Bill Text: AZ HB2778 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: State board of appraisal
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-05-11 - Governor Signed [HB2778 Detail]
Download: Arizona-2012-HB2778-Chaptered.html
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Conference Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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CHAPTER 342
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HOUSE BILL 2778 |
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AN ACT
amending title 32, chapter 36, article 1, Arizona Revised Statutes, by adding section 32‑3610; amending section 32‑3628, Arizona Revised Statutes; amending title 32, chapter 36, article 3, Arizona Revised Statutes, by adding section 32‑3634.01; amending section 32-3673, Arizona Revised Statutes; relating to the state board of appraisal.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 36, article 1, Arizona Revised Statutes, is amended by adding section 32-3610, to read:
32-3610. Uniform standards of professional appraisal practice; state standards; exception
The uniform standards of professional appraisal practice are the standards for the appraisal practice in this state unless the board objects. END_STATUTE
Sec. 2. Section 32-3628, Arizona Revised Statutes, is amended to read:
32-3628. Inactive license or certificate status during military duty; reactivation application; renewal application and fee; continuing education
A. A license or certificate holder who is ordered to active military duty with the United States armed forces may request that the license or certificate be placed on inactive status by filing with the board an application that includes all of the following:
1. The license or certificate holder's name.
2. The license or certificate number.
3. The date that the active military duty begins.
4. A request for inactive status.
B. The license or certificate is deemed to be on inactive status while the license or certificate holder is on active military duty, but the period of inactive status may not exceed three years.
C. A license or certificate holder who is on inactive status pursuant to this section shall not do either of the following:
1. Represent that the holder is an active appraiser licensed or certified in this state.
2. Perform real estate appraisals or appraisal reviews on real estate in this state.
D. A license or certificate holder on inactive status must file with the board an application for reactivation of the license or certificate within thirty one hundred eighty days after returning home from active military duty.
E. If the holder of an inactive license or certificate timely files an application for reactivation of the license or certificate, the license or certificate is returned to active status on the board's approval of the application for reactivation. The time period for completion of the continuing education requirements that the license or certificate holder would otherwise have been required to meet during the period when the license or certificate was on inactive status is extended for a period not to exceed ninety days after return from active military duty. The license or certificate holder must submit proof of completion of any continuing education requirements to the board no later than thirty one hundred twenty days after completion.
F. If the holder of an inactive license or certificate under this section does not make a timely application for reactivation as required by subsection D of this section, the holder must reapply for licensure or certification meeting all of the requirements of this chapter.
G. A license or certificate holder who is on inactive status pursuant to this section remains on inactive status until the board approves the application for reactivation of the license or certificate.
H. The holder of an inactive license or certificate applying for reactivation of the license or certificate under this section shall include with the application for reactivation a copy of the documentation from the armed forces showing the period of time that the holder of the inactive license or certificate was on active military duty.
I. Any license or certificate holder who places the holder's license or certificate on inactive status under this section must pay the renewal fee prescribed in section 32‑3607 and complete an application for renewal pursuant to section 32‑3619. A license or certificate holder on inactive status pursuant to this section who files an application for reactivation is required to provide evidence of completion of the continuing education requirements pursuant to subsection E of this section.
J. For the purposes of this section, active military duty does not include service persons performing weekend drill and annual training.
Sec. 3. Title 32, chapter 36, article 3, Arizona Revised Statutes, is amended by adding section 32-3634.01, to read:
32-3634.01. Prohibition; indemnification agreement
A. Any person, party or entity who hires, engages or communicates with an appraiser directly or through an agent shall not require or attempt to require the appraiser to sign any indemnification agreement that would hold harmless the hiring person, party or entity, its owners, agent's employees or independent contractors from any liability, damage, loss or claim arising from the services performed by the person, party or entity, its owners, agent's employees or independent contractors.
B. This section does not limit liability for services performed by the appraiser.
Sec. 4. Section 32-3673, Arizona Revised Statutes, is amended to read:
32-3673. Disclosure of fees
A. The appraisal management company shall not prohibit the appraiser from reporting in the appraisal report the fee paid to the appraiser.
B. The appraiser shall disclose the fee paid for an appraisal report ordered by an appraisal management company in the scope of work section in the appraisal report.
APPROVED BY THE GOVERNOR MAY 11, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 14, 2012.
