Legislature(2017 - 2018)

2018-05-01 House Journal

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2018-05-01                     House Journal                      Page 3518
SB 155                                                                                                                        
The following, which was advanced to third reading from the April 30                                                            
calendar (page 3501), was read the third time:                                                                                  
                                                                                                                                
    HOUSE CS FOR CS FOR SENATE BILL NO. 155(L&C) am H                                                                           
    "An Act relating to the registration and regulation of real estate                                                          
    appraisal management companies; relating to the establishment of                                                            
    fees by the Department of Commerce, Community, and Economic                                                                 
    Development; relating to the Board of Certified Real Estate                                                                 
    Appraisers; relating to real estate appraisers; and providing for an                                                        
    effective date."                                                                                                            
                                                                                                                                
                                                                                                                                

2018-05-01                     House Journal                      Page 3519
Representative Guttenberg moved and asked unanimous consent that                                                                
HCS CSSB 155(L&C) am H be returned to second reading for the                                                                    
specific purpose of rescinding previous action in adopting Amendment                                                            
No. 1.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
Representative Guttenberg moved and asked unanimous consent that                                                                
the House rescind previous action in adopting Amendment No. 1                                                                   
(page 3499).                                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall the House rescind previous action in                                                                
adopting Amendment No. 1?"  The roll was taken with the following                                                               
result:                                                                                                                         
                                                                                                                                
HCS CSSB 155(L&C) am H                                                                                                          
Second Reading                                                                                                                  
Rescind previous action in adopting Amendment No. 1                                                                             
                                                                                                                                
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Claman, Drummond, Eastman, Edgmon, Foster, Gara,                                                                  
Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito,                                                                
Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman,                                                                  
Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz,                                                          
Stutes, Sullivan-Leonard, Talerico, Tarr, Tilton, Tuck, Wilson, Wool,                                                           
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Chenault, Thompson                                                                                                    
                                                                                                                                
And so, the motion passed.                                                                                                      
                                                                                                                                
Amendment No. 2 was offered  by Representatives Guttenberg and                                                                   
Josephson:                                                                                                                      
                                                                                                                                
Page 4, line 8:                                                                                                                 
    Delete "consumer's"                                                                                                         
    Insert "borrower's"                                                                                                         
                                                                                                                                
Page 4, line 9:                                                                                                                 
    Delete "consumer" in both places                                                                                            
    Insert "borrower" in both places                                                                                            
                                                                                                                                

2018-05-01                     House Journal                      Page 3520
Page 6, following line 20:                                                                                                      
    Insert a new section to read:                                                                                               
         "Sec. 08.87.142. Statement of fees. (a) When reporting to a                                                          
    borrower, an appraisal management company shall separately                                                                  
    state the fees                                                                                                              
             (1)  paid to an appraiser for the completion of an                                                                 
    appraisal; and                                                                                                              
             (2)  charged to the borrower for appraisal management                                                              
    services by the appraisal management company.                                                                               
         (b)  An appraisal management company may not include any                                                               
    fees for appraisal services listed in (a)(1) of this section as charges                                                     
    for an appraisal management service listed in (a)(2) of this                                                                
    section."                                                                                                                   
                                                                                                                                
Page 8, line 23:                                                                                                                
   Delete "a real estate appraiser who is part of an appraiser panel"                                                          
    Insert "an appraiser"                                                                                                       
                                                                                                                                
Page 8, line 24:                                                                                                                
    Delete "within the appraisal communication"                                                                                 
    Insert "in the body of the report submitted by the appraiser to the                                                         
appraisal management company"                                                                                                   
                                                                                                                                
Page 10, following line 4:                                                                                                      
    Insert a new paragraph to read:                                                                                             
             "(16)  "borrower" means a person who applies for a                                                                 
    mortgage loan;"                                                                                                             
                                                                                                                                
Renumber the following paragraphs accordingly.                                                                                  
                                                                                                                                
Page 10, line 20:                                                                                                               
    Delete "consumer"                                                                                                           
    Insert "borrower"                                                                                                           
                                                                                                                                
Page 10, line 21:                                                                                                               
    Delete "consumer"                                                                                                           
    Insert "borrower"                                                                                                           
                                                                                                                                
Representative Guttenberg moved and asked unanimous consent that                                                                
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                

2018-05-01                     House Journal                      Page 3521
Representative Wilson objected.                                                                                                 
                                                                                                                                
Amendment No. 1 to Amendment No. 2 was offered  by                                                                               
Representative Josephson:                                                                                                       
                                                                                                                                
    Under Page 4, line 9:                                                                                                       
         Delete all material.                                                                                                   
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 1 to Amendment No. 2 be adopted.                                                                                  
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 1 to Amendment No. 2 was adopted.                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 2 as amended be                                                                       
adopted?"  The roll was taken with the following result:                                                                        
                                                                                                                                
HCS CSSB 155(L&C)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 2 as amended                                                                                                      
                                                                                                                                
YEAS:  23   NAYS:  15   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Foster, Gara, Grenn,                                                                           
Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux,                                                                  
Ortiz, Parish, Pruitt, Seaton, Spohnholz, Stutes, Sullivan-Leonard,                                                             
Tarr, Tuck, Wool, Zulkosky                                                                                                      
                                                                                                                                
Nays:  Birch, Eastman, Johnson, Johnston, Knopp, Kopp, Lincoln,                                                                 
Millett, Neuman, Rauscher, Reinbold, Saddler, Talerico, Tilton,                                                                 
Wilson                                                                                                                          
                                                                                                                                
Excused:  Chenault, Thompson                                                                                                    
                                                                                                                                
And so, Amendment No. 2 as amended was adopted.                                                                                 
                                                                                                                                
HCS CSSB 155(L&C) am H was automatically in third reading.                                                                      
                                                                                                                                
The question being:  "Shall HCS CSSB 155(L&C) am H pass the                                                                     
House?"  The roll was taken with the following result:                                                                          
                                                                                                                                

2018-05-01                     House Journal                      Page 3522
HCS CSSB 155(L&C) am H                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  32   NAYS:  6   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Claman, Drummond, Edgmon, Foster, Gara, Grenn,                                                                    
Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp,                                                                
Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Ortiz, Parish, Pruitt,                                                          
Reinbold, Saddler, Seaton, Spohnholz, Sullivan-Leonard, Tarr, Tilton,                                                           
Tuck, Wool, Zulkosky                                                                                                            
                                                                                                                                
Nays:  Eastman, Neuman, Rauscher, Stutes, Talerico, Wilson                                                                      
                                                                                                                                
Excused:  Chenault, Thompson                                                                                                    
                                                                                                                                
And so, HCS CSSB 155(L&C) am H passed the House.                                                                                
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the roll                                                             
call on the passage of the bill be considered the roll call on the                                                              
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
HCS CSSB 155(L&C) am H was referred to the Chief Clerk for                                                                      
engrossment.