April, 2002
Legislative News
Inspection News and Views from the American Society of Home Inspectors



Number of States with Home Inspection Legislative Activity on the Rise

BOB KOCIOLEK

The number of states with active home inspection legislation recently increased from 11 to 15. If you live in a state where regulation is being proposed, ASHI’s Legislative Committee members and staff are available to help you evaluate what is being proposed. For help, call me at 847-759-2820, or email your request to bobk@ashi.org. ASHI stands ready to assist the Membership in every way possible, including providing regular reviews of pending legislation.

Summaries of new and carried over bills

Alabama SB 85 is a licensing bill. We’d reported the bill had been referred to the House Commerce Committee for review in the House. On Jan. 23, this committee offered a substitute amendment, adopted the amendment, and recommended the bill for passage the same day. The bill is now awaiting further action by the full House. Its sponsor, Senator Barron, appears to be determined to get it passed this year, and the bill would become effective following its passage and approval by the governor.
Alaska HB 27 is a licensing bill. As last reported, it has been sitting in the House Finance Committee since Feb. 28, 2001. No further action has been taken.
California SB 1332 is a certification bill. We reported it had been referred to the Senate Committee on Rules. On Feb. 14, the bill was referred to the House

Committee on Business and Professions.

Maryland HB 868 would amend current home inspector licensing law in Maryland. The bill requires continuing education for inspectors, with a certificate of completion issued to verify an inspector had successfully completed an approved course. HB 868 was introduced by Representatives Fulton and Koch Feb. 7, and referred to the House Committee on Economic Matters. On March 4, the Committee gave the bill an unfavorable report and recommended it not pass the House. Its fate is uncertain.

Minnesota HF 3518 is a bill that would allow municipalities to certify homeinspectors for inspection of buildings housing four or fewer families. It authorizes municipalities to certify inspectors, and to require residential building owners (1-4 units) to select only certified inspectors to perform an inspection of a property. The bill also authorizes a municipality to require an owner or inspector to file a record of the inspection with the municipality.

HF 3518 was introduced by Representative Krinke Feb. 18, and referred to the House Committee on Local Government and Metropolitan Affairs. On Feb. 25, the Committee voted to recommend passage of the bill. It now awaits further action by the full House. It deserves close scrutiny. The Minnesota Association of Realtors® is pushing the bill as a way to spread liability risks to home inspectors. We don’t believe the association will stop here. We anticipate the association will soon push for full licensing. ASHI Members, be alert!

Missouri HB 1723 is a licensing bill. A hearing was held on the bill in February, but the Professional Registration and Licensing Committee took no action then or since then.

New Jersey A 567 is a bill intended to revise various provisions of the Home Inspection Professional Licensing Act. No action has been taken since the bill was referred to the Assembly Committee on Reg-ulated Professions and Independent Authorities.

New York A 02643, S 01669, A 07820 and S 03415 are carryover bills covered in my previous report. No further action has been taken on any of the them.
Ohio HB 29 is a licensing bill. No action has been taken since we reported the bill was referred to committee.

Oklahoma SB 1277, a bill that would amend current home inspection legislation, was referred to the Senate Committee on Business and Labor on Feb. 5. On Feb. 11 the Committee recommended passage, and forwarded the bill to the full Senate for further action.

Pennsylvania HB 2203 would amend current home inspection law. On Feb. 15 the Urban Affairs Committee offered an amendment to the bill that essentially made it identical to SB 1293, authored by Senator Dent. SB 1293 had been withdrawn. HB 2203 is now awaiting action by the full Senate.

Rhode Island S 2492 is a bill that would amend current law as it relates to the licensure of home inspectors. It requires an examination, proof of insurance against errors and omissions and general liability in specific amounts, establish eligibility and experiential requirements, and a license fee. The bill adds a provision requiring receipt of money for payment of fines to be distributed in an account that would be used to administer the program. S 2492 also provides for revocation of a home inspector license if a business fails to maintain errors and omissions and general liability insurance.

S 2492 was introduced by Senator Celona on Feb. 5, and referred to the Senate Corporations Committee. No further action has been taken on the bill.

South Carolina SB 237 is a licensing bill. On Feb. 14 the Senate Committee on Labor, Commerce and Industry offered an amendment, adopted the amendment, and recommended the bill for passage. It was amended again on Feb. 20, but the changes did not alter the home inspector licensure provisions in the bill. On Feb. 27, the Senate passed the bill and forwarded it to the House, where it was referred to the Committee on Labor, Commerce and Industry for review.

Tennessee SB 301 is a carryover licensing bill covered in my previous report. No
further action has been taken.