Arkansas 2023 Regular Session

Arkansas Senate Bill SB354 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 628 of the Regular Session
3	2		MLD262 03-27-2023 10:34:15 MLD262
4	3
5	4		State of Arkansas As Engrossed: S3/7/23 H3/27/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 354 3
8	7		4
9	8		By: Senators K. Hammer, J. English 5
10	9		By: Representative Cavenaugh 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO CREATE THE STATE BOARD OF APPRA ISERS, 9
14	13		ABSTRACTERS, AND HOM E INSPECTORS; TO TRA NSFER THE 10
15	14		DUTIES OF THE ARKANS AS ABSTRACTERS' BOAR D, THE 11
16	15		ARKANSAS HOME INSPEC TOR REGISTRATION BOA RD, AND THE 12
17	16		ARKANSAS APPRAISER L ICENSING AND CERTIFI CATION BOARD 13
18	17		TO THE STATE BOARD OF APPRA ISERS, ABSTRACTERS, AND 14
19	18		HOME INSPECTORS; TO ABOLISH THE ARKANSAS ABSTRACTERS' 15
20	19		BOARD, THE ARKANSAS HOME INSPECTOR REGIS TRATION 16
21	20		BOARD, AND THE ARKAN SAS APPRAISER LICENS ING AND 17
22	21		CERTIFICATION BOARD; TO DECLARE AN EMERGE NCY; AND FOR 18
23	22		OTHER PURPOSES. 19
24	23		20
25	24		21
26	25		Subtitle 22
27	26		TO TRANSFER THE DUTIES OF CERTAIN BOARDS 23
28	27		TO THE STATE BOARD OF APPRAISERS, 24
29	28		ABSTRACTERS, AND HOME INSPECTORS; AND TO 25
30	29		DECLARE AN EMERGENCY. 26
31	30		27
32	31		28
33	32		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 29
34	33		30
35	34		SECTION 1. DO NOT CODIFY. Abolition of Arkansas Abstracters' Board. 31
36	35		(a) The Arkansas Abstracters' Board is abolished, and its authority, 32
37	36		duties, functions, records, contracts, personnel, property, and unexpended 33
38	37		balances of appropriations, allocations, and other funds, including the 34
39	38		functions of budgeting or purchasing are transferred to the State Board of 35
40	39		Appraisers, Abstracters, and Home Inspectors . 36 As Engrossed: S3/7/23 H3/27/23 SB354
41	40
42	41		2 03-27-2023 10:34:15 MLD262
43	42
44	43
45	44		(b) The Arkansas Abstracters' Board's statutory powers, duties, and 1
46	45		functions, including the function s of budgeting or purchasing, records, 2
47	46		contracts, personnel, property, and unexpended balances of appropriations, 3
48	47		allocations, and other funds are transferred to the State Board of 4
49	48		Appraisers, Abstracters, and Home Inspectors . 5
50	49		(c)(1) The abolishment of t he Arkansas Abstracters' Board does not 6
51	50		affect the orders, rules, directives, registration, licensing, or standards 7
52	51		made or promulgated by the Arkansas Abstracters' Board before the effective 8
53	52		date of this act. 9
54	53		(2) The orders, rules, directives, registra tion, licensing, or 10
55	54		standards of the Arkansas Abstracters' Board shall continue to be in effect 11
56	55		until they are amended or repealed under authority given by law. 12
57	56		13
58	57		SECTION 2. DO NOT CODIFY. Abolition of Arkansas Home Inspector 14
59	58		Registration Board. 15
60	59		(a) The Arkansas Home Inspector Registration Board is abolished, and 16
61	60		its authority, duties, functions, records, contracts, personnel, property, 17
62	61		and unexpended balances of appropriations, allocations, and other funds, 18
63	62		including the functions of budgeting or purch asing are transferred to the 19
64	63		State Board of Appraisers, Abstracters, and Home Inspectors . 20
65	64		(b) The Arkansas Home Inspector Registration Board's statutory powers, 21
66	65		duties, and functions, including the functions of budgeting or purchasing, 22
67	66		records, contracts, personnel, property, and unexpended balances of 23
68	67		appropriations, allocations, and other funds are transferred to the State 24
69	68		Board of Appraisers, Abstracters, and Home Inspectors . 25
70	69		(c)(1) The abolishment of the Arkansas Home Inspector Registration 26
71	70		Board does not affect the orders, rules, directives, registration, licensing, 27
72	71		or standards made or promulgated by the Arkansas Home Inspector Registration 28
73	72		Board before the effective date of this act. 29
74	73		(2) The orders, rules, directives, registration, licensing, o r 30
75	74		standards of the Arkansas Home Inspector Registration Board shall continue to 31
76	75		be in effect until they are amended or repealed under authority given by law. 32
77	76		33
78	77		SECTION 3. DO NOT CODIFY. Abolition of Arkansas Appraiser Licensing 34
79	78		and Certification Board. 35
80	79		(a) The Arkansas Appraiser Licensing and Certification Board is 36 As Engrossed: S3/7/23 H3/27/23 SB354
81	80
82	81		3 03-27-2023 10:34:15 MLD262
83	82
84	83
85	84		abolished, and its authority, duties, functions, records, contracts, 1
86	85		personnel, property, and unexpended balances of appropriations, allocations, 2
87	86		and other funds, including the functions of b udgeting or purchasing are 3
88	87		transferred to the State Board of Appraisers, Abstracters, and Home 4
89	88		Inspectors. 5
90	89		(b) The Arkansas Appraiser Licensing and Certification Board's 6
91	90		statutory powers, duties, and functions, including the functions of budgeting 7
92	91		or purchasing, records, contracts, personnel, property, and unexpended 8
93	92		balances of appropriations, allocations, and other funds are transferred to 9
94	93		the State Board of Appraisers, Abstracters, and Home Inspectors . 10
95	94		(c)(1) The abolishment of the Arkansas Appraiser Licensing and 11
96	95		Certification Board does not affect the orders, rules, directives, 12
97	96		registration, licensing, or standards made or promulgated by the Arkansas 13
98	97		Appraiser Licensing and Certification Board before the effective date of this 14
99	98		act. 15
100	99		(2) The orders, rules, directives, registration, licensing, or 16
101	100		standards of the Arkansas Appraiser Licensing and Certification Board shall 17
102	101		continue to be in effect until they are amended or repealed under authority 18
103	102		given by law. 19
104	103		20
105	104		SECTION 4. Arkansas Code § 14 -15-205(b)(3), concerning professional 21
106	105		development recognition payments for county assessors, is amended to read as 22
107	106		follows: 23
108	107		(3) To the extent moneys are available, county assessors, full -24
109	108		time employees of county assessors' offices, and state employees who activ ely 25
110	109		work with ad valorem taxes designated as certified residential appraisers by 26
111	110		the Arkansas Appraiser Licensing and Certification Board State Board of 27
112	111		Appraisers, Abstracters, and Home Inspectors or as certified professional 28
113	112		designees by the International Association of Assessing Officers shall 29
114	113		annually receive a professional development recognition payment in an amount 30
115	114		not to exceed one thousand dollars ($1,000). 31
116	115		32
117	116		SECTION 5. Arkansas Code § 17-11-302(a), concerning certificate of 33
118	117		registrations, and application to the Arkansas Abstracters' Board, is amended 34
119	118		to read as follows: 35
120	119		(a) Any person desiring to become a registered abstracter under this 36 As Engrossed: S3/7/23 H3/27/23 SB354
121	120
122	121		4 03-27-2023 10:34:15 MLD262
123	122
124	123
125	124		chapter shall make application to the Arkansas Abstracters' Board State Board 1
126	125		of Appraisers, Abstracters, and Home Inspectors for registration. 2
127	126		3
128	127		SECTION 6. Arkansas Code § 17 -11-303 is amended to read as follows: 4
129	128		17-11-303. Certificate of registration — Examination. 5
130	129		The examination required under t his chapter shall be in the form of 6
131	130		written interrogatories as may be prescribed by the Arkansas Abstracters' 7
132	131		Board State Board of Appraisers, Abstracters, and Home Inspectors to 8
133	132		determine the proficiency of the applicant. 9
134	133		10
135	134		SECTION 7. Arkansas Code § 17 -11-304(a), concerning certificate of 11
136	135		registration, issuance, or reapplication under the Arkansas Abstracters' 12
137	136		Board, is amended to read as follows: 13
138	137		(a) If the applicant satisfactorily passes the examinations, the 14
139	138		applicant shall be certified as a registe red abstracter, and the certificate 15
140	139		provided for shall be issued to him or her. The privileges granted by the 16
141	140		certificate shall continue unless revoked, as provided in this chapter, or 17
142	141		unless the certificate is otherwise surrendered to the Arkansas Abstracters' 18
143	142		Board State Board of Appraisers, Abstracters, and Home Inspectors . 19
144	143		20
145	144		SECTION 8. Arkansas Code § 17 -11-305(a), concerning temporary 21
146	145		certificates of registration for abstracters, is amended to read as follows: 22
147	146		(a) The Arkansas Abstracters' Board State Board of Appraisers, 23
148	147		Abstracters, and Home Inspectors upon application to it the board by any 24
149	148		person succeeding to the ownership of any abstract plant or business by any 25
150	149		means other than by purchase, or any person who by reason of the incapacity 26
151	150		of any registered abstracter owner of any abstract plant or business is 27
152	151		required to assume the operation of the abstract plant or business, may grant 28
153	152		to the person without examination a temporary certificate of registration. 29
154	153		30
155	154		SECTION 9. Arkansas Code § 17 -11-320 is amended to read as follows: 31
156	155		17-11-320. Certificate of authority required. 32
157	156		No person, firm, or corporation shall engage in the business of 33
158	157		abstracting in this state until a certificate of authority has been issued to 34
159	158		the person, firm, or corporation by the Arkansas Abstracters' Board State 35
160	159		Board of Appraisers, Abstracters, and Home Inspectors . 36 As Engrossed: S3/7/23 H3/27/23 SB354
161	160
162	161		5 03-27-2023 10:34:15 MLD262
163	162
164	163
165	164		1
166	165		SECTION 10. Arkansas Code § 17 -11-321(a), concerning the application 2
167	166		and issuance of certificates of authority for abstracters, is amended to read 3
168	167		as follows: 4
169	168		(a) Any person, firm, or corporation desiring to engage in the 5
170	169		business of abstracting in this state shall make application to the Arkansas 6
171	170		Abstracters' Board State Board of Appraisers, Abstracters, and Home 7
172	171		Inspectors for a certificate of authority. 8
173	172		9
174	173		SECTION 11. Arkansas Code § 17 -11-322(b), concerning the expiration 10
175	174		and renewal of certificates of authority for abstracters, is amended to read 11
176	175		as follows: 12
177	176		(b) Current and subsisting certificates of authority shall be 13
178	177		renewed as provided for in this section for a one-year period upon payment of 14
179	178		a renewal fee in the sum to be set by the Arkansas Abstracters' Board State 15
180	179		Board of Appraisers, Abstracters, and Home Inspectors . 16
181	180		17
182	181		SECTION 12. Arkansas Code § 17 -11-324(a)(1)(A), concerning the bond, 18
183	182		insurance, or personal surety for abstracters, is amended to read as follows: 19
184	183		(a)(1)(A) Before the certificate of authority is issued, the applicant 20
185	184		shall file with the Arkansas Abstracters' Board State Board of Appraisers, 21
186	185		Abstracters, and Home Inspecto rs a bond approved by the board conditioned 22
187	186		upon the payment by the applicant of any and all damages that may be 23
188	187		sustained by or may accrue to any person, firm, or corporation for whom the 24
189	188		applicant may compile, make, or furnish abstracts of title by reaso n of or on 25
190	189		account of any error, deficiency, or mistake in any abstract or certificate, 26
191	190		or any continuation, made or issued by the abstracter over its authorized 27
192	191		signature and seal. 28
193	192		29
194	193		SECTION 13. Arkansas Code § 17 -11-340(a), concerning the revocation of 30
195	194		certificates for abstracters, is amended to read as follows: 31
196	195		(a) The Arkansas Abstracters' Board State Board of Appraisers, 32
197	196		Abstracters, and Home Inspectors is authorized, after a hearing as provided 33
198	197		in § 17-11-341, to cancel and revoke any certificate o f registration issued 34
199	198		to any person under the provisions of this chapter: 35
200	199		(1) For a violation of any of the provisions of this chapter; 36 As Engrossed: S3/7/23 H3/27/23 SB354
201	200
202	201		6 03-27-2023 10:34:15 MLD262
203	202
204	203
205	204		(2) Upon a conviction of the holder of such a certificate of a 1
206	205		crime under § 17-3-102; or 2
207	206		(3) If the board finds the holder to be guilty of habitual 3
208	207		carelessness or of fraudulent practices in the conduct of the business of 4
209	208		abstracting. 5
210	209		6
211	210		SECTION 14. Arkansas Code § 17 -11-341(a)(1), concerning the revocation 7
212	211		of certificates, procedures and appeals for abstracte rs, is amended to read 8
213	212		as follows: 9
214	213		(a)(1) Upon a verified complaint's being filed with the Arkansas 10
215	214		Abstracters' Board State Board of Appraisers, Abstracters, and Home 11
216	215		Inspectors or upon the board's own motion filing a complaint charging the 12
217	216		holder of a certificate of registration with a violation of any of the 13
218	217		provisions of this chapter, or conviction of a crime under § 17 -3-102, or 14
219	218		habitual carelessness or fraudulent practices in the conduct of the business 15
220	219		of abstracting, or charging the holder of a ce rtificate of authority with 16
221	220		failure to furnish the bond or bonds, or other securities, required by § 17 -17
222	221		11-324, or with failing to have employed a registered abstracter as provided 18
223	222		in § 17-11-301, or with a violation of any of the provisions of this chapte r, 19
224	223		the board shall immediately notify in writing by registered mail, with return 20
225	224		receipt, the holder of the certificate of the filing of the complaint and 21
226	225		furnish the holder with a copy of the complaint. 22
227	226		23
228	227		SECTION 15. Arkansas Code § 17 -11-342 is amended to read as follows: 24
229	228		17-11-342. Seal. 25
230	229		Any licensee under this chapter shall provide a seal, which shall have 26
231	230		stamped on the license the name of the licensee, and shall deposit with the 27
232	231		Arkansas Abstracters' Board State Board of Appraisers, Abstracters, an d Home 28
233	232		Inspectors an impression of the seal and the names of all persons authorized 29
234	233		to sign certificates to abstracts on behalf of the licensee. 30
235	234		31
236	235		SECTION 16. Arkansas Code § 17 -11-401 is repealed. 32
237	236		17-11-401. Creation — Members. 33
238	237		(a) The Arkansas Abstracters' Board is created. 34
239	238		(b)(1) The board shall consist of five (5) members appointed by the 35
240	239		Governor, subject to confirmation by the Senate, for a term of six (6) years. 36 As Engrossed: S3/7/23 H3/27/23 SB354
241	240
242	241		7 03-27-2023 10:34:15 MLD262
243	242
244	243
245	244		(2) Two (2) members shall: 1
246	245		(A) Be actively involved in the making of abstracts of 2
247	246		real estate titles in this state for a period of at least five (5) years 3
248	247		before appointment; and 4
249	248		(B) Serve an initial term of six (6) years. 5
250	249		(3) Two (2) members shall: 6
251	250		(A) Be citizens of this state; and 7
252	251		(B) Serve an initial term of four (4) years. 8
253	252		(4) One (1) member shall: 9
254	253		(A) Be knowledgeable of the abstract business; and 10
255	254		(B) Serve an initial term of two (2) years. 11
256	255		(c) A vacancy on the board caused by death, resignation, or otherwise 12
257	256		shall be filled by appointment o f the Governor, subject to confirmation by 13
258	257		the Senate. 14
259	258		(d)(1) A member may be appointed to successive terms. 15
260	259		(2) No two (2) members shall be appointed from the same county. 16
261	260		(e)(1) Each member shall serve without compensation. 17
262	261		(2) However, a membe r may be entitled to receive travel and 18
263	262		expense reimbursement in accordance with § 25 -16-901 et seq. 19
264	263		20
265	264		SECTION 17. Arkansas Code § 17 -11-402 is repealed. 21
266	265		17-11-402. Organization and proceedings. 22
267	266		(a) The Arkansas Abstracters' Board shall elect a chair and a 23
268	267		secretary-treasurer. 24
269	268		(b) The chair and secretary -treasurer of the board shall have the 25
270	269		power to administer oaths. 26
271	270		(c) The board shall have a seal and shall have the power to compel the 27
272	271		attendance of witnesses. 28
273	272		29
274	273		SECTION 18. Arkansas Code § 17-11-403 is amended to read as follows: 30
275	274		(a)(1) The Arkansas Abstracters' Board State Board of Appraisers, 31
276	275		Abstracters, and Home Inspectors shall keep a register and shall record the 32
277	276		following information in the register: 33
278	277		(A) The name and the place of business of each applicant 34
279	278		for registration and certification; 35
280	279		(B) A notation of the action taken by the board on each 36 As Engrossed: S3/7/23 H3/27/23 SB354
281	280
282	281		8 03-27-2023 10:34:15 MLD262
283	282
284	283
285	284		application for registration and each application for certification; 1
286	285		(C) The date upon which each certificate o f registration 2
287	286		and each certificate of authority are issued; and 3
288	287		(D) Such other information as the board deems appropriate. 4
289	288		(2) The board shall maintain such other records, registers, and 5
290	289		files as may be necessary for the proper administration of it s duties under 6
291	290		this subchapter chapter. 7
292	291		(b) The board may adopt rules for the proper administration of its 8
293	292		powers and duties and the carrying out of the purposes of this subchapter 9
294	293		chapter. 10
295	294		11
296	295		SECTION 19. Arkansas Code § 17 -14-103(8), concerning the defi nitions 12
297	296		in the Arkansas Appraiser Licensing and Certification Act, is repealed. 13
298	297		(8) “Board” means the Arkansas Appraiser Licensing and 14
299	298		Certification Board established under the Arkansas Appraiser Licensing and 15
300	299		Certification Act, § 17 -14-101 et seq., § 17-14-201 et seq., and § 17 -14-301 16
301	300		et seq.; 17
302	301		18
303	302		SECTION 20. Arkansas Code § 17 -14-103(26), concerning the definitions 19
304	303		in the Arkansas Appraiser Licensing and Certification Act, is amended to read 20
305	304		as follows: 21
306	305		(26) “State-registered appraiser” means any per son who has 22
307	306		satisfied the requirements for a state -registered appraiser credential as set 23
308	307		forth in § 17-14-307 or requirements as may have been determined by the 24
309	308		Arkansas Appraiser Licensing and Certification Board State Board of 25
310	309		Appraisers, Abstracters, a nd Home Inspectors and who may perform appraisals 26
311	310		on any type of property except when the purpose of the appraisal is for use 27
312	311		in federally related transactions; 28
313	312		29
314	313		SECTION 21. Arkansas Code § 17 -14-104(c)(1), concerning, exceptions to 30
315	314		registration, licensi ng, or certification under the Arkansas Appraiser 31
316	315		Licensing and Certification Act, is amended to read as follows: 32
317	316		(c)(1) Except as provided in subsection (b) of this section, 33
318	317		appraisers, when providing appraisal reports or appraisal services in 34
319	318		nonfederally related transactions, who become licensed or certified by the 35
320	319		Arkansas Appraiser Licensing and Certification Board State Board of 36 As Engrossed: S3/7/23 H3/27/23 SB354
321	320
322	321		9 03-27-2023 10:34:15 MLD262
323	322
324	323
325	324		Appraisers, Abstracters, and Home Inspectors are subject to the Arkansas 1
326	325		Appraiser Licensing and Certification Act, § 17 -14-101 et seq., § 17-14-201 2
327	326		et seq., and § 17-14-301 et seq., in all matters involving appraisal 3
328	327		services, including transactions below the federally established threshold. 4
329	328		5
330	329		SECTION 22. Arkansas Code § 17 -14-105(c), concerning the rights and 6
331	330		privileges of appraisers, is amended to read as follows: 7
332	331		(c) An appraiser shall not perform or be employed to perform an 8
333	332		appraisal where the property that is subject to the assignment lies within 9
334	333		the borders of the State of Arkansas without first being state -registered, 10
335	334		state-licensed, registered apprentice, or state -certified by the Arkansas 11
336	335		Appraiser Licensing and Certification Board State Board of Appraisers, 12
337	336		Abstracters, and Home Inspectors . 13
338	337		14
339	338		SECTION 23. Arkansas Code § 17 -14-106(a), concerning the absence of 15
340	339		liability under the Arkansas Appraiser Licensing and Certification Act , is 16
341	340		amended to read as follows: 17
342	341		(a) Financial institutions or affiliates hiring the services of 18
343	342		appraisers registered, licensed, or certified by the Arkansas Appraiser 19
344	343		Licensing and Certification Board State Board of Appraisers, Abstracters, and 20
345	344		Home Inspectors in nonfederally related transactions, including transactions 21
346	345		below the federally established threshold, shall not be liable to any party 22
347	346		asserting damages due to the alleged actions of the appraiser, nor shall the 23
348	347		financial institution or affiliate be sub ject to any requirements to report 24
349	348		to the board regarding such transactions other than as may be required by the 25
350	349		Arkansas Appraiser Licensing and Certification Act, § 17 -14-101 et seq., § 26
351	350		17-14-201 et seq., and § 17 -14-301 et seq., and the rules promulgate d by the 27
352	351		board. 28
353	352		29
354	353		SECTION 24. Arkansas Code § 17 -14-201 is amended to read as follows: 30
355	354		17-14-201. Composition — Membership — Chair. 31
356	355		(a) There is created the Arkansas Appraiser Licensing and 32
357	356		Certification Board State Board of Appraisers, Abstracters, an d Home 33
358	357		Inspectors, to be composed of ten (10) eleven (11) members as follows: 34
359	358		(1) Seven (7) Five (5) practicing certified or licensed 35
360	359		appraisers as follows: 36 As Engrossed: S3/7/23 H3/27/23 SB354
361	360
362	361		10 03-27-2023 10:34:15 MLD262
363	362
364	363
365	364		(A) At least five (5) four (4) of the appraiser members of 1
366	365		the board shall be state -certified appraisers; 2
367	366		(B) No more than two (2) appraiser members shall reside in 3
368	367		the same congressional district of the four (4) Arkansas congressional 4
369	368		districts; and 5
370	369		(C) The seven (7) five (5) practicing appraiser members 6
371	370		shall be representative of the va rious disciplines found in the appraisal 7
372	371		profession, including without limitation residential appraisal, commercial 8
373	372		and industrial appraisal, forestry and timberland appraisal, rural appraisal, 9
374	373		and any other appraisal discipline that may be affected by the Arkansas 10
375	374		Appraiser Licensing and Certification Act, § 17 -14-101 et seq., § 17-14-201 11
376	375		et seq., and § 17-14-301 et seq.; 12
377	376		(2) One (1) board member shall be a representative of financial 13
378	377		institutions familiar with the appraisal process; 14
379	378		(3) One (1) senior citizen and consumer representative; and 15
380	379		(4) One (1) consumer representative Three (3) registered home 16
381	380		inspectors; and 17
382	381		(5) One (1) person who is actively involved in the making of 18
383	382		abstracts of real estate titles in the state or is knowledgeable ab out the 19
384	383		abstract business for a minimum of (5) years before appointment . 20
385	384		(b)(1) The Governor shall appoint the members of the board subject to 21
386	385		confirmation by the Senate and may remove a member for cause. 22
387	386		(2) At least five (5) four (4) real estate appraiser members 23
388	387		appointed to the board shall be members in good standing of: 24
389	388		(A) A state or regional chapter of a nationally recognized 25
390	389		real estate appraisal organization that requires an individual to have 26
391	390		qualified appraisal experience , education, and testing in order to become a 27
392	391		designated member and to adhere to standards of professional practice in 28
393	392		order to retain such a designation; or 29
394	393		(B) The Association of Consulting Foresters of America, 30
395	394		Inc., Arkansas Chapter. 31
396	395		(c)(1)(A) The term of each appraiser board member shall be three (3) 32
397	396		years. 33
398	397		(B) The financial member representative, the senior 34
399	398		citizen representative, and the consumer representative shall have three -year 35
400	399		terms. 36 As Engrossed: S3/7/23 H3/27/23 SB354
401	400
402	401		11 03-27-2023 10:34:15 MLD262
403	402
404	403
405	404		(2) Upon expiration of their terms, members of t he board shall 1
406	405		continue to hold office until the appointment and qualification of their 2
407	406		successors. 3
408	407		(3) No person shall serve as a member of the board for more than 4
409	408		two (2) consecutive terms. 5
410	409		(d) The members of the board will select a state-certified appraiser 6
411	410		chair. 7
412	411		(e) Each member of the board may receive expense reimbursement and 8
413	412		stipends in accordance with § 25 -16-901 et seq. 9
414	413		10
415	414		SECTION 25. Arkansas Code § 17 -14-202 is amended to read as follows: 11
416	415		17-14-202. Powers and duties — Reporting standards — Qualification 12
417	416		standards. 13
418	417		(a) The Arkansas Appraiser Licensing and Certification Board State 14
419	418		Board of Appraisers, Abstracters, and Home Inspectors may establish, 15
420	419		maintain, report, and periodically update meaningful qualification standards 16
421	420		for state-licensed, registered apprentice, and state -certified appraisers 17
422	421		practicing in the State of Arkansas, including testing, experience, and 18
423	422		educational requirements that: 19
424	423		(1) Are adequate to demonstrate knowledge and competency; and 20
425	424		(2) Will further demons trate the continued compliance with: 21
426	425		(A) All applicable federal law and regulations, including 22
427	426		Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act 23
428	427		of 1989, and related requirements of the federal financial institutions 24
429	428		regulatory agencies; and 25
430	429		(B) The minimum standards and qualifications as 26
431	430		promulgated by the Appraisal Standards Board and the Appraiser Qualifications 27
432	431		Board of the Appraisal Foundation. 28
433	432		(b) The Arkansas Appraiser Licensing and Certification Board State 29
434	433		Board of Appraisers, Abstracters, and Home Inspectors may adopt, maintain, 30
435	434		report, and periodically update minimum reporting standards for state -31
436	435		registered, state-licensed, registered apprentice, and state -certified 32
437	436		appraisers practicing in the State of Arkansas. The reporting standards 33
438	437		shall: 34
439	438		(1) Be equivalent to the Uniform Standards of Professional 35
440	439		Appraisal Practice as promulgated by the Appraisal Standards Board of the 36 As Engrossed: S3/7/23 H3/27/23 SB354
441	440
442	441		12 03-27-2023 10:34:15 MLD262
443	442
444	443
445	444		Appraisal Foundation; and 1
446	445		(2) At all times seek compliance with: 2
447	446		(A) All applicable federal law and regulations, including 3
448	447		Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act 4
449	448		of 1989, and related requirements of the federal financial institutions 5
450	449		regulatory agencies; and 6
451	450		(B) The minimum standards as promulgated by the Appraisal 7
452	451		Standards Board of the Appraisal Foundation. 8
453	452		9
454	453		SECTION 26. Arkansas Code § 17 -14-203 is amended to read as follows: 10
455	454		17-14-203. Powers and duties — In general. 11
456	455		In accordance with these general powers and duties, the Arkansas 12
457	456		Appraiser Licensing and Certification Board State Board of Appraisers, 13
458	457		Abstracters, and Home Inspectors shall: 14
459	458		(1) Perform all duties and functions necessary to carry out this 15
460	459		chapter; 16
461	460		(2)(A) Receive applications for registering, licensing, and 17
462	461		certification. 18
463	462		(B) The application shall include the applicant's consent 19
464	463		to a state criminal background check and a national fingerprint -based 20
465	464		criminal background check performed by the Federal Bureau of Investigation in 21
466	465		compliance with federal law and r egulations; 22
467	466		(3) Establish administrative procedures for processing 23
468	467		applications; 24
469	468		(4)(A)(i) Approve and issue registration, licenses, and 25
470	469		certificates to qualified applicants or disapprove applications for 26
471	470		registering, licensing, and certification for applicants who do not meet the 27
472	471		minimum requirements as prescribed in this chapter. 28
473	472		(ii) The minimum requirements shall include a 29
474	473		determination that the applicant possesses a background that does not call 30
475	474		into question public trust or the applicant's fitness for registration, 31
476	475		licensure, or certification. 32
477	476		(B) All application materials and records submitted to the 33
478	477		Arkansas Appraiser Licensing and Certification Board State Board of 34
479	478		Appraisers, Abstracters, and Home Inspectors shall be retained by the 35
480	479		Arkansas Appraiser Licensing and Certification Board State Board of 36 As Engrossed: S3/7/23 H3/27/23 SB354
481	480
482	481		13 03-27-2023 10:34:15 MLD262
483	482
484	483
485	484		Appraisers, Abstracters, and Home Inspectors ; 1
486	485		(5)(A) Maintain a roster of the names, addresses, email 2
487	486		addresses, and telephone numbers of all persons licensed and certified under 3
488	487		the Arkansas Appraiser Licensing and Certification Act, § 17 -14-101 et seq., 4
489	488		§ 17-14-201 et seq., and § 17 -14-301 et seq., and, in accordance with 5
490	489		sections 1103(a)(3) and 1109(a)(1) of Title XI of the Financial Institutions 6
491	490		Reform, Recovery, and Enforcement Act of 1989, shall submit this roster 7
492	491		monthly to the Appraisal Subcommittee. 8
493	492		(B) This roster may be published and periodically updated 9
494	493		and provided to all interested parties at cost; 10
495	494		(6)(A) Establish by rule the minimum examination, education, 11
496	495		experience, and continuing education requirements for state -registered, 12
497	496		state-licensed, registered apprentice, and state -certified appraisers. 13
498	497		(B)(i) The criteria for a state -registered appraiser shall 14
499	498		be less rigorous than the criteria for a state -licensed appraiser. 15
500	499		(ii) The criteria for a state -licensed appraiser 16
501	500		shall be less rigorous than the criteria for a state -certified appraiser. 17
502	501		However, the criteria will ensure that licensed appraisers have sufficient 18
503	502		experience and training to perform appraisals for transactions within and in 19
504	503		compliance with Title XI of the Financial Institutions Reform, Recovery, and 20
505	504		Enforcement Act of 1989. 21
506	505		(C) These rules shall at all times be equivalent to the 22
507	506		minimum appraiser-qualification criteria as promulgated by the Appraiser 23
508	507		Qualifications Board of the Appraisal Foundation for state -licensed, 24
509	508		registered apprentice, and state -certified appraisers performing federally 25
510	509		related transactions. 26
511	510		(D) With respect to examinations, these rules shall at all 27
512	511		times require minimum examination contents that are equivalent to the 28
513	512		national uniform examination content as promulgated by the Appraiser 29
514	513		Qualifications Board of the Appraisal Foundation and shall provide for the 30
515	514		selection and utilization of a testing service acceptable to the Appraiser 31
516	515		Qualifications Board of the Appraisal Foundation. 32
517	516		(E)(i) Every application for registering, licensing, and 33
518	517		certifying shall be accompanied by an application fee and a criminal 34
519	518		background check fee that the Arkansas Appraiser Licensing and Certification 35
520	519		Board State Board of Appraisers, Abstracters, and Home Inspectors may 36 As Engrossed: S3/7/23 H3/27/23 SB354
521	520
522	521		14 03-27-2023 10:34:15 MLD262
523	522
524	523
525	524		establish by rule. 1
526	525		(ii) However, the Arkansas Appraiser Licensing and 2
527	526		Certification Board State Board of Appraisers, Abstracters, and Home 3
528	527		Inspectors, at its discretion, may direct each applicant to pay the actual 4
529	528		cost of the examination fee directly to a testing service engaged by the 5
530	529		Arkansas Appraiser Licensing and Certification Board State Board of 6
531	530		Appraisers, Abstracters, and Home Inspectors to administer the examination. 7
532	531		(F)(i) The application fee to upgrade a credential from 8
533	532		registered apprentice to state -licensed or to state -certified shall not 9
534	533		exceed one hundred dollars ($100). 10
535	534		(ii) The application fee to upgrade a credential 11
536	535		from state-licensed to state-certified shall not exceed fifty dollars 12
537	536		($50.00). 13
538	537		(G) The total annual resident registering, licensing, 14
539	538		certification, and application fees established by the Arkansas Appraiser 15
540	539		Licensing and Certification Board State Board of Appraisers, Abstracters, and 16
541	540		Home Inspectors shall not exceed three hundred dollars ($300), excluding fees 17
542	541		for: 18
543	542		(i) Applicable examination and federal pass -through 19
544	543		fees; and 20
545	544		(ii) Criminal background check fees. 21
546	545		(H) Courses, schools, seminars, and any oth er educational 22
547	546		programs must be recognized by the Arkansas Appraiser Licensing and 23
548	547		Certification Board State Board of Appraisers, Abstracters, and Home 24
549	548		Inspectors as acceptable to satisfy registration, licensing, and 25
550	549		certification standards and continuing education requirements under the 26
551	550		Arkansas Appraiser Licensing and Certification Act, § 17 -14-101 et seq., § 27
552	551		17-14-201 et seq., and § 17 -14-301 et seq.; 28
553	552		(7)(A) Establish administrative procedures for disciplinary 29
554	553		proceedings conducted under the Arkansas Appraiser Licensing and 30
555	554		Certification Act, § 17 -14-101 et seq., § 17-14-201 et seq., and § 17 -14-301 31
556	555		et seq. 32
557	556		(B) The administrative procedures shall include provisions 33
558	557		for the suspension and revocation of registration, licenses, and certificates 34
559	558		and the enforcement of civil penalties concurrent with existing statutes 35
560	559		regarding civil procedures; 36 As Engrossed: S3/7/23 H3/27/23 SB354
561	560
562	561		15 03-27-2023 10:34:15 MLD262
563	562
564	563
565	564		(8) Subpoena and issue subpoena duces tecum and to bring before 1
566	565		it the State Board of Appraisers, Abstracters, and Home Inspectors any person 2
567	566		in this state, and to take testimony by deposition, in the same manner as 3
568	567		prescribed by law in judicial proceedings in the courts of this state or to 4
569	568		require production of any records relevant to any inquiry or hearing by the 5
570	569		Arkansas Appraiser Licensing and Certification Board State Board of 6
571	570		Appraisers, Abstracters, and Home Inspectors ; 7
572	571		(9) Recommend procedures necessary to assure the ready 8
573	572		availability to appraisers in the state of adequate and reliable information 9
574	573		regarding property prices and the terms and condition s of real estate and 10
575	574		real property transactions and related financing; 11
576	575		(10) Establish administrative procedures for the setting, 12
577	576		charging, and collecting of fees necessary for the operation of the Arkansas 13
578	577		Appraiser Licensing and Certification Board State Board of Appraisers, 14
579	578		Abstracters, and Home Inspectors and to concurrently collect and submit to 15
580	579		the proper agency as prescribed under Section 1109(a)(4) of the Financial 16
581	580		Institutions Reform, Recovery, and Enforcement Act of 1989 and any other 17
582	581		related federal law, any additional fees that may from time to time be 18
583	582		required to be paid by appraisers whose practices include the appraisal of 19
584	583		properties included in federally related transactions; 20
585	584		(11) Be authorized to adopt and enforce such administrative 21
586	585		rules as may be necessary to comply with state law and federal law with 22
587	586		specific reference to Title XI of the Financial Institutions Reform, 23
588	587		Recovery, and Enforcement Act of 1989 as it exists today and as it may be 24
589	588		amended and adopted by the Appraisal Subcom mittee; and 25
590	589		(12)(A)(i) Obtain a state criminal background check performed by 26
591	590		the Identification Bureau of the Division of Arkansas State Police and a 27
592	591		national fingerprint -based criminal background check performed by the Federal 28
593	592		Bureau of Investigation i n compliance with federal law and regulations for 29
594	593		all applicants for a real property appraiser registration, license, or 30
595	594		certification to determine if the applicant possesses a background that does 31
596	595		not call into question public trust or the applicant's fit ness for 32
597	596		registration, licensure, or certification. 33
598	597		(ii) Subdivision (12)(A)(i) of this section applies 34
599	598		to an application for a state -registered appraiser credential, an application 35
600	599		for a registered apprentice appraiser credential, an application to u pgrade 36 As Engrossed: S3/7/23 H3/27/23 SB354
601	600
602	601		16 03-27-2023 10:34:15 MLD262
603	602
604	603
605	604		an existing appraiser credential, an application to reinstate an appraiser 1
606	605		credential that has been inactive for more than twelve (12) months, and an 2
607	606		application for a new reciprocal appraiser credential. 3
608	607		(iii) Subdivision (12)(A)(i) of this se ction does 4
609	608		not apply to an application for a temporary practice permit. 5
610	609		(B) An applicant shall provide all information requested 6
611	610		by the Arkansas Appraiser Licensing and Certification Board State Board of 7
612	611		Appraisers, Abstracters, and Home Inspectors to assist making the 8
613	612		determination. 9
614	613		(C) Factors to consider in making the determination 10
615	614		include without limitation whether the applicant: 11
616	615		(i) During the five (5) years immediately preceding 12
617	616		the date of the application was convicted of, or pled guilty or nolo 13
618	617		contendere to, a crime that would call into question the applicant's fitness 14
619	618		for registration, licensure, or certification, including without limitation a 15
620	619		crime involving: 16
621	620		(a)(1) An act substantially related to the 17
622	621		qualifications, functions, or duties of an appraiser. 18
623	622		(2) A crime or act may be deemed 19
624	623		substantially related to the qualifications, functions, or duties of an 20
625	624		appraiser if, to a substantial degree, the crime or act evidences present or 21
626	625		potential unfitness of a person applyin g for or holding a real property 22
627	626		appraiser credential to perform the functions authorized by the credential; 23
628	627		(b) Taking, appropriating, or retaining the 24
629	628		funds or property of another; 25
630	629		(c) Forging, counterfeiting, or altering an 26
631	630		instrument affecting the rights or obligations of another; 27
632	631		(d) Evasion of a lawful debt or obligation, 28
633	632		including without limitation a tax obligation; 29
634	633		(e) Trafficking in narcotics or controlled 30
635	634		substances; 31
636	635		(f) Violation of a relation of trust or 32
637	636		confidence; 33
638	637		(g) Theft of personal property or funds; 34
639	638		(h) An act of violence or threatened violence 35
640	639		against persons or property; or 36 As Engrossed: S3/7/23 H3/27/23 SB354
641	640
642	641		17 03-27-2023 10:34:15 MLD262
643	642
644	643
645	644		(i) A sexually related crime or act under § 5 -1
646	645		14-101 et seq.; 2
647	646		(ii) Has had an appraiser registration, license, 3
648	647		certification, or credential of any type revoked in any governmental 4
649	648		jurisdiction; 5
650	649		(iii) Performed any act which if done by an 6
651	650		appraiser would be grounds to revoke or suspend the appraiser's license or 7
652	651		certification; 8
653	652		(iv) Knowingly made a false statement of material 9
654	653		fact required to be disclosed in an application for any professional license 10
655	654		or certification; 11
656	655		(v) Has been prohibited from participating in the 12
657	656		affairs of an insured depository institution under Section 19(a) of the 13
658	657		Federal Deposit Insurance Act, 12 U.S.C. § 1829; 14
659	658		(vi) Misrepresented facts or information on the 15
660	659		appraiser registration, license, or certification application; or 16
661	660		(vii) Cheated on an examination for a real property 17
662	661		appraiser registration, license, or cer tification. 18
663	662		19
664	663		SECTION 27. Arkansas Code § 17 -14-204(a), concerning meetings, quorum, 20
665	664		and voting by the Arkansas Appraiser Licensing and Certification Board, is 21
666	665		amended to read as follows: 22
667	666		(a) The Arkansas Appraiser Licensing and Certification Board State 23
668	667		Board of Appraisers, Abstracters, and Home Inspectors shall meet not less 24
669	668		frequently than twice each calendar year to conduct its business. 25
670	669		26
671	670		SECTION 28. Arkansas Code § 17 -14-204(e), concerning quorum 27
672	671		requirements, is amended to read as follows: 28
673	672		(e)(1) A quorum of the board shall be six (6) five (5) members, 29
674	673		provided that four (4) must be state -licensed or state-certified appraisers . 30
675	674		(2) No binding decisions or regulatory changes may be made by 31
676	675		the board in the absence of a quorum. 32
677	676		33
678	677		SECTION 29. Arkansas Code § 17-14-205(a), concerning the hearings, 34
679	678		review, and access to records under the Arkansas Appraiser Licensing and 35
680	679		Certification Act, is amended to read as follows: 36 As Engrossed: S3/7/23 H3/27/23 SB354
681	680
682	681		18 03-27-2023 10:34:15 MLD262
683	682
684	683
685	684		(a) In fulfilling its duties under the Arkansas Appraiser Licensing 1
686	685		and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17 -14-2
687	686		301 et seq., the Arkansas Appraiser Licensing and Certification Board State 3
688	687		Board of Appraisers, Abstracters, and Home Inspectors shall comply with the 4
689	688		Arkansas Administrative Procedure A ct, § 25-15-201 et seq., and any person 5
690	689		aggrieved by any rule or other actions of the board for which an appeal is 6
691	690		not provided for in the Arkansas Administrative Procedure Act, § 25 -15-201 et 7
692	691		seq., may appeal to the Pulaski County Circuit Court. 8
693	692		9
694	693		SECTION 30. Arkansas Code § 17 -14-206(a), concerning complaints and 10
695	694		disciplinary procedures under the Arkansas Appraiser Licensing and 11
696	695		Certification Act, is amended to read as follows: 12
697	696		(a) Upon its own motion or upon written complaint of any person and 13
698	697		after notice and hearing as prescribed by the Arkansas Administrative 14
699	698		Procedure Act, § 25-15-201 et seq., the Arkansas Appraiser Licensing and 15
700	699		Certification Board State Board of Appraisers, Abstracters, and Home 16
701	700		Inspectors may suspend or revoke the registration, license, or certification 17
702	701		of any registrant, licensee, or certificate holder and issue a fine up to the 18
703	702		amount of one thousand dollars ($1,000) per violation occurrence or take any 19
704	703		other appropriate disciplinary action for: 20
705	704		(1) Violation of any provisio n of the Arkansas Appraiser 21
706	705		Licensing and Certification Act, § 17 -14-101 et seq., § 17-14-201 et seq., 22
707	706		and § 17-14-301 et seq.; 23
708	707		(2) Falsifying any application for licensure or certification or 24
709	708		otherwise providing any false information to the board; 25
710	709		(3) [Repealed.] 26
711	710		(4) Any actions demonstrating untrustworthiness, incompetence, 27
712	711		dishonesty, gross negligence, material misrepresentation, fraud, or unethical 28
713	712		conduct in any dealings subject to the Arkansas Appraiser Licensing and 29
714	713		Certification Act, § 17 -14-101 et seq., § 17-14-201 et seq., and § 17 -14-301 30
715	714		et seq.; 31
716	715		(5) Adjudication of insanity; 32
717	716		(6) Use of advertising or solicitation that is false, 33
718	717		misleading, or is otherwise deemed unprofessional by the board; 34
719	718		(7) Employing directly or indirectly a ny unlicensed person to 35
720	719		perform any actions subject to the Arkansas Appraiser Licensing and 36 As Engrossed: S3/7/23 H3/27/23 SB354
721	720
722	721		19 03-27-2023 10:34:15 MLD262
723	722
724	723
725	724		Certification Act, § 17 -14-101 et seq., § 17-14-201 et seq., and § 17 -14-301 1
726	725		et seq.; 2
727	726		(8) Habitual or excessive use of intoxicants or illegal drugs; 3
728	727		or 4
729	728		(9) Failure to meet continuing education requirements within the 5
730	729		proper time period. 6
731	730		7
732	731		SECTION 31. Arkansas Code § 17 -14-305(a)(1), concerning compliance 8
733	732		with uniform standards and code of ethics, seals, and licensing and 9
734	733		certification documents under the Arkansas Appraiser Licensing and 10
735	734		Certification Act, is amended to read as follows: 11
736	735		(a)(1) Each state-registered appraiser, each state -licensed appraiser, 12
737	736		each registered apprentice appraiser, and each state -certified appraiser 13
738	737		shall comply with the Uniform St andards of Professional Appraisal Practice 14
739	738		and Code of Ethics code of ethics adopted by the Arkansas Appraiser Licensing 15
740	739		and Certification Board State Board of Appraisers, Abstracters, and Home 16
741	740		Inspectors and shall authenticate all written appraisal reports with a seal 17
742	741		that shall indicate the registration, license, or certification number. 18
743	742		19
744	743		SECTION 32. Arkansas Code § 17 -14-306(b)(1), concerning additional 20
745	744		licenses and nonresidents under the Arkansas Appraiser Licensing and 21
746	745		Certification Act, is amended to read as follows: 22
747	746		(b)(1) If, in the determination by the Arkansas Appraiser Licensing 23
748	747		and Certification Board State Board of Appraisers, Abstracters, and Home 24
749	748		Inspectors, another state is deemed to have substantially equivalent 25
750	749		licensing and certification requirements, an applicant who is licensed or 26
751	750		certified under the laws of the other state may obtain a nonresident license 27
752	751		or certificate as a state -licensed appraiser or a state -certified appraiser 28
753	752		in this state upon such terms and conditions as may be determined by the 29
754	753		board. 30
755	754		31
756	755		SECTION 33. Arkansas Code § 17-14-307(1), concerning minimum 32
757	756		qualifying requirements for registered appraisers, is amended to read as 33
758	757		follows: 34
759	758		(1) Make application to th e Arkansas Appraiser Licensing and 35
760	759		Certification Board State Board of Appraisers, Abstracters, and Home 36 As Engrossed: S3/7/23 H3/27/23 SB354
761	760
762	761		20 03-27-2023 10:34:15 MLD262
763	762
764	763
765	764		Inspectors on approved forms which shall include an affidavit that states 1
766	765		that the appraiser has read and understands: 2
767	766		(A) The current edition of th e Uniform Standards of 3
768	767		Professional Appraisal Practice; 4
769	768		(B) The board's statutes; and 5
770	769		(C) The board's rules; 6
771	770		7
772	771		SECTION 34. Arkansas Code § 17 -14-308(a)(2)(B)(ii)(b), concerning a 8
773	772		violation of law, civil penalties, injunctions, and venue under the Arkansas 9
774	773		Appraiser Licensing and Certification Act, is amended to read as follows: 10
775	774		(b) Withholding payment for an appraisal based 11
776	775		upon a bona fide dispute concerning the appraiser's compliance with the 12
777	776		appraisal standards adopted by the Arkansas Appraiser Licensing and 13
778	777		Certification Board State Board of Appraisers, Abstracters, and Home 14
779	778		Inspectors under this chapter. 15
780	779		16
781	780		SECTION 35. Arkansas Code § 17 -14-402(9), concerning the definition of 17
782	781		“board” under the Arkansas Appraiser Licensing and Certificati on Act, is 18
783	782		repealed. 19
784	783		(9) “Board” means the Arkansas Appraiser Licensing and 20
785	784		Certification Board established under the Arkansas Appraiser Licensing and 21
786	785		Certification Act, § 17 -14-101 et seq., § 17-14-201 et seq., and § 17 -14-301 22
787	786		et seq.; 23
788	787		24
789	788		SECTION 36. Arkansas Code § 17-14-403 is amended to read as follows: 25
790	789		17-14-403. Registration of appraisal management companies required. 26
791	790		A person shall not act as an appraisal management company or perform 27
792	791		appraisal management services in this state unless registered by the Arkansas 28
793	792		Appraiser Licensing and Certification Board State Board of Appraisers, 29
794	793		Abstracters, and Home Inspectors . 30
795	794		31
796	795		SECTION 37. Arkansas Code § 17 -14-404 is amended to read as follows: 32
797	796		17-14-404. Rulemaking authority. 33
798	797		The Arkansas Appraiser Licensing and Certification Board State Board of 34
799	798		Appraisers, Abstracters, and Home Inspectors may adopt rules to implement, 35
800	799		administer, and enforce this subchapter, including without limitation to 36 As Engrossed: S3/7/23 H3/27/23 SB354
801	800
802	801		21 03-27-2023 10:34:15 MLD262
803	802
804	803
805	804		prescribe: 1
806	805		(1) Forms and procedures for submitting infor mation to the 2
807	806		board; 3
808	807		(2) Standards of practice for a person registered under this 4
809	808		subchapter; and 5
810	809		(3) Standards for the operation of appraisal management 6
811	810		companies. 7
812	811		8
813	812		SECTION 38. Arkansas Code § 17 -14-405(a)(1), concerning the 9
814	813		requirements for regis tration for an appraisal management company, is amended 10
815	814		to read as follows: 11
816	815		(a)(1) Before acting or offering to act as an appraisal management 12
817	816		company in this state, a person shall make written application on the forms 13
818	817		provided on the official website of the Arkansas Appraiser Licensing and 14
819	818		Certification Board State Board of Appraisers, Abstracters, and Home 15
820	819		Inspectors to the board for registration accompanied by the fee and bond 16
821	820		established by the board. 17
822	821		18
823	822		SECTION 39. Arkansas Code § 17 -14-406(a)(1), concerning the fees and 19
824	823		renewals for registration of appraisal management companies, is amended to 20
825	824		read as follows: 21
826	825		(a)(1) The Arkansas Appraiser Licensing and Certification Board State 22
827	826		Board of Appraisers, Abstracters, and Home Inspectors shall establish by rule 23
828	827		an application fee for an initial application or an application for renewal 24
829	828		not to exceed one thousand five hundred dollars ($1,500) to be paid by each 25
830	829		appraisal management company seeking registration under this subchapter. 26
831	830		27
832	831		SECTION 40. Arkansas Code § 17-14-407(a)(2), concerning registrant 28
833	832		responsibilities and duties, is amended to read as follows: 29
834	833		(2) Provide to the Arkansas Appraiser Licensing and 30
835	834		Certification Board State Board of Appraisers, Abstracters, and Home 31
836	835		Inspectors the information required by § 4-20-105(a) concerning the 32
837	836		organization's agent for service of process and within five (5) business days 33
838	837		any changes to the information. 34
839	838		35
840	839		SECTION 41. Arkansas Code § 17 -14-408(b)(5), concerning prohibited 36 As Engrossed: S3/7/23 H3/27/23 SB354
841	840
842	841		22 03-27-2023 10:34:15 MLD262
843	842
844	843
845	844		activities for appraisal manage ment companies, is amended to read as follows: 1
846	845		(5) Enter into contracts or agreements with an independent 2
847	846		appraiser for the performance of appraisal services unless the independent 3
848	847		appraiser is licensed or certified in good standing with the Arkansas 4
849	848		Appraiser Licensing and Certification Board State Board of Appraisers, 5
850	849		Abstracters, and Home Inspectors ; 6
851	850		7
852	851		SECTION 42. Arkansas Code § 17 -14-409(a)(1), concerning the registry 8
853	852		of applicants and roster for appraisal management companies, is amended to 9
854	853		read as follows: 10
855	854		(a)(1) The Executive Director of the Arkansas Appraiser Licensing and 11
856	855		Certification Board State Board of Appraisers, Abstracters, and Home 12
857	856		Inspectors shall keep a register of all applicants for registration. 13
858	857		14
859	858		SECTION 43. Arkansas Code § 17 -14-409(b)(1), concerning the registry 15
860	859		of applicants and roster for appraisal management companies, is amended to 16
861	860		read as follows: 17
862	861		(b)(1) The executive director shall keep a current roster showing the 18
863	862		names and addresses of all appraisal management compani es registered with the 19
864	863		Arkansas Appraiser Licensing and Certification Board State Board of 20
865	864		Appraisers, Abstracters, and Home Inspectors . 21
866	865		22
867	866		SECTION 44. Arkansas Code § 17 -14-410(a), concerning disciplinary 23
868	867		authority, enforcement, and hearings for appraisal management companies, is 24
869	868		amended to read as follows: 25
870	869		(a) The Arkansas Appraiser Licensing and Certification Board State 26
871	870		Board of Appraisers, Abstracters, and Home Inspectors may deny, suspend, 27
872	871		revoke, or refuse to issue or renew the registration of an a ppraisal 28
873	872		management company under this subchapter or may restrict or limit the 29
874	873		activities of an appraisal management company or a person who owns an 30
875	874		interest in or participates in the business of an appraisal management 31
876	875		company if the board finds that any of the following circumstances apply to 32
877	876		the applicant, a registrant, or a partner, member, manager, officer, 33
878	877		director, managing principal, controlling person, or a person occupying a 34
879	878		similar status or performing similar functions, or a person directly or 35
880	879		indirectly controlling the applicant or registrant: 36 As Engrossed: S3/7/23 H3/27/23 SB354
881	880
882	881		23 03-27-2023 10:34:15 MLD262
883	882
884	883
885	884		(1) The person's application for registration when filed or 1
886	885		after filing contained a statement that in light of the circumstances under 2
887	886		which it was made is false or misleading with respect to a material fact; 3
888	887		(2) The person has violated or failed to comply with this 4
889	888		subchapter; 5
890	889		(3) The person has pleaded guilty or nolo contendere to or been 6
891	890		found guilty of: 7
892	891		(A) A felony listed under § 17 -3-102; or 8
893	892		(B) Within the past ten (10) years: 9
894	893		(i) A misdemeanor involving mortgage lending or real 10
895	894		estate appraising; or 11
896	895		(ii) An offense involving breach of trust or 12
897	896		fraudulent or dishonest dealing; 13
898	897		(4) The person is permanently or temporarily enjoined by a court 14
899	898		of competent jurisdictio n from engaging in or continuing any conduct or 15
900	899		practice involving appraisal management services or operating an appraisal 16
901	900		management company; 17
902	901		(5) The person is the subject of an order of the board or any 18
903	902		other state appraisal management company regulat ory agency denying, 19
904	903		suspending, or revoking the person's privilege to operate as an appraisal 20
905	904		management company; 21
906	905		(6) The person acted as an appraisal management company while 22
907	906		not properly registered by the board; or 23
908	907		(7) The person failed to pay the proper filing or renewal fee 24
909	908		under this subchapter. 25
910	909		26
911	910		SECTION 45. Arkansas Code § 17 -14-411(a), concerning injunctive relief 27
912	911		and criminal penalties, is amended to read as follows: 28
913	912		(a) The Arkansas Appraiser Licensing and Certification Board State 29
914	913		Board of Appraisers, Abstracters, and Home Inspectors may appear in its own 30
915	914		name in a circuit court of competent jurisdiction to obtain injunctive relief 31
916	915		to prevent a person from violating this subchapter. 32
917	916		33
918	917		SECTION 46. Arkansas Code § 17 -14-413(b), concerning the compensation 34
919	918		of appraisers, is amended to read as follows: 35
920	919		(b) An appraiser who is aggrieved under this section may file a 36 As Engrossed: S3/7/23 H3/27/23 SB354
921	920
922	921		24 03-27-2023 10:34:15 MLD262
923	922
924	923
925	924		complaint with the Arkansas Appraiser Licensing and Certification Board State 1
926	925		Board of Appraisers, Abstracters, and Home Inspec tors against the appraisal 2
927	926		management company. 3
928	927		4
929	928		SECTION 47. Arkansas Code § 17 -14-414 is amended to read as follows: 5
930	929		17-14-414. Appraisal review. 6
931	930		Any employee of an appraisal management company or an independent 7
932	931		contractor of the appraisal management c ompany who performs a Uniform 8
933	932		Standards of Professional Appraisal Practice Standard 3 appraisal review of 9
934	933		an appraisal report on a property located in this state shall be an appraiser 10
935	934		with the proper level of appraiser credential issued by the Arkansas 11
936	935		Appraiser Licensing and Certification Board State Board of Appraisers, 12
937	936		Abstracters, and Home Inspectors . 13
938	937		14
939	938		SECTION 48. Arkansas Code § 17 -52-302(b), concerning the purpose and 15
940	939		intent of licensing home inspectors, is amended to read as follows: 16
941	940		(b) The purpose of the Arkansas Home Inspector Registration Board 17
942	941		State Board of Appraisers, Abstracters, and Home Inspectors created under 18
943	942		this subchapter shall be to: 19
944	943		(1) Administer and enforce the provisions of this subchapter; 20
945	944		(2) Promote a business atmosph ere that will protect consumers of 21
946	945		home inspection services; 22
947	946		(3) Oversee an ongoing program to develop high -level skills in 23
948	947		home inspectors; and 24
949	948		(4) Encourage the presence of a viable home inspection industry 25
950	949		in Arkansas. 26
951	950		27
952	951		SECTION 49. Arkansas Code § 17-52-304 is repealed. 28
953	952		17-52-304. Arkansas Home Inspector Registration Board — Creation — 29
954	953		Members. 30
955	954		(a) There is created the Arkansas Home Inspector Registration Board . 31
956	955		(b) The board shall consist of seven (7) members, to be appointed by 32
957	956		the Governor as follows: 33
958	957		(1) Four (4) members shall be registered home inspectors; 34
959	958		(2) One (1) member shall be a licensed real estate professional; 35
960	959		(3) One (1) member shall be a licensed real estate appraiser; 36 As Engrossed: S3/7/23 H3/27/23 SB354
961	960
962	961		25 03-27-2023 10:34:15 MLD262
963	962
964	963
965	964		and 1
966	965		(4) One (1) member shall be an at -large member who shall serve 2
967	966		as a consumer advocate. 3
968	967		(c)(1) The initial members appointed under subsection (b) of this 4
969	968		section shall determine their terms of office by drawing lots to result in 5
970	969		two (2) home inspector members and two (2) noninspector memb ers serving two-6
971	970		year terms and two (2) home inspector members and one (1) noninspector member 7
972	971		serving one-year terms. 8
973	972		(2) Successor appointed members shall serve two -year terms. 9
974	973		(d) Any vacancy that occurs on the board shall be filled by the 10
975	974		Governor for the remainder of the unexpired term. 11
976	975		(e) Board members shall serve not more than three (3) consecutive 12
977	976		terms of office. 13
978	977		(f) The consumer advocate member of the board shall call the first 14
979	978		meeting and shall serve as chair of the first meeting. 15
980	979		(g) If funds are available, members of the board may receive expense 16
981	980		reimbursement according to § 25 -16-902. 17
982	981		18
983	982		SECTION 50. Arkansas Code § 17 -52-305 is repealed. 19
984	983		17-52-305. Meetings. 20
985	984		(a) The Arkansas Home Inspector Registration Board shall physically 21
986	985		meet not fewer than two (2) times each calendar year to conduct the business 22
987	986		of the board. 23
988	987		(b) The board may conduct any additional meetings in person, by 24
989	988		telephone conference call, or by other electronic means. 25
990	989		(c) Dates, times, and places of meetings shal l be decided by a 26
991	990		majority vote of the board members. 27
992	991		(d)(1) At the first meeting, a chair and all other officers needed to 28
993	992		conduct the business of the board shall be elected. 29
994	993		(2) Except for the election of the initial board officers, all 30
995	994		officers shall be elected in May of each year and shall serve for twelve -31
996	995		month terms. 32
997	996		(e) Written notice shall be given to each member of the board of the 33
998	997		time and place of each meeting at least ten (10) calendar days before the 34
999	998		scheduled date of the meeting. 35
1000	999		(f) The minutes of all meetings shall be recorded by an administrative 36 As Engrossed: S3/7/23 H3/27/23 SB354
1001	1000
1002	1001		26 03-27-2023 10:34:15 MLD262
1003	1002
1004	1003
1005	1004		secretary and made a permanent part of the records of the board no later than 1
1006	1005		seven (7) calendar days after the respective meeting. 2
1007	1006		(g) A majority of the members of the board shall con stitute a quorum 3
1008	1007		for transacting any business of the board. 4
1009	1008		5
1010	1009		SECTION 51. Arkansas Code § 17 -52-306 is amended to read as follows: 6
1011	1010		17-52-306. Powers and duties of the board. 7
1012	1011		The Arkansas Home Inspector Registration Board State Board of 8
1013	1012		Appraisers, Abstracters, and Home Inspectors may: 9
1014	1013		(1) Perform the duties and functions appropriate and necessary 10
1015	1014		to carry out the provisions of this subchapter; 11
1016	1015		(2) Review, approve, or reject registration applications and 12
1017	1016		issue registration certificates to applicant s; 13
1018	1017		(3) Establish a mandatory continuing education program designed 14
1019	1018		to upgrade the professional skills and knowledge of home inspectors 15
1020	1019		practicing in Arkansas; 16
1021	1020		(4)(A) Establish administrative procedures for disciplinary 17
1022	1021		proceedings conducted according to the provisions for this subchapter. 18
1023	1022		(B) The procedures shall include provisions for the 19
1024	1023		suspension and revocation of registration and enforcement of civil penalties; 20
1025	1024		(5) Establish procedures for processing and resolving complaints 21
1026	1025		against home inspectors conducting home inspections in Arkansas; 22
1027	1026		(6) Authorize disbursement of the funds collected into the 23
1028	1027		Arkansas Home Inspectors Registration Fund; 24
1029	1028		(7) Employ legal counsel to represent it in any proceedings when 25
1030	1029		legal counsel is required; 26
1031	1030		(8) Develop competency exams for home inspectors; 27
1032	1031		(9) Establish a standard of practice and code of ethics for home 28
1033	1032		inspectors; 29
1034	1033		(10) Enter into agreements with other states, territories, 30
1035	1034		districts, or possessions of the United States concerning registr ation or 31
1036	1035		licensing requirements acceptable between Arkansas and the other entities; 32
1037	1036		(11) Maintain working files as it deems necessary; 33
1038	1037		(12) Contract for administrative support services and meet 34
1039	1038		financial obligations of those contracts using moneys from the fund; 35
1040	1039		(13)(A) Develop and implement a means for conducting internet 36 As Engrossed: S3/7/23 H3/27/23 SB354
1041	1040
1042	1041		27 03-27-2023 10:34:15 MLD262
1043	1042
1044	1043
1045	1044		board meetings, which may be observed by the public in real time. 1
1046	1045		(B) Public participation in the meetings may be permitted 2
1047	1046		in accordance with rules developed by the board; 3
1048	1047		(14) Establish and maintain an internet site website devoted to 4
1049	1048		home inspection registration and related subjects; and 5
1050	1049		(15) [Repealed.] 6
1051	1050		(16) Establish educational requirements for registration to 7
1052	1051		begin after July 1, 2004, including the standards and procedures for approval 8
1053	1052		of educational programs if the maximum number of hours required shall not 9
1054	1053		exceed ninety (90) classroom hours. 10
1055	1054		11
1056	1055		SECTION 52. Arkansas Code § 17 -52-307(a), concerning hearings, 12
1057	1056		reviews, and access to records of the Arkansas Home Inspector Registration 13
1058	1057		Board, is amended to read as follows: 14
1059	1058		(a) As part of an investigation or as a condition of renewal, the 15
1060	1059		Arkansas Home Inspector Registration Board State Board of Appraisers, 16
1061	1060		Abstracters, and Home Inspectors may require a home inspe ctor to submit in 17
1062	1061		writing home inspection reports and other documents to be reviewed by the 18
1063	1062		board. 19
1064	1063		20
1065	1064		SECTION 53. Arkansas Code § 17 -52-308(a), concerning complaints and 21
1066	1065		disciplinary procedures of the Arkansas Home Inspector Registration Board, is 22
1067	1066		amended to read as follows: 23
1068	1067		(a) Disciplinary hearings conducted by the Arkansas Home Inspector 24
1069	1068		Registration Board State Board of Appraisers, Abstracters, and Home 25
1070	1069		Inspectors for the purpose of determining whether to levy civil penalties 26
1071	1070		under this subchapter and for the purpose of determining whether to revoke or 27
1072	1071		suspend any registration, license, or certificate issued under this 28
1073	1072		subchapter shall be open public meetings conducted as provided for in the 29
1074	1073		Freedom of Information Act of 1967, § 25 -19-101 et seq., unless otherwise 30
1075	1074		superseded by provisions of this subchapter. 31
1076	1075		32
1077	1076		SECTION 54. Arkansas Code § 17 -52-309(b)(1), concerning Arkansas Home 33
1078	1077		Inspector Registration Board violations of law, civil penalties, injunctions, 34
1079	1078		and venue, is amended to read as follows: 35
1080	1079		(b)(1) Upon application by the Arkansas Home Inspector Registration 36 As Engrossed: S3/7/23 H3/27/23 SB354
1081	1080
1082	1081		28 03-27-2023 10:34:15 MLD262
1083	1082
1084	1083
1085	1084		Board State Board of Appraisers, Abstracters, and Home Inspectors , a court 1
1086	1085		may grant an injunction, restraining order, or other order as may be 2
1087	1086		appropriate to enjoin a person from: 3
1088	1087		(A) Offering to engage or engaging in the performance of 4
1089	1088		any acts or practices for which registration is required by this subchapter 5
1090	1089		after a showing that the acts or practices were performed or offered to be 6
1091	1090		performed without a certificate of registration; or 7
1092	1091		(B) Engaging in any practice or business authorized by a 8
1093	1092		certificate of registration issued under this subchapter upon a showing that 9
1094	1093		the holder presents a substantial probability of serious danger to the 10
1095	1094		health, safety, or welfare of any resident of thi s state or client of the 11
1096	1095		certificate holder. 12
1097	1096		13
1098	1097		SECTION 55. Arkansas Code § 17 -52-310(a), concerning continuing 14
1099	1098		education for home inspectors, is amended to read as follows: 15
1100	1099		(a) The Arkansas Home Inspector Registration Board State Board of 16
1101	1100		Appraisers, Abstracters, and Home Inspectors shall implement requirements for 17
1102	1101		home inspectors to successfully complete continuing education annually as a 18
1103	1102		condition to registration renewal. 19
1104	1103		20
1105	1104		SECTION 56. Arkansas Code § 17 -52-311 is amended to read as follows: 21
1106	1105		17-52-311. Role of Secretary of the Department of Labor and Licensing 22
1107	1106		Custodian of records . 23
1108	1107		(a)(1) The Secretary of the Department of Labor and Licensing 24
1109	1108		Executive Director of the State Board of Appraisers, Abstracters, and Home 25
1110	1109		Inspectors shall be the custodian of permanent, official, home inspector 26
1111	1110		registration files and shall maintain permanent records of all home inspector 27
1112	1111		registration applications received since the enactment of this subchapter. 28
1113	1112		(2) The secretary executive director shall maintain the 29
1114	1113		permanent records of the Arkansas Home Inspector Registration Board State 30
1115	1114		Board of Appraisers, Abstracters, and Home Inspectors . 31
1116	1115		(b) The secretary executive director shall receive and process 32
1117	1116		applications for initial registration and r enewal of registration. 33
1118	1117		34
1119	1118		SECTION 57. Arkansas Code § 17 -52-312(e), concerning the Arkansas Home 35
1120	1119		Inspectors Registration Fund, is amended to read as follows: 36 As Engrossed: S3/7/23 H3/27/23 SB354
1121	1120
1122	1121		29 03-27-2023 10:34:15 MLD262
1123	1122
1124	1123
1125	1124		(e) The Arkansas Home Inspector Registration Board State Board of 1
1126	1125		Appraisers, Abstracters, and Home Inspectors will process disbursements of 2
1127	1126		those funds as necessary in the administration of this subchapter. 3
1128	1127		4
1129	1128		SECTION 58. Arkansas Code § 17 -52-313(a)(1) and (2), concerning the 5
1130	1129		disposition of funds from the Arkansas Home Inspector Registration Board , are 6
1131	1130		amended to read as follows: 7
1132	1131		(a)(1) The Secretary Executive Director of the Arkansas Home Inspector 8
1133	1132		Registration Board State Board of Appraisers, Abstracters, and Home 9
1134	1133		Inspectors shall receive, disburse, and account for all income paid to or 10
1135	1134		received by the Arkansas Home Inspector Registration Board State Board of 11
1136	1135		Appraisers, Abstracters, and Home Inspectors . 12
1137	1136		(2) The Secretary Executive Director of the Arkansas Home 13
1138	1137		Inspector Registration Board State Board of Appraisers, Abstracters, and Home 14
1139	1138		Inspectors shall institute a system of books and financial records 15
1140	1139		satisfactory to the Secretary of the Department of Finance and 16
1141	1140		Administration. 17
1142	1141		18
1143	1142		SECTION 59. Arkansas Code § 17 -52-313(a)(4), concerning the 19
1144	1143		disposition of funds from the Arkansas Home Ins pector Registration Board, is 20
1145	1144		amended to read as follows: 21
1146	1145		(4) The Secretary Executive Director of the Arkansas Home 22
1147	1146		Inspector Registration Board State Board of Appraisers, Abstracters, and Home 23
1148	1147		Inspectors shall deposit all funds of the board that he or she receives with 24
1149	1148		the State Treasury within forty -eight (48) hours, excluding holidays and 25
1150	1149		Sundays, after he or she receives the funds. 26
1151	1150		27
1152	1151		SECTION 60. Arkansas Code § 17 -52-315(a), concerning an application 28
1153	1152		for registration as a home inspector, is amended to read as follows: 29
1154	1153		(a) Any person applying for registration or renewal of registration as 30
1155	1154		a home inspector shall submit to the Arkansas Home Inspector Registration 31
1156	1155		Board State Board of Appraisers, Abstracters, and Home Inspectors : 32
1157	1156		(1) An application under oath upon a form to be prescribed by 33
1158	1157		the board; 34
1159	1158		(2) A current certificate of insurance issued by an insurance 35
1160	1159		company licensed or surplus lines approved to do business in this state that 36 As Engrossed: S3/7/23 H3/27/23 SB354
1161	1160
1162	1161		30 03-27-2023 10:34:15 MLD262
1163	1162
1164	1163
1165	1164		states that the applicant has procured general liability ins urance in the 1
1166	1165		minimum amount of one hundred thousand dollars ($100,000) and, if applicable, 2
1167	1166		workers' compensation insurance; and 3
1168	1167		(3) The required registration or registration renewal fee with 4
1169	1168		the application. 5
1170	1169		6
1171	1170		SECTION 61. Arkansas Code § 17 -52-316(a)(1), concerning fees and 7
1172	1171		reimbursements for the Arkansas Home Inspector Registration Board, is amended 8
1173	1172		to read as follows: 9
1174	1173		(a)(1) The Arkansas Home Inspector Registration Board State Board of 10
1175	1174		Appraisers, Abstracters, and Home Inspectors may set registration and renewal 11
1176	1175		fees not to exceed three hundred dollars ($300) per year. 12
1177	1176		13
1178	1177		SECTION 62. Arkansas Code § 17 -52-317(a)(1), concerning certificates 14
1179	1178		of registration issued by the Arkansas Home Inspector Registration Board, is 15
1180	1179		amended to read as follows: 16
1181	1180		(a)(1) Certificates of registration shall be issued by the Arkansas 17
1182	1181		Home Inspector Registration Board State Board of Appraisers, Abstracters, and 18
1183	1182		Home Inspectors to an applicant after compliance with the registration or 19
1184	1183		renewal requirements of this subchapter and approval by the board . 20
1185	1184		21
1186	1185		SECTION 63. Arkansas Code § 17 -52-318(b), concerning insurance 22
1187	1186		required of home inspectors, is amended to read as follows: 23
1188	1187		(b) All policies and certificates shall provide that cancellation or 24
1189	1188		renewal of the policy shall not be effective unless and until at least ten 25
1190	1189		(10) days' notice of cancellation or nonrenewal has been received in writing 26
1191	1190		by the Arkansas Home Inspector Registration Board State Board of Appraisers, 27
1192	1191		Abstracters, and Home Inspectors . 28
1193	1192		29
1194	1193		SECTION 64. Arkansas Code § 17-52-319(b), concerning standards of care 30
1195	1194		for home inspectors, is amended to read as follows: 31
1196	1195		(b) All home inspections conducted for compensation in this state 32
1197	1196		shall be conducted according to the standards of practice and code of ethics 33
1198	1197		set forth by the Arkansas Home Inspector Registration Board State Board of 34
1199	1198		Appraisers, Abstracters, and Home Inspectors . 35
1200	1199		36 As Engrossed: S3/7/23 H3/27/23 SB354
1201	1200
1202	1201		31 03-27-2023 10:34:15 MLD262
1203	1202
1204	1203
1205	1204		SECTION 65. Arkansas Code § 17 -52-320(b), concerning limitations of 1
1206	1205		damages against home inspectors, is amended to read as follows: 2
1207	1206		(b) Disciplinary action taken against a home inspector by the Arkansas 3
1208	1207		Home Inspector Registration Board State Board of Appraisers, Abstracters, and 4
1209	1208		Home Inspectors shall not in and of itself be the basis for civil or criminal 5
1210	1209		action. 6
1211	1210		7
1212	1211		SECTION 66. Arkansas Code § 19-6-415 is amended to read as follows: 8
1213	1212		19-6-415. Arkansas Abstracters' Board Fund. 9
1214	1213		The Arkansas Abstracters' Board Fund shall consist of those special 10
1215	1214		revenues as specified in § 19 -6-301(93), there to be used for the 11
1216	1215		maintenance, operation, and impro vement of the Arkansas Abstracters' Board 12
1217	1216		State Board of Appraisers, Abstracters, and Home Inspectors . 13
1218	1217		14
1219	1218		SECTION 67. Arkansas Code § 22 -6-601(c)(2)(C), concerning the sale 15
1220	1219		procedure for state agencies, is amended to read as follows: 16
1221	1220		(C) The appraiser shall be licensed and certified by the 17
1222	1221		Arkansas Appraiser Licensing and Certification Board State Board of 18
1223	1222		Appraisers, Abstracters, and Home Inspectors . 19
1224	1223		20
1225	1224		SECTION 68. Arkansas Code § 25 -16-903(5), concerning stipends for 21
1226	1225		state boards, is amended to read a s follows: 22
1227	1226		(5) Arkansas Appraiser Licensing and Certification Board State 23
1228	1227		Board of Appraisers, Abstracters, and Home Inspectors ; 24
1229	1228		25
1230	1229		SECTION 69. Arkansas Code § 25 -43-1102(1), concerning state entities 26
1231	1230		transferred to the Department of Labor and Licensing , is repealed. 27
1232	1231		(1) The Arkansas Abstracters' Board, created under § 17 -11-401; 28
1233	1232		29
1234	1233		SECTION 70. Arkansas Code § 25 -43-1102(2), concerning state entities 30
1235	1234		transferred to the Department of Labor and Licensing, is amended to read as 31
1236	1235		follows: 32
1237	1236		(2) The Arkansas Appraiser Licensing and Certification Board 33
1238	1237		State Board of Appraisers, Abstracters, and Home Inspectors , created under § 34
1239	1238		17-14-201; 35
1240	1239		36 As Engrossed: S3/7/23 H3/27/23 SB354
1241	1240
1242	1241		32 03-27-2023 10:34:15 MLD262
1243	1242
1244	1243
1245	1244		SECTION 71. Arkansas Code § 25 -43-1102(4), concerning state entities 1
1246	1245		transferred to the Department of Labor and Licens ing, is repealed. 2
1247	1246		(4) The Arkansas Home Inspector Registration Board , created 3
1248	1247		under § 17-52-304; 4
1249	1248		5
1250	1249		SECTION 72. TEMPORARY LANGUAGE. DO NOT CODIFY. Transition provisions — 6
1251	1250		Appointment of members of the State Board of Appraisers, Abstracters, and 7
1252	1251		Home Inspectors — Terms. 8
1253	1252		(a) As soon as practical after the effective date of this act, the 9
1254	1253		Governor shall appoint all board member positions to the State Board of 10
1255	1254		Appraisers, Abstracters, and Home Inspectors , subject to confirmation by the 11
1256	1255		Senate. 12
1257	1256		(b)(1) The initial terms of the board members shall be staggered as 13
1258	1257		follows: 14
1259	1258		(A) The following six (6) positions shall serve terms 15
1260	1259		expiring April 15, 2024: 16
1261	1260		(i) Two (2) appraiser members; 17
1262	1261		(ii) Two (2) home inspector members; 18
1263	1262		(iii) The financial institution representative; and 19
1264	1263		(iv) The abstracter representative; and 20
1265	1264		(B) The following five (5) positions shall serve terms 21
1266	1265		expiring April 15, 2025: 22
1267	1266		(i) Three (3) appraiser members; 23
1268	1267		(ii) One (1) home inspector member; and 24
1269	1268		(iii) One (1) representative of senior citizens and 25
1270	1269		consumers. 26
1271	1270		(2) The initial terms described in subdivision (b)(1) of this 27
1272	1271		section shall not count against the prohibition under § 17 -14-201(c)(3) of 28
1273	1272		serving no more than two (2) consecutive terms. 29
1274	1273		30
1275	1274		SECTION 73. TEMPORARY LANGUAGE. DO NOT CODIFY. Transition provisions — 31
1276	1275		Board members — Duties. 32
1277	1276		Upon the effective date of this section: 33
1278	1277		(1) The members of the Arkansas Abstracters’ Board and the 34
1279	1278		Arkansas Home Inspector Registration Board are removed; 35
1280	1279		(2) The members of the Arkansas Appraiser Licensing and 36 As Engrossed: S3/7/23 H3/27/23 SB354
1281	1280
1282	1281		33 03-27-2023 10:34:15 MLD262
1283	1282
1284	1283
1285	1284		Certification Board shall continue to serve and shall exercise the powers and 1
1286	1285		duties assigned to the Arkansas Appraiser Licensing and Certification Board, 2
1287	1286		the Arkansas Abstracters’ Board, and the Arkansas Home Inspector Registration 3
1288	1287		Board until the State Board of Appraisers, Abstracters, and Home Inspectors 4
1289	1288		is duly appointed; and 5
1290	1289		(3) The staff of the Arkansas Abstracters’ Board and the 6
1291	1290		Arkansas Home Inspect or Registration Board shall report to the Director of 7
1292	1291		the Arkansas Appraiser Licensing and Certification Board. 8
1293	1292		9
1294	1293		SECTION 74. EMERGENCY CLAUSE. 10
1295	1294		(a) It is found and determined by the General Assembly of the State of 11
1296	1295		Arkansas that it is important to the citizens of Arkansas that state 12
1297	1296		government services be provided in an efficient and cost -effective manner; 13
1298	1297		that the consolidation of state boards that perform similar functions and 14
1299	1298		serve similar constituencies is an effective way to achieve both operation al 15
1300	1299		efficiencies and economies of scale; that this act abolishing and 16
1301	1300		transferring the duties of the Arkansas Abstracter’s Board, the Arkansas Home 17
1302	1301		Inspector Registration Board, and the Arkansas Appraiser's Board to the State 18
1303	1302		Board of Appraisers, Abstracter s, and Home Inspectors will increase the 19
1304	1303		effectiveness of the industries regulated by the board and protect the 20
1305	1304		citizens' safety and property; that Section 73 of this act is immediately 21
1306	1305		necessary to obtain cost efficiencies and streamline the provision of 22
1307	1306		government services without delay for the benefit of Arkansas taxpayers to 23
1308	1307		allow services that preserve the health, safety, and property of Arkansas 24
1309	1308		citizens. Therefore, an emergency is declared to exist, and Section 73 of 25
1310	1309		this act being immediately necess ary for the preservation of the public 26
1311	1310		peace, health, and safety shall become effective on: 27
1312	1311		(1) The date of its approval by the Governor; 28
1313	1312		(2) If the bill is neither approved nor vetoed by the Governor, 29
1314	1313		the expiration of the period of time during wh ich the Governor may veto the 30
1315	1314		bill; or 31
1316	1315		(3) If the bill is vetoed by the Governor and the veto is 32
1317	1316		overridden, the date the last house overrides the veto. 33
1318	1317		(b) It is found and determined by the General Assembly of the State of 34
1319	1318		Arkansas that all sections of this bill except for Section 73 are important 35
1320	1319		to the citizens of Arkansas as they will allow state government services to 36 As Engrossed: S3/7/23 H3/27/23 SB354
1321	1320
1322	1321		34 03-27-2023 10:34:15 MLD262
1323	1322
1324	1323
1325	1324		be provided in an efficient and cost -effective manner; that this act 1
1326	1325		abolishing and transferring the duties of the Arkansas Abstra cter’s Board, 2
1327	1326		the Arkansas Home Inspector Registration Board, and the Arkansas Appraiser's 3
1328	1327		Board to the State Board of Appraisers, Abstracters, and Home Inspectors 4
1329	1328		should become effective on July 1, 2023, to coincide with the appropriation 5
1330	1329		bills of the Department of Labor and Licensing and ensure that the State 6
1331	1330		Board of Appraisers, Abstracters, and Home Inspectors provides its expanded 7
1332	1331		vital services as the transfer of duties is implemented and does not 8
1333	1332		experience any issues with funding under the transfer of duties. Therefore, 9
1334	1333		an emergency is declared to exist, and this act being necessary for the 10
1335	1334		preservation of the public peace, health, and safety shall become effective 11
1336	1335		on July 1, 2023, except as provided in subsection (a) of this section. 12
1337	1336		13
1338	1337		/s/K. Hammer 14
1339	1338		15
1340	1339		16
1341		-	~~APPROVED: 4/11/23~~ 17
	1340	+	17
1342	1341		18
1343	1342		19
1344	1343		20
1345	1344		21
1346	1345		22
1347	1346		23
1348	1347		24
1349	1348		25
1350	1349		26
1351	1350		27
1352	1351		28
1353	1352		29
1354	1353		30
1355	1354		31
1356	1355		32
1357	1356		33
1358	1357		34
1359	1358		35
1360	1359		36