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
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#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
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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
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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
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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
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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
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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)
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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)
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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)
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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
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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
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to
SF
619)
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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)
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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)
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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
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1012.1563
(1)
91
(amending
this
HF
1012
to
CONFORM
to
SF
619)
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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
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HF
1012.1563
(1)
91
(amending
this
HF
1012
to
CONFORM
to
SF
619)
nls/ko
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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)
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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
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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
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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
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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
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this
HF
1012
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to
SF
619)
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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HF
1012.1563
(1)
91
(amending
this
HF
1012
to
CONFORM
to
SF
619)
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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
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HF
1012.1563
(1)
91
(amending
this
HF
1012
to
CONFORM
to
SF
619)
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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
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HF
1012.1563
(1)
91
(amending
this
HF
1012
to
CONFORM
to
SF
619)
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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
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HF
1012.1563
(1)
91
(amending
this
HF
1012
to
CONFORM
to
SF
619)
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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)
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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.
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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,
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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.
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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
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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
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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
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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
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91
(amending
this
HF
1012
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to
SF
619)
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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
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619)
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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
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1012.1563
(1)
91
(amending
this
HF
1012
to
CONFORM
to
SF
619)
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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
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to
SF
619)
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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
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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
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1012.1563
(1)
91
(amending
this
HF
1012
to
CONFORM
to
SF
619)
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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
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HF
1012.1563
(1)
91
(amending
this
HF
1012
to
CONFORM
to
SF
619)
nls/ko
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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
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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
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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:
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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
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1012.1563
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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:
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(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.
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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.
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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
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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
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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.
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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
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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,
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this
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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.
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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
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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
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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
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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.
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(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
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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
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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
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to
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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
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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
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HF
1012.1563
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91
(amending
this
HF
1012
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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)
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(amending
this
HF
1012
to
CONFORM
to
SF
619)
nls/ko
92/
92
#2.