judgment of the commissioner to comply 10 with the requirements of this chapter. 11 (b) A person may contest a summary order by filing, 12 within thirty calendar days from the date of the issuance of 13 the summary order, a written request for a contested case 14 proceeding and hearing as provided in chapter 17A and in 15 accordance with rules adopted by the commissioner. Section 16 17A.18A shall be inapplicable to a summary order issued under 17 this subsection. If a hearing is not requested within thirty 18 calendar days from the date of issuance of the summary order, 19 the summary order shall become final by operation of law. A 20 summary order shall remain effective from the date of issuance 21 until the date the order becomes final by operation of law, 22 or is modified or overturned by a presiding officer or court 23 following a request for hearing. 24 (c) A person violating a summary order issued under this 25 subsection shall be deemed in contempt of the summary order. 26 The commissioner may petition the district court to enforce the 27 order as certified by the commissioner. The district court 28 shall find the person in contempt of the order if the court 29 finds, after conducting a hearing, that the person is not 30 in compliance with the order. The court may assess a civil 31 penalty against the person and may issue further orders as the 32 court deems appropriate. 33 c. In addition to any other penalty under this section, 34 if the commissioner finds that a violation of this chapter 35 -81- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 81/ 92
was directed, encouraged, condoned, ignored, or ratified by 1 the employer of the appraiser or umpire, the commissioner 2 shall assess a penalty to the employer. Penalties under this 3 paragraph may be retained by the commissioner under the fund 4 described in section 505.7, subsection 9. 5 2. a. A person acting as an appraiser or an umpire without 6 proper licensure, or an appraiser or an umpire who willfully 7 violates any provision of this chapter or an order issued 8 under this chapter, is guilty of a class “D” felony. If the 9 violation results in a loss of more than ten thousand dollars, 10 the appraiser or an umpire is guilty of a class “C” felony. 11 b. The commissioner may refer such evidence as is available 12 concerning a violation of this chapter, or of any rule adopted 13 or order issued under this chapter, or of the failure of a 14 person to comply with the licensing requirements of this 15 chapter, to the attorney general or the proper district 16 attorney who may institute the appropriate criminal proceedings 17 under this chapter. 18 c. This chapter shall not limit the power of the state to 19 punish any person for any conduct that constitutes a crime 20 under any other statute. 21 Sec. 77. NEW SECTION . 522F.22 Reinstatement or reissuance 22 of a license after disciplinary matters —— forfeiture in lieu of 23 compliance. 24 1. a. A person licensed under this chapter as an appraiser 25 or umpire whose license has been revoked or suspended by order, 26 or who forfeited a license in connection with a disciplinary 27 matter, may apply to the commissioner for reinstatement 28 or reissuance in accordance with the terms of the order 29 of revocation or suspension, or the order accepting the 30 forfeiture, and submit to a criminal history check under 31 section 522B.5A. 32 b. (1) Proceedings for reinstatement or reissuance 33 shall be initiated by the applicant who shall file with the 34 commissioner an application for reinstatement or reissuance 35 -82- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 82/ 92
after disciplinary action. 1 (2) An appraiser shall not be eligible for reinstatement or 2 reissuance until the appraiser satisfies the requirements under 3 section 522F.3 and pays any required fees. An appraiser may be 4 required to submit a new or renewal appraiser application under 5 section 522F.5. 6 (3) An umpire shall not be eligible for reinstatement or 7 reissuance until the umpire satisfies the requirements under 8 section 522F.8 and pays any required fees. An umpire may be 9 required to submit a new or renewal umpire application under 10 section 522F.10. 11 c. An application for reinstatement or reissuance shall 12 allege facts which, if established, are sufficient to enable 13 the commissioner to determine that the basis of revocation, 14 suspension, or forfeiture of the applicant’s license no longer 15 exists, and must disclose if the applicant has engaged in 16 any conduct listed as a cause for licensing action that was 17 not included in the order for suspension, revocation, or 18 forfeiture. 19 d. An application for reinstatement or reissuance shall 20 allege facts which, if established, are sufficient to enable 21 the commissioner to determine that it is in the public 22 interest for the application to be granted. The commissioner 23 may determine that it is not in the public interest if the 24 applicant has engaged in any conduct listed as a cause for 25 licensing action that was not included in the order for 26 suspension, revocation, or forfeiture, or if the applicant does 27 not have the character and fitness to be a licensed appraiser 28 or umpire in this state. 29 e. The burden of proof to establish facts identified in 30 paragraphs “c” and “d” shall be on the applicant. 31 f. A person licensed as an appraiser or an umpire may 32 request reinstatement of a suspended license prior to the end 33 of the suspension term. 34 g. Unless otherwise provided by law, if an order of 35 -83- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 83/ 92
revocation or suspension did not establish terms upon which 1 reinstatement or reissuance may occur, or if the license 2 was forfeited, an initial application for reinstatement or 3 reissuance shall not be made until at least one year from the 4 date of the order of the suspension, revocation, or acceptance 5 of the forfeiture of a license. 6 2. All proceedings upon the application for reinstatement 7 or reissuance, including preliminary and ancillary matters, 8 shall be held in accordance with chapter 17A. The application 9 shall be docketed in the original case in which the original 10 license was suspended, revoked, or forfeited, if the case 11 exists. 12 3. An order of reinstatement or reissuance shall be based 13 on a written decision which incorporates findings of fact 14 and conclusions of law. An order granting an application 15 for reinstatement or reissuance may impose such terms and 16 conditions as the commissioner or the commissioner’s designee 17 deems appropriate, which may include one or more penalties 18 provided under this chapter. The order shall be a public 19 record and may be disseminated in compliance with chapter 22. 20 4. If an appraiser’s or umpire’s ordered suspension period 21 ends prior to the appraiser’s or umpire’s license expiration 22 date and the appraiser or umpire applies for reinstatement 23 prior to the license expiration date and meets all applicable 24 requirements, the division shall reinstate the license as soon 25 as practicable but no earlier than the end of the suspension 26 period if the division, after a complete review, determines the 27 license should be reinstated. 28 5. If an appraiser’s or umpire’s license is suspended beyond 29 the appraiser’s or umpire’s license expiration date, whether 30 due to an ordered suspension time period or failure to apply 31 for reinstatement prior to expiration, the appraiser or umpire 32 must apply for reissuance. 33 6. A submission of voluntary forfeiture of a license 34 shall be made in writing to the commissioner. Forfeiture of 35 -84- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 84/ 92
a license is effective upon the date of submission unless a 1 contested case proceeding is pending on the date of submission. 2 If a contested case proceeding is pending, the forfeiture shall 3 become effective upon conditions as required by order of the 4 commissioner. A forfeiture made during the pendency of a 5 contested case proceeding shall be considered a disciplinary 6 action and shall be published in the same manner as is 7 applicable to any other form of disciplinary order. 8 7. The commissioner shall not be prohibited from denying 9 an application for reinstatement or reissuance, or bringing 10 an additional immediate action, if an appraiser or umpire 11 has engaged in an additional violation of chapter 507B or 12 this chapter or otherwise failed to meet all applicable 13 requirements. 14 8. This section shall not apply to reinstatement of an 15 expired license or issuance of a new license that is not in 16 connection with a disciplinary matter. 17 Sec. 78. NEW SECTION . 522F.23 Suspension for failure to 18 pay child support or state debt. 19 1. The commissioner shall deny an appraiser’s or umpire’s 20 application for license issuance, renewal, reinstatement, 21 or reissuance; suspend a current license; or revoke a 22 currently suspended license upon receipt of a certificate of 23 noncompliance from the child support recovery unit pursuant to 24 chapter 252J, or upon receipt of a certificate of noncompliance 25 from the centralized collection unit of the department of 26 revenue pursuant to chapter 272D. 27 2. Upon receipt of a certificate of noncompliance 28 under subsection 1, the commissioner shall issue a notice 29 to the appraiser or umpire that the division will, unless 30 the certificate of noncompliance is withdrawn, deny the 31 appraiser’s or umpire’s application for license issuance, 32 renewal, reinstatement, or reissuance, suspend the appraiser’s 33 or umpire’s current license, or revoke the appraiser’s or 34 umpire’s currently suspended license, thirty calendar days 35 -85- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 85/ 92
after the date the notice is mailed. Notice shall be sent to 1 the appraiser’s or umpire’s last known address by restricted 2 certified mail, return receipt requested, or in accordance with 3 the division’s rules for service. The notice shall contain all 4 of the following: 5 a. A statement that the commissioner intends to deny the 6 appraiser’s or umpire’s application for license issuance, 7 renewal, reinstatement, or reissuance; suspend the appraiser’s 8 or umpire’s current license; or revoke the appraiser’s or 9 umpire’s currently suspended license in thirty calendar days 10 unless the certificate of noncompliance is withdrawn. 11 b. A statement that the appraiser or umpire must contact the 12 agency that issued the certificate of noncompliance to request 13 a withdrawal. 14 c. A statement that the appraiser or umpire does not have a 15 right to a hearing before the division, but that the appraiser 16 or umpire may file an application for a hearing in district 17 court pursuant to section 252J.9 or 272D.9, as applicable, and 18 that the filing of an application by the appraiser or umpire 19 will stay the proceedings of the division. 20 d. A copy of the certificate of noncompliance. 21 3. An appraiser or umpire shall keep the commissioner 22 informed of all actions taken by the district court or 23 the issuing agency in connection with a certificate of 24 noncompliance. An appraiser or umpire shall provide to 25 the commissioner, within seven calendar days of filing or 26 issuance, a copy of all applications filed with the district 27 court pursuant to an application or hearing, all court orders 28 entered in such action, and all withdrawals of a certificate 29 of noncompliance. 30 4. If an applicant, appraiser, or umpire timely files an 31 application for hearing in district court and the division 32 is notified of the filing, the commissioner’s denial, 33 suspension, or revocation proceedings shall be stayed until 34 the division is notified by the district court, the issuing 35 -86- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 86/ 92
agency, the licensee, or the applicant of the resolution of 1 the application. Upon receipt of a court order lifting the 2 stay or otherwise directing the commissioner to proceed, the 3 commissioner shall continue with the intended action described 4 in the notice. 5 5. If the commissioner does not receive a withdrawal of 6 the certificate of noncompliance from the issuing agency, 7 or a notice from a clerk of court, the issuing agency, the 8 appraiser, the umpire, or the applicant that an application for 9 hearing has been filed within thirty calendar days after the 10 notice is issued, the commissioner shall deny the applicant’s, 11 appraiser’s, or umpire’s application for license issuance, 12 renewal, reinstatement, or reissuance; suspend a current 13 license; or revoke a currently suspended license. 14 6. Upon receipt of a withdrawal of a certificate of 15 noncompliance from the issuing agency, suspension or revocation 16 proceedings shall halt and the named appraiser or umpire 17 shall be notified that the proceedings have halted. If the 18 appraiser’s or umpire’s license has already been suspended, the 19 appraiser or umpire must apply for reinstatement in accordance 20 with section 522F.22, and the license shall be reinstated 21 if the appraiser or umpire is otherwise in compliance with 22 this chapter. If the appraiser’s or umpire’s application for 23 licensure was stayed, application processing shall resume. 24 All fees required for license renewal, reinstatement, or 25 reissuance must be paid by an appraiser or umpire, and all 26 continuing education requirements shall be satisfied, before 27 the appraiser’s or umpire’s license is renewed or reinstated 28 after a license suspension or revocation under this chapter. 29 7. The commissioner shall notify an appraiser or umpire 30 in writing through regular first class mail, or such other 31 means as the commissioner deems appropriate under the 32 circumstances, within ten calendar days of the effective date 33 of the suspension or revocation of the appraiser’s or umpire’s 34 license, and shall also notify the appraiser or umpire when the 35 -87- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 87/ 92
appraiser’s or umpire’s license is reinstated following the 1 commissioner’s receipt of a withdrawal of the certificate of 2 noncompliance. 3 8. Notwithstanding any provision of law to the contrary, the 4 division may share information with the child support recovery 5 unit or the centralized collection unit of the department of 6 revenue for the sole purpose of identifying appraisers or 7 umpires subject to enforcement under chapter 252J or 272D. 8 Sec. 79. NEW SECTION . 522F.24 Severability. 9 If any provision of this chapter or the application thereof 10 to any person or circumstance is held invalid, the invalidity 11 does not affect other provisions or applications of this 12 chapter which can be given effect without the invalid provision 13 or application, and to this end the provisions of this chapter 14 are severable. 15 Sec. 80. CODE EDITOR DIRECTIVE. The Code editor shall 16 divide chapter 522F into subchapters and shall designate 17 sections 522F.1 through 522F.2, as enacted in this division 18 of this Act, as subchapter I entitled “General Provisions”, 19 sections 522F.3 through 522F.7, as enacted in this division 20 of this Act, as subchapter II entitled “Appraisers”, sections 21 522F.8 through 522F.13, as enacted in this division of this 22 Act, as subchapter III entitled “Umpires”, sections 522F.14 23 through 522F.16, as enacted in this division of this Act, as 24 subchapter IV entitled “Appraisals”, sections 522F.17 through 25 522F.18, as enacted in this division of this Act, as subchapter 26 V entitled “Duties of Licensees”, and sections 522F.19 through 27 522F.23, as enacted in this division of this Act, as subchapter 28 VI entitled “Hearings and Penalties”. 29 DIVISION VII 30 IOWA ECONOMIC EMERGENCY FUND —— PROCLAMATION OF DISASTER 31 EMERGENCY 32 Sec. 81. Section 8.55, subsection 3, paragraph a, Code 2025, 33 is amended to read as follows: 34 a. Except as provided in paragraphs “b” , “c” , and “d” , 35 -88- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 88/ 92
and “f” , the moneys in the Iowa economic emergency fund shall 1 only be used pursuant to an appropriation made by the general 2 assembly. An appropriation shall only be made for the fiscal 3 year in which the appropriation is made. The moneys shall 4 only be appropriated by the general assembly for emergency 5 expenditures. 6 Sec. 82. Section 8.55, subsection 3, Code 2025, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . f. (1) It is the intent of the general 9 assembly for this paragraph to enable the executive branch to 10 react to disasters impacting this state, including the ability 11 to protect citizens, safeguard property, ensure safety, and 12 provide for economic stability during disaster emergencies. 13 (2) For the fiscal year beginning July 1, 2025, and each 14 fiscal year thereafter, there is appropriated from the Iowa 15 economic emergency fund to the department of management ten 16 percent of the maximum balance of the Iowa economic emergency 17 fund as calculated for the immediately preceding fiscal 18 year, to be used for disaster response, disaster recovery 19 activities, or disaster aid to citizens. For purposes of this 20 subparagraph, “disaster response, disaster recovery activities, 21 or disaster aid to citizens” includes any of the following: 22 (a) Disaster aid provided to businesses engaged in disaster 23 recovery as described in chapter 15, subchapter II, part 13, 24 and housing businesses engaged in disaster recovery housing 25 projects as defined in section 15.354, subsection 6. 26 (b) Disaster recovery housing assistance provided under 27 chapter 16, subchapter VII, part 6. 28 (c) Support for programs under chapter 29C, including 29 support for the director of the department of homeland security 30 and emergency management in executing the director’s powers and 31 duties under section 29C.8. 32 (d) Support for any other program through which disaster 33 response, recovery activities, or aid is effected, provided the 34 program is not inconsistent with the intent set forth in this 35 -89- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 89/ 92
paragraph. 1 (3) The department of management’s disbursements of 2 moneys appropriated to the department under this paragraph are 3 contingent upon all of the following: 4 (a) The issuance of a proclamation of disaster emergency by 5 the governor under section 29C.6, which proclamation covers the 6 disaster for which the moneys will be used. 7 (b) The disbursement occurs at the direction of the 8 governor, with the approval of the executive council, pursuant 9 to section 29C.6, subsection 18. 10 (4) Subject to the approval of the governor, the 11 department of management may provide for an interdepartmental 12 transfer of moneys appropriated in this paragraph to another 13 department or establishment for the purposes specified in 14 this paragraph, subject to the notification and reporting 15 requirements set forth in section 8.39, subsections 4 and 5, 16 but notwithstanding the other limitations and requirements of 17 section 8.39. Disbursements by the department of management 18 under this paragraph to another department or establishment 19 shall not be counted in calculating the aggregate amount of 20 intradepartmental and interdepartmental transfers under section 21 8.39, subsection 3. 22 (5) Moneys appropriated in this paragraph shall not 23 supplant other appropriated moneys. 24 (6) (a) Notwithstanding section 8.33, moneys disbursed by 25 the department of management under this paragraph to another 26 department or establishment shall not revert but shall remain 27 available for expenditure for the purposes designated until the 28 close of the succeeding fiscal year, at which time the moneys 29 shall revert to the Iowa economic emergency fund. 30 (b) Moneys not disbursed as described in subparagraph 31 division (a) shall revert to the Iowa economic emergency fund 32 at the close of the fiscal year for which the moneys were 33 appropriated, as required under section 8.33. 34 Sec. 83. Section 29C.6, Code 2025, is amended by adding the 35 -90- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 90/ 92
following new subsection: 1 NEW SUBSECTION . 18. Direct the disbursement of moneys by 2 the department of management under section 8.55, subsection 3, 3 paragraph “f” , with the approval of the executive council. 4 DIVISION VIII 5 IOWA ECONOMIC EMERGENCY FUND —— APPROPRIATIONS 6 Sec. 84. NUISANCE PROPERTY REMEDIATION ASSISTANCE FUND —— 7 FY 2024-2025. There is appropriated from the Iowa economic 8 emergency fund created in section 8.55 to the economic 9 development authority for the fiscal year beginning July 1, 10 2024, and ending June 30, 2025, the following amount, or so 11 much thereof as is necessary, to be used for the purposes 12 designated: 13 For deposit in the nuisance property remediation assistance 14 fund established in section 15.338: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 16 Notwithstanding section 8.33, moneys appropriated in this 17 section that remain unencumbered or unobligated at the close of 18 the fiscal year shall not revert but shall remain available for 19 expenditure for the purposes designated until the close of the 20 succeeding fiscal year. 21 Sec. 85. DISASTER RECOVERY HOUSING ASSISTANCE FUND —— 22 FY 2024-2025. There is appropriated from the Iowa economic 23 emergency fund created in section 8.55 to the Iowa finance 24 authority for the fiscal year beginning July 1, 2024, and 25 ending June 30, 2025, the following amount, or so much thereof 26 as is necessary, to be used for the purposes designated: 27 For deposit in the disaster recovery housing assistance fund 28 created in section 16.57B: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,600,000 30 Notwithstanding section 8.33, moneys appropriated in this 31 section that remain unencumbered or unobligated at the close of 32 the fiscal year shall not revert but shall remain available for 33 expenditure for the purposes designated until the close of the 34 succeeding fiscal year. 35 -91- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 91/ 92
Sec. 86. EFFECTIVE DATE. This division of this Act, being 1 deemed of immediate importance, takes effect upon enactment. > 2 2. Title page, by striking lines 1 through 8 and inserting 3 < An Act relating to the natural hazard mitigation financing 4 program, the disaster recovery housing assistance program, the 5 disaster recovery new housing program, post-loss assignment 6 of benefits, the licensing and regulation of adjusters, 7 appraisers, and umpires, and the Iowa economic emergency fund, 8 and providing penalties, making appropriations, and including 9 effective date and applicability provisions. > 10 ______________________________ JONES of Clay -92- HF 1012.1563 (1) 91 (amending this HF 1012 to CONFORM to SF 619) nls/ko 92/ 92 #2.