Stricken language would be deleted from and underlined language would be added to present law.
*LGL132* 03/12/2025 11:31:00 AM LGL132
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 443 3
4
By: Senator J. Bryant 5
By: Representative Rose 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE DUTIES OF THE STATE BOARD OF 9
APPRAISERS, ABSTRACTERS, AND HOME INSPECTORS; TO 10
AMEND THE LAW REGARDING LICENSURE OF ABSTRACTERS; TO 11
AMEND THE LAW REGARDING LICENSURE OF HOME INSPECTORS; 12
TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 13
14
15
Subtitle 16
TO AMEND THE DUTIES OF THE STATE BOARD 17
OF APPRAISERS, ABSTRACTERS, AND HOME 18
INSPECTORS; TO AMEND THE LAW REGARDING 19
LICENSURE OF ABSTRACTERS; TO AMEND THE 20
LAW REGARDING LICENSURE OF HOME 21
INSPECTORS; AND TO DECLARE AN EMERGENCY. 22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
25
SECTION 1. Arkansas Code § 17 -11-301 is amended to read as follows: 26
17-11-301. Certificate of registration required. 27
(a)(1) Every person, firm, or private corporation engaged in the 28
business of abstracting in one (1) county only, shall be or have in its 29
employ a registered abstracter. 30
(2) Every person, firm, or private corporation engaged in the 31
business of abstracting in more than one (1) county in this state shall have 32
at least one (1) registered abstracter for each county in which it maintains 33
an abstract office. 34
(b) No person shall execute an abstract certificate or otherwise 35
attest to the accuracy of abstracts unless the person is a registered 36 SB443
2 03/12/2025 11:31:00 AM LGL132
abstracter as defined in this chapter. 1
(c)(1) Each person engaged in the business of abstracting who is a 2
registered abstracter may fulfill the requirements of subsection (a) of this 3
section in one (1) county only. 4
(2) No registered abstracter may fulfill the requirements of 5
subsection (a) of this section for more than one (1) county or more than one 6
(1) company at any one (1) time. 7
8
SECTION 2. Arkansas Code § 17 -11-302(d), concerning an application for 9
to become a registered abstracter, is amended to read as follows: 10
(d) Thereupon the board shall notify the applicant of the time and 11
place of the next scheduled examination, and notice of the examination shall 12
be given to the applicant by mail or email. 13
14
SECTION 3. Arkansas Code § 17 -11-305(d), concerning a temporary 15
certificate of registration as an abstracter, is amended to read as follows: 16
(d) The board shall notify the applicant by mail or email of the time 17
and place of the examination. 18
19
SECTION 4. Arkansas Code § 17 -11-322(c), concerning renewal notice for 20
a certificate of registration as an abstracter, is amended to read as 21
follows: 22
(c)(1)(A) No more than sixty (60) days nor less than thirty (30) days 23
before the expiration date of the certificate issued, the board shall cause a 24
notice of expiration and application for renewal to be mailed or 25
electronically mailed to each of the holders of the certificates. 26
(B) The notice and application shall be in a form prepared 27
by the board. 28
(2) Upon determination by the board of the applicant's 29
compliance with this chapter, a renewal certificate of authority shall be 30
issued to the applicant. 31
32
SECTION 5. Arkansas Code § 17 -11-322(d)(1), concerning failure to 33
renew a certificate of registration as an abstracter, is amended to read as 34
follows: 35
(d)(1)(A) If a holder of a certificate of authority fails to apply for 36 SB443
3 03/12/2025 11:31:00 AM LGL132
renewal of his or her authority and to pay the fee provided therefor, the 1
board shall cause to be mailed or emailed to the holder a notice that his or 2
her certificate has expired and is no longer valid authority for the person 3
to engage in the business of abstracting. 4
(B) The notice shall be mailed or emailed not more than 5
thirty (30) days following the certificate expiration date. 6
(C) The holder shall be granted an additional period of 7
sixty (60) days from the date of mailing the notice within which to file his 8
or her application for renewal. 9
10
SECTION 6. Arkansas Code § 17 -11-342 is repealed. 11
17-11-342. Seal. 12
Any licensee under this chapter shall provide a seal, which shall have 13
stamped on the license the name of the licensee, and shall deposit with the 14
State Board of Appraisers, Abstracters, and Home Inspectors an impression of 15
the seal and the names of all persons authorized to sign certificates to 16
abstracts on behalf of the licensee. 17
18
SECTION 7. Arkansas Code § 17 -11-343 is repealed. 19
17-11-343. Abstract as evidence. 20
An abstract or photostat or verbatim copy of any public record, where 21
certified by and impressed with the official seal of any licensed abstracter, 22
shall be admissible in evidence, if otherwise admissible, on behalf of any 23
party litigant in any court in the State of Arkansas and shall be prima facie 24
evidence of the facts recited therein. 25
26
SECTION 8. Arkansas Code § 17 -11-404 is repealed. 27
17-11-404. Investigations – Independent or private investigator. 28
(a) A member of the State Board of Appraisers, Abstracters, and Home 29
Inspectors shall not: 30
(1) Act as an investigator on a matter before the board; or 31
(2) Perform any investigative task or work required by the 32
board. 33
(b)(1)(A) The board shall contract an independent investigator or 34
private investigator to perform any investigative task or work as needed or 35
as required by law. 36 SB443
4 03/12/2025 11:31:00 AM LGL132
(B) An independent investigator or private investigator 1
contracted under subdivision (b)(1)(A) of this section shall have expertise 2
or background in the subject matter in which he or she is being contracted to 3
investigate. 4
(2) An appropriation made available for professional fees in the 5
board's Operations appropriation act shall be made available to the board for 6
the purpose of contracting under subdivision (b)(1) of this section. 7
(c)(1) The board shall file a report annually on or before December 1 8
with the Senate Committee on State Agencies and Governmental Affairs and the 9
House Committee on State Agencies and Governmental Affairs for the Senate 10
Committee on State Agencies and Governmental Affairs' and the House Committee 11
on State Agencies and Governmental Affairs' review. 12
(2) The report shall include: 13
(A) The number of complaints that have been filed; 14
(B) A list of who has been investigated and the purported 15
violation; and 16
(C) A summary of the findings of each investigation. 17
18
SECTION 9. Arkansas Code § 17 -14-103(17), concerning definitions 19
pertaining to appraisers, is amended to read as follows: 20
(17)(A) “Real estate appraisal” means an unbiased estimate of 21
the nature, quality, value, or utility of an interest in, or aspect of, 22
identified real estate and related personalty .; 23
(B)(i) A real estate appraisal may be classified by 24
subject matter into either a valuation or an evaluation. 25
(ii) Valuation is the process of estimating the 26
market value, investment value, insurable value, or other properly defined 27
value of an identified interest or interests in a specific parcel or parcels 28
of real estate as of a given date. 29
(iii) Evaluation or analysis is the study of the 30
nature, quality, or utility of a parcel of real estate, or interests in or 31
aspects of real property, in which a value estimate is not necessarily 32
required, i.e., a study of real estate or real property other than estimating 33
value; 34
35
SECTION 10. Arkansas Code § 17 -14-201(a)(3), concerning the 36 SB443
5 03/12/2025 11:31:00 AM LGL132
composition of the State Board of Appraisers, Abstracters, and Home 1
Inspectors, is amended to read as follows; 2
(3) One (1) senior and consumer representative; 3
4
SECTION 11. Arkansas Code § 17 -14-201(b)(2), concerning the composition 5
of the State Board of Appraisers, Abstracters, and Home Inspectors, is 6
repealed. 7
(2) At least four (4) real estate appraiser members appointed to 8
the board shall be members in good standing of: 9
(A) A state or regional chapter of a nationally recognized 10
real estate appraisal organization that requires an individual to have 11
qualified appraisal experience, education, and testing in order to become a 12
designated member and to adhere to standards of professional practice in 13
order to retain such a designation; or 14
(B) The Association of Consulting Foresters of America, 15
Inc., Arkansas Chapter. 16
17
SECTION 12. Arkansas Code § 17 -14-203(6)(E)(i), the powers and duties 18
of the State Board of Appraisers, Abstracters, and Home Inspectors, is 19
amended to read as follows: 20
(E)(i) Every applicant for registering, licensing, and 21
certifying shall be accompanied by an application fee and a criminal 22
background check fee that the State Board of Appraisers, Abstracters, and 23
Home Inspectors may establish by rule. 24
25
SECTION 13. Arkansas Code § 17 -14-205(b), concerning disciplinary 26
hearings conducted by the State Board of Appraisers, Abstracters, and Home 27
Inspectors, is repealed. 28
(b) Disciplinary hearings conducted by the board for the purpose of 29
determining whether to levy civil penalties under the Arkansas Appraiser 30
Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., 31
and § 17-14-301 et seq., and for the purpose of determining whether to revoke 32
or suspend any registration, license, or certificate issued under the 33
Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 34
17-14-201 et seq., and § 17-14-301 et seq., shall not be deemed open public 35
meetings but shall be executive sessions conducted as provided for in the 36 SB443
6 03/12/2025 11:31:00 AM LGL132
Freedom of Information Act of 1967, § 25-19-101 et seq. 1
2
SECTION 14. Arkansas Code § 17 -14-206(a)(3), concerning disciplinary 3
action of the State Board of Appraisers, Abstracters, and Home Inspectors, is 4
amended to add an additional subdivision to read as follows: 5
(3) Conviction of or pleading guilty or nolo contendere to any 6
offense listed under § 17 -3-102 or § 17-14-203(12)(C) unless the person 7
requests and the board approves a waiver under § 17 -3-102(b). 8
9
SECTION 15. Arkansas Code § 17 -14-305 is amended to read as follows: 10
17-14-305. Compliance with uniform standards and code of ethics – 11
Seals – Licensing and certification documents. 12
(a)(1) Each state-registered appraiser, each state -licensed appraiser, 13
each registered apprentice appraiser, and each state -certified appraiser 14
shall comply with the Uniform Standards of Professional Appraisal Practice 15
and code of ethics adopted by the State Board of Appraisers, Abstracters, and 16
Home Inspectors and shall authenticate all written appraisal reports with a 17
seal that shall indicate the registration, license, or certification number 18
of the appraiser. 19
(2)(b) The seal and number shall also be used in all statements 20
of qualifications, contracts, or other instruments used by the registration, 21
license, or certificate holder when reference is made to his or her status as 22
a state-registered appraiser, state -licensed appraiser, registered apprentice 23
appraiser, or state-certified appraiser. 24
(b) Registration, license, and certificate documents, licenses, 25
certificates, seals, and pocket cards shall remain the property of the state, 26
and, upon any suspension, revocation, or other termination of a registration, 27
license, or certification under the Arkansas Appraiser Licensing and 28
Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-29
301 et seq., the individual holding the related documents shall immediately 30
return the documents to the board. 31
32
SECTION 16. Arkansas Code § 17 -14-409(a)(1), concerning the registry 33
of applicants for appraisers, is amended to read as follows: 34
(a)(1) The Executive Director of the State Board of Appraisers, 35
Abstracters, and Home Inspectors shall keep a register of all applicants for 36 SB443
7 03/12/2025 11:31:00 AM LGL132
registration. 1
2
SECTION 17. Arkansas Code § 17 -52-303(8), concerning definitions 3
pertaining to home inspectors, is amended to read as follows: 4
(8) “Residential unit” means any dwelling from one (1) to four (4) 5
units in design intended principally for residential purposes by one (1) or 6
more persons a structure consisting of at least one (1) but no more than four 7
(4) units designed for occupancy by a single family that is occupied or 8
unoccupied. 9
10
SECTION 18. Arkansas Code § 17 -52-306 is amended to read as follows: 11
17-52-306. Powers and duties of board. 12
The State Board of Appraisers, Abstracters, and Home Inspectors may: 13
(1) Perform the duties and functions appropriate and necessary to 14
carry out the provisions of this subchapter; 15
(2) Review, approve, or reject registration applications and issue 16
registration certificates to applicants; 17
(3) Establish a mandatory continuing education program designed to 18
upgrade the professional skills and knowledge of home inspectors practicing 19
in Arkansas; 20
(4)(A) Establish administrative procedures for disciplinary 21
proceedings conducted according to the provisions for this subchapter. 22
(B) The procedures shall include provisions for the suspension 23
and revocation of registration and enforcement of civil penalties; 24
(5) Establish procedures for processing and resolving complaints 25
against home inspectors conducting home inspections in Arkansas; 26
(6) Authorize disbursement of the funds collected into the Arkansas 27
Home Inspectors Registration Fund; 28
(7) Employ legal counsel to represent it in any proceedings when legal 29
counsel is required; 30
(8) Develop competency exams for home inspectors; 31
(9)(7) Establish a standard of practice and code of ethics for home 32
inspectors; 33
(10)(8) Enter into agreements with other states, territories, 34
districts, or possessions of the United States concerning registration or 35
licensing requirements acceptable between Arkansas and the other entities; 36 SB443
8 03/12/2025 11:31:00 AM LGL132
(11)(9) Maintain working files as it deems necessary; 1
(12) Contract for administrative support services and meet financial 2
obligations of those contracts using moneys from the fund; 3
(13)(A)(10)(A) Develop and implement a means for conducting internet 4
board meetings, which may be observed by the public in real time. 5
(B) Public participation in the meetings may be permitted in 6
accordance with rules developed by the board; 7
(14)(11) Establish and maintain a website devoted to home inspection 8
registration and related subjects; and 9
(15) [Repealed.] 10
(16)(12) Establish educational requirements for registration to begin 11
after July 1, 2004, including the standards and procedures for approval of 12
educational programs if the maximum number of hours required shall not exceed 13
ninety (90) classroom hours. 14
15
SECTION 19. Arkansas Code § 17 -52-307 is amended to read as follows: 16
17-52-307. Hearings – Review – Access to records. 17
(a) As part of an investigation or as a condition of renewal, the 18
State Board of Appraisers, Abstracters, and Home Inspectors may require a 19
home inspector to submit in writing home inspection reports and other 20
documents to be reviewed by the board. 21
(b) Requests by the board for copies of home inspection reports shall 22
supersede any contract of client privacy or confidentiality whether written 23
or oral. 24
(c) Any documents submitted to the board as part of an investigation 25
shall: 26
(1) Be considered as confidential documents; 27
(2) Be used only for the purpose for which they are requested; 28
(3) Not be available for public viewing; 29
(4) Not become part of any official file; and 30
(5) Not be revealed to any nonboard members. 31
(d) When the action for which they were requested is completed by the 32
board, the documents shall be returned to the home inspector at his or her 33
own expense or destroyed if the home inspector requests that the documents be 34
destroyed. 35
(e)(c) In fulfilling its duties under this subchapter, the board shall 36 SB443
9 03/12/2025 11:31:00 AM LGL132
comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., 1
and any person aggrieved by any rule or other actions of the board for which 2
an appeal is not provided for in the Arkansas Administrative Procedure Act, § 3
25-15-201 et seq., may appeal to the Pulaski County Circuit Court. 4
(f) All work papers submitted to the board for action on complaints 5
and disciplinary procedures under this subchapter shall not be deemed public 6
records under the Freedom of Information Act of 1967, § 25-19-101 et seq. 7
8
SECTION 20. Arkansas Code § 17 -52-310(e)(1), concerning continuing 9
education for home inspectors, is amended to read as follows: 10
(e)(1) Failure to complete continuing education requirements shall may 11
result in suspension of the home inspector’s registration. 12
13
SECTION 21. Arkansas Code § 17 -52-311 is amended to read as follows: 14
17-52-311. Custodian of records. 15
(a)(1) The Executive Director of the State Board of Appraisers, 16
Abstracters, and Home Inspectors shall be the custodian of permanent, 17
official, home inspector registration files and shall maintain permanent 18
records of all home inspector registration applications received since the 19
enactment of this subchapter . 20
(2) The executive director shall maintain the permanent records 21
of the State Board of Appraisers, Abstracters, and Home Inspectors. 22
(b) The executive director shall receive and process applications for 23
initial registration and renewal of registration. 24
25
SECTION 22. Arkansas Code § 17 -52-312 is amended to read as follows: 26
17-52-312. Fund. 27
(a) There is created in the State Treasury a fund to be known as the 28
“Arkansas Home Inspectors Registration Fund” “State Board of Appraisers, 29
Abstracters, and Home Inspectors Fund” . 30
(b) All funds, fees, charges, costs, and collections accruing to or 31
collected under the provisions of this subchapter shall be deposited into the 32
State Treasury to the credit of this fund. 33
(c) The funds shall be used for the purposes as specified in this 34
subchapter. 35
(d)(1) Except as provided in subdivision (d)(2) of this section, 36 SB443
10 03/12/2025 11:31:00 AM LGL132
effective with the 2003 registration and under the provisions of this 1
subchapter, all funds, fees, charges, costs, and collections accruing to or 2
collected by the Secretary of the Department of Labor and Licensing shall be 3
deposited quarterly into the fund. 4
(2) [Repealed.] 5
(e) The State Board of Appraisers, Abstracters, and Home Inspectors 6
will process disbursements of those funds as necessary in the administration 7
of this subchapter. 8
9
SECTION 23. Arkansas Code § 17 -52-313 is amended to read as follows: 10
17-52-313. Disposition of funds. 11
(a)(1) The Executive Director of the State Board of Appraisers, 12
Abstracters, and Home Inspectors shall receive, disburse, and account for all 13
income paid to or received by the State Board of Appraisers, Abstracters, and 14
Home Inspectors. 15
(2) The executive director shall institute a system of books and 16
financial records satisfactory to the Secretary of the Department of Finance 17
and Administration. 18
(3)(A) All fees collected on behalf of the board and all 19
receipts of every kind and nature shall be paid into the State Treasury and 20
shall be credited to the Arkansas Home Inspectors Registration Fund State 21
Board of Appraisers, Abstracters, and Home Inspectors Fund . 22
(B) The Arkansas Home Inspectors Registration Fund State 23
Board of Appraisers, Abstracters, and Home Inspectors Fund shall be for the 24
general uses of the board, and out of it shall be paid all salaries and all 25
other expenses necessarily incurred in carrying into effect the provisions of 26
this subchapter. 27
(C) Expenditures from the Arkansas Home Inspectors 28
Registration Fund State Board of Appraisers, Abstracters, and Home Inspectors 29
Fund shall be substantiated by vouchers and itemized statements at the end of 30
each fiscal year or at any other time when demand is made by the Department 31
of Finance and Administration. 32
(4) The executive director shall deposit all funds of the board 33
that he or she receives with the State Treasury within forty -eight (48) 34
hours, excluding holidays and Sundays, after he or she receives the funds. 35
(b) All fines collected for the violation of any provisions of this 36 SB443
11 03/12/2025 11:31:00 AM LGL132
subchapter shall be paid over to the board to be used by it in the same 1
manner as funds received for the issuance of registration. 2
(c) The total amount of warrants issued by the board or Auditor of 3
State in payment of the expenses and compensation provided in this subchapter 4
shall not exceed the amount of the application, registration, and other fees 5
collected. 6
(d)(1) Any surplus funds at the end of the fiscal year may be retained 7
by the board for future expenditures. 8
(2) The board shall not be required to pay any surplus into the 9
General Revenue Fund Account of the State Apportionment Fund. 10
11
SECTION 24. Arkansas Code § 17 -52-315(a)(1), concerning an application 12
for registration as a home inspector, is amended to read as follows: 13
(1) An application under oath upon a form to be prescribed by 14
the board; 15
16
SECTION 25. Arkansas Code § 17 -52-316(d), concerning registration and 17
renewal fees set by the State Board of Appraisers, Abstracters, and Home 18
Inspectors concerning home inspectors, is amended to read as follows: 19
(d) Other fees authorized to be assessed by the board are: 20
(1) Delinquent renewal Late fees not to exceed the amount of the 21
renewal fee for one year; and 22
(2) Home inspector training or continuing education provider 23
fees as follows: 24
(A) Initial qualifying fees not to exceed two hundred 25
dollars ($200); 26
(B) Annual renewal fees not to exceed two hundred dollars 27
($200); and 28
(C) Additional course filing fees not to exceed twenty -29
five dollars ($25.00) ; 30
(3) Duplicate registration fees not to exceed twenty -five 31
dollars ($25.00); 32
(4) Returned check fees not to exceed twenty -five dollars 33
($25.00); and 34
(5) Change-of-address fees not to exceed twenty -five dollars 35
($25.00). 36 SB443
12 03/12/2025 11:31:00 AM LGL132
1
SECTION 26. Arkansas Code § 17-52-317 is amended to read as follows: 2
17-52-317. Certificates of registration. 3
(a)(1) Certificates of registration shall be issued by the State Board 4
of Appraisers, Abstracters, and Home Inspectors to an applicant after 5
compliance with the registration or renewal requirements of this subchapter. 6
(2) Certificates shall be consecutively numbered. 7
(b) When registration is renewed, that person's registration number 8
shall be perpetuated. 9
(c) Certificates of registration of a home inspector shall be issued 10
for a period of at least one (1) year and shall expire at the end of a period 11
of up to three (3) years, as may be set by the board expire annually on 12
December 31. 13
(d) Notices of upcoming registration expiration and a reminder to 14
renew shall be mailed or emailed to registered home inspectors no more than 15
sixty (60) days and no less than forty -five (45) days before the expiration 16
date of the applicant's registration. 17
18
SECTION 27. Arkansas Code § 17 -52-320 is amended to read as follows: 19
17-52-320. Limitations. 20
(a) Any cause of action to recover damages suffered by a consumer as a 21
result of any act or omission of a home inspector relating to a home 22
inspection report must be commenced within one (1) year three (3) years from 23
the date the home inspection report is completed. 24
(b) Disciplinary action taken against a home inspector by the State 25
Board of Appraisers, Abstracters, and Home Inspectors shall not in and of 26
itself be the basis for civil or criminal action. 27
28
SECTION 28. Arkansas Code § 19 -6-301(93), concerning the abstracter’s 29
examining licenses and fees, is repealed. 30
(93) Abstracter's examining licenses and fees, as enacted by 31
Acts 1969, No. 109, as amended, known as the “Abstracters' Licensing Law of 32
1969”, § 17-11-101 et seq.; 33
34
SECTION 29. Arkansas Code § 19 -6-415 is repealed. 35
19-6-415. Arkansas Abstracters’ Board Fund. 36 SB443
13 03/12/2025 11:31:00 AM LGL132
The Arkansas Abstracters' Board Fund shall consist of those special 1
revenues as specified in § 19-6-301(93), there to be used for the 2
maintenance, operation, and improvement of the State Board of Appraisers, 3
Abstracters, and Home Inspectors. 4
5
SECTION 30. DO NOT CODIFY. Abolition of the Arkansas Abstracters’ 6
Board Fund. 7
The Arkansas Abstracters’ Board Fund is abolished, and all funds are 8
transferred to the State Board of Appraisers, Abstracters, and Home 9
Inspectors Fund. 10
11
SECTION 31. DO NOT CODIFY. Abolition of the Arkansas Home Inspectors 12
Registration Fund. 13
The Arkansas Home Inspectors Registration Fund is abolished, and all 14
funds are transferred to the State Board of Appraisers, Abstracters, and Home 15
Inspectors Fund. 16
17
SECTION 7. EMERGENCY CLAUSE. It is found and determined by the 18
General Assembly of the State of Arkansas that the State Board of Appraisers, 19
Abstracters, and Home Inspectors preserves the public peace, health, and 20
safety by providing needed funds and services for Arkansas; that this act 21
provides for the abolition and transfer of the Arkansas Abstracters' Board 22
Fund and the Arkansas Home Inspectors Registration Fund to the State Board of 23
Appraisers, Abstracters, and Home Inspectors Fund; and that this act should 24
become effective on July 1, 2025, to coincide with the appropriation bill of 25
the State Board of Appraisers, Abstracters, and Home Inspectors and ensure 26
that the State Board of Appraisers, Abstracters, and Home Inspectors 27
continues to provide its vital services as the transfer is implemented and 28
does not experience any issues with funding under the transfer. Therefore, an 29
emergency is declared to exist, and this act being necessary for the 30
preservation of the public peace, health, and safety shall become effective 31
on July 1, 2025. 32
33
34
35
36