Senate File 619 - Reprinted SENATE FILE 619 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SF 591) (SUCCESSOR TO SSB 1188) (As Amended and Passed by the Senate April 16, 2025 ) A BILL FOR An Act relating to the natural hazard mitigation financing 1 program, the disaster recovery housing assistance 2 program, the disaster recovery new housing program, 3 post-loss assignment of benefits, the licensing and 4 regulation of adjusters, appraisers, and umpires, and the 5 Iowa economic emergency fund, and providing penalties, 6 making appropriations, and including effective date and 7 applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 SF 619 (5) 91 nls/ko/mb
S.F. 619 DIVISION I 1 NATURAL HAZARD MITIGATION FINANCING PROGRAM 2 Section 1. NEW SECTION . 16.230 Definitions. 3 1. “Department” means the department of homeland security 4 and emergency management. 5 2. “Fund” means the natural hazard mitigation revolving loan 6 fund created in section 29D.4. 7 3. “Loan recipient” means the same as defined in section 8 29D.2. 9 4. “Program” means the natural hazard mitigation financing 10 program created in section 29D.3. 11 5. “Project” means the same as defined in section 29D.2. 12 Sec. 2. NEW SECTION . 16.231 Funds and accounts —— program 13 funds and accounts not part of state general fund. 14 1. The department, in consultation with the authority, 15 may establish and maintain funds or accounts determined to 16 be necessary to carry out the purposes of chapter 29D and 17 shall provide for the funding, administration, investment, 18 restrictions, and disposition of the funds and accounts. 19 Any moneys appropriated to the department and the authority 20 for purposes of paying the costs and expenses associated 21 with the administration of the program shall be administered 22 as determined by the department in consultation with the 23 authority. 24 2. The funds or accounts held by the department or the 25 authority, or a trustee acting on behalf of the department or 26 the authority pursuant to a trust agreement related to the 27 program, shall not be considered part of the general fund of 28 the state, are not subject to appropriation for any other 29 purpose by the general assembly, and in determining a general 30 fund balance shall not be included in the general fund of the 31 state, but shall remain in the funds and accounts maintained 32 by the department or the authority, or a trustee pursuant to a 33 trust agreement. Funds and accounts held by the department or 34 the authority, or a trustee acting on behalf of the department 35 -1- SF 619 (5) 91 nls/ko/mb 1/ 91
S.F. 619 or the authority pursuant to a trust agreement related to the 1 program, are separate dedicated funds and accounts under the 2 administration and control of the department in consultation 3 with the authority. 4 Sec. 3. NEW SECTION . 16.232 Program funding —— bonds and 5 notes. 6 1. The authority shall cooperate with the department in the 7 creation, administration, and financing of the program. 8 2. The authority may issue bonds and notes for the purpose 9 of funding the fund and the state matching funds required 10 pursuant to the federal Robert T. Stafford Disaster Relief 11 and Emergency Assistance Act, Pub. L. No. 93-288, as amended, 12 42 U.S.C. §5121 et seq. The authority may enter into one or 13 more loan agreements or purchase agreements with one or more 14 bondholders or noteholders containing the terms and conditions 15 of the repayment of, and the security for, each bond or note. 16 The authority and each bondholder or noteholder, or a trustee 17 agent designated by the authority, may enter into an agreement 18 to provide for any of the following: 19 a. That the proceeds of the bond or note and the investments 20 of the proceeds may be received, held, and disbursed by the 21 authority or by a trustee or agent designated by the authority. 22 b. That the bondholder or noteholder, or a trustee or 23 agent designated by the authority, may collect, invest, and 24 apply the amount payable under the loan agreement or any other 25 instruments securing the debt obligations under the loan 26 agreement. 27 c. That the bondholder or noteholder may enforce the 28 remedies provided in the loan agreement or other instruments on 29 the bondholder’s or noteholder’s behalf without the appointment 30 or designation of a trustee. If there is a default in the 31 principal of, or interest on, the bond or note or in the 32 performance of any agreement contained in the loan agreement or 33 other instrument, the payment or performance may be enforced in 34 accordance with the loan agreement or other instrument. 35 -2- SF 619 (5) 91 nls/ko/mb 2/ 91
S.F. 619 d. Other terms and conditions as deemed necessary or 1 appropriate by the authority. 2 3. Chapter 16, except to the extent inconsistent with this 3 section, shall apply to bonds or notes issued, and powers 4 granted to the authority, under this section. Section 16.28, 5 subsection 4, shall not apply to this section. 6 4. All bonds or notes issued by the authority in connection 7 with the program are exempt from taxation by this state and the 8 interest on the bonds or notes is exempt from state income tax. 9 Sec. 4. NEW SECTION . 16.233 Security —— reserve funds —— 10 pledges —— nonliability. 11 1. The authority may provide in the resolution, trust 12 agreement, or other instrument authorizing the issuance of 13 bonds or notes pursuant to chapter 29D that the principal of, 14 premium, and interest on the bonds or notes are payable from 15 any of the following and may pledge the same to the authority’s 16 bonds or notes: 17 a. The income and receipts or other moneys derived from the 18 projects financed with the proceeds of the bonds or notes. 19 b. The income and receipts or other moneys derived from 20 designated projects whether or not the projects are financed in 21 whole or in part with the proceeds of the bonds or notes. 22 c. The amounts on deposit in the fund. 23 d. The amounts payable to the authority by loan recipients 24 pursuant to loan agreements with loan recipients. 25 e. Any other funds or accounts established by the authority 26 in connection with the program or the sale and issuance of the 27 authority’s bonds or notes. 28 2. The authority may establish reserve funds to secure 29 one or more issues of its bonds or notes. The authority may 30 deposit in a reserve fund established under this subsection 31 the proceeds of the sale of the authority’s bonds or notes and 32 other moneys which are made available from any other source. 33 3. It is the intention of the general assembly that a pledge 34 made in respect of bonds or notes shall be valid and binding 35 -3- SF 619 (5) 91 nls/ko/mb 3/ 91
S.F. 619 from the time the pledge is made, that the moneys or property 1 so pledged and received after the pledge by the authority 2 shall immediately be subject to the lien of the pledge without 3 physical delivery or further act, and that the lien of the 4 pledge shall be valid and binding as against all parties having 5 claims of any kind in tort, contract, or otherwise against 6 the authority whether or not the parties have notice of the 7 lien. Neither the resolution, trust agreement, nor any other 8 instrument by which a pledge is created needs to be recorded or 9 filed under the Iowa uniform commercial code, chapter 554, to 10 be valid, binding, or effective against the parties. 11 4. Neither the members of the authority nor persons 12 executing the bonds or notes are liable personally on the bonds 13 or notes or are subject to personal liability or accountability 14 by reason of the issuance of the bonds or notes. 15 5. The bonds or notes issued by the authority are not 16 an indebtedness or other liability of the state or of a 17 political subdivision of the state within the meaning of any 18 constitutional or statutory debt limitations but are special 19 obligations of the authority, and are payable solely from 20 the income and receipts or other funds or property of the 21 authority, and the amounts on deposit in the revolving loan 22 funds, and the amounts payable to the authority under the 23 authority’s loan agreements with loan recipients to the extent 24 that the amounts are designated in the resolution, trust 25 agreement, or other instrument of the authority authorizing the 26 issuance of the bonds or notes as being available as security 27 for such bonds or notes. The authority shall not pledge the 28 faith or credit of the state or of a political subdivision of 29 the state to the payment of any bonds or notes. The issuance 30 of any bonds or notes by the authority does not directly, 31 indirectly, or contingently obligate the state or a political 32 subdivision of the state to apply moneys from, or levy or 33 pledge any form of taxation to the payment of the bonds or 34 notes. 35 -4- SF 619 (5) 91 nls/ko/mb 4/ 91
S.F. 619 Sec. 5. NEW SECTION . 29D.1 Short title. 1 This chapter shall be known and may be cited as the “Natural 2 Hazard Mitigation Financing Program” . 3 Sec. 6. NEW SECTION . 29D.2 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Authority” means the Iowa finance authority created in 7 section 16.1A. 8 2. “Cost” means all costs or indebtedness incurred by a loan 9 recipient and determined by the department as reasonable and 10 necessary for carrying out all work necessary or incidental to 11 the accomplishment of a project. 12 3. “Department” means the department of homeland security 13 and emergency management. 14 4. “Director” means the director of the department of 15 homeland security and emergency management. 16 5. “Eligible entity” means a person that is eligible under 17 the STORM Act to receive a loan under the program. 18 6. “Fund” means the natural hazard mitigation revolving loan 19 fund created in section 29D.4. 20 7. “Loan recipient” means an eligible entity that has 21 received a loan from the fund. 22 8. “Municipality” means a city, county, sanitary district, 23 state agency, or other governmental body or corporation, or any 24 combination of two or more governmental bodies or corporations 25 acting jointly, in connection with a project. 26 9. “Private entity” means a corporation, limited liability 27 company, trust, estate, partnership, association, or any 28 other legal entity or a legal representative, agent, officer, 29 employee, or assignee of such entity. “Private entity” does not 30 include any of the following: 31 a. An individual, municipality, or city utility as that term 32 is defined in section 362.2. 33 b. A public water supply system as defined in section 34 455B.171. 35 -5- SF 619 (5) 91 nls/ko/mb 5/ 91
S.F. 619 c. A qualified entity as defined in section 384.84, 1 subsection 2. 2 10. “Program” means the natural hazard mitigation financing 3 program created in section 29D.3. 4 11. a. “Project” means an activity or set of activities, 5 in accordance with the limitations set forth in the STORM Act, 6 that mitigate the impact of natural hazards, including but not 7 limited to: 8 (1) Drought and prolonged episodes of intense heat. 9 (2) Severe storms, including tornadoes, windstorms, and 10 severe winter storms. 11 (3) Wildfires. 12 (4) Earthquakes. 13 (5) Flooding. 14 (6) Shoreline erosion. 15 (7) High water levels. 16 (8) Storm surges. 17 b. “Project” may include but is not limited to any of the 18 following: 19 (1) The construction, repair, or replacement of a 20 nonfederal levee or other flood control structure, provided 21 that the administrator of the federal emergency management 22 agency, in consultation with the United States army corps of 23 engineers, if appropriate, requires an eligible entity to 24 determine that such levee or other flood control structure is 25 designed, constructed, and maintained in accordance with sound 26 engineering practices and standards equivalent to the purpose 27 for which such levee or structure is intended. 28 (2) Zoning and land use planning changes. 29 (3) Establishing and enforcing building codes. 30 12. “Safeguarding tomorrow through ongoing risk mitigation 31 Act” , or “STORM Act” , means the federal Robert T. Stafford 32 Disaster Relief and Emergency Assistance Act, Pub. L. No. 33 93-288, as amended, 42 U.S.C. §5121 et seq. 34 Sec. 7. NEW SECTION . 29D.3 Natural hazard mitigation 35 -6- SF 619 (5) 91 nls/ko/mb 6/ 91
S.F. 619 financing program. 1 1. The natural hazard mitigation financing program is 2 created for the purpose of making loans available to eligible 3 entities to finance all or part of the costs of a project. 4 2. The program shall be a joint and cooperative undertaking 5 of the department and the authority. The department and 6 the authority may enter into any agreements, documents, 7 instruments, certificates, data, or information as necessary 8 for the operation, administration, and financing of the program 9 consistent with this chapter, chapter 16, subchapter X, part 10 11, the STORM Act, the rules promulgated under chapter 17A by 11 the department in consultation with the authority, and any 12 other applicable federal or state laws. The authority and the 13 department may act to conform the program to the applicable 14 guidance and regulations adopted by the federal emergency 15 management agency. 16 Sec. 8. NEW SECTION . 29D.4 Natural hazard mitigation 17 revolving loan fund. 18 1. A natural hazard mitigation revolving loan fund is 19 created in the state treasury under the control of the 20 department in consultation with the authority. The revolving 21 loan fund is a separate dedicated fund under the administration 22 and control of the department in consultation with the 23 authority and shall be subject to section 16.31. Moneys 24 on deposit in the revolving loan fund shall be invested by 25 the treasurer of state in cooperation with the department, 26 in consultation with the authority, and the income from the 27 investments shall be credited to and deposited in the revolving 28 loan fund. 29 2. a. The fund shall consist of moneys appropriated by 30 the general assembly, moneys received by the fund through the 31 federal emergency management agency and the STORM Act, moneys 32 received as repayment of loan principal and interest from loans 33 paid for by the fund, and all other moneys received by the fund 34 from any other source. Notwithstanding section 8.33, moneys in 35 -7- SF 619 (5) 91 nls/ko/mb 7/ 91
S.F. 619 the fund that remain unencumbered or unobligated at the close 1 of the fiscal year shall not revert but shall remain available 2 for expenditure for the purposes designated. Notwithstanding 3 section 12C.7, subsection 2, interest or earnings on moneys in 4 the fund shall be credited to the fund. 5 b. Moneys in the fund are appropriated to the department to 6 provide loans to eligible entities pursuant to section 29D.9, 7 and for administration of the program as permitted under the 8 STORM Act. Moneys in the fund shall not be used to provide a 9 loan to a private entity for the acquisition of real property. 10 Moneys in the fund shall not be considered part of the general 11 fund of the state subject to appropriation for any other 12 purpose by the general assembly, and in determining a general 13 fund balance, shall not be included in the general fund of 14 the state subject to section 16.31, insofar as section 16.31 15 complies with the STORM Act. 16 Sec. 9. NEW SECTION . 29D.5 Director —— powers and duties. 17 The director shall do all of the following: 18 1. Process and review each intended use plan application 19 to determine if the intended use plan application meets the 20 eligibility requirements promulgated by the department by rule, 21 and approve or deny the application. 22 2. Process and review all documents relating to the 23 planning, design, construction, and operation of each project. 24 3. Prepare and process, in coordination with the authority, 25 documents relating to the administration of the program. 26 4. Prepare an annual budget for administration of the 27 program. 28 5. Receive program fees as determined in conjunction with 29 the authority. 30 6. Perform other acts and assume other duties and 31 responsibilities necessary for the administration of the 32 program and compliance with the STORM Act. 33 Sec. 10. NEW SECTION . 29D.6 Intended use plans —— 34 capitalization grants —— accounting. 35 -8- SF 619 (5) 91 nls/ko/mb 8/ 91
S.F. 619 1. For the fiscal year beginning July 1, 2025, and each 1 fiscal year thereafter, the department may prepare and deliver 2 intended use plans to, and enter into capitalization grant 3 agreements with, the administrator of the federal emergency 4 management agency under the terms and conditions set forth 5 in the STORM Act and federal regulations adopted pursuant to 6 the STORM Act, and may accept capitalization grants for the 7 fund in accordance with payment schedules established by the 8 administrator. All payments from the administrator shall be 9 deposited into the fund. 10 2. The department, in consultation with the authority, 11 shall establish fiscal controls and accounting procedures 12 during appropriate accounting periods for payments received for 13 deposit into, and disbursements made from, the fund, and to 14 fund balances at the beginning and end of an accounting period. 15 Sec. 11. NEW SECTION . 29D.7 Authority —— loan application 16 review and approval. 17 1. The department and the authority shall review each 18 loan application to determine if the applicant is an eligible 19 entity and qualifies for a loan pursuant to eligibility 20 requirements established by rule promulgated by the department 21 and the authority, and in accordance with the intended use plan 22 applications approved by the director under section 29D.6. 23 2. The authority, in cooperation with the department, shall 24 determine the interest rate and repayment terms for each loan 25 made under the program and the authority shall enter into a 26 loan agreement with each loan recipient in compliance with 27 the Clean Water Act as defined in section 455B.291, the Safe 28 Drinking Water Act as defined in section 455B.291, the STORM 29 Act, and any other applicable state or federal law. 30 3. The authority may charge loan recipients fees and assess 31 costs as deemed necessary by the authority for the continued 32 operation of the program. Fees and costs collected pursuant 33 to this subsection shall be deposited in the fund described in 34 section 29D.4. 35 -9- SF 619 (5) 91 nls/ko/mb 9/ 91
S.F. 619 Sec. 12. NEW SECTION . 29D.8 Loans to eligible entities. 1 1. Moneys deposited in the fund shall be used for the 2 primary purpose of making loans to eligible entities to finance 3 eligible costs of projects in accordance with the intended 4 use plans prepared and delivered to the administrator of the 5 federal emergency management system by the department under 6 section 29D.6. The loan recipients and the purpose and amount 7 of the loans shall be determined by the director, in compliance 8 with the STORM Act and other applicable federal law, and any 9 resolution, agreement, indenture, or other document of the 10 authority, and rules adopted by the authority relating to any 11 bonds, notes, or other obligations issued for the program which 12 may be applicable to the loan. 13 2. Notwithstanding any provision of this chapter to the 14 contrary, moneys received under the federal American Recovery 15 and Reinvestment Act of 2009, Pub. L. No. 111-5, and deposited 16 in the fund may be used in any manner permitted or required by 17 applicable federal law. 18 Sec. 13. NEW SECTION . 29D.9 Rules. 19 The department, in consultation with the authority, shall 20 adopt rules pursuant to chapter 17A to administer this chapter. 21 Sec. 14. Section 422.7, subsection 2, Code 2025, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . u. Natural hazard mitigation financing 24 program bonds pursuant to section 16.232, subsection 4. 25 Sec. 15. CODE EDITOR DIRECTIVE. The Code editor shall 26 designate sections 16.230 through 16.233, as enacted in this 27 division of this Act, as part 11 of chapter 16, subchapter X, 28 entitled “Natural Hazard Mitigation Financing Program”. 29 DIVISION II 30 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM 31 Sec. 16. Section 16.57B, subsection 1, paragraph a, Code 32 2025, is amended to read as follows: 33 a. “Disaster-affected home” means a primary residence 34 that is destroyed or damaged due to a natural disaster that 35 -10- SF 619 (5) 91 nls/ko/mb 10/ 91
S.F. 619 occurs on or after June 16, 2021, and the primary residence 1 is located in a county that is the subject of a state of 2 disaster emergency proclamation by the governor that authorizes 3 disaster recovery housing assistance. The state of disaster 4 emergency proclamation shall specify if disaster recovery 5 housing assistance is available to homeowners, renters, or both 6 homeowners and renters. 7 Sec. 17. Section 16.57B, subsection 1, Code 2025, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . 0b. “Financial assistance” means assistance 10 provided only from the funds, rights, and assets legally 11 available to the authority pursuant to this chapter and 12 includes but is not limited to assistance in the form of 13 grants, loans, and forgivable loans. 14 Sec. 18. Section 16.57B, subsection 2, paragraph a, 15 subparagraph (1), Code 2025, is amended to read as follows: 16 (1) A disaster recovery housing assistance fund is created 17 within the authority. The moneys in the fund shall be used by 18 the authority for the development and operation of a forgivable 19 loan and grant program for to award financial assistance to 20 homeowners and renters with disaster-affected homes, and for 21 the eviction prevention program pursuant to section 16.57C . 22 Sec. 19. Section 16.57B, subsection 2, paragraph c, Code 23 2025, is amended to read as follows: 24 c. The authority shall not use more than five percent of the 25 moneys in deposited into the fund on July 1 of a fiscal year 26 under paragraph “b” for purposes of administrative costs and 27 other program support during the fiscal year . 28 Sec. 20. Section 16.57B, subsection 3, paragraph a, Code 29 2025, is amended to read as follows: 30 a. The authority shall establish and administer a disaster 31 recovery housing assistance program and shall use moneys in the 32 fund to award forgivable loans financial assistance to eligible 33 homeowners and grants to eligible renters of disaster-affected 34 homes. Moneys in the fund may be expended following a state 35 -11- SF 619 (5) 91 nls/ko/mb 11/ 91
S.F. 619 of disaster emergency proclamation by the governor pursuant 1 to section 29C.6 that authorizes disaster recovery housing 2 assistance. The governor, by state of disaster emergency 3 proclamation, shall specify if disaster recovery housing 4 assistance is available to homeowners, renters, or both 5 homeowners and renters. 6 Sec. 21. Section 16.57B, subsections 4, 5, 6, and 7, Code 7 2025, are amended to read as follows: 8 4. Registration required . To be considered for a forgivable 9 loan or grant under the program, a A homeowner or renter must 10 may register for the disaster case advocacy program established 11 pursuant to section 29C.20B . The disaster case manager may 12 refer the homeowner or renter to the appropriate local program 13 administrator. 14 5. Homeowners. 15 a. To be eligible for a forgivable loan financial assistance 16 under the program, all of the following requirements shall 17 apply: 18 (1) The homeowner’s disaster-affected home must have 19 sustained damage greater than the damage that is covered by the 20 homeowner’s property and casualty insurance policy insuring the 21 home plus any other state or federal disaster-related financial 22 assistance that the homeowner is eligible to receive. 23 (2) A local official must either deem the disaster-affected 24 home suitable for rehabilitation or damaged beyond reasonable 25 repair. 26 (3) The disaster-affected home is not eligible for buyout by 27 the county or city where the disaster-affected home is located, 28 or the disaster-affected home is eligible for a buyout by the 29 county or city where the disaster-affected home is located, 30 but the homeowner is requesting a forgivable loan financial 31 assistance for the repair or rehabilitation of the homeowner’s 32 disaster-affected home in lieu of a buyout. 33 (4) Assistance Financial assistance under the program must 34 not duplicate benefits provided by any local, state, or federal 35 -12- SF 619 (5) 91 nls/ko/mb 12/ 91
S.F. 619 disaster recovery assistance program. 1 b. If a homeowner is referred to the authority or to a 2 local program administrator by the disaster case manager of 3 the homeowner, the The authority may award a forgivable loan 4 financial assistance to the eligible homeowner for any of the 5 following purposes: 6 (1) Repair or rehabilitation of the disaster-affected home. 7 The disaster-affected home to be repaired or rehabilitated 8 shall not be located in a one-hundred-year floodplain. 9 (2) (a) Down payment assistance on the purchase of 10 replacement housing, and the cost of reasonable repairs to be 11 performed on the replacement housing to render the replacement 12 housing decent, safe, sanitary, and in good repair. 13 (b) Replacement housing shall not be located in a 14 one-hundred-year floodplain. 15 (c) For purposes of this subparagraph, “decent, safe, 16 sanitary, and in good repair” means the same as described in 24 17 C.F.R. §5.703. 18 c. The authority shall determine the interest rate for the 19 any financial assistance awarded in the form of a loan or a 20 forgivable loan. 21 d. If a homeowner who has been awarded a loan or a 22 forgivable loan sells a disaster-affected home or replacement 23 housing for which the homeowner received the loan or forgivable 24 loan prior to the end of the loan term, the remaining principal 25 on the loan or forgivable loan shall be due and payable 26 pursuant to rules adopted by the authority. 27 6. Renters. 28 a. To be eligible for a grant financial assistance under the 29 program, all of the following requirements shall apply: 30 (1) A local program administrator either deems 31 the disaster-affected home of the renter suitable for 32 rehabilitation but unsuitable for current short-term 33 habitation, or the disaster-affected home is damaged beyond 34 reasonable repair. 35 -13- SF 619 (5) 91 nls/ko/mb 13/ 91
S.F. 619 (2) Assistance Financial assistance under the program must 1 not duplicate benefits provided by any local, state, or federal 2 disaster recovery assistance program. 3 b. If a renter is referred to the authority or to a 4 local program administrator by the disaster case manager of 5 the renter, the The authority may award a grant financial 6 assistance to the eligible renter to provide short-term 7 financial assistance for the payment of rent for replacement 8 housing. 9 7. Report. On or before January 31 of each year, or as part 10 of the annual report under section 16.7 , the authority shall 11 submit a report to the general assembly that identifies all of 12 the following for the calendar year immediately preceding the 13 year of the report: 14 a. The date of each state of disaster emergency proclamation 15 by the governor that authorized disaster recovery housing 16 assistance under this section , and if disaster recovery housing 17 assistance was made available to homeowners, renters, or both 18 homeowners and renters . 19 b. The total number of forgivable loans and grants financial 20 assistance awards awarded. 21 c. The total number of forgivable loans financial assistance 22 awards , and the amount of each loan financial assistance award 23 awarded for repair or rehabilitation. 24 d. The total number of forgivable loans financial assistance 25 awards , and the amount of each loan financial assistance 26 award , awarded for down payment assistance on the purchase of 27 replacement housing and the cost of reasonable repairs to be 28 performed on the replacement housing to render the replacement 29 housing decent, safe, sanitary, and in good repair. 30 e. The total number of grants, and the amount of each grant, 31 awarded for rental assistance. 32 f. The total number of loans, forgivable loans , and grants 33 awarded in each county in which at least one homeowner or 34 renter has been awarded a loan, forgivable loan , or grant. 35 -14- SF 619 (5) 91 nls/ko/mb 14/ 91
S.F. 619 g. Each local program administrator involved in the 1 administration of the program. 2 h. The total amount of loan and forgivable loan principal 3 repaid. 4 Sec. 22. Section 16.57D, subsections 1 and 2, Code 2025, are 5 amended to read as follows: 6 1. Establish the maximum loan, forgivable loan , and grant 7 amounts awarded under the program. 8 2. Establish the terms of any loan or forgivable loan 9 provided under the program. 10 DIVISION III 11 DISASTER RECOVERY NEW HOUSING PROGRAM 12 Sec. 23. Section 422.7, Code 2025, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 45. a. Subtract, to the extent included, 15 the amount of any qualifying state disaster recovery new 16 housing grant issued to an individual or business by the 17 economic development authority. 18 b. For purposes of this subsection, “qualifying state 19 disaster recovery new housing grant” means an award of a state 20 disaster recovery new housing grant that was applied for 21 between August 20, 2024, and December 31, 2024, and approved 22 and issued by the economic development authority. 23 c. This subsection is repealed January 1, 2028. 24 Sec. 24. Section 422.35, Code 2025, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 14. a. Subtract, to the extent included, 27 the amount of any qualifying state disaster recovery new 28 housing grant issued to a business by the economic development 29 authority. 30 b. For purposes of this subsection, “qualifying state 31 disaster recovery new housing grant” means an award of a state 32 disaster recovery new housing grant that was applied for 33 between August 20, 2024, and December 31, 2024, and approved 34 and issued by the economic development authority. 35 -15- SF 619 (5) 91 nls/ko/mb 15/ 91
S.F. 619 c. This subsection is repealed January 1, 2028. 1 Sec. 25. EFFECTIVE DATE. This division of this Act, being 2 deemed of immediate importance, takes effect upon enactment. 3 Sec. 26. RETROACTIVE APPLICABILITY. This division of this 4 Act applies retroactively to tax years beginning on or after 5 January 1, 2024. 6 DIVISION IV 7 POST-LOSS ASSIGNMENT OF BENEFITS —— RESIDENTIAL CONTRACTOR 8 Sec. 27. Section 507B.4, subsection 3, Code 2025, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . v. Post-loss assignment of benefits. Any 11 violation of section 515.137A by a residential contractor. 12 Sec. 28. Section 515.137A, subsection 2, Code 2025, is 13 amended by adding the following new paragraphs: 14 NEW PARAGRAPH . 0b. “Catastrophic disaster” includes a major 15 disaster declaration by the president of the United States or a 16 state of disaster emergency proclamation by the governor. 17 NEW PARAGRAPH . 00b. “Consumer advocate” means a consumer 18 advocate appointed pursuant to section 505.8, subsection 6, 19 paragraph “b” , subparagraph (1). 20 NEW PARAGRAPH . 000b. “Post-loss assignment” means any 21 instrument by which post-loss benefits, rights, or duties of 22 a named insured under a residential property and casualty 23 insurance policy are assigned or transferred to a residential 24 contractor. The post-loss assignment must only assign the 25 insurance proceeds a named insured is entitled to receive 26 from the named insured’s insurer for the repair, replacement 27 construction, or reconstruction of the named insured’s 28 property. 29 Sec. 29. Section 515.137A, subsections 3, 4, and 5, Code 30 2025, are amended by striking the subsections and inserting in 31 lieu thereof the following: 32 3. A residential contractor shall be prohibited from all of 33 the following under a post-loss assignment by a named insured 34 to the residential contractor: 35 -16- SF 619 (5) 91 nls/ko/mb 16/ 91
S.F. 619 a. Rebating or offering to rebate any portion of the named 1 insured’s insurance deductible as an inducement for the named 2 insured to purchase a good or service. 3 b. Imposing an administrative fee on the named insured 4 for canceling the post-loss assignment, or imposing a fee to 5 process the insurance check or to interact with the named 6 insured’s mortgage company. 7 c. Acting as a public adjuster without being licensed under 8 chapter 522C. 9 d. Receiving payments from the named insured’s insurer 10 that are unrelated to the repair, replacement construction, 11 or reconstruction work on the covered insured’s property, 12 including but not limited to all of the following: 13 (1) Additional living expenses. 14 (2) Loss of use. 15 (3) Loss of business income. 16 4. a. A post-loss assignment must include all of the 17 following: 18 (1) An itemized description of the work to be performed. 19 (2) An itemized description of the materials, labor, and 20 fees for the work to be performed. 21 (3) A total itemized amount to be paid for the work to be 22 performed. 23 (4) A statement that the residential contractor has made 24 no assurances that the claimed loss will be fully covered by 25 the named insured’s insurance contract and shall include the 26 following notice in capitalized fourteen point type: 27 YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER 28 YOUR INSURANCE POLICY. PLEASE READ AND UNDERSTAND THIS 29 DOCUMENT BEFORE SIGNING. 30 THE ITEMIZED DESCRIPTION OF THE WORK TO BE DONE SHOWN IN THIS 31 ASSIGNMENT FORM HAS NOT BEEN AGREED TO BY THE INSURER. THE 32 INSURER HAS THE RIGHT TO PAY ONLY FOR THE COST TO REPAIR OR 33 REPLACE DAMAGED PROPERTY CAUSED BY A COVERED PERIL. POST-LOSS 34 ASSIGNMENTS ARE SUBJECT TO THE AUTHORITY OF THE IOWA INSURANCE 35 -17- SF 619 (5) 91 nls/ko/mb 17/ 91
S.F. 619 DIVISION. YOU MAY FILE A COMPLAINT WITH THE DIVISION ON THE 1 DIVISION’S INTERNET SITE AT IID.IOWA.GOV OR CALL THE DIVISION 2 AT (877) 955-1212. 3 (5) In capitalized fourteen point type and located in the 4 immediate proximity of the space reserved in the assignment for 5 the signature of the named insured, the following notice: 6 YOU MAY CANCEL THIS POST-LOSS ASSIGNMENT FOR ANY REASON 7 WITHOUT PENALTY WITHIN FIVE (5) BUSINESS DAYS FROM THE LATER OF 8 THE DATE THE POST-LOSS ASSIGNMENT IS FULLY EXECUTED OR THE DATE 9 ON WHICH YOU RECEIVE A COPY OF THE FULLY EXECUTED POST-LOSS 10 ASSIGNMENT. IF MAILED, THE CANCELLATION MUST BE POSTMARKED 11 BEFORE THE FIVE (5) BUSINESS DAY DEADLINE. 12 YOU MUST CANCEL THE POST-LOSS ASSIGNMENT IN WRITING AND 13 THE CANCELLATION MUST BE DELIVERED TO (name and address 14 of residential contractor as provided by the residential 15 contractor). IF THE ASSIGNEE HAS NOT BEGUN SUBSTANTIALLY 16 PERFORMING WORK ON THE PROPERTY, YOU MAY CANCEL THIS POST-LOSS 17 ASSIGNMENT WITHOUT PENALTY AFTER AT LEAST THIRTY (30) CALENDAR 18 DAYS AFTER THE DATE WORK ON THE PROPERTY IS SCHEDULED TO 19 COMMENCE, OR AFTER AT LEAST THIRTY (30) CALENDAR DAYS AFTER 20 THE POST-LOSS ASSIGNMENT IS FULLY EXECUTED IF THE POST-LOSS 21 ASSIGNMENT DOES NOT CONTAIN A COMMENCEMENT DATE. 22 IF YOU CANCEL THIS POST-LOSS ASSIGNMENT, THE RESIDENTIAL 23 CONTRACTOR HAS UP TO TEN (10) BUSINESS DAYS TO RETURN TO YOU 24 ALL PAYMENTS OR DEPOSITS YOU HAVE MADE. 25 (6) A provision that requires the assignee to indemnify and 26 hold harmless the assignor from liabilities, damages, losses, 27 and costs, including but not limited to attorney fees related 28 to the loss claim. 29 b. A post-loss assignment shall not impair the interest of 30 a mortgagee listed on the declarations page of the property and 31 casualty insurance policy that is the subject of the post-loss 32 assignment. All mortgagees shall be named as a co-payee for 33 the payment of benefits under a property and casualty insurance 34 policy covering residential real estate. 35 -18- SF 619 (5) 91 nls/ko/mb 18/ 91
S.F. 619 c. A post-loss assignment shall only authorize a residential 1 contractor to be named as a co-payee, along with the named 2 insured and all mortgagees, for the payment of benefits under 3 a property and casualty insurance policy covering residential 4 real estate. 5 d. A post-loss assignment shall not prevent or inhibit 6 an insurer from communicating with the named insured or a 7 mortgagee listed on the declarations page of the property and 8 casualty insurance policy that is the subject of the post-loss 9 assignment. 10 e. An electronic copy of the fully executed post-loss 11 assignment shall be provided to the insurer of the residential 12 real estate, the named insured, and all mortgagees of the 13 damaged residential real estate within five business days after 14 execution of the post-loss assignment. A paper copy shall be 15 provided to the insurer, a named insured, and any mortgagee of 16 the damaged residential real estate within five business days 17 of a request by the insurer, the named insured, or a mortgagee. 18 f. A residential contractor named in a post-loss assignment 19 must cooperate with the insurer of the damaged residential 20 real estate in a claim investigation by providing documents 21 and records requested by the insurer and complying with each 22 post-loss duty included in the named insured’s insurance 23 policy. 24 5. a. A named insured shall have the right to cancel a 25 post-loss assignment without penalty or fee under all of the 26 following circumstances: 27 (1) For any reason within five business days from the 28 date on which the named insured receives a copy of the fully 29 executed post-loss agreement. 30 (2) The assignee has not substantially performed work on 31 the property that is the subject of the post-loss assignment at 32 least thirty calendar days after the date work on the property 33 was scheduled to commence. 34 (3) The assignee has not begun substantial work on the 35 -19- SF 619 (5) 91 nls/ko/mb 19/ 91
S.F. 619 property that is the subject of the post-loss assignment at 1 least thirty calendar days after the date the insured received 2 a fully executed copy of the executed post-loss assignment and 3 the post-loss assignment does not contain a commencement date. 4 b. The cancellation shall be made in writing. Within ten 5 business days of the date of the written cancellation, the 6 residential contractor shall tender to the named insured, the 7 landowner, or the possessor of the real estate, all payments, 8 partial payments, or deposits that have been made by such 9 person. 10 6. Any written contract, repair estimate, or work order 11 prepared by a residential contractor to provide goods or 12 services to be paid from the proceeds of a property and 13 casualty insurance policy pursuant to a post-loss assignment 14 shall include, in capitalized fourteen point type, the notice 15 as provided in section 103A.71, subsection 4, paragraph “a” , 16 which shall be signed by the named insured, and sent to the 17 named insured’s insurer prior to payment to the residential 18 contractor of proceeds under the applicable insurance policy. 19 7. For a minimum of seventy-two hours following a 20 catastrophic disaster, a residential contractor shall 21 not enter into a contract with an insured that includes a 22 post-loss assignment. If the commissioner deems the severity 23 of the catastrophic disaster to have placed people under 24 duress, the commissioner shall immediately dispatch the 25 consumer advocate and other personnel to the disaster area to 26 provide consumer guidance. If, after a public hearing, the 27 commissioner determines that, due to the scope and severity 28 of the catastrophic disaster, additional time is necessary to 29 safely deploy additional consumer protection resources, the 30 commissioner may extend the time period that a residential 31 contractor shall not enter into a contract with an insured that 32 includes a post-loss assignment for an additional seventy-two 33 hours. 34 8. A post-loss assignment entered into with a residential 35 -20- SF 619 (5) 91 nls/ko/mb 20/ 91
S.F. 619 contractor shall be void if the residential contractor violates 1 this section. 2 9. A violation of this section by a residential contractor 3 shall be an unfair practice pursuant to chapter 507B. 4 10. If any provision of this section or the application 5 thereof to any person or circumstance is held invalid, the 6 invalidity does not affect other provisions or applications 7 of this section which can be given effect without the invalid 8 provision or application, and to this end the provisions of 9 this section are severable. 10 DIVISION V 11 PUBLIC, INDEPENDENT, AND STAFF ADJUSTERS 12 Sec. 30. Section 522B.5A, subsection 2, paragraphs c and e, 13 Code 2025, are 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 an 17 adjuster has been revoked or suspended pursuant to section 18 522C.6 522C.13 , or the license of a viatical settlement 19 provider or viatical settlement broker has been revoked or 20 suspended pursuant to section 508E.4 . 21 e. An initial license as a public an adjuster in this state. 22 Sec. 31. Section 522C.1, Code 2025, is amended to read as 23 follows: 24 522C.1 Purpose. 25 The purpose of this chapter is to govern the qualifications 26 and procedures for licensing public adjusters in this state, 27 and to specify the duties of and restrictions on public 28 adjusters, including limitation of such licensure to assisting 29 insureds only with first-party claims. 30 Sec. 32. Section 522C.2, Code 2025, is amended by striking 31 the section and inserting in lieu thereof the following: 32 522C.2 Definitions. 33 As used in this chapter, unless the context otherwise 34 requires: 35 -21- SF 619 (5) 91 nls/ko/mb 21/ 91
S.F. 619 1. “Adjuster” means a public adjuster, an independent 1 adjuster, or a licensed staff adjuster. A person that acts as 2 an adjuster solely for a crop hail insurance or a multiperil 3 crop insurance claim shall not be subject to this chapter. 4 2. “Amount of loss” means the monetary amount determined 5 to be necessary to properly repair or replace damage related 6 to the scope of loss for a covered peril, and is limited to 7 all applicable coverages for covered items associated with the 8 claim. 9 3. “Business entity” means a corporation, association, 10 partnership, limited liability company, limited liability 11 partnership, or any other legal entity. 12 4. a. “Catastrophic disaster” means an event that results 13 in all of the following: 14 (1) A large number of deaths or injuries. 15 (2) Extensive damage or destruction of facilities that 16 provide and sustain human needs. 17 (3) An overwhelming demand on state and local response 18 resources and mechanisms. 19 (4) A severe long-term effect on general economic activity. 20 (5) A severe effect on state, local, and private sector 21 capabilities to commence and sustain disaster response 22 activities. 23 b. “Catastrophic disaster” includes a major disaster 24 declaration by the president of the United States or a state of 25 disaster emergency proclamation by the governor. 26 5. “Commissioner” means the commissioner of insurance. 27 6. “Consumer advocate” means a consumer advocate appointed 28 pursuant to section 505.8, subsection 6, paragraph “b” , 29 subparagraph (1). 30 7. “Disciplinary matter” means but is not limited to a 31 person who is the subject of an investigation, complaint, or 32 pending administrative action in this state or any other state. 33 8. “Financial interest” means but is not limited to a fee, 34 commission, or other valuable consideration. 35 -22- SF 619 (5) 91 nls/ko/mb 22/ 91
S.F. 619 9. “First-party claim” means a claim filed by a named 1 insured under an insurance policy against which the claim is 2 made. 3 10. “Home state” means the District of Columbia, or any 4 state or territory of the United States in which an adjuster 5 maintains the adjuster’s principal place of residence or 6 principal place of business. 7 11. “Independent adjuster” means a person who does all of 8 the following: 9 a. Contracts, either directly or through a firm or 10 third-party administrator, for compensation with insurers or 11 self-insurers, and is treated by the insurer or self-insurer as 12 an independent contractor and not as an employee as that term 13 is described in 26 C.F.R. §31.3121(d)(1). 14 b. Investigates, negotiates, or settles property, 15 casualty, or workers’ compensation claims for insurers or for 16 self-insurers. 17 12. “Insured” means a person covered under an insurance 18 policy against which a claim is made. 19 13. “Insurer” means the same as defined in section 507A.3. 20 14. “NAIC” means the national association of insurance 21 commissioners. 22 15. “NIPR gateway” means the communication network developed 23 and operated by the national insurance producer registry that 24 links state insurance regulators with regulated entities to 25 facilitate the electronic exchange of adjuster information, 26 including but not limited to license applications, license 27 renewals, appointments, and terminations. 28 16. “Person” means an individual or a business entity. 29 17. “Producer database” means the national database of 30 insurance producers maintained by the NAIC. 31 18. “Public adjuster” means a person who, for compensation 32 or other thing of value, does any of the following: 33 a. Acts for or aids an insured in negotiating or affecting 34 the settlement of a first-party claim for loss or damage to 35 -23- SF 619 (5) 91 nls/ko/mb 23/ 91
S.F. 619 real or personal property of an insured. 1 b. Advertises for employment as a public adjuster of 2 first-party insurance claims or otherwise solicits business or 3 represents to the public that the person is a public adjuster 4 of first-party insurance claims for loss or damage to real or 5 personal property of an insured. 6 c. Directly or indirectly solicits business investigating 7 or adjusting losses, or advising an insured about first-party 8 claims for loss or damage to real or personal property of the 9 insured. 10 19. “Reinstatement” means the reinstatement of a suspended 11 license which was suspended in connection with a disciplinary 12 matter, and that has not expired or been terminated during the 13 suspension period. 14 20. “Reissuance” means the issuance of a new license 15 following the revocation of a license, the suspension and 16 subsequent termination of a license, or the forfeiture of a 17 license in connection with a disciplinary matter. 18 21. “Staff adjuster” means a person who is directly employed 19 by an insurer or self-insurer to investigate, negotiate, or 20 settle property, casualty, or workers’ compensation claims. 21 22. “Uniform business entity application” means the most 22 recent version of NAIC’s uniform application for business 23 entity license and registration. 24 23. “Uniform individual application” means the most recent 25 version of NAIC’s uniform application for individual adjuster 26 or apprentice license and registration. 27 Sec. 33. Section 522C.3, Code 2025, is amended by striking 28 the section and inserting in lieu thereof the following: 29 522C.3 Authority of the commissioner. 30 The commissioner may adopt rules pursuant to chapter 17A as 31 necessary to administer and enforce this chapter, which may 32 include but are not limited to all of the following: 33 1. Advertising standards. 34 2. Continuing education requirements for licensees. 35 -24- SF 619 (5) 91 nls/ko/mb 24/ 91
S.F. 619 3. Contracts between public adjusters and insureds. 1 4. Required disclosures by licensees. 2 5. Examinations for licensure. 3 6. Exemptions. 4 7. License bonds, and errors and omissions insurance 5 requirements. 6 8. License requirements and exclusions. 7 9. Prohibited practices. 8 10. Record retention requirements. 9 11. Reporting requirements. 10 12. Requirements and limitations on fees charged by public 11 adjusters. 12 13. Standards for reasonableness of payment. 13 14. Standards of conduct. 14 15. Penalties. 15 Sec. 34. Section 522C.4, Code 2025, is amended by striking 16 the section and inserting in lieu thereof the following: 17 522C.4 License required. 18 1. A person shall not act as, or represent that the person 19 is, a public adjuster or an independent adjuster in this state 20 unless the person is licensed under this chapter. 21 2. A license as an adjuster shall not be required of any of 22 the following: 23 a. A staff adjuster; however, staff adjusters shall comply 24 with all other provisions of this chapter not including section 25 522C.7. 26 b. An attorney licensed to practice law in the state when 27 acting within their professional capacity as an attorney. 28 c. A person employed only for the purpose of obtaining facts 29 surrounding a loss, or furnishing technical assistance to a 30 licensed adjuster, including but not limited to a photographer, 31 estimator, private investigator, engineer, and handwriting 32 expert. 33 Sec. 35. Section 522C.5, Code 2025, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -25- SF 619 (5) 91 nls/ko/mb 25/ 91
S.F. 619 522C.5 Application for license. 1 1. A person applying for an adjuster license shall complete 2 a uniform individual application or a uniform business entity 3 application through the NIPR gateway or as otherwise prescribed 4 by the commissioner. 5 2. To determine an applicant’s eligibility for licensure, 6 the commissioner may require a criminal history check pursuant 7 to section 522B.5A. 8 Sec. 36. NEW SECTION . 522C.5A Individual applicants —— 9 resident adjuster. 10 Prior to approving an individual’s application for a 11 resident adjuster license, the commissioner shall find that the 12 applicant meets all of the following requirements: 13 1. This state is the applicant’s home state. 14 2. The applicant has not committed any act that is a ground 15 for denial, suspension, or revocation of a license under 16 section 522C.13. 17 3. The applicant has the requisite character and competence 18 to be licensed as an adjuster, as may be determined by the 19 commissioner. 20 4. The applicant is financially responsible pursuant to 21 section 522C.7. 22 5. The applicant has paid all fees required under this 23 chapter. An applicant who concurrently applies for both an 24 adjuster license, and a license as an appraiser under chapter 25 522F, shall only be required to pay the fee required under this 26 chapter or the fee required under chapter 522F. 27 6. The applicant maintains an office in the applicant’s home 28 state that is available by reasonable appointment or regular 29 business hours. 30 7. The applicant is at least eighteen years of age. 31 8. The applicant successfully passed the adjuster 32 examination pursuant to section 522C.8. 33 9. The applicant for a public adjuster license has submitted 34 contracts and any subsequent contract modification to the 35 -26- SF 619 (5) 91 nls/ko/mb 26/ 91
S.F. 619 commissioner for review and approval prior to use. A contract 1 that has been filed is deemed to be approved unless disapproved 2 or additional information is requested by the commissioner 3 within thirty calendar days of receipt of the filing by the 4 commissioner. 5 10. The applicant has obtained any necessary authority from 6 the secretary of state to transact business in this state. 7 Sec. 37. NEW SECTION . 522C.5B Individual applicants —— 8 nonresident adjuster. 9 Before approving a nonresident applicant’s application for 10 a nonresident adjuster license, the commissioner shall find 11 that the nonresident applicant meets all of the following 12 requirements: 13 1. The nonresident applicant has not committed any act that 14 is a ground for denial, suspension, or revocation of a license 15 under section 522C.13. 16 2. The nonresident applicant is licensed as a resident 17 adjuster and in good standing in the nonresident applicant’s 18 home state. If the nonresident applicant’s resident license 19 in the nonresident applicant’s home state terminates for any 20 reason, a license issued to a nonresident applicant under this 21 section shall become inactive, unless the termination is due to 22 the nonresident applicant being issued a new resident adjuster 23 license in the nonresident applicant’s home state and the home 24 state has reciprocity with this state. 25 3. The nonresident applicant has submitted a request for 26 licensure to the division in a form and manner prescribed by 27 the commissioner. 28 4. The nonresident applicant has the requisite character 29 and competence to be licensed as an adjuster, as may be 30 determined by the commissioner. 31 5. The nonresident applicant is financially responsible 32 pursuant to section 522C.7. 33 6. The nonresident applicant has paid all fees required 34 under this chapter. An applicant who concurrently applies for 35 -27- SF 619 (5) 91 nls/ko/mb 27/ 91
S.F. 619 both an adjuster license, and a license as an appraiser under 1 chapter 522F, shall only be required to pay the fee required 2 under this chapter or the fee required under chapter 522F. 3 7. The nonresident applicant has obtained any necessary 4 authority from the Iowa secretary of state to transact business 5 in this state. 6 8. The nonresident applicant for a public adjuster 7 license has filed contracts with the commissioner for review 8 and approval prior to use. A contract that has been filed 9 is deemed to be approved unless disapproved or additional 10 information is requested by the commissioner within thirty 11 calendar days of receipt of the filing by the commissioner. 12 9. The nonresident applicant successfully passed the 13 adjuster examination pursuant to section 522C.8. 14 10. The nonresident applicant is at least eighteen years of 15 age. 16 11. The nonresident applicant maintains an office in 17 the nonresident applicant’s home state that is available by 18 reasonable appointment or regular business hours. 19 Sec. 38. NEW SECTION . 522C.5C Business entity applicants —— 20 resident public adjuster or independent adjuster. 21 Prior to approving a business entity’s application for a 22 license for a resident public adjuster or resident independent 23 adjuster, the commissioner shall find that the business entity 24 meets all of the following requirements: 25 1. The business entity has designated an individual 26 adjuster licensed in this state to be responsible for the 27 business entity’s compliance with the insurance laws and 28 administrative rules of this state. 29 2. The business entity has not committed any act that is a 30 ground for denial, suspension, or revocation of a license under 31 section 522C.13. 32 3. The business entity has the requisite character and 33 competence to be licensed as an adjuster, as may be determined 34 by the commissioner. 35 -28- SF 619 (5) 91 nls/ko/mb 28/ 91
S.F. 619 4. The business entity is financially responsible pursuant 1 to section 522C.7. 2 5. The business entity has paid all fees required under this 3 chapter. An applicant who concurrently applies for both an 4 adjuster license, and a license as an appraiser under chapter 5 522F, shall only be required to pay the fee required under this 6 chapter or the fee required under chapter 522F. 7 6. The business entity maintains an office in the business 8 entity’s home state that is available by reasonable appointment 9 or regular business hours. 10 7. The business entity applying for a public adjuster 11 license has submitted contracts and any subsequent contract 12 modification to the commissioner for review and approval prior 13 to use. A contract that has been filed is deemed to be approved 14 unless disapproved or additional information is requested by 15 the commissioner within thirty calendar days of receipt of the 16 filing by the commissioner. 17 8. The business entity has obtained any necessary authority 18 from the Iowa secretary of state to transact business in this 19 state. 20 Sec. 39. NEW SECTION . 522C.5D Business applicants —— 21 nonresident business entity. 22 Before approving a nonresident business entity’s application 23 for a nonresident public adjuster license or a nonresident 24 independent adjuster license, the commissioner shall find that 25 the nonresident business entity meets all of the following 26 requirements: 27 1. The nonresident business applicant has designated an 28 individual adjuster licensed in this state to be responsible 29 for the nonresident business applicant’s compliance with the 30 insurance laws and administrative rules of this state. 31 2. The nonresident business applicant has not committed any 32 act that is a ground for denial, suspension, or revocation of a 33 license under section 522C.13. 34 3. The nonresident business applicant has the requisite 35 -29- SF 619 (5) 91 nls/ko/mb 29/ 91
S.F. 619 character and competence to be licensed as an adjuster, as may 1 be determined by the commissioner. 2 4. The nonresident business applicant is financially 3 responsible pursuant to section 522C.7. 4 5. The nonresident business applicant has paid all fees 5 required under this chapter. 6 6. The nonresident business applicant maintains an office 7 in the nonresident business applicant’s home state that is 8 available by reasonable appointment or regular business hours. 9 7. The nonresident business applicant applying for a 10 public adjuster license has submitted contracts and any 11 subsequent contract modification to the commissioner for review 12 and approval prior to use. A contract that has been filed 13 is deemed to be approved unless disapproved or additional 14 information is requested by the commissioner within thirty 15 calendar days of receipt of the filing by the commissioner. 16 8. The nonresident business applicant has obtained any 17 necessary authority from the Iowa secretary of state to 18 transact business in this state. 19 Sec. 40. Section 522C.6, Code 2025, is amended by striking 20 the section and inserting in lieu thereof the following: 21 522C.6 Fees —— license issuance, renewal, or reinstatement, 22 and examination. 23 Fees for a license as an adjuster shall be as follows: 24 1. Any applicable fee for a criminal history check pursuant 25 to section 522B.5A. 26 2. The fee for issuance or renewal of an adjuster license is 27 fifty dollars for a consecutive twenty-four-month period. 28 3. The fee for reinstatement of an adjuster license is fifty 29 dollars. 30 4. The fee for a reinstatement or reissuance of an adjuster 31 license due to a disciplinary action under section 522C.15 is 32 one hundred dollars. 33 5. The commissioner may charge a reasonable fee for the 34 compilation and production of adjuster licensing records. 35 -30- SF 619 (5) 91 nls/ko/mb 30/ 91
S.F. 619 6. The fee for an examination under section 522C.8 may 1 be set by a third-party testing service under contract with 2 the division to administer the examination. The fee must be 3 approved by the division. 4 7. Fees shall be paid electronically through the NIPR 5 gateway. 6 Sec. 41. NEW SECTION . 522C.7 Financial responsibility. 7 1. Prior to issuance of a license under section 522C.5A, 8 522C.5B, 522C.5C, or 522C.5D, an applicant shall secure 9 evidence of financial responsibility through a surety bond 10 as prescribed by the commissioner. The surety bond shall be 11 executed and issued by an insurer authorized to issue surety 12 bonds in this state and meet the following requirements: 13 a. The surety bond shall be a minimum of fifty thousand 14 dollars. 15 b. The surety bond shall be in favor of the state and 16 specifically authorize recovery by the commissioner on behalf 17 of any person in this state who sustains damages as the result 18 of an adjuster’s erroneous act, failure to act, fraud, or 19 unfair or deceptive act or practice under chapter 507B. 20 c. The surety bond shall not be terminated without prior 21 written notice filed with the division a minimum of thirty 22 calendar days prior to termination. 23 2. The division may request that an adjuster provide 24 evidence of financial responsibility at any time the division 25 deems relevant. 26 3. An adjuster shall immediately notify the division if the 27 adjuster’s evidence of financial responsibility terminates in 28 violation of subsection 1, paragraph “c” , or becomes impaired, 29 and the adjuster’s license shall become inactive until the 30 adjuster provides the division with evidence of financial 31 responsibility. 32 Sec. 42. NEW SECTION . 522C.8 Examination. 33 1. a. An individual applying for a license under this 34 chapter shall pass a written examination, unless exempt 35 -31- SF 619 (5) 91 nls/ko/mb 31/ 91
S.F. 619 pursuant to section 522C.9. The examination shall test 1 the knowledge of the individual concerning the duties and 2 responsibilities of an adjuster and the insurance laws and 3 administrative rules of this state, and shall be conducted as 4 prescribed by the division. 5 b. An individual who concurrently applies for an adjuster 6 license, and a license as an appraiser under chapter 522F, may 7 choose to take a joint examination conducted as prescribed by 8 the division. The joint examination shall test the knowledge 9 of the individual concerning the duties and responsibilities 10 of an adjuster and of an appraiser, and the insurance laws 11 and administrative rules of this state. An individual who 12 successfully passes a joint examination, and who meets all 13 other requirements for licensure as an adjuster, and as an 14 appraiser under chapter 522F, shall be licensed as both an 15 adjuster and as an appraiser. 16 2. Each individual applying for examination shall remit the 17 examination fee under section 522C.6. An individual applying 18 for a joint examination under subsection 1, paragraph “b” , shall 19 pay one examination fee for the joint examination. 20 3. An individual who fails to appear for a scheduled 21 examination, or who fails to pass the examination, may reapply 22 for examination and must remit the required fee to be scheduled 23 for another examination. 24 4. The results of an examination shall be valid to submit 25 for licensure for ninety calendar days after the date of the 26 examination. 27 Sec. 43. NEW SECTION . 522C.9 Examination —— exemption. 28 1. An individual who applies for a nonresident license 29 under this chapter and who was previously a licensed adjuster 30 in another state that required an examination that included 31 Iowa-specific statutes and administrative rules shall not be 32 required to apply for examination under section 522C.8. 33 2. An individual who relocates to this state and who was a 34 licensed adjuster in another state that required an examination 35 -32- SF 619 (5) 91 nls/ko/mb 32/ 91
S.F. 619 that included Iowa-specific statutes and administrative rules 1 shall not be required to apply for examination under section 2 522C.8 if the individual submits an application for a resident 3 adjuster license under section 522C.5A within ninety calendar 4 days of establishing legal residency, and all of the following 5 apply: 6 a. The individual is currently a licensed adjuster in the 7 state from which the applicant relocated. 8 b. The state from which the applicant relocated issues 9 a certification that the applicant is licensed and in good 10 standing. 11 c. The producer database records of the state from which 12 the applicant relocated, or records maintained by the NAIC or 13 a NAIC affiliate or subsidiary, indicate that the adjuster 14 is currently licensed or had been licensed, and is in good 15 standing. 16 Sec. 44. NEW SECTION . 522C.10 Public adjuster and insured 17 —— contract for services. 18 1. a. A public adjuster shall not provide services to an 19 insured until a written contract with the insured has been 20 executed on a form filed with and approved by the commissioner 21 pursuant to section 522C.5A, subsection 9, section 522C.5B, 22 subsection 8, section 522C.5C, subsection 7, or section 23 522C.5D, subsection 7. The contract must have a heading that 24 indicates the contract is a public adjuster contract and must 25 contain all of the following: 26 (1) The full name, address, telephone number, and license 27 number of the public adjuster presenting and negotiating the 28 contract and, if applicable, the full name, address, telephone 29 number, and license number of the business entity the public 30 adjuster is associated with. 31 (2) The insured’s full name, street address, insurance 32 company name, and, if known or upon notification, the insurance 33 policy number and claim number. 34 (3) A description of the insured’s loss claim and the 35 -33- SF 619 (5) 91 nls/ko/mb 33/ 91
S.F. 619 address at which the loss is located, if applicable. 1 (4) A description of services to be provided by the public 2 adjuster on behalf of the insured. 3 (5) A signature of the public adjuster and of the insured, 4 and the date the public adjuster and the insured each signed 5 the contract. 6 (6) An attestation that the public adjuster has a surety 7 bond pursuant to section 522C.7. 8 (7) An explanation of the amount payable to the public 9 adjuster, and how the amount is calculated, which may include 10 any of the following: 11 (a) If an hourly rate, the contract shall state the hourly 12 rate and how the rate is applied to the hours of service 13 provided by the public adjuster to calculate the amount 14 payable. 15 (b) If a flat fee, the contract must state the exact amount 16 payable to the public adjuster. 17 (c) If a percentage of settlement, the contract must state 18 the exact percentage applied to the settlement on the claim. 19 (d) If any other consideration, the contract must detail how 20 the amount payable is calculated or determined. 21 (8) A public adjuster may charge a reasonable fee that shall 22 not exceed any of the following: 23 (a) Fifteen percent of all claim payments approved by 24 the insurer for any noncatastrophic disaster insurance claim 25 settlement. 26 (b) Ten percent of all claim payments approved by the 27 insurer for any catastrophic disaster insurance claim 28 settlement. 29 (9) That compensation for any reopened or supplemental 30 claim may not exceed the limitations set forth in the contract. 31 (10) That the insured has the right to agree to or reject 32 a loss settlement even if the public adjuster objects to the 33 insured’s decision. 34 (11) The initial expenses of the public adjuster that will 35 -34- SF 619 (5) 91 nls/ko/mb 34/ 91
S.F. 619 be reimbursed from the proceeds of the claim payment shall be 1 specified by expense type, with reimbursement estimates set 2 forth in the contract. Any additional expenses for which the 3 public adjuster requests reimbursement shall be disclosed in 4 writing to the insured, and must be approved by the insured 5 prior to reimbursement. 6 (12) A statement that the public adjuster shall not render 7 services or perform acts that constitute the practice of law. 8 (13) A statement that the public adjuster shall not act on 9 behalf of or aid any person in negotiation or settlement of a 10 claim related to bodily injury, death, or noneconomic damages. 11 (14) The process for rescinding the contract, including 12 the date by which rescission of the contract by the public 13 adjuster or the insured must occur. The public adjuster 14 shall provide notice of the insured’s rights under chapter 15 555A, and the insured may rescind the contract as provided in 16 chapter 555A. A contract shall not be construed to prevent an 17 insured from pursuing a civil remedy after the revocation or 18 cancellation period. If the insured rescinds the contract, 19 anything of value given by the insured shall be returned to the 20 insured within fifteen business days following receipt of the 21 cancellation notice by the public adjuster. 22 b. A contract provision shall not be redacted in a copy of 23 the contract submitted to the commissioner. Such redaction 24 shall constitute a violation of this chapter, and shall be 25 subject to penalties under sections 522C.13 and 522C.14. 26 2. If the insurer, no later than five calendar days 27 after the date on which the insured’s loss is reported to 28 the insurer, either pays or commits in writing to pay to the 29 insured the policy limit of the insured’s insurance policy, the 30 public adjuster shall: 31 a. Inform the insured that the total amount of loss claimed 32 by the insured may not be agreed to by the insurer. 33 b. Only be entitled to reasonable compensation from the 34 insured for services provided on behalf of the insured based on 35 -35- SF 619 (5) 91 nls/ko/mb 35/ 91
S.F. 619 the time spent on the claim, and the expenses incurred by the 1 public adjuster, until the date the insurer pays the claim or 2 provides the insured with a written commitment that the insurer 3 will pay the claim. 4 3. A public adjuster contract shall not contain a provision 5 that does any of the following: 6 a. Allows the public adjuster’s percentage of a settlement 7 to be collected if money is still due from an insurer, or that 8 allows the public adjuster to collect the entire percentage 9 of a settlement from any single payment issued by an insurer 10 rather than as a percentage of each payment issued by the 11 insurer. 12 b. Requires or permits the insured to authorize an insurer 13 to issue a check only in the name of the public adjuster. 14 c. Imposes collection costs or late fees prior to an 15 insurance claim payment by an insurer to an insured. 16 d. Allows the public adjuster’s compensation to be increased 17 based on the fact that a claim is litigated. 18 e. Precludes either an insured or the public adjuster from 19 pursuing civil remedies. 20 f. Restricts an insured’s right to initiate or maintain 21 direct communication with the insured’s attorney or insurer, 22 with the insurer’s adjuster or attorney, or any other person 23 regarding settlement of the insured’s claim. 24 g. Grants the public adjuster power of attorney for the 25 insured. However, a public adjuster may obtain a limited power 26 of attorney for an insured for the sole purpose of depositing 27 claim payments in the insured’s name into a fiduciary trust 28 account pursuant to section 522C.11, subsection 26. 29 h. Requires the insured to use a particular business entity 30 or individual for the reconstruction, repair, or restoration of 31 the insured’s damaged property. 32 4. Prior to execution of the contract, the public adjuster 33 shall review the terms of the contract with the insured 34 and provide the insured with a separate disclosure document 35 -36- SF 619 (5) 91 nls/ko/mb 36/ 91
S.F. 619 regarding the claim process that shall include the following: 1 DISCLOSURE DOCUMENT 2 REGARDING THE CLAIM PROCESS 3 1. PROPERTY INSURANCE POLICIES OBLIGATE THE INSURED TO 4 PRESENT A CLAIM TO THE INSURED’S INSURER FOR CONSIDERATION. 5 THERE ARE THREE TYPES OF ADJUSTERS THAT MAY BE INVOLVED IN THAT 6 PROCESS. THE THREE TYPES ARE AS FOLLOWS: 7 (A) “STAFF ADJUSTER” IS DEFINED IN IOWA CODE SECTION 522C.2. 8 A STAFF ADJUSTER IS EMPLOYED BY THE INSURER. THEY WILL NOT 9 CHARGE THE INSURED A FEE. 10 (B) “INDEPENDENT ADJUSTER” IS DEFINED IN IOWA CODE SECTION 11 522C.2. AN INDEPENDENT ADJUSTER IS CONTRACTED BY THE INSURER 12 TO REPRESENT THE INSURER. THEY WILL NOT CHARGE THE INSURED A 13 FEE. 14 (C) “PUBLIC ADJUSTER” IS DEFINED IN IOWA CODE SECTION 15 522C.2. A PUBLIC ADJUSTER IS NOT AN EMPLOYEE OR REPRESENTATIVE 16 OF THE INSURER. THEY ARE HIRED BY THE INSURED TO ASSIST IN THE 17 PREPARATION, PRESENTATION, AND SETTLEMENT OF A CLAIM. 18 2. THE INSURED IS NOT REQUIRED TO HIRE A PUBLIC ADJUSTER 19 TO HELP THE INSURED MEET THE INSURED’S OBLIGATIONS UNDER THE 20 INSURED’S POLICY, BUT HAS THE RIGHT TO DO SO. 21 3. THE INSURED HAS THE RIGHT TO INITIATE DIRECT 22 COMMUNICATIONS WITH THE INSURED’S ATTORNEY, THE INSURED’S 23 INSURANCE COMPANY, THE INSURANCE COMPANY’S STAFF ADJUSTER OR 24 INDEPENDENT ADJUSTER, THE INSURANCE COMPANY’S ATTORNEY, OR ANY 25 OTHER PERSON REGARDING THE SETTLEMENT OF THE INSURED’S CLAIM. 26 4. THE INSURED MAY BE RESPONSIBLE FOR ANY AMOUNT PAYABLE TO 27 A PUBLIC ADJUSTER RELATED TO ANY PORTION OF A CLAIM THAT WAS 28 PREVIOUSLY PAID IN PART, IN FULL, OR SETTLED BY THE INSURER 29 PRIOR TO A CONTRACT BEING ENTERED INTO BETWEEN THE PUBLIC 30 ADJUSTER AND THE INSURED. 31 5. THE AMOUNT PAYABLE TO A PUBLIC ADJUSTER, WHICH CAN 32 INCLUDE A SALARY, FEE, COMMISSION, OR OTHER CONSIDERATION AS 33 OUTLINED IN THE CONTRACT, IS THE OBLIGATION OF THE INSURED, NOT 34 THE INSURER. 35 -37- SF 619 (5) 91 nls/ko/mb 37/ 91
S.F. 619 6. THE INSURED MAY FILE A COMPLAINT WITH THE IOWA INSURANCE 1 DIVISION BY CALLING (877) 955-1212 OR VISITING IID.IOWA.GOV. 2 5. An original copy of a completed contract shall be 3 provided to the public adjuster and to the insured. The 4 commissioner may inspect the original contract in possession 5 of the public adjuster at any time without prior notice. 6 A contract may be executed electronically if done so in 7 compliance with chapter 554D. 8 6. Within seventy-two hours of executing a contract with an 9 insured under this section, the public adjuster shall provide 10 the insured’s insurer a notification letter, which has been 11 signed by the insured, authorizing the public adjuster to 12 represent the insured’s interest. The insurer shall verify 13 that the public adjuster is currently licensed with the 14 division. 15 7. A contract between a public adjuster and an insured 16 executed on a form in violation of subsection 1, paragraph “a” , 17 shall not be enforceable in this state. 18 Sec. 45. NEW SECTION . 522C.11 Adjusters —— standards of 19 conduct. 20 1. A public adjuster shall serve with objectivity and 21 complete loyalty to the interest of the insured. A public 22 adjuster shall render to the insured in good faith information, 23 counsel, and service, that in the opinion of the public 24 adjuster will best serve the insured’s insurance claim needs 25 and interest. These duties extend to the claims process and 26 include providing timely responses to both the insurer and the 27 insured. 28 2. For a minimum of seventy-two hours following a 29 catastrophic disaster, to allow time for the commissioner 30 to safely deploy consumer protection resources, a public 31 adjuster shall not, in person or by telephone, directly offer 32 to contract, attempt to offer to contract, or enter into an 33 adjuster contract with an insured unless the offer to contract, 34 the attempt to offer to contract, or entering into a contract 35 -38- SF 619 (5) 91 nls/ko/mb 38/ 91
S.F. 619 is initiated by a consumer. If the commissioner deems the 1 severity of the catastrophic disaster to have placed people 2 under duress, the commissioner shall immediately dispatch the 3 consumer advocate and other personnel to the disaster area to 4 provide consumer guidance. If, after a public hearing, the 5 commissioner determines that, due to the scope and severity 6 of the catastrophic disaster, additional time is necessary to 7 safely deploy additional consumer protection resources, the 8 commissioner may extend the time period that a public adjuster 9 shall not offer to contract, attempt to offer to contract, or 10 enter into a contract for an additional seventy-two hours. 11 3. A public adjuster shall not solicit between the hours 12 of 8:00 p.m. and 9:00 a.m. Solicitation shall include but is 13 not limited to a door-to-door sale as that term is defined in 14 section 555A.1. 15 4. A public adjuster, or an independent adjuster, shall not 16 permit an unlicensed employee or representative of the public 17 adjuster or independent adjuster, nor any person associated 18 with a claim, to conduct business for which a license is 19 required under this chapter. 20 5. An adjuster shall not have a direct or indirect financial 21 interest in any aspect of a claim other than the amount payable 22 pursuant to the written contract with an insured under section 23 522C.10. 24 6. An adjuster shall not acquire any interest in salvage of 25 property. 26 7. An adjuster shall not undertake the adjustment of any 27 claim if the adjuster is not competent and knowledgeable as 28 to the terms and conditions of the insurance coverage, or if 29 the loss or coverage otherwise exceeds the adjuster’s current 30 expertise. 31 8. An adjuster shall maintain all documentation relating to 32 all estimates and coverage determinations for a minimum of five 33 years from the date of completion of a settlement. 34 9. An adjuster shall not knowingly make any false oral or 35 -39- SF 619 (5) 91 nls/ko/mb 39/ 91
S.F. 619 written material statements regarding any person engaged in the 1 business of insurance, or any other adjuster, to an insured who 2 is a client or potential client. 3 10. a. An adjuster shall not reasonably act, or fail to 4 act, in any manner that obstructs or prevents an insurer or 5 adjuster from timely conducting an inspection of any part of 6 an insured’s property for which there is a claim for loss or 7 damage. 8 b. If a public adjuster is unavailable after reasonable 9 request by an insurer, resulting in delay of the insurer’s 10 timely inspection of the property, the insured shall allow 11 the insurer to have access to the property without the 12 participation or presence of the public adjuster to facilitate 13 the insurer’s prompt inspection of the loss or damage. 14 11. An adjuster shall respond to an inquiry from an insurer 15 or an insured regarding a claim within fifteen business days 16 of the date of the inquiry unless good cause exists for delay. 17 The adjuster shall reply within fifteen business days to all 18 pertinent communications from the insured, the insurer, or a 19 representative of the insured or the insurer that reasonably 20 suggest that a response is expected. 21 12. Upon receiving notification of a claim, an insurer shall 22 provide necessary claim forms, instructions, and reasonable 23 assistance within fifteen business days of notification of the 24 claim so that first-party claimants can comply with the policy 25 conditions and the insurer’s reasonable requirements. 26 13. An adjuster shall not act as an appraiser and as an 27 adjuster on the same claim. 28 14. An adjuster shall not act as an umpire and as an 29 adjuster on the same claim. 30 15. A public adjuster shall not enter into a contract that 31 accepts a power of attorney or limited power of attorney for 32 an insured. 33 16. a. An independent adjuster shall not act as an 34 independent adjuster and a public adjuster on the same claim. 35 -40- SF 619 (5) 91 nls/ko/mb 40/ 91
S.F. 619 b. A public adjuster shall not act as a public adjuster and 1 an independent adjuster on the same claim. 2 17. A staff adjuster may be licensed as a public adjuster 3 or as an independent adjuster, but shall be prohibited from 4 providing services as an independent adjuster or a public 5 adjuster while employed as a staff adjuster. 6 18. A public adjuster shall not agree to, or reject, any 7 loss settlement without the insured’s express knowledge and 8 written consent. 9 19. An adjuster shall not engage in any act or practice 10 that is a conflict of interest. A conflict of interest shall 11 include but is not limited to the following: 12 a. A direct or indirect financial interest with a person 13 responsible for the reconstruction, repair, or restoration of 14 damaged property that is the subject of a claim, or with a 15 person involved in resolving a claim valuation dispute. 16 b. A direct or indirect financial interest, or other 17 valuable consideration regardless of form or amount paid to an 18 adjuster in exchange for referring an insured to an appraiser, 19 umpire, construction company, contractor, salvage company, or 20 attorney. 21 c. Being an owner, employee, agent, investor, or having 22 other financial interest in a business entity responsible for 23 the reconstruction, repair, or restoration of damaged property 24 that is the subject of a claim, or having an immediate family 25 member who is an owner, employee, agent, or investor in a 26 business entity responsible for the reconstruction, repair, 27 or restoration of a damaged property that is the subject of a 28 claim. 29 d. Entering into a written or verbal contract, or formal 30 or informal agreement, with any person that compromises the 31 adjuster’s duty of loyalty to the insured. 32 e. Using claim information obtained in the course of a claim 33 investigation for commercial purposes including marketing or 34 advertising for the benefit of the adjuster. 35 -41- SF 619 (5) 91 nls/ko/mb 41/ 91
S.F. 619 20. A public adjuster shall not file a complaint with 1 the division on behalf of an insured without the insured’s 2 knowledge and written consent. 3 21. An adjuster shall not represent, directly or 4 indirectly, that damage has occurred at a property unless the 5 adjuster has inspected the damaged areas of the property. 6 22. An adjuster shall produce a detailed written estimate to 7 repair or replace covered damages and provide a copy to both 8 the insured and the insurer in a timely manner. 9 23. A public adjuster shall not offer to pay an insured’s 10 deductible, or claim that the insured’s deductible will be 11 waived, as an inducement to use the services of the public 12 adjuster. 13 24. An adjuster shall respond reasonably promptly to 14 inquiries by the division. 15 25. A public adjuster shall provide a detailed invoice for 16 completed services to an insured prior to requesting payment 17 for services pursuant to a contract under section 522C.10. 18 26. Funds received or held by a public adjuster on behalf of 19 an insured toward the settlement of a claim shall be: 20 a. Held in a fiduciary capacity. 21 b. Deposited by the adjuster into one or more separate 22 noninterest-bearing fiduciary trust accounts in a financial 23 institution licensed to do business in this state no later 24 than the close of the fifth business day from the date the 25 public adjuster received the funds, and either deposited in the 26 insured’s name or in the name of the public adjuster as trustee 27 for the insured, to be held and administered as a trust account 28 for the benefit and protection of the insured. 29 c. Held separately from personal or nonbusiness funds. 30 d. Held separately from other business funds. 31 e. Listed specifically and separately, by the insured’s name 32 and the amount in trust in the book of accounts and records of 33 the public adjuster. The book of accounts and records must 34 indicate the fiduciary nature of the account and any amounts 35 -42- SF 619 (5) 91 nls/ko/mb 42/ 91
S.F. 619 deposited or withdrawn. 1 f. Disbursed within thirty calendar days of receipt of an 2 invoice by the public adjuster from a contractor that completed 3 work, if the public adjuster receives approval of the insured 4 that the work was satisfactorily completed. 5 27. A public adjuster shall comply with all applicable local 6 ordinances. 7 28. An adjuster who fails to comply with this section shall 8 be subject to penalties under sections 522C.13 and 522C.14. 9 Sec. 46. NEW SECTION . 522C.12 Adjusters —— records. 10 1. An adjuster shall have a continuing duty to keep, at 11 the adjuster’s place of business, usual and customary records 12 pertaining to transactions undertaken by the adjuster. All 13 such records shall be kept available and open for inspection 14 by the division at any time during regular business hours; 15 however, the division is not entitled to inspect any records 16 prepared in anticipation of litigation or that are subject to 17 any privilege recognized in chapter 622. The records shall be 18 maintained for a minimum of five years from the date of the 19 adjuster transaction. 20 2. An adjuster who fails to comply with this section shall 21 be subject to penalties under sections 522C.13 and 522C.14. 22 Sec. 47. NEW SECTION . 522C.13 License denial, nonrenewal, 23 suspension, or revocation. 24 1. The division may place on probation, suspend, revoke, or 25 refuse to issue or renew an adjuster’s license, and may levy a 26 civil penalty as provided in section 522C.14, for one or more 27 of the following causes: 28 a. The adjuster provided incorrect, misleading, incomplete, 29 or materially untrue information in a license application. 30 b. The adjuster violated an insurance law, regulation, 31 subpoena, or order of the commissioner or of a commissioner of 32 another state. 33 c. The adjuster obtained or attempted to obtain a license 34 through misrepresentation or fraud. 35 -43- SF 619 (5) 91 nls/ko/mb 43/ 91
S.F. 619 d. The adjuster improperly withheld, misappropriated, or 1 converted money or property received in the course of doing 2 business. 3 e. The adjuster was convicted of a felony. 4 f. The adjuster admitted to, or was found to have committed, 5 any unfair trade practice or fraud. 6 g. The adjuster used fraudulent, coercive, or dishonest 7 practices, or demonstrated incompetence, untrustworthiness, or 8 financial irresponsibility, or was a source of injury or loss 9 in the conduct of business in this state or elsewhere. 10 h. The adjuster had any professional license, or its 11 equivalent, denied, suspended, or revoked in this state or any 12 other state, province, district, or territory. 13 i. The adjuster forged another’s name to any document 14 related to the adjuster’s work as an adjuster. 15 j. The adjuster improperly used notes or any other reference 16 material to complete an examination for an adjuster license. 17 k. The adjuster knowingly negotiated as an adjuster with an 18 individual or business entity who is not, but is required to 19 be, licensed as an adjuster, appraiser, or umpire. 20 l. The adjuster failed to comply with an administrative or 21 court order imposing a child support obligation. 22 m. The adjuster failed to comply with an administrative 23 or court order related to repayment of loans to the college 24 student aid commission. 25 n. The adjuster failed to pay state income tax or to comply 26 with any administrative or court order directing payment of 27 state income tax. 28 o. The adjuster failed or refused to cooperate in 29 an investigation conducted by the commissioner or the 30 commissioner’s designee. 31 p. The adjuster intentionally misrepresented the terms of an 32 actual or proposed contract for services. 33 2. If the commissioner does not renew an adjuster’s license 34 or denies an application for a license, the commissioner shall 35 -44- SF 619 (5) 91 nls/ko/mb 44/ 91
S.F. 619 notify the adjuster or applicant and advise, in writing, of 1 the reason for the nonrenewal of the license or denial of 2 the application for a license. The adjuster or applicant 3 may request a hearing on the nonrenewal or denial by filing 4 a written request for a hearing within thirty calendar days 5 from the date of notice of the nonrenewal or denial. A hearing 6 shall be conducted according to section 522C.15. 7 3. The license of a business entity may be suspended, 8 revoked, placed on probation, or refused if the commissioner 9 finds, after hearing, that an individual adjuster’s violation 10 was known or should have been known by a licensed partner, 11 officer, or manager of the business entity and the violation 12 was not reported to the commissioner and corrective action was 13 not taken. 14 4. The license of a nonresident adjuster shall be 15 immediately inactive if the nonresident adjuster is placed on 16 probation, suspended, revoked, refused, or denied licensure in 17 any other state. The nonresident adjuster shall have seven 18 calendar days to alert the commissioner that the nonresident 19 adjuster has been placed on probation, suspended, revoked, 20 refused, nonrenewed, or denied licensure in another state. 21 Failure to meet the reporting deadline shall be a violation of 22 this section. 23 5. In addition to, or in lieu of, denial, probation, 24 suspension, or revocation of a license under this section, an 25 adjuster, after hearing, may be subject to a civil penalty as 26 provided in section 522C.14. 27 6. The commissioner may enforce this chapter, may conduct 28 an investigation of any suspected violation of this chapter, 29 and may impose any penalty or remedy authorized by this chapter 30 against any person who is under investigation for, or charged 31 with, a violation of this chapter even if the person’s license 32 has been surrendered or has lapsed by operation of law. 33 7. a. All complaint files, investigation files, 34 investigation reports, and other investigative information 35 -45- SF 619 (5) 91 nls/ko/mb 45/ 91
S.F. 619 in the possession of the commissioner or the commissioner’s 1 agents that relates to adjuster discipline shall be privileged 2 and confidential, and shall not be subject to discovery, 3 subpoena, or other means of legal compulsion for release to a 4 person other than the adjuster, and shall not be admissible in 5 evidence in a judicial or administrative proceeding other than 6 a proceeding involving adjuster discipline. A final written 7 decision of the commissioner in a disciplinary proceeding shall 8 be a public record. 9 b. Investigative information in the possession of the 10 commissioner or the commissioner’s agents that relates to 11 adjuster discipline may be disclosed, at the commissioner’s 12 discretion. The commissioner may share documents, materials, 13 or other information, including confidential and privileged 14 documents and materials subject to this subsection, with other 15 state, federal, and international regulatory agencies, with 16 NAIC, its affiliates or subsidiaries, and with state, federal, 17 and international law enforcement authorities, provided 18 that the recipient agrees to maintain the confidentiality 19 and privileged status of the document, material, or other 20 information. 21 c. If the investigative information in the possession of the 22 commissioner or the commissioner’s agents indicates a crime has 23 been committed, the information shall be reported to the proper 24 law enforcement agency. 25 8. a. Pursuant to section 17A.19, subsection 6, upon an 26 appeal by the adjuster, the commissioner shall transmit the 27 entire record of the contested case to the reviewing court. 28 b. Notwithstanding section 17A.19, subsection 6, if a 29 waiver of privilege has been involuntary and evidence has been 30 received at a disciplinary hearing, the court shall issue 31 an order to withhold the identity of the individual whose 32 privilege was waived. 33 Sec. 48. NEW SECTION . 522C.14 Civil and criminal penalties. 34 1. a. Upon a determination by the commissioner after a 35 -46- SF 619 (5) 91 nls/ko/mb 46/ 91
S.F. 619 hearing conducted pursuant to chapter 17A that an adjuster has 1 violated a provision of this chapter, the commissioner shall 2 reduce the findings of the hearing to writing and deliver a 3 copy of the findings to the adjuster. 4 b. Upon a determination by the commissioner that an adjuster 5 has engaged, is engaging, or is about to engage in any act or 6 practice constituting a violation of this chapter or a rule 7 adopted or order issued under this chapter, the commissioner 8 may take the following actions: 9 (1) Issue an order requiring the adjuster to cease and 10 desist from engaging in the conduct resulting in the violation. 11 (2) Assess a civil penalty against the adjuster of not more 12 than one thousand dollars for each violation of this chapter, 13 not to exceed an aggregate of ten thousand dollars. 14 (3) If the adjuster knew or reasonably should have known 15 the adjuster was in violation of this chapter, assess a 16 civil penalty of not more than five thousand dollars for each 17 violation of this chapter, not to exceed an aggregate penalty 18 of fifty thousand dollars in any one six-month period. 19 (4) (a) Issue a summary order, including a brief statement 20 of findings of fact, conclusions of law, and policy reasons for 21 the decision, and directing the adjuster to cease and desist 22 from engaging in the act or practice or to take affirmative 23 action as is necessary in the judgment of the commissioner to 24 comply with the requirements of this chapter. 25 (b) An adjuster may contest a summary order by filing, 26 within thirty calendar days from the date of the issuance of 27 the summary order, a written request for a contested case 28 proceeding and hearing as provided in chapter 17A and in 29 accordance with rules adopted by the commissioner. Section 30 17A.18A shall be inapplicable to a summary order issued under 31 this subsection. If a hearing is not requested within thirty 32 calendar days from the date of issuance of the summary order, 33 the summary order shall become final by operation of law. A 34 summary order shall remain effective from the date of issuance 35 -47- SF 619 (5) 91 nls/ko/mb 47/ 91
S.F. 619 until the date the order becomes final by operation of law, 1 or is modified or overturned by a presiding officer or court 2 following a request for hearing. 3 (c) An adjuster violating a summary order issued under this 4 subsection shall be deemed in contempt of the summary order. 5 The commissioner may petition the district court to enforce the 6 order as certified by the commissioner. The district court 7 shall find the adjuster in contempt of the order if the court 8 finds, after conducting a hearing, that the adjuster is not 9 in compliance with the order. The court may assess a civil 10 penalty against the adjuster and may issue further orders as 11 the court deems appropriate. 12 c. In addition to any other penalty under this section, 13 if the commissioner finds that a violation of this chapter 14 was directed, encouraged, condoned, ignored, or ratified by 15 the employer of the adjuster, the commissioner shall assess a 16 penalty to the employer. Penalties under this paragraph may be 17 retained by the commissioner under section 505.7, subsection 9. 18 2. a. A person acting as an adjuster without proper 19 licensure, or an adjuster who willfully violates any provision 20 of this chapter or an order issued under this chapter, is 21 guilty of a class “D” felony. If the violation results in a 22 loss of more than ten thousand dollars, the person or adjuster 23 is guilty of a class “C” felony. 24 b. An adjuster who steals, converts, or misappropriates 25 funds that should be held in trust under section 522C.11, is 26 guilty of a class “D” felony. If the violation results in a 27 loss of more than ten thousand dollars, the adjuster is guilty 28 of a class “C” felony. 29 c. The commissioner may refer such evidence as is available 30 concerning a violation of this chapter, or of any rule adopted 31 or order issued under this chapter, or of the failure of a 32 person to comply with the licensing requirements of this 33 chapter, to the attorney general or the proper county attorney 34 who may institute the appropriate criminal proceedings under 35 -48- SF 619 (5) 91 nls/ko/mb 48/ 91
S.F. 619 this chapter. 1 d. This chapter does not limit the power of the state to 2 punish any person for conduct that constitutes a crime under 3 any other statute. 4 3. Any contract regulated by this chapter that is entered 5 into by an insured with a person who is not a licensed public 6 adjuster in this state shall be void. If a contract is void, 7 the insured is not liable for the payment for any past services 8 rendered, or future services to be rendered, by that person. 9 Sec. 49. NEW SECTION . 522C.15 Reinstatement or reissuance 10 of a license after disciplinary matters —— forfeiture in lieu of 11 compliance. 12 1. a. A person licensed as an adjuster under this chapter 13 whose license has been revoked or suspended by order, or who 14 forfeited a license in connection with a disciplinary matter, 15 may apply to the commissioner for reinstatement or reissuance 16 in accordance with the terms of the order of revocation or 17 suspension, or the order accepting the forfeiture, and submit 18 to a criminal history check under section 522B.5A. 19 b. Proceedings for reinstatement or reissuance shall be 20 initiated by the applicant who shall file with the commissioner 21 an application for reinstatement or reissuance after 22 disciplinary action. An applicant shall not be eligible for 23 reinstatement or reissuance until the applicant satisfies the 24 requirements under section 522C.5, 522C.5A, 522C.5B, 522C.5C, 25 or 522C.5D, as applicable, and the examination requirements 26 under section 522C.8. An applicant may also be required to 27 submit a new or renewal adjuster application under section 28 522C.5A, 522C.5B, 522C.5C, or 522C.5D, as applicable. 29 c. An application for reinstatement or reissuance shall 30 allege facts which, if established, are sufficient to enable 31 the commissioner to determine that the basis of revocation, 32 suspension, or forfeiture of the applicant’s license no longer 33 exists, and must disclose if the applicant has engaged in 34 any conduct listed as a cause for licensing action that was 35 -49- SF 619 (5) 91 nls/ko/mb 49/ 91
S.F. 619 not included in the order for suspension, revocation, or 1 forfeiture. 2 d. An application for reinstatement or reissuance shall 3 allege facts which, if established, are sufficient to enable 4 the commissioner to determine that it is in the public 5 interest for the application to be granted. The commissioner 6 may determine that it is not in the public interest if the 7 applicant has engaged in any conduct listed as a cause for 8 licensing action that was not included in the order for 9 suspension, revocation, or forfeiture, or if the applicant does 10 not have the character and fitness to be a licensed adjuster 11 in this state. 12 e. The burden of proof to establish facts identified in 13 paragraphs “c” and “d” shall be on the applicant. 14 f. An adjuster may request reinstatement of a suspended 15 license prior to the end of the suspension term. 16 g. Unless otherwise provided by law, if an order of 17 revocation or suspension did not establish terms on which 18 reinstatement or reissuance may occur, or if the license 19 was forfeited, an initial application for reinstatement or 20 reissuance shall not be made until at least one year from the 21 date of the order of the suspension, revocation, or acceptance 22 of the forfeiture of a license. 23 2. All proceedings on an application for reinstatement or 24 reissuance, including preliminary and ancillary matters, shall 25 be held in accordance with chapter 17A. The application shall 26 be docketed in the original case in which the original license 27 was suspended, revoked, or forfeited, if the case exists. 28 3. An order of reinstatement or reissuance shall be based 29 on a written decision which incorporates findings of fact 30 and conclusions of law. An order granting an application 31 for reinstatement or reissuance may impose such terms and 32 conditions as the commissioner or the commissioner’s designee 33 deems appropriate, and may include one or more penalties 34 provided under section 522C.14. The order shall be a public 35 -50- SF 619 (5) 91 nls/ko/mb 50/ 91
S.F. 619 record and may be disseminated in compliance with chapter 22. 1 4. If an adjuster’s ordered suspension period ends prior to 2 the adjuster’s license expiration date and the adjuster applies 3 for reinstatement prior to the license expiration date and 4 meets all applicable requirements, the division shall reinstate 5 the license as soon as practicable but no earlier than the end 6 of the suspension period if the division, after a complete 7 review, determines the license should be reinstated. 8 5. If an adjuster’s license is suspended beyond the 9 adjuster’s license expiration date, whether due to an ordered 10 suspension time period or failure to apply for reinstatement 11 prior to expiration, the adjuster must apply for reissuance. 12 6. A submission of voluntary forfeiture of a license 13 shall be made in writing to the commissioner. Forfeiture of 14 a license is effective on the date of submission unless a 15 contested case proceeding is pending on the date of submission. 16 If a contested case proceeding is pending, the forfeiture 17 shall become effective upon conditions as ordered by the 18 commissioner. A forfeiture made during the pendency of a 19 contested case proceeding shall be considered a disciplinary 20 action and shall be published in the same manner as is 21 applicable to any other form of disciplinary order. 22 7. The commissioner shall not be prohibited from denying an 23 application for reinstatement or reissuance, or from bringing 24 an additional immediate action, if an adjuster has engaged in 25 an additional violation of chapter 507B or 522C, or otherwise 26 failed to meet all applicable requirements. 27 8. This section shall not apply to reinstatement of an 28 expired license or issuance of a new license that is not in 29 connection with a disciplinary matter. 30 Sec. 50. NEW SECTION . 522C.16 Suspension for failure to 31 pay child support or state debt. 32 1. The commissioner shall deny an adjuster’s application 33 for license issuance, renewal, reinstatement, or reissuance; 34 suspend a current license; or revoke a currently suspended 35 -51- SF 619 (5) 91 nls/ko/mb 51/ 91
S.F. 619 license, upon receipt of a certificate of noncompliance from 1 the child support recovery unit pursuant to chapter 252J, 2 or upon receipt of a certificate of noncompliance from the 3 centralized collection unit of the department of revenue 4 pursuant to chapter 272D. 5 2. Upon receipt of a certificate of noncompliance under 6 subsection 1, the commissioner shall issue a notice to the 7 adjuster that the division will, unless the certificate of 8 noncompliance is withdrawn, deny the adjuster’s application 9 for license issuance, renewal, reinstatement, or reissuance, 10 suspend the adjuster’s current license, or revoke the 11 adjuster’s currently suspended license, thirty calendar days 12 after the date the notice is mailed. Notice shall be sent 13 to the adjuster’s last known address by restricted certified 14 mail, return receipt requested, or in accordance with the 15 division’s rules for service. The notice shall contain all of 16 the following: 17 a. A statement that the commissioner intends to deny 18 the adjuster’s application for license issuance, renewal, 19 reinstatement, or reissuance; suspend the adjuster’s current 20 license; or revoke the adjuster’s currently suspended license 21 in thirty calendar days unless the certificate of noncompliance 22 is withdrawn. 23 b. A statement that the adjuster must contact the agency 24 that issued the certificate of noncompliance to request a 25 withdrawal. 26 c. A statement that the adjuster does not have a right to 27 a hearing before the division, but that the adjuster may file 28 an application for a hearing in district court pursuant to 29 section 252J.9 or 272D.9, as applicable, and that the filing 30 of an application by the adjuster will stay the proceedings of 31 the division. 32 d. A copy of the certificate of noncompliance. 33 3. An adjuster shall keep the commissioner informed of all 34 actions taken by the district court or the issuing agency in 35 -52- SF 619 (5) 91 nls/ko/mb 52/ 91
S.F. 619 connection with a certificate of noncompliance. Within seven 1 calendar days of filing or issuance, an adjuster shall provide 2 to the commissioner a copy of all applications filed with the 3 district court pursuant to an application or hearing, all 4 court orders entered in such action, and all withdrawals of a 5 certificate of noncompliance. 6 4. If an applicant or licensed adjuster timely files an 7 application for hearing in district court and the division 8 is notified of the filing, the commissioner’s denial, 9 suspension, or revocation proceedings shall be stayed until 10 the division is notified by the district court, the issuing 11 agency, the licensee, or the applicant of the resolution of 12 the application. Upon receipt of a court order lifting the 13 stay or otherwise directing the commissioner to proceed, the 14 commissioner shall continue with the intended action described 15 in the notice. 16 5. If the commissioner does not receive a withdrawal of 17 the certificate of noncompliance from the issuing agency, or a 18 notice from a clerk of court, the issuing agency, the licensee, 19 or the applicant that an application for hearing has been filed 20 within thirty calendar days after the notice is issued, the 21 commissioner shall deny the adjuster’s application for license 22 issuance, renewal, reinstatement, or reissuance; suspend a 23 current license; or revoke a currently suspended license. 24 6. Upon receipt of a withdrawal of a certificate of 25 noncompliance from the issuing agency, suspension or revocation 26 proceedings shall halt and the named adjuster shall be notified 27 that the proceedings have halted. If the adjuster’s license 28 has already been suspended, the adjuster must apply for 29 reinstatement in accordance with section 522C.15, and the 30 license shall be reinstated if the adjuster is otherwise in 31 compliance with this chapter. If the adjuster’s application 32 for licensure was stayed, application processing shall resume. 33 All fees required for license renewal, reinstatement, or 34 reissuance must be paid by the adjuster, and all continuing 35 -53- SF 619 (5) 91 nls/ko/mb 53/ 91
S.F. 619 education requirements shall be satisfied, before the 1 adjuster’s license is renewed or reinstated after a license 2 suspension or revocation under this chapter. 3 7. The commissioner shall notify an adjuster in writing 4 through regular first class mail, or such other means as the 5 commissioner deems appropriate under the circumstances, within 6 ten calendar days of the effective date of the suspension or 7 revocation of the adjuster’s license, and shall also notify the 8 adjuster when the adjuster’s license is reinstated following 9 the commissioner’s receipt of a withdrawal of the certificate 10 of noncompliance. 11 8. Notwithstanding any provision of law to the contrary, the 12 division may share information with the child support recovery 13 unit or the centralized collection unit of the department of 14 revenue for the sole purpose of identifying adjusters subject 15 to enforcement under chapter 252J or 272D. 16 Sec. 51. NEW SECTION . 522C.17 Severability. 17 If any provision of this chapter or the application thereof 18 to any person or circumstance is held invalid, the invalidity 19 does not affect other provisions or applications of this 20 chapter which can be given effect without the invalid provision 21 or application, and to this end the provisions of this chapter 22 are severable. 23 Sec. 52. APPLICABILITY. The licensure and examination 24 requirements of chapter 522C in this division of this Act apply 25 three months after the enactment date of this division of this 26 Act to a person currently doing business in this state as an 27 independent adjuster or a staff adjuster as of January 1, 2025. 28 DIVISION VI 29 LICENSING AND REGULATION OF APPRAISERS AND UMPIRES 30 Sec. 53. Section 507B.2, subsection 1, Code 2025, is amended 31 to read as follows: 32 1. “Person” shall mean any individual, corporation, 33 association, partnership, reciprocal exchange, interinsurer, 34 fraternal beneficiary association, and any other legal entity 35 -54- SF 619 (5) 91 nls/ko/mb 54/ 91
S.F. 619 engaged in the business of insurance, including insurance 1 producers , appraisers, umpires, and adjusters. “Person” shall 2 also mean any corporation operating under the provisions of 3 chapter 514 and any benevolent association as defined and 4 operated under chapter 512A . For purposes of this chapter , 5 corporations operating under the provisions of chapter 514 and 6 chapter 512A shall be deemed to be engaged in the business of 7 insurance. 8 Sec. 54. Section 522B.5A, subsection 2, paragraph c, Code 9 2025, is amended to read as follows: 10 c. A renewal, reinstatement, or reissuance of a license 11 if the license of a producer has been revoked or suspended 12 pursuant to section 522B.11 , the license of a public adjuster 13 has been revoked or suspended pursuant to section 522C.6 14 522C.13 , or the license of a viatical settlement provider 15 or viatical settlement broker has been revoked or suspended 16 pursuant to section 508E.4 , or the license of an appraiser or 17 an umpire has been revoked or suspended pursuant to section 18 522F.20 . 19 Sec. 55. Section 522B.5A, subsection 2, Code 2025, is 20 amended by adding the following new paragraphs: 21 NEW PARAGRAPH . f. An initial license as an appraiser in 22 this state. 23 NEW PARAGRAPH . g. An initial license as an umpire in this 24 state. 25 Sec. 56. NEW SECTION . 522F.1 Definitions. 26 As used in this chapter, unless the context otherwise 27 requires: 28 1. “Adjuster” means a person licensed pursuant to chapter 29 522C. 30 2. “Amount of loss” means the monetary amount determined 31 to be necessary to properly repair or replace damage related 32 to the scope of a loss for a covered peril, and is limited to 33 all applicable coverages for covered items associated with the 34 claim. 35 -55- SF 619 (5) 91 nls/ko/mb 55/ 91
S.F. 619 3. “Appraiser” means a person licensed as an appraiser 1 pursuant to section 522F.4. 2 4. “Appraiser list” means a list, maintained by the 3 division, of all appraisers licensed by the division. 4 5. “Claimant” means a person who makes a first-party claim 5 under a policy of property and casualty insurance. 6 6. “Commissioner” means the commissioner of insurance. 7 7. “Disciplinary matter” means an individual is the subject 8 of an investigation, complaint, pending administrative action, 9 or other such action in any state. 10 8. “First-party claim” means a claim filed by a named 11 insured under an insurance policy against which a claim is 12 made. 13 9. “Good cause” means a legally sufficient reason including 14 but not limited to any of the following: 15 a. A conflict of interest. 16 b. A lack of independence or an inability to competently or 17 promptly carry out the duties required under this chapter. 18 c. Any other reason that would reasonably be expected to 19 impair an appraisal. 20 10. “Immediate family” means an individual’s parent, 21 sibling, child, grandchild, spouse, spouses of the individual’s 22 children, or parents of the individual’s spouse. 23 11. “Insured” means a person covered under an insurance 24 policy against which a claim is made. 25 12. “Insurer” means a person engaged in the business of 26 insurance and regulated under chapter 507A, 508, 512B, 515, 27 518, 518A, or 520. 28 13. “NIPR gateway” means the communication network developed 29 and operated by the national insurance producer registry that 30 links state insurance regulators with regulated entities to 31 facilitate the electronic exchange of adjuster information, 32 including but not limited to license applications, license 33 renewals, appointments, and terminations. 34 14. “Party” means an insurer or a claimant, including an 35 -56- SF 619 (5) 91 nls/ko/mb 56/ 91
S.F. 619 employee, contractor, and other representative of an insurer 1 or claimant. 2 15. “Person” means an individual or a business entity. 3 16. “Reinstatement” means the reinstatement of a suspended 4 license which was suspended in connection with a disciplinary 5 matter, and that has not expired or been terminated during the 6 suspension period. 7 17. “Reissuance” means the issuance of a new license 8 following the revocation of a license, the suspension and 9 subsequent termination of a license, or the forfeiture of a 10 license in connection with a disciplinary matter. 11 18. “Umpire” means a person licensed as an umpire pursuant 12 to section 522F.9. 13 19. “Umpire list” means a list, maintained by the division, 14 of all umpires licensed by the division. 15 Sec. 57. NEW SECTION . 522F.2 Rules. 16 The commissioner may adopt rules pursuant to chapter 17A to 17 administer this chapter. 18 Sec. 58. NEW SECTION . 522F.3 Appraiser’s license —— 19 eligibility. 20 1. A person shall not act as, or represent that the person 21 is, an appraiser in this state unless the person is licensed 22 under this chapter. A person that acts as an appraiser in this 23 state solely for a crop hail or multiperil crop insurance claim 24 shall not be subject to this chapter. 25 2. A person applying for an appraiser license shall submit 26 an application on a uniform individual application or a uniform 27 business entity application in the form and manner prescribed 28 by the commissioner. 29 3. To be eligible for licensure under this chapter, a person 30 shall meet all of the following criteria: 31 a. Have experience or training in building construction, 32 repair, or estimating property damage. 33 b. Unless waived by the commissioner based on the person’s 34 other professional qualifications, have a minimum of three 35 -57- SF 619 (5) 91 nls/ko/mb 57/ 91
S.F. 619 years’ experience as any of the following: 1 (1) A professional engineer licensed under chapter 542B or 2 similarly licensed in another state. 3 (2) An architect licensed under chapter 544A or similarly 4 licensed in another state. 5 (3) An adjuster licensed under chapter 522C or similarly 6 licensed in another state. 7 (4) A residential contractor as defined in section 103A.71. 8 (5) A contractor registered under chapter 91C or similarly 9 registered in another state. 10 c. (1) Pass a written examination as prescribed by 11 the division. The examination shall test the knowledge of 12 a person concerning the appraisal process, the duties and 13 responsibilities of an appraiser, and the insurance laws and 14 rules of this state. Examination results shall be valid for 15 ninety calendar days from the date of examination. 16 (2) An individual who concurrently applies for an appraiser 17 license, and a license as an adjuster under chapter 522C, may 18 choose to take a joint examination conducted as prescribed by 19 the division. The joint examination shall test the knowledge 20 of the individual concerning the duties and responsibilities 21 of an adjuster and of an appraiser, and the insurance laws 22 and administrative rules of this state. An individual who 23 successfully passes a joint examination, and who meets all 24 other requirements for licensure as an appraiser, and as an 25 adjuster under chapter 522C, shall be licensed as both an 26 adjuster and as an appraiser. 27 d. Have the requisite character and competence, as 28 determined by the division. 29 4. To determine an applicant’s eligibility for licensure, 30 the commissioner may require a criminal history check pursuant 31 to section 522B.5A. 32 Sec. 59. NEW SECTION . 522F.4 Appraisers —— licensure, 33 license renewal, and fees. 34 1. A person who meets the requirements under section 522F.3, 35 -58- SF 619 (5) 91 nls/ko/mb 58/ 91
S.F. 619 unless otherwise denied licensure pursuant to section 522F.20, 1 shall be issued an appraiser license that is valid for two 2 years from the date of issue. 3 2. Any applicable fee for a criminal history check pursuant 4 to section 522B.5A. 5 3. The fee for an initial appraiser license, or renewal of 6 an appraiser license, shall be fifty dollars for a two-year 7 license. An applicant who concurrently applies for both an 8 appraiser license, and a license as an adjuster under chapter 9 522C, shall only be required to pay the fee required under this 10 chapter or the fee required under chapter 522C. 11 4. The fee for reinstatement of an expired appraiser license 12 shall be one hundred dollars. 13 5. The fee for a reinstatement or reissuance of an appraiser 14 license suspended or revoked due to a disciplinary action shall 15 be one hundred dollars. 16 6. An appraiser’s license shall contain the licensee’s 17 name, business address, appraisal license number, the date of 18 issuance, the expiration date, and any other information the 19 division deems necessary. 20 7. An appraiser licensed under this chapter shall be 21 required to complete continuing education requirements, as 22 prescribed by the division, to be eligible for license renewal 23 or reinstatement. 24 8. An appraiser licensed under this chapter shall inform 25 the division, in the manner and form specified by the division, 26 of a change of legal name or business address within thirty 27 calendar days of the change. Failure to timely inform the 28 division may result in a penalty as specified in section 29 522F.20. 30 9. The division shall publish an appraiser list on the 31 division’s internet site in a manner readily available to the 32 public. The appraiser list shall include all of the following 33 information for each licensed appraiser: 34 a. The business telephone number, business mailing address, 35 -59- SF 619 (5) 91 nls/ko/mb 59/ 91
S.F. 619 business email address, and the county and state of residence 1 of the appraiser as provided to the division by the appraiser 2 for licensure. 3 b. The appraiser’s area of training or expertise. 4 c. The date of the appraiser’s initial licensure and the 5 date the license expires. 6 10. Prior to approving a business entity’s application for 7 a license as an appraiser, the commissioner shall find that the 8 business entity has designated an individual appraiser licensed 9 in this state to be responsible for the business entity’s 10 compliance with the insurance laws and rules of this state. 11 Sec. 60. NEW SECTION . 522F.5 Appraiser license 12 reinstatement —— not related to disciplinary action. 13 1. An appraiser may apply for reinstatement of an expired 14 license up to one year after the license expiration date 15 by submitting a request through the NIPR gateway, paying a 16 reinstatement fee and a license renewal fee, and submitting 17 evidence to the division that the appraiser met the continuing 18 education requirements under section 522F.4. An appraiser who 19 fails to apply for license reinstatement within one year of the 20 date of expiration of the appraiser’s license must apply for 21 a new license. 22 2. An appraiser who surrendered a license, not in connection 23 with a disciplinary matter, and stated an intent to exit the 24 appraiser business may file a request with the division to 25 reactivate the appraiser license. The request must be received 26 by the division within ninety calendar days of the date the 27 appraiser’s license was placed on inactive status. The request 28 shall be granted if the former appraiser is otherwise eligible 29 to receive an appraiser license. If the appraiser’s request to 30 reactivate the license is not received within ninety calendar 31 days of the date the appraiser’s license was placed on inactive 32 status, the appraiser must apply for a new license. 33 3. An appraiser whose license is suspended, revoked, 34 or forfeited in connection with a disciplinary matter, or 35 -60- SF 619 (5) 91 nls/ko/mb 60/ 91
S.F. 619 forfeited in lieu of compliance, shall not be eligible for 1 reinstatement under this section and must follow the procedures 2 in section 522F.22. 3 Sec. 61. NEW SECTION . 522F.6 Appraisers —— payment. 4 1. Each party to an appraisal shall be responsible for the 5 following: 6 a. The party’s own appraiser’s fees and expenses. 7 b. An equal share of all reasonable and necessary fees and 8 expenses incurred by an umpire, if necessary. 9 c. An equal share of all reasonable and necessary costs 10 incurred in the course of conducting the appraisal. 11 2. An appraiser shall not charge any party on a basis 12 dependent on the outcome of the written itemized award, or 13 charge in a manner that relies on a barter arrangement, gift, 14 favor, or in-kind exchange. 15 3. An appraiser shall not charge, and is not entitled to, 16 a fee, compensation, deposit, or other type of consideration 17 if the appraiser abandons the appraisal prior to the umpire 18 issuing a written itemized award. 19 Sec. 62. NEW SECTION . 522F.7 Appraisers —— standards of 20 conduct. 21 1. An appraiser shall act with due diligence, including but 22 not limited to demonstrating accuracy, fairness, and timeliness 23 throughout an appraisal process. 24 2. a. (1) No later than five business days after being 25 hired by a party to an appraisal and before beginning work as 26 an appraiser, an appraiser shall disclose to all parties to the 27 appraisal any potential conflict of interest. 28 (2) An appraiser shall not engage in any act or practice 29 that is a conflict of interest during the appraisal. 30 (3) If a conflict of interest arises after the start of the 31 appraisal process, an appraiser shall disclose the conflict of 32 interest to the parties and shall withdraw from the appraisal 33 process no more than five business days after the conflict of 34 interest arose. 35 -61- SF 619 (5) 91 nls/ko/mb 61/ 91
S.F. 619 b. A conflict of interest shall include but is not limited 1 to all of the following: 2 (1) An appraiser is a party to a lawsuit against any party 3 to an appraisal. 4 (2) An appraiser is a party to, or a member or employee 5 of a law firm that represents a party to, a current lawsuit 6 involving an insurer that is a party to the appraisal. 7 (3) An appraiser has personally investigated, prosecuted, 8 or advocated in connection with the appraisal. 9 (4) An appraiser has acted as counsel to any party to 10 an appraisal within the two years immediately preceding the 11 appraisal. 12 (5) An appraiser has a personal financial interest in the 13 outcome of the appraisal or any other significant interest 14 that could be substantially affected by the outcome of the 15 appraisal. 16 (6) A member of an appraiser’s immediate family is any of 17 the following: 18 (a) A party to the appraisal, or an officer, director, or 19 trustee of a party. 20 (b) A current employee of an appraiser or an adjuster to the 21 appraisal. 22 (c) A business entity licensed as an adjuster that adjusted 23 the loss at issue in the appraisal. 24 (d) Known to have an interest that could be substantially 25 affected by the outcome of the appraisal. 26 (e) An immediate family member that has a legally sufficient 27 reason that requires the appraiser to withdraw from the 28 appraisal. 29 3. An appraiser shall postpone an appraisal for a reasonable 30 amount of time if any party demonstrates reasonable cause for 31 a postponement. The appraiser shall notify all parties if 32 the appraisal process is postponed. An appraiser’s failure 33 to timely notify all parties may result in a penalty under 34 sections 522F.20 and 522F.21. 35 -62- SF 619 (5) 91 nls/ko/mb 62/ 91
S.F. 619 4. In the course of an appraisal, an appraiser shall 1 consider all information provided by the parties and any 2 other reasonably available evidence that is material to the 3 appraisal. 4 5. In the course of an appraisal, an appraiser shall 5 carefully decide all issues submitted for determination of the 6 amount of loss and actual cash value. 7 6. In the course of an appraisal, an appraiser shall provide 8 all parties a fair and reasonable itemized written appraisal 9 detailing the amount of loss and actual cash value. 10 7. In the course of an appraisal, an appraiser shall ensure 11 the appraiser’s party is reasonably informed of all updates 12 throughout the appraisal process. 13 8. An appraiser shall not permit outside influence to affect 14 an appraisal. 15 9. An appraiser shall not allow a person other than the 16 umpire for the appraisal to determine differences between the 17 actual cash value and the amount of loss of each item on the 18 appraisal. 19 10. a. An appraiser shall not communicate directly or 20 indirectly with any of the following: 21 (1) An opposing party or representative of the opposing 22 party other than the opposing party’s appraiser. 23 (2) The umpire, unless reasonable notice and opportunity 24 to participate in the communication is provided to an opposing 25 appraiser. 26 b. Notwithstanding paragraph “a” , an appraiser may 27 communicate with an opposing party or an umpire in order to do 28 any of the following: 29 (1) Identify the party’s counsel or experts. 30 (2) Discuss logistical matters, including the time and 31 place of a meeting or to make arrangements for the conduct 32 of the appraisal. The appraiser initiating contact with the 33 umpire shall promptly inform an opposing appraiser. 34 (3) If an opposing appraiser fails to participate in a 35 -63- SF 619 (5) 91 nls/ko/mb 63/ 91
S.F. 619 meeting or conference call after receiving reasonable notice 1 and opportunity to participate, or if all parties agree 2 in writing in advance of a meeting or conference call, an 3 appraiser may discuss a claim with the umpire. 4 11. An appraiser shall not act as, or have ever acted as, an 5 adjuster or umpire on the same claim. 6 12. An appraiser shall not withdraw or abandon an appraisal 7 unless compelled by unforeseen circumstances that would render 8 it impossible or impracticable for the appraiser to continue. 9 13. During the appraisal process, an appraiser may hire 10 an outside expert to provide subject matter expertise as 11 necessary. 12 Sec. 63. NEW SECTION . 522F.8 Umpire license —— eligibility. 13 1. An individual shall not act as, or represent that the 14 individual is, an umpire in this state unless the individual 15 is licensed under this chapter. An individual that acts as an 16 umpire in this state solely for a crop hail or multiperil crop 17 insurance claim shall not be subject to this chapter. 18 2. An individual applying for an umpire license shall submit 19 an application on a uniform individual application in the form 20 and manner prescribed by the commissioner. 21 3. To be eligible for licensure under this chapter, an 22 individual shall meet all of the following criteria: 23 a. Unless waived by the commissioner based on the 24 individual’s other professional qualifications, have a minimum 25 of three years’ experience as any of the following: 26 (1) A professional engineer licensed under chapter 542B or 27 similarly licensed in another state. 28 (2) An architect licensed under chapter 544A or similarly 29 licensed in another state. 30 (3) An adjuster licensed under chapter 522C or similarly 31 licensed in another state. 32 (4) An appraiser licensed under this chapter or similarly 33 licensed in another state. 34 (5) An attorney licensed in this state, or another state, 35 -64- SF 619 (5) 91 nls/ko/mb 64/ 91
S.F. 619 with experience in first-party property damage litigation. 1 (6) An insurance regulator. 2 b. Pass a written examination as prescribed by the 3 division. The examination shall test the knowledge of the 4 individual concerning the appraisal process, the duties and 5 responsibilities of an umpire, and the insurance laws and rules 6 of this state. Examination results shall be valid for ninety 7 calendar days from the date of examination. 8 c. Have the requisite character and competence, as 9 determined by the division. 10 4. To determine an applicant’s eligibility for licensure, 11 the commissioner may require a criminal history check pursuant 12 to section 522B.5A. 13 Sec. 64. NEW SECTION . 522F.9 Umpires —— licensure, license 14 renewal, and fees. 15 1. An individual who meets the requirements of section 16 522F.8, unless otherwise denied licensure pursuant to section 17 522F.20, shall be issued an umpire license that is valid for 18 two years from the date of issue. 19 2. Any applicable fee for a criminal history check pursuant 20 to section 522B.5A. 21 3. The fee for an initial umpire license, or renewal of an 22 umpire license, shall be fifty dollars for a two-year license. 23 4. The fee for reinstatement of an expired umpire license 24 shall be one hundred dollars. 25 5. The fee for a reinstatement or reissuance of an umpire 26 license suspended or revoked due to a disciplinary action shall 27 be one hundred dollars. 28 6. An umpire’s license shall contain the licensee’s name, 29 business address, umpire license number, the date of issuance, 30 the expiration date, and any other information the division 31 deems necessary. 32 7. An umpire licensed under this chapter shall be required 33 to complete continuing education requirements, as prescribed 34 by the division to be eligible for license renewal or 35 -65- SF 619 (5) 91 nls/ko/mb 65/ 91
S.F. 619 reinstatement. 1 8. An umpire licensed under this chapter shall inform the 2 division, in the manner and form specified by the division, 3 of a change of legal name or business address within thirty 4 calendar days of the change. Failure to timely inform the 5 division may result in a penalty as specified in sections 6 522F.20 and 522F.21. 7 9. The division shall publish an umpire list on the 8 division’s internet site in a manner that is readily available 9 to the public. The umpire list shall include all of the 10 following information for each licensed umpire: 11 a. The business telephone number, business mailing address, 12 business email address, and the county and state of residence 13 of the umpire as provided to the division by the umpire for 14 licensure. 15 b. The umpire’s area of training and expertise. 16 c. The date of the umpire’s initial licensure and the date 17 the license expires. 18 Sec. 65. NEW SECTION . 522F.10 Umpire license reinstatement 19 —— not related to disciplinary action. 20 1. An umpire may apply for reinstatement of an expired 21 license up to one year after the license expiration date 22 by submitting a request through the NIPR gateway, paying a 23 reinstatement fee, and submitting evidence to the division that 24 the umpire met the continuing education requirements under 25 section 522F.9. An umpire who fails to apply for license 26 reinstatement within one year of the date of expiration of the 27 umpire’s license must apply for a new license. 28 2. An umpire who surrendered a license, not in connection 29 with a disciplinary matter, and stated an intent to exit the 30 umpire business, may file a request with the division to 31 reactivate the umpire license. The request must be received 32 by the division within ninety calendar days of the date the 33 umpire’s license was placed on inactive status. The request 34 shall be granted if the former umpire is otherwise eligible 35 -66- SF 619 (5) 91 nls/ko/mb 66/ 91
S.F. 619 to receive an umpire license. If the umpire’s request to 1 reactivate the umpire’s license is not received within ninety 2 calendar days of the date the license was placed on inactive 3 status, the umpire must apply for a new license. 4 3. An umpire whose license is suspended, revoked, or 5 forfeited in connection with a disciplinary matter, or 6 forfeited in lieu of compliance, shall not be eligible for 7 reinstatement under this section and must follow the procedures 8 in section 522F.22. 9 Sec. 66. NEW SECTION . 522F.11 Umpires —— payment. 10 1. In addition to the costs each party is responsible 11 for under section 522F.6, each party to an appraisal that 12 requires an umpire shall be responsible for an equal share of 13 all reasonable and necessary fees and expenses incurred by the 14 umpire. 15 2. If the parties settle before the appraisers direct the 16 umpire to begin work, the umpire shall not charge a fee. 17 3. An umpire shall not charge any party on a basis dependent 18 on the outcome of the written itemized award, or charge in a 19 manner that relies on a barter arrangement, gift, favor, or 20 in-kind exchange. 21 4. Prior to the conclusion of an appraisal process via 22 final settlement, or issuance of a written itemized award by 23 an umpire, an umpire shall not require, demand, or accept 24 any fee, retainer, compensation, deposit, or other type of 25 consideration, unless the loss is being handled by the umpire 26 on a time-plus-expense basis. 27 5. An umpire shall not charge, and is not entitled to, a 28 fee, compensation, deposit, or other type of consideration if 29 the umpire abandons the appraisal prior to the umpire issuing a 30 written itemized award. 31 Sec. 67. NEW SECTION . 522F.12 Umpires —— objections. 32 A party or appraiser that objects for good cause to a 33 selected umpire within the time limit specified in section 34 522F.14, subsection 3, paragraph “b” , shall send the objection 35 -67- SF 619 (5) 91 nls/ko/mb 67/ 91
S.F. 619 to all parties involved in the appraisal and, if applicable, to 1 the judge who appointed the umpire from the umpire list under 2 section 522F.14, subsection 3, paragraph “d” . A copy of the 3 objection shall be sent to the division electronically in the 4 form and manner prescribed by the commissioner. The objection 5 shall include all of the following information: 6 1. The names of all parties involved in the dispute. 7 2. The name of the person submitting the objection. 8 3. The insurer’s claim number. 9 4. The name of the umpire that the party or appraiser 10 objects to. 11 5. An explanation of the good cause basis for the objection. 12 Sec. 68. NEW SECTION . 522F.13 Umpires —— standards of 13 conduct. 14 1. An umpire shall act with due diligence, including but 15 not limited to demonstrating accuracy, fairness, and timeliness 16 throughout an appraisal process. 17 2. a. (1) No later than three business days after being 18 hired by the parties to an appraisal and before beginning work 19 as an umpire to the appraisal, an umpire shall disclose to all 20 parties to the appraisal any potential conflict of interest. 21 If a conflict of interest exists, the umpire shall withdraw 22 from the appraisal. 23 (2) An umpire shall not engage in any act or practice that 24 is a conflict of interest during the appraisal. 25 (3) If a conflict of interest arises after the start of an 26 appraisal process, an umpire shall disclose the conflict of 27 interest to the parties and shall withdraw from the appraisal 28 process. 29 b. A conflict of interest shall include but is not limited 30 to the following: 31 (1) An umpire is a party to a lawsuit against any party to 32 an appraisal. 33 (2) An umpire is a party to, or a member or employee of 34 a law firm that represents a party to, a current lawsuit 35 -68- SF 619 (5) 91 nls/ko/mb 68/ 91
S.F. 619 involving an insurer that is party to the appraisal. 1 (3) An umpire has a personal open claim involving an insurer 2 that is a party to the appraisal. 3 (4) An umpire has a personal bias or prejudice against a 4 party. 5 (5) An umpire has personally investigated, prosecuted, or 6 advocated in connection with the appraisal. 7 (6) An umpire has acted as counsel to any party to an 8 appraisal within the two years immediately preceding the 9 appraisal. 10 (7) An umpire has a personal financial interest in the 11 outcome of the appraisal or any other significant interest 12 that could be substantially affected by the outcome of the 13 appraisal. 14 (8) A member of an umpire’s immediate family is any of the 15 following: 16 (a) A party to the appraisal, or an officer, director, or 17 trustee of a party. 18 (b) A current employee of an appraiser or an adjuster to the 19 appraisal. 20 (c) A business entity licensed as an adjuster that adjusted 21 the loss at issue in the appraisal. 22 (d) Known to have an interest that could be substantially 23 affected by the outcome of the appraisal. 24 (e) An immediate family member that has a legally sufficient 25 reason that requires the umpire to withdraw from the appraisal. 26 3. Prior to beginning work as an umpire, an umpire shall 27 enter into a written contract with all parties to the appraisal 28 that requires the parties and the umpire to comply with this 29 section, and provides that each party shall pay costs as 30 required under section 522F.11. 31 4. An umpire shall not begin work on a claim until the 32 umpire receives each appraiser’s differences in actual cash 33 value and amount of loss of each item of the claim, and written 34 approval from the parties for the umpire to begin work. 35 -69- SF 619 (5) 91 nls/ko/mb 69/ 91
S.F. 619 5. No later than three business days after receiving notice 1 of selection for an appraisal, an umpire shall send notice 2 to the parties and the appraisers that includes all of the 3 following: 4 a. A statement informing each party if the umpire is insured 5 by an insurer. 6 b. A statement informing each party of the party’s 7 respective right to object to the umpire under section 522F.12. 8 6. An umpire shall address only issues in an appraisal that 9 the appraisers disagree on. 10 7. An umpire shall review all information submitted by the 11 appraisers and parties related to the dispute, including but 12 not limited to the itemized appraisals or estimates, supporting 13 documents, photographs, and diagrams. The umpire shall review 14 the differences between what each appraiser submitted and seek 15 agreement by the appraisers regarding the disputed issues. 16 8. An umpire shall allow each appraiser to a claim a fair 17 opportunity to present evidence and arguments regarding the 18 appraisal. 19 9. An umpire shall ask questions, or request documents or 20 other evidence, as the umpire deems necessary in the course of 21 an appraisal. 22 10. An umpire may accept either appraiser’s scope, 23 quantity, value, or cost regarding an item in dispute, or 24 develop an independent decision on each item in dispute. 25 11. An umpire shall decide all matters in an appraisal 26 fairly, and shall exercise independent judgment and integrity. 27 12. An umpire shall prepare and distribute a written 28 itemized award pursuant to section 522F.16. 29 13. An umpire shall not visit the claimant’s damaged 30 property without consent from all appraisers. 31 14. An umpire shall not withdraw or abandon an appraisal 32 unless compelled by unforeseen circumstances that would render 33 it impossible or impracticable for the umpire to continue on a 34 claim. 35 -70- SF 619 (5) 91 nls/ko/mb 70/ 91
S.F. 619 15. An umpire shall not attend or participate in settlement 1 discussions unless requested to do so by all parties. 2 16. An umpire shall not permit outside influences to affect 3 an appraisal. 4 17. An umpire shall not delegate the umpire’s duty to decide 5 a claim to any other person. 6 18. Unless reasonable notice and opportunity to participate 7 in a communication is provided to an opposing party and the 8 opposing party’s appraiser, an umpire shall not communicate, 9 directly or indirectly, with any party or appraiser regarding a 10 pending appraisal. 11 19. Unless reasonable notice and opportunity to participate 12 in a communication is provided to all parties, an umpire shall 13 not communicate, directly or indirectly, with any party, a 14 representative of any party, or any other person with a direct 15 or indirect interest in the claim, regarding an issue of fact 16 or law in the appraisal. 17 20. An umpire shall not act as, or have ever acted as, an 18 adjuster or appraiser on the same claim. 19 Sec. 69. NEW SECTION . 522F.14 Appraisal process. 20 1. This section provides for the appraisal process if all 21 of the following apply: 22 a. The claimant’s insurance policy is delivered, issued for 23 delivery, or renewed in this state. 24 b. The property that is the subject of the claimant’s 25 claim is located in this state, or the dispute is subject to 26 jurisdiction in this state. 27 c. A claimant gave proper notice to the claimant’s insurer 28 of a loss claim, and the claimant and insurer dispute the 29 actual cash value of the scope of loss, or the amount of loss 30 the insurer will pay, for the claimant’s claim under the 31 claimant’s policy. The claimant and the insurer must both 32 provide the other party with a scope of loss of a covered 33 peril, including a list stating separately the actual cash 34 value and the amount of claimed loss for each item. 35 -71- SF 619 (5) 91 nls/ko/mb 71/ 91
S.F. 619 d. The claimant or insurer demands in writing an appraisal. 1 2. Within twenty calendar days following either the 2 claimant’s or insurer’s receipt of the other party’s written 3 demand for an appraisal, the claimant and the insurer 4 shall each select an appraiser from the appraiser list. 5 Upon selection, the appraiser shall attest in writing to 6 the selecting party that the appraiser is competent and 7 disinterested with regards to the appraisal in question. 8 3. a. Within fifteen calendar days of the selection of 9 appraisers pursuant to subsection 2, both appraisers shall 10 agree on an umpire from the umpire list. 11 b. A party or an appraiser may object to the agreed-upon 12 umpire for good cause pursuant to section 522F.12 no later 13 than five business days after the umpire has been selected. A 14 replacement umpire from the umpire list shall then be agreed 15 upon by both appraisers. 16 c. If both appraisers fail to agree on an umpire, either the 17 claimant or insurer shall immediately provide written notice 18 to the division, in the form and manner prescribed by the 19 division, and the division shall randomly select an umpire from 20 the umpire list and notify the parties. 21 d. If either appraiser requests that an umpire be selected 22 by a judge in the state in which the property that is the 23 subject of the claim is located, a judge shall give deference 24 to the randomly selected umpire from the umpire list by the 25 division unless either the claimant or the insurer provides 26 good cause for the judge to make an alternative selection from 27 the umpire list. 28 4. Within forty-five calendar days from the date the 29 umpire is selected, both appraisers shall appraise the loss, 30 stating separately the actual cash value and the amount of 31 loss for each item. Each appraiser shall submit separately 32 the appraiser’s actual cash value and amount of loss of each 33 item, along with any supporting information, to the umpire. 34 Each appraiser shall also submit written authorization for the 35 -72- SF 619 (5) 91 nls/ko/mb 72/ 91
S.F. 619 umpire to commence the umpire’s work. 1 5. No later than forty-five calendar days after receipt of 2 the actual cash value and amount of loss under subsection 4, 3 the umpire shall prepare and provide to the parties and each 4 appraiser a written itemized award showing the actual cash 5 value and amount of loss. The written itemized award shall 6 include but is not limited to all of the following: 7 a. Contact information for each appraiser and the umpire. 8 b. The insured’s policy number and the insured’s claim 9 number. 10 c. The date of the insured’s loss. 11 d. The type of covered peril that caused the loss. 12 e. The date the umpire commenced work. 13 f. The legal name of the insurer. 14 g. The physical address of the property on which the insured 15 made a claim. 16 h. The date of the umpire’s written itemized award. 17 i. (1) A description and itemization of the final written 18 itemized award by coverage type, including but not limited to: 19 (a) Coverage A —— dwelling. 20 (b) Coverage B —— other structures. 21 (c) Coverage C —— personal property. 22 (2) The description and itemization by coverage type shall 23 include contested items that have been resolved, sublimits, 24 and other disputed items. Items, including but not limited 25 to items with sublimits, shall be separately noted to avoid 26 ambiguity in the final written itemized award. 27 j. The signature of the umpire and at least one appraiser. 28 6. Prior to the umpire issuing the written itemized award, 29 the parties may agree to conclude the appraisal process when 30 the parties reach a final settlement. 31 Sec. 70. NEW SECTION . 522F.15 Appraisal clause. 32 All property insurance policies delivered, issued for 33 delivery, continued, or renewed in this state on or after 34 January 1, 2026, shall contain an appraisal clause that 35 -73- SF 619 (5) 91 nls/ko/mb 73/ 91
S.F. 619 complies with this chapter. 1 Sec. 71. NEW SECTION . 522F.16 Appraisal award. 2 1. An appraiser and umpire shall act with due diligence in 3 achieving an appraisal award. 4 2. An insurer’s payment of an appraisal award to an insured 5 shall be subject to the limits of coverage, and other terms and 6 conditions of the insured’s policy, including reductions for 7 deductibles and prior payments. The insurer shall provide the 8 insured with an itemized and detailed written explanation of 9 the payment of the settlement, including an explanation of any 10 item that is specifically denied under the terms of the policy. 11 Unless otherwise agreed upon by the parties in writing, an 12 appraisal award shall be binding and paid by the insurer 13 within sixty calendar days of the written itemized award being 14 submitted to the insurer. 15 3. An insurer’s motion to vacate an appraisal award for good 16 cause shall be filed within thirty calendar days from the date 17 the insurer receives the written itemized award in the court 18 of record. 19 Sec. 72. NEW SECTION . 522F.17 Reporting of actions. 20 1. An appraiser or umpire shall report to the commissioner 21 any administrative action taken against the appraiser or umpire 22 in another jurisdiction or by another administrative agency in 23 this state within thirty calendar days of the final disposition 24 of the matter. This report shall include a copy of the order, 25 consent to the order, and other relevant legal documents. 26 2. Within thirty calendar days of the initial pretrial 27 hearing date, an appraiser or umpire shall report to the 28 commissioner any criminal prosecution of the appraiser or 29 umpire taken in any jurisdiction. The report shall include a 30 copy of the initial complaint filed, the order resulting from 31 the hearing, and any other relevant legal documents. 32 3. An appraiser or umpire who willfully fails to comply with 33 this section is subject to penalty under section 522F.20. 34 Sec. 73. NEW SECTION . 522F.18 Records —— appraisers and 35 -74- SF 619 (5) 91 nls/ko/mb 74/ 91
S.F. 619 umpires. 1 1. An appraiser or umpire shall have a continuing duty and 2 obligation to keep, at the appraiser’s or umpire’s place of 3 business, usual and customary records pertaining to appraisals 4 undertaken by the appraiser or umpire. All such records 5 shall be kept available for inspection by the commissioner or 6 the commissioner’s agent during regular business hours. The 7 commissioner or the commissioner’s agent shall not be entitled 8 to inspect any records prepared in anticipation of litigation 9 or that are subject to any privilege recognized in chapter 622. 10 Such records shall be maintained for a minimum of three years 11 following the date of final claim resolution. 12 2. An appraiser or umpire who willfully fails to comply with 13 this section is subject to penalty under section 522F.20. 14 Sec. 74. NEW SECTION . 522F.19 Hearings —— service of 15 process, attendance of witnesses, and production of documents. 16 1. Whenever the commissioner believes that a person has 17 been engaged, or is engaging, in a violation of this chapter 18 or a rule adopted or an order issued under this chapter, and 19 that a proceeding by the commissioner would be in the public 20 interest, the commissioner shall issue and serve upon the 21 person a statement of the charges and a notice of a hearing on 22 the charges to be held at the time and place set in the notice, 23 which shall not be less than ten business days after the date 24 of service of such notice. 25 2. At the time and place of such hearing, the person shall 26 have an opportunity to be heard and to show cause why an order 27 should not be made by the commissioner requiring the person to 28 cease and desist from the violation of the chapter, rule, or 29 order. Upon a showing of good cause, the commissioner shall 30 permit any person, by counsel or in person, to intervene, 31 appear, and be heard at such hearing. 32 3. A hearing under this section shall not be required to 33 observe formal rules of pleading or evidence. 34 4. The commissioner, at a hearing under this section, may 35 -75- SF 619 (5) 91 nls/ko/mb 75/ 91
S.F. 619 administer oaths, examine and cross-examine witnesses, receive 1 oral and documentary evidence, and may subpoena witnesses, 2 compel their attendance, and require the production of books, 3 papers, records, correspondence, or other documents which the 4 commissioner deems relevant. The commissioner may, and upon 5 the request of any party shall, cause to be made a stenographic 6 record of the evidence and proceedings of a hearing under this 7 section. If no stenographic record is made and if a judicial 8 review is sought, the commissioner shall prepare a statement 9 of the evidence and proceeding for use on review. If a person 10 refuses to comply with a subpoena issued under this section, 11 or to testify to a matter for which the person may lawfully be 12 interrogated, the district court of Polk county or the district 13 court of the county where the person resides, on application of 14 the commissioner, may issue an order requiring such person to 15 comply with such subpoena or to testify. Failure of a person 16 to obey such order of the court may be punished by the court as 17 contempt. 18 5. Statements of charges, notices, orders, subpoenas, and 19 other processes of the commissioner under this chapter may be 20 served by anyone authorized by the commissioner, either in the 21 manner provided by law for service of process in civil actions, 22 or by mailing a copy by restricted certified mail to the person 23 affected by the statement, notice, order, subpoena, or other 24 process at the person’s residence or principal office or place 25 of business. The verified return by the person serving the 26 statement, notice, order, subpoena, or other process, setting 27 forth the manner of such service, shall be proof of service, 28 and the return receipt for the statement, notice, order, 29 subpoena, or other process, mailed by restricted certified 30 mail, shall be proof of the service. 31 Sec. 75. NEW SECTION . 522F.20 License denial, nonrenewal, 32 or revocation —— penalties. 33 1. The division may place on probation, suspend, revoke, or 34 refuse to issue or renew an appraiser’s license or an umpire’s 35 -76- SF 619 (5) 91 nls/ko/mb 76/ 91
S.F. 619 license, and may levy a civil penalty against an appraiser or 1 umpire as provided in section 522F.21, for one or more of the 2 following causes: 3 a. The appraiser or umpire provided incorrect, misleading, 4 incomplete, or materially untrue information in a license 5 application. 6 b. The appraiser or umpire violated an insurance law, 7 regulation, subpoena, or order of the commissioner or of a 8 commissioner of another state. 9 c. The appraiser or umpire obtained or attempted to obtain a 10 license through misrepresentation or fraud. 11 d. The appraiser or umpire improperly withheld, 12 misappropriated, or converted money or property received from 13 an insured in the course of doing business. 14 e. The appraiser or umpire was convicted of a felony. 15 f. The appraiser or umpire committed, or was found to have 16 committed, any unfair trade practice or fraud. 17 g. The appraiser or umpire used fraudulent, coercive, 18 or dishonest practices, or demonstrated incompetence, 19 untrustworthiness, or financial irresponsibility in the conduct 20 of business. 21 h. The appraiser or umpire had any professional license, or 22 its equivalent, denied, suspended, or revoked in this state or 23 any other state, province, district, or territory. 24 i. The appraiser or umpire forged another’s name to any 25 document related to an appraisal. 26 j. The appraiser or umpire improperly used notes or any 27 other reference material to complete an examination for an 28 appraisal license or umpire license. 29 k. The appraiser knowingly negotiated as an appraiser with 30 an individual who is not, but is required to be, licensed as an 31 appraiser during an appraisal. 32 l. The umpire knowingly acted as an umpire during the 33 conduct of an appraisal with an individual who is not, but is 34 required to be, licensed as an appraiser during an appraisal. 35 -77- SF 619 (5) 91 nls/ko/mb 77/ 91
S.F. 619 m. The appraiser or umpire failed to comply with an 1 administrative or court order related to repayment of loans to 2 the college student aid commission. 3 n. The appraiser or umpire failed to pay state income tax or 4 comply with any administrative or court order directing payment 5 of state income tax. 6 o. The appraiser or umpire failed to comply with an 7 administrative or court order imposing a child support 8 obligation. 9 p. The appraiser or umpire failed or refused to cooperate 10 in an investigation conducted by the commissioner or the 11 commissioner’s designee. 12 q. The appraiser or umpire used an appraiser license 13 or umpire license for the principal purpose of procuring, 14 receiving, or forwarding appraisals, or placing or affecting 15 such appraisals, directly or indirectly, on or in connection 16 with the property of the licensee or the property of a 17 relative, employer, or employee of the licensee, or upon or in 18 connection with property for which the licensee or a relative, 19 employer, or employee of the licensee is an agent, custodian, 20 vendor, bailee, trustee, or payee. 21 2. If the commissioner does not renew a license or denies an 22 application for a license, the commissioner shall notify the 23 applicant, appraiser, or umpire in writing of the reason for 24 the nonrenewal of the license or denial of the application for 25 a license. The applicant, appraiser, or umpire may request a 26 hearing on the nonrenewal or denial. The applicant, appraiser, 27 or umpire shall have thirty calendar days from the date of 28 receipt of the notice to file a written request for a hearing. 29 A hearing shall be conducted according to section 522F.19. 30 3. The license of an umpire, an appraiser, or an appraiser 31 business entity may be suspended, revoked, placed on probation, 32 or refused if the commissioner finds, after hearing, that an 33 umpire’s, appraiser’s, or appraiser business entity’s violation 34 was known or should have been known by a partner, officer, 35 -78- SF 619 (5) 91 nls/ko/mb 78/ 91
S.F. 619 or manager of the business entity and the violation was not 1 reported to the commissioner and corrective action was not 2 taken. 3 4. In addition to, or in lieu of, denial, probation, 4 suspension, or revocation of a license under this section, an 5 appraiser or umpire, after hearing, may be subject to a civil 6 penalty as provided in section 522F.21. 7 5. The commissioner may enforce this chapter, may conduct 8 an investigation of any suspected violation of this chapter, 9 and may impose any penalty or remedy authorized by this chapter 10 against any person who is under investigation for, or charged 11 with, a violation of this chapter even if the person’s license 12 has been surrendered or has lapsed by operation of law. 13 6. a. All complaint files, investigation files, 14 investigation reports, and other investigative information 15 in the possession of the commissioner or the commissioner’s 16 agents that relates to appraiser or umpire discipline shall 17 be privileged and confidential, and shall not be subject 18 to discovery, subpoena, or other means of legal compulsion 19 for release to a person other than the appraiser or umpire, 20 and shall not be admissible in evidence in a judicial or 21 administrative proceeding other than the proceeding involving 22 the appraiser or umpire discipline. A final written decision 23 of the commissioner in a disciplinary proceeding shall be a 24 public record. 25 b. Investigative information in the possession of the 26 commissioner or the commissioner’s agent that relates to 27 appraiser or umpire discipline may be disclosed at the 28 discretion of the commissioner. The commissioner may 29 share documents, materials, or other information, including 30 confidential and privileged documents, materials, or 31 information under this subsection with other state, federal, 32 and international regulatory agencies, with NAIC and its 33 affiliates or subsidiaries, and with state, federal, and 34 international law enforcement authorities, provided that the 35 -79- SF 619 (5) 91 nls/ko/mb 79/ 91
S.F. 619 recipient agrees to maintain the confidentiality and privileged 1 status of the document, material, or other information. 2 c. If the investigative information in the possession of the 3 commissioner or the commissioner’s agents indicates a crime has 4 been committed, the information shall be reported to the proper 5 law enforcement agency. 6 7. a. Pursuant to section 17A.19, subsection 6, upon an 7 appeal by the appraiser or umpire, the commissioner shall 8 transmit the entire record of the contested case to the 9 reviewing court. 10 b. Notwithstanding section 17A.19, subsection 6, if a 11 waiver of privilege has been involuntary and evidence has been 12 received at a disciplinary hearing, the court shall issue 13 an order to withhold the identity of the individual whose 14 privilege was waived. 15 Sec. 76. NEW SECTION . 522F.21 Civil and criminal penalties. 16 1. a. Upon a determination by the commissioner, after 17 a hearing conducted pursuant to chapter 17A, that a person 18 violated this chapter, the commissioner shall reduce the 19 findings of the hearing to writing and deliver a copy of the 20 findings to the person. 21 b. Upon a determination by the commissioner that a person 22 has engaged, is engaging, or is about to engage in any act or 23 practice constituting a violation of this chapter or a rule 24 adopted or order issued under this chapter, the commissioner 25 may take the following actions: 26 (1) Issue an order requiring the person to cease and desist 27 from engaging in the conduct resulting in the violation. 28 (2) Assess a civil penalty against the person of not more 29 than one thousand dollars for each violation not to exceed an 30 aggregate of ten thousand dollars. 31 (3) If the person knew or reasonably should have known the 32 person was in violation of this chapter, assess a civil penalty 33 of not more than five thousand dollars for each violation 34 of this chapter not to exceed an aggregate penalty of fifty 35 -80- SF 619 (5) 91 nls/ko/mb 80/ 91
S.F. 619 thousand dollars in any one six-month period. 1 (4) (a) Issue a summary order, including a brief statement 2 of findings of fact, conclusions of law, and policy reasons for 3 the decision, and directing the person to cease and desist from 4 engaging in the act or practice or to take affirmative action 5 as is necessary in the judgment of the commissioner to comply 6 with the requirements of this chapter. 7 (b) A person may contest a summary order by filing, 8 within thirty calendar days from the date of the issuance of 9 the summary order, a written request for a contested case 10 proceeding and hearing as provided in chapter 17A and in 11 accordance with rules adopted by the commissioner. Section 12 17A.18A shall be inapplicable to a summary order issued under 13 this subsection. If a hearing is not requested within thirty 14 calendar days from the date of issuance of the summary order, 15 the summary order shall become final by operation of law. A 16 summary order shall remain effective from the date of issuance 17 until the date the order becomes final by operation of law, 18 or is modified or overturned by a presiding officer or court 19 following a request for hearing. 20 (c) A person violating a summary order issued under this 21 subsection shall be deemed in contempt of the summary order. 22 The commissioner may petition the district court to enforce the 23 order as certified by the commissioner. The district court 24 shall find the person in contempt of the order if the court 25 finds, after conducting a hearing, that the person is not 26 in compliance with the order. The court may assess a civil 27 penalty against the person and may issue further orders as the 28 court deems appropriate. 29 c. In addition to any other penalty under this section, 30 if the commissioner finds that a violation of this chapter 31 was directed, encouraged, condoned, ignored, or ratified by 32 the employer of the appraiser or umpire, the commissioner 33 shall assess a penalty to the employer. Penalties under this 34 paragraph may be retained by the commissioner under the fund 35 -81- SF 619 (5) 91 nls/ko/mb 81/ 91
S.F. 619 described in section 505.7, subsection 9. 1 2. a. A person acting as an appraiser or an umpire without 2 proper licensure, or an appraiser or an umpire who willfully 3 violates any provision of this chapter or an order issued 4 under this chapter, is guilty of a class “D” felony. If the 5 violation results in a loss of more than ten thousand dollars, 6 the appraiser or an umpire is guilty of a class “C” felony. 7 b. The commissioner may refer such evidence as is available 8 concerning a violation of this chapter, or of any rule adopted 9 or order issued under this chapter, or of the failure of a 10 person to comply with the licensing requirements of this 11 chapter, to the attorney general or the proper district 12 attorney who may institute the appropriate criminal proceedings 13 under this chapter. 14 c. This chapter shall not limit the power of the state to 15 punish any person for any conduct that constitutes a crime 16 under any other statute. 17 Sec. 77. NEW SECTION . 522F.22 Reinstatement or reissuance 18 of a license after disciplinary matters —— forfeiture in lieu of 19 compliance. 20 1. a. A person licensed under this chapter as an appraiser 21 or umpire whose license has been revoked or suspended by order, 22 or who forfeited a license in connection with a disciplinary 23 matter, may apply to the commissioner for reinstatement 24 or reissuance in accordance with the terms of the order 25 of revocation or suspension, or the order accepting the 26 forfeiture, and submit to a criminal history check under 27 section 522B.5A. 28 b. (1) Proceedings for reinstatement or reissuance 29 shall be initiated by the applicant who shall file with the 30 commissioner an application for reinstatement or reissuance 31 after disciplinary action. 32 (2) An appraiser shall not be eligible for reinstatement or 33 reissuance until the appraiser satisfies the requirements under 34 section 522F.3 and pays any required fees. An appraiser may be 35 -82- SF 619 (5) 91 nls/ko/mb 82/ 91
S.F. 619 required to submit a new or renewal appraiser application under 1 section 522F.5. 2 (3) An umpire shall not be eligible for reinstatement or 3 reissuance until the umpire satisfies the requirements under 4 section 522F.8 and pays any required fees. An umpire may be 5 required to submit a new or renewal umpire application under 6 section 522F.10. 7 c. An application for reinstatement or reissuance shall 8 allege facts which, if established, are sufficient to enable 9 the commissioner to determine that the basis of revocation, 10 suspension, or forfeiture of the applicant’s license no longer 11 exists, and must disclose if the applicant has engaged in 12 any conduct listed as a cause for licensing action that was 13 not included in the order for suspension, revocation, or 14 forfeiture. 15 d. An application for reinstatement or reissuance shall 16 allege facts which, if established, are sufficient to enable 17 the commissioner to determine that it is in the public 18 interest for the application to be granted. The commissioner 19 may determine that it is not in the public interest if the 20 applicant has engaged in any conduct listed as a cause for 21 licensing action that was not included in the order for 22 suspension, revocation, or forfeiture, or if the applicant does 23 not have the character and fitness to be a licensed appraiser 24 or umpire in this state. 25 e. The burden of proof to establish facts identified in 26 paragraphs “c” and “d” shall be on the applicant. 27 f. A person licensed as an appraiser or an umpire may 28 request reinstatement of a suspended license prior to the end 29 of the suspension term. 30 g. Unless otherwise provided by law, if an order of 31 revocation or suspension did not establish terms upon which 32 reinstatement or reissuance may occur, or if the license 33 was forfeited, an initial application for reinstatement or 34 reissuance shall not be made until at least one year from the 35 -83- SF 619 (5) 91 nls/ko/mb 83/ 91
S.F. 619 date of the order of the suspension, revocation, or acceptance 1 of the forfeiture of a license. 2 2. All proceedings upon the application for reinstatement 3 or reissuance, including preliminary and ancillary matters, 4 shall be held in accordance with chapter 17A. The application 5 shall be docketed in the original case in which the original 6 license was suspended, revoked, or forfeited, if the case 7 exists. 8 3. An order of reinstatement or reissuance shall be based 9 on a written decision which incorporates findings of fact 10 and conclusions of law. An order granting an application 11 for reinstatement or reissuance may impose such terms and 12 conditions as the commissioner or the commissioner’s designee 13 deems appropriate, which may include one or more penalties 14 provided under this chapter. The order shall be a public 15 record and may be disseminated in compliance with chapter 22. 16 4. If an appraiser’s or umpire’s ordered suspension period 17 ends prior to the appraiser’s or umpire’s license expiration 18 date and the appraiser or umpire applies for reinstatement 19 prior to the license expiration date and meets all applicable 20 requirements, the division shall reinstate the license as soon 21 as practicable but no earlier than the end of the suspension 22 period if the division, after a complete review, determines the 23 license should be reinstated. 24 5. If an appraiser’s or umpire’s license is suspended beyond 25 the appraiser’s or umpire’s license expiration date, whether 26 due to an ordered suspension time period or failure to apply 27 for reinstatement prior to expiration, the appraiser or umpire 28 must apply for reissuance. 29 6. A submission of voluntary forfeiture of a license 30 shall be made in writing to the commissioner. Forfeiture of 31 a license is effective upon the date of submission unless a 32 contested case proceeding is pending on the date of submission. 33 If a contested case proceeding is pending, the forfeiture shall 34 become effective upon conditions as required by order of the 35 -84- SF 619 (5) 91 nls/ko/mb 84/ 91
S.F. 619 commissioner. A forfeiture made during the pendency of a 1 contested case proceeding shall be considered a disciplinary 2 action and shall be published in the same manner as is 3 applicable to any other form of disciplinary order. 4 7. The commissioner shall not be prohibited from denying 5 an application for reinstatement or reissuance, or bringing 6 an additional immediate action, if an appraiser or umpire 7 has engaged in an additional violation of chapter 507B or 8 this chapter or otherwise failed to meet all applicable 9 requirements. 10 8. This section shall not apply to reinstatement of an 11 expired license or issuance of a new license that is not in 12 connection with a disciplinary matter. 13 Sec. 78. NEW SECTION . 522F.23 Suspension for failure to 14 pay child support or state debt. 15 1. The commissioner shall deny an appraiser’s or umpire’s 16 application for license issuance, renewal, reinstatement, 17 or reissuance; suspend a current license; or revoke a 18 currently suspended license upon receipt of a certificate of 19 noncompliance from the child support recovery unit pursuant to 20 chapter 252J, or upon receipt of a certificate of noncompliance 21 from the centralized collection unit of the department of 22 revenue pursuant to chapter 272D. 23 2. Upon receipt of a certificate of noncompliance 24 under subsection 1, the commissioner shall issue a notice 25 to the appraiser or umpire that the division will, unless 26 the certificate of noncompliance is withdrawn, deny the 27 appraiser’s or umpire’s application for license issuance, 28 renewal, reinstatement, or reissuance, suspend the appraiser’s 29 or umpire’s current license, or revoke the appraiser’s or 30 umpire’s currently suspended license, thirty calendar days 31 after the date the notice is mailed. Notice shall be sent to 32 the appraiser’s or umpire’s last known address by restricted 33 certified mail, return receipt requested, or in accordance with 34 the division’s rules for service. The notice shall contain all 35 -85- SF 619 (5) 91 nls/ko/mb 85/ 91
S.F. 619 of the following: 1 a. A statement that the commissioner intends to deny the 2 appraiser’s or umpire’s application for license issuance, 3 renewal, reinstatement, or reissuance; suspend the appraiser’s 4 or umpire’s current license; or revoke the appraiser’s or 5 umpire’s currently suspended license in thirty calendar days 6 unless the certificate of noncompliance is withdrawn. 7 b. A statement that the appraiser or umpire must contact the 8 agency that issued the certificate of noncompliance to request 9 a withdrawal. 10 c. A statement that the appraiser or umpire does not have a 11 right to a hearing before the division, but that the appraiser 12 or umpire may file an application for a hearing in district 13 court pursuant to section 252J.9 or 272D.9, as applicable, and 14 that the filing of an application by the appraiser or umpire 15 will stay the proceedings of the division. 16 d. A copy of the certificate of noncompliance. 17 3. An appraiser or umpire shall keep the commissioner 18 informed of all actions taken by the district court or 19 the issuing agency in connection with a certificate of 20 noncompliance. An appraiser or umpire shall provide to 21 the commissioner, within seven calendar days of filing or 22 issuance, a copy of all applications filed with the district 23 court pursuant to an application or hearing, all court orders 24 entered in such action, and all withdrawals of a certificate 25 of noncompliance. 26 4. If an applicant, appraiser, or umpire timely files an 27 application for hearing in district court and the division 28 is notified of the filing, the commissioner’s denial, 29 suspension, or revocation proceedings shall be stayed until 30 the division is notified by the district court, the issuing 31 agency, the licensee, or the applicant of the resolution of 32 the application. Upon receipt of a court order lifting the 33 stay or otherwise directing the commissioner to proceed, the 34 commissioner shall continue with the intended action described 35 -86- SF 619 (5) 91 nls/ko/mb 86/ 91
S.F. 619 in the notice. 1 5. If the commissioner does not receive a withdrawal of 2 the certificate of noncompliance from the issuing agency, 3 or a notice from a clerk of court, the issuing agency, the 4 appraiser, the umpire, or the applicant that an application for 5 hearing has been filed within thirty calendar days after the 6 notice is issued, the commissioner shall deny the applicant’s, 7 appraiser’s, or umpire’s application for license issuance, 8 renewal, reinstatement, or reissuance; suspend a current 9 license; or revoke a currently suspended license. 10 6. Upon receipt of a withdrawal of a certificate of 11 noncompliance from the issuing agency, suspension or revocation 12 proceedings shall halt and the named appraiser or umpire 13 shall be notified that the proceedings have halted. If the 14 appraiser’s or umpire’s license has already been suspended, the 15 appraiser or umpire must apply for reinstatement in accordance 16 with section 522F.22, and the license shall be reinstated 17 if the appraiser or umpire is otherwise in compliance with 18 this chapter. If the appraiser’s or umpire’s application for 19 licensure was stayed, application processing shall resume. 20 All fees required for license renewal, reinstatement, or 21 reissuance must be paid by an appraiser or umpire, and all 22 continuing education requirements shall be satisfied, before 23 the appraiser’s or umpire’s license is renewed or reinstated 24 after a license suspension or revocation under this chapter. 25 7. The commissioner shall notify an appraiser or umpire 26 in writing through regular first class mail, or such other 27 means as the commissioner deems appropriate under the 28 circumstances, within ten calendar days of the effective date 29 of the suspension or revocation of the appraiser’s or umpire’s 30 license, and shall also notify the appraiser or umpire when the 31 appraiser’s or umpire’s license is reinstated following the 32 commissioner’s receipt of a withdrawal of the certificate of 33 noncompliance. 34 8. Notwithstanding any provision of law to the contrary, the 35 -87- SF 619 (5) 91 nls/ko/mb 87/ 91
S.F. 619 division may share information with the child support recovery 1 unit or the centralized collection unit of the department of 2 revenue for the sole purpose of identifying appraisers or 3 umpires subject to enforcement under chapter 252J or 272D. 4 Sec. 79. NEW SECTION . 522F.24 Severability. 5 If any provision of this chapter or the application thereof 6 to any person or circumstance is held invalid, the invalidity 7 does not affect other provisions or applications of this 8 chapter which can be given effect without the invalid provision 9 or application, and to this end the provisions of this chapter 10 are severable. 11 Sec. 80. CODE EDITOR DIRECTIVE. The Code editor shall 12 divide chapter 522F into subchapters and shall designate 13 sections 522F.1 through 522F.2, as enacted in this division 14 of this Act, as subchapter I entitled “General Provisions”, 15 sections 522F.3 through 522F.7, as enacted in this division 16 of this Act, as subchapter II entitled “Appraisers”, sections 17 522F.8 through 522F.13, as enacted in this division of this 18 Act, as subchapter III entitled “Umpires”, sections 522F.14 19 through 522F.16, as enacted in this division of this Act, as 20 subchapter IV entitled “Appraisals”, sections 522F.17 through 21 522F.18, as enacted in this division of this Act, as subchapter 22 V entitled “Duties of Licensees”, and sections 522F.19 through 23 522F.23, as enacted in this division of this Act, as subchapter 24 VI entitled “Hearings and Penalties”. 25 DIVISION VII 26 IOWA ECONOMIC EMERGENCY FUND —— PROCLAMATION OF DISASTER 27 EMERGENCY 28 Sec. 81. Section 8.55, subsection 3, paragraph a, Code 2025, 29 is amended to read as follows: 30 a. Except as provided in paragraphs “b” , “c” , and “d” , 31 and “f” , the moneys in the Iowa economic emergency fund shall 32 only be used pursuant to an appropriation made by the general 33 assembly. An appropriation shall only be made for the fiscal 34 year in which the appropriation is made. The moneys shall 35 -88- SF 619 (5) 91 nls/ko/mb 88/ 91
S.F. 619 only be appropriated by the general assembly for emergency 1 expenditures. 2 Sec. 82. Section 8.55, subsection 3, Code 2025, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . f. (1) It is the intent of the general 5 assembly for this paragraph to enable the executive branch to 6 react to disasters impacting this state, including the ability 7 to protect citizens, safeguard property, ensure safety, and 8 provide for economic stability during disaster emergencies. 9 (2) For the fiscal year beginning July 1, 2025, and each 10 fiscal year thereafter, there is appropriated from the Iowa 11 economic emergency fund to the department of management ten 12 percent of the maximum balance of the Iowa economic emergency 13 fund as calculated for the immediately preceding fiscal 14 year, to be used for disaster response, disaster recovery 15 activities, or disaster aid to citizens. For purposes of this 16 subparagraph, “disaster response, disaster recovery activities, 17 or disaster aid to citizens” includes any of the following: 18 (a) Disaster aid provided to businesses engaged in disaster 19 recovery as described in chapter 15, subchapter II, part 13, 20 and housing businesses engaged in disaster recovery housing 21 projects as defined in section 15.354, subsection 6. 22 (b) Disaster recovery housing assistance provided under 23 chapter 16, subchapter VII, part 6. 24 (c) Support for programs under chapter 29C, including 25 support for the director of the department of homeland security 26 and emergency management in executing the director’s powers and 27 duties under section 29C.8. 28 (d) Support for any other program through which disaster 29 response, recovery activities, or aid is effected, provided the 30 program is not inconsistent with the intent set forth in this 31 paragraph. 32 (3) The department of management’s disbursements of 33 moneys appropriated to the department under this paragraph are 34 contingent upon all of the following: 35 -89- SF 619 (5) 91 nls/ko/mb 89/ 91
S.F. 619 (a) The issuance of a proclamation of disaster emergency by 1 the governor under section 29C.6, which proclamation covers the 2 disaster for which the moneys will be used. 3 (b) The disbursement occurs at the direction of the 4 governor, with the approval of the executive council, pursuant 5 to section 29C.6, subsection 18. 6 (4) Subject to the approval of the governor, the 7 department of management may provide for an interdepartmental 8 transfer of moneys appropriated in this paragraph to another 9 department or establishment for the purposes specified in 10 this paragraph, subject to the notification and reporting 11 requirements set forth in section 8.39, subsections 4 and 5, 12 but notwithstanding the other limitations and requirements of 13 section 8.39. Disbursements by the department of management 14 under this paragraph to another department or establishment 15 shall not be counted in calculating the aggregate amount of 16 intradepartmental and interdepartmental transfers under section 17 8.39, subsection 3. 18 (5) Moneys appropriated in this paragraph shall not 19 supplant other appropriated moneys. 20 (6) (a) Notwithstanding section 8.33, moneys disbursed by 21 the department of management under this paragraph to another 22 department or establishment shall not revert but shall remain 23 available for expenditure for the purposes designated until the 24 close of the succeeding fiscal year, at which time the moneys 25 shall revert to the Iowa economic emergency fund. 26 (b) Moneys not disbursed as described in subparagraph 27 division (a) shall revert to the Iowa economic emergency fund 28 at the close of the fiscal year for which the moneys were 29 appropriated, as required under section 8.33. 30 Sec. 83. Section 29C.6, Code 2025, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 18. Direct the disbursement of moneys by 33 the department of management under section 8.55, subsection 3, 34 paragraph “f” , with the approval of the executive council. 35 -90- SF 619 (5) 91 nls/ko/mb 90/ 91
S.F. 619 DIVISION VIII 1 IOWA ECONOMIC EMERGENCY FUND —— APPROPRIATIONS 2 Sec. 84. NUISANCE PROPERTY REMEDIATION ASSISTANCE FUND —— 3 FY 2024-2025. There is appropriated from the Iowa economic 4 emergency fund created in section 8.55 to the economic 5 development authority for the fiscal year beginning July 1, 6 2024, and ending June 30, 2025, the following amount, or so 7 much thereof as is necessary, to be used for the purposes 8 designated: 9 For deposit in the nuisance property remediation assistance 10 fund established in section 15.338: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 12 Notwithstanding section 8.33, moneys appropriated in this 13 section that remain unencumbered or unobligated at the close of 14 the fiscal year shall not revert but shall remain available for 15 expenditure for the purposes designated until the close of the 16 succeeding fiscal year. 17 Sec. 85. DISASTER RECOVERY HOUSING ASSISTANCE FUND —— 18 FY 2024-2025. There is appropriated from the Iowa economic 19 emergency fund created in section 8.55 to the Iowa finance 20 authority for the fiscal year beginning July 1, 2024, and 21 ending June 30, 2025, the following amount, or so much thereof 22 as is necessary, to be used for the purposes designated: 23 For deposit in the disaster recovery housing assistance fund 24 created in section 16.57B: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,600,000 26 Notwithstanding section 8.33, moneys appropriated in this 27 section that remain unencumbered or unobligated at the close of 28 the fiscal year shall not revert but shall remain available for 29 expenditure for the purposes designated until the close of the 30 succeeding fiscal year. 31 Sec. 86. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 -91- SF 619 (5) 91 nls/ko/mb 91/ 91