SB 34/LM (BR 414) - G. Tapp
AN ACT relating to home inspectors.
Create a new section of KRS Chapter 198B to require that home inspectors be licensed; define terms; establish the requirements of licensure; create the Kentucky Board of Home Inspectors; establish qualifications of board members; establish duties of the board including an annual licensing fee not to exceed $250; require certain support for the board from the Kentucky department of housing, buildings and construction; establish a revolving fund in the State Treasury for the use by the board; establish waiver of the licensing requirement under certain conditions; establish reciprocity with other states; establish license renewal criterion; require continuing education; prohibit a political subdivision from having a registration or licensing requirement or an employment fee for home inspectors; require the board to take disciplinary actions for noncompliance; establish that hearings be conducted in accordance with KRS Chapter 13B; establish that certain actions constitute a Class B misdemeanor under KRS 534.040; establish a one year statute of limitations for actions in tort or contract regarding home inspections; establish July 1, 2006 as the deadline for a home inspector to be licensed; and amend KRS 198B.030 to attach the board to the department.
SB 34 - AMENDMENTS
SCS/LM - Retain original language and add language to exclude certain manufactured home professionals from licensure; increase the board from 8 to 9 members; require that all fee-paid home inspections be conducted in accordance with certain standards of practice; clarify that political subdivisions are not prohibited from imposing an occupational license tax on a home inspector; require the general counsel of the Department of Housing, Building, and Construction to act as the legal adviser for the board; require that a cause of action be filed within 1 year from the time that the claimant knew or should have known that the inspection was deficient and delete certain exemptions from liability; prohibit inspector from writing in the initial home inspection report that any condition found is out of compliance with any building code enforced under KRS Chapter 198B; and create 7 new sections of KRS Chapter 411 to establish notice and opportunity to repair provisions.
SFA (1, G. Tapp) - Increase the number of board members from 8 to 9; add the Executive Director of the Office of Housing, Buildings and Construction, or his or her designee, as a board member; change the date for license renewal from July 15 to the last day of the licensee's birth month; and permit the board to establish an inactive license for licensees who are not actively engaging in the home inspection business but wish to maintain their license.
HCS/LM - Retain original provisions except revise make-up of Board of Home Inspectors to require that two members be licensed home inspectors or owners or managers of a home inspection company; and make technical corrections.
HFA (1, J. Adams) - Amend to grandfather in those persons who have been licensed under KRS Chapter 324 for at least 20 years.
HFA (2, L. Napier) - Retain original provisions of the bill; insert additional provisions that would allow persons who have served in the GA for 20 years and interned with a licensed attorney for one year to take the bar exam and, upon passing, be admitted to practice law.
HFA (3/Title, L. Napier) - Make title amendment.
(Prefiled by the sponsor(s).)
Jan 6-introduced in Senate
Jan 7-to Licensing, Occupations & Administrative Regulations (S)
Feb 19-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 20-2nd reading, to Rules
Feb 24-posted for passage in the Regular Orders of the Day for Wednesday, February 25, 2004; floor amendment (1) filed to Committee Substitute
Feb 25-passed over and retained in the Orders of the Day
Feb 26-3rd reading, passed 30-0 with Committee Substitute, floor amendment (1) ; received in House
Mar 1-to Labor and Industry (H)
Mar 4-posted in committee
Mar 9-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 10-2nd reading, to Rules
Mar 16-posted for passage in the Regular Orders of the Day for Wednesday, March 17, 2004
Mar 19-floor amendment (1) filed to Committee Substitute
Mar 23-floor amendment (2) filed to Committee Substitute, floor amendment (3-title) filed ; 3rd reading; floor amendment (1) rejected ; passed 63-32 with Committee Substitute
Mar 24-received in Senate
Mar 25-posted for passage for concurrence in House Committee Substitute for Friday, March 26, 2004
Mar 26-Senate concurred in House Committee Substitute ; passed 36-0
Mar 29-enrolled, signed by each presiding officer; delivered to Governor
Apr 9-signed by Governor (Acts ch. 109)