04RS SB34


WWW Version

NOTE: The hyperlink to a bill draft that precedes a summary contains the most recent version (Introduced/GA/Enacted) of the bill. If the session has ended, the hyperlink contains the latest version of the bill at the time of sine die adjournment. Note that the summary pertains to the bill as introduced, which is often different from the most recent version.

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.


     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)

Kentucky Legislature Home Page | Record Front Page