Updates on Key Bills Making Their Way Through Sessions

by Bob Kociolek June 1, 2004

Alaska HB 555 On April 19, a bill relating to occupational licenses and fees was introduced in the Alaska House. HB 555 sets the fee limits the same for the issuance and renewal of a certificate of registration for specialty contractors, home inspectors, and associate home inspectors. On April 28 the Labor and Commerce Committee recommended HB 555 for passage by a vote of 4-2. The bill was then referred to the
Finance Committee.

HB 418 On February 2 a bill was introduced in the Alaska House that would extend the termination date of the Real Estate Commission relating to real estate, home inspectors, and real estate licenses to 2008. It was referred to the House Labor and Commerce Department. On February 26, the Commerce Committee amended HB 418 by inserting language that referred to the licensure of home inspectors. The amended bill allows for the proof of insurance coverage to be satisfied by providing evidence of coverage for the applicant’s employer. It also allows a licensee to renew an inactive license for 24 months from the anniversary date of issuance of the initial inactive license certificate. The licensee is also responsible for providing the Commission with current contact information for two years after the lapse, expiration, surrender, suspension or revocation of a license. A certificate under this amended bill is not valid for more than two years unless the licensee provides evidence of completion of continuing education requirements. The Committee adopted the amendment by a vote of 5-1. HB 418 was then referred to the Finance Committee.  

The Finance Committee amended HB 418 by further adding licensure requirements for home inspectors. The amendment eliminated the American Home Inspectors Training Institute exam as an “appropriate home inspection exam” and allows applicants for the home inspector certificates to submit with an application for registration documentation that the applicant has completed continuing education requirements. The amendment also allows the Department to issue certificates of joint registration to those who have passed the residential combination examination. The amendment also sets the fee for a license at $200. The amendment passed the Finance Committee by a vote of 7-3.

On April 14, HB 418 was referred to the Rules Committee for placement on the House calendar. It passed the House with by a vote of 38-0. HB 418 was referred to the Senate Labor and Commerce and Finance Committees. On April 29, the Senate Labor and Commerce Committee held a hearing on HB 418 and held the bill over for consideration. May 4, the Committee held a teleconference on HB 418 and moved it out of Committee to the Finance Committee.

California AB 2142  On April 20th, the Assembly Business and Professions Committee failed to pass AB 2142.

AB 1976 On April 13, the Assembly Business and Professions Committee failed to pass AB 1976 out of committee. However, the bill was granted reconsideration by the committee and a second hearing was to be held on April 20. AB 1976 was not taken up at that time. State ASHI leaders involved in following legislation tell us these bills will not be reconsidered this session.

Delaware HCR 58  On April 7, Representatives Hocker and Stone, and Senators Sokola and Amick introduced House Concurrent Resolution 58. HCR 58 establishes the Consumer and Commercial Home Inspector Task Force to determine the need for establishing a Board or Committee to regulate and license home inspectors in the State of Delaware. The task force will consist of nine members: three members from the House and Senate, as well as the presidents (or their designee) of the Delaware Association of Realtors®, Home Builder’s Association, Delaware State Chamber of Commerce, and American Society of Home Inspectors First State Association. The resolution establishes that the task force will issue a report to the General Assembly by November of 2004.

On April 7 HCR 58 was introduced in the House and was passed by a voice vote. It was then sent to the Senate where it was referred to the Executive Committee.

Florida S 2016 and its companion H 979 were licensing bills. As of April 30, both bills are dead.

Louisiana HB 1430
On April 13, Representative Bruneau introduced HB 1430 regarding civil actions against home inspectors. HB 1430 provides that no action for damages against any home inspector or home inspector company licensed in the state can be brought unless filed in a court of competent jurisdiction and proper venue within one year from the date of discovery of the act, omission, or neglect, but no later than three years from the date of inspection. It was assigned to the House Civil Law and Procedure Committee.

On April 27 the House Civil Law and Procedure Committee amended HB 1430 and voted the bill favorably out of Committee by a vote of 7-0. The amendments change the one-year prescriptive and three-year preemptive periods to a one-year prescriptive period beginning on the date the act, omission, or neglect occurred and adds a provision excluding inspections of new homes that are subject to the New Home Warranty Act. On April 28, HB 1430 was amended on the House floor and approved for a third reading. The amendment makes a technical change by deleting the words “pre-emptive period” and inserting the word “period” in its place. On May 3, HB 1430 passed the House by a vote of 101-0. The bill was then referred to the Senate.

Massachusetts SJ 1491 Three bills, S 415, H 1660 and H 3645 were combined and re-ferred to the Ways and Means Committee as SJ 1491. On March 3, SJ 1491 was referred to the Senate Steering and Policy Committee. On April 8, the Senate Steering and Policy Committee reported that SJ 1491 should be placed on Orders of the Day for the next session. On May 4, SJ 1491 was referred to the Senate Judiciary Committee.

Minnesota SF 2248 On April 19, the Senate State and Local Government Committee amended SF 2248 by deleting all home inspector provisions from the bill. The bill is now in the Senate Committee on Rules and Administration.
New Hampshire S F 492 requires home inspectors to annually register with the State Building Code Review Board. On April 20, the House Executive Departments and Administration Committee reported SB 492 unanimously out of committee with an unfavorable report. However, SB 492 will still be sent to the House floor for a vote on April 29. Typically, the House votes in concurrence with the Committee’s recommendation.

New Jersey S 1467 On April 29, Senator Sarlo introduced S 1467, which makes technical changes to the “Home Inspection Professional Licensing Act” that pertain to those individuals qualified to be “grandfathered” as licensed home inspectors.
S 1467 extends the deadlines for grandfathering requirements. It is the companion bill to A 2519 which was introduced in early March. The bill was referred to the Senate Commerce Committee.

Oklahoma H 2627 Last issue, we reported that this bill, originally introduced to effect minor technical changes to the Home Inspector Licensing Act, underwent significant change by substitution in committee. On March 10, it passed the House by a vote of 99-0, received its first reading in the Senate on March 11, and was referred to the Senate Business and Labor Committee. On March 29, the Senate Business and Labor Committee reported HB 2627 favorably out of committee with a technical amendment. On April 19, the Senate passed HB 2627 by a vote of 32-12. The bill went to the House for consideration of the Senate’s technical amendment. The House passed it with the Senate’s technical amendments by a vote of 94-0. On May 6, the Governor signed the bill into law.

South Carolina S 1061 The South Carolina Senate Committee on Labor, Commerce and Industry introduced a resolution that would approve regulations by the Department of Labor, Licensing and Regulations. S 1061 would approve regulation document number 2887, which makes technical changes to qualification requirements for home inspectors. It was read for the third time in the Senate and passed by a voice vote on April 6. The bill went to the House, where it was referred to the House Labor, Commerce and Industry Committee.


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