HB 250 (BR 1022) - A. Koenig, D. Keene, A. Simpson
AN ACT relating to the Kentucky Board of Home Inspectors.
Amend KRS 198B.030 to delete provision attaching the Kentucky Board of Home Inspectors to the Department of Housing, Buildings and Construction; amend KRS 198B.040 to conform; amend KRS 198B.700 to clarify the definition of "home inspection"; amend KRS 198B.702 to exempt fire protection sprinkler contractors, fire protection system certificate holders, or certified fire sprinkler inspectors and persons providing estimates for remodeling or repair; amend KRS 198B.704 to attach the board to the Division of Occupations and Professions for administrative purposes, revise the composition of the board, set the terms for board members, and permit the board to designate a secretary; amend KRS 198B.706 to require the board to clarify home inspection reports, to allow the board to issue or deny applications for licensure and renewal, and to specify disciplinary actions the board may take against licensees; amend KRS 198B.710 to conform; amend KRS 198B.712 clarify prohibition on unlicensed home inspection and require the board to specify license criteria in administrative regulation; amend KRS 198B.714 to give the board the authority to determine if other jurisdictions have similar licensing requirements; amend KRS 198B.722 to clarify requirement for a background check and specify that continuing education must be completed prior to applying for license renewal; amend KRS 198B.730 to allow the board to issue a cease and desist order prior to a hearing; amend KRS 198B.732 to specify that penalties apply only to unlicensed activity in Kentucky and to remove Housing, Buildings and Construction Legal Division as the board legal adviser; amend KRS 198B.738 to specify that home inspectors may not indicate compliance with the Kentucky Residential Code; amend KRS 198B.4005, 227.300, 227.530, 227.560, 227A.040, 236.030, 318.077, and 318.130 to conform; repeal KRS 198B.708.
HB 250 - AMENDMENTS
HCS - Specify that the Kentucky Board of Home Inspectors will be attached to the Office of Occupations and Professions in the Public Protection Cabinet for administrative purposes.
HFA (1, A. Koenig) - Reduce the number of representatives of the home builders association serving on the board from two to one and reduce the total number of members on the board by one; delete provisions for private admonishments.
SFA (1, J. Denton) - Retain original provisions, except repeal and reenact KRS 198B.730 to create a detailed procedural scheme for processing complaints against inspector licensees and holding any subsequent hearings concerning complaints; authorize hearings on inspector license denial or other discipline; conduct all administrative hearings and appeals in accordance with KRS Chapter 13B; require the board to publish an annual compilation of its decisions, actions, and orders concerning inspector licensee complaints; designate types of and reasons for disciplinary sanctions against inspector licensees; allow renewal or reinstatement of inspector licenses; permit board intervention when an unlicensed person attempts to conduct home inspections.
SFA (2, J. Denton) - Retain original provisions, except delete the new exemption that had been added to KRS 198B.702 for those providing estimates for remodeling or repair to residential dwellings; amend KRS 198B.704 to reduce the number of licensed home inspectors on the board from 5 to 4; add a separate home builder member to the board; redefine board member term limits as 6 years total rather than 6 consecutive years; make a majority of the members constitute a quorum rather than a majority of the current members; require a majority of the board rather than a majority of the board quorum to take official action; direct the board to adopt a board member code of ethics with standards not less than and consistent with KRS Chapter 11A; mandate that the board adhere to the opinions of the Executive Branch Ethics Commission; amend KRS 198B.706 to remove the requirement that a home inspection report list all of its exclusions with specificity; require that all courses of study and all applicable educational credits be individually approved, denied, or otherwise acted upon by an affirmative vote of the board; remove board authority to approve or deny standards of practice equal to the standards of practice of listed national organizations; amend KRS 198B.722 to rescind the added requirement that all background checks be conducted by the Kentucky State Police; remove all revisions to KRS 198B.738.
SFA (3, J. Denton) - Retain original provisions, except revise composition of the board to five licensed home inspectors and four members appointed by the Governor to represent home builders, real estate agents or brokers, the public at large, and the manufactured home industry; require an affirmative vote from a majority of board members for the board to take official action.
Feb 1-introduced in House
Feb 2-to Licensing & Occupations (H)
Feb 4-posted in committee
Feb 9-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendment (1) filed to Committee Substitute
Feb 10-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 11, 2011
Feb 18-3rd reading, passed 94-0 with Committee Substitute, floor amendment (1) ; received in Senate
Feb 23-to Licensing, Occupations, & Administrative Regulations (S)
Mar 1-reported favorably, 1st reading, to Calendar; floor amendments (1) and (2) filed
Mar 2-2nd reading, to Rules
Mar 3-floor amendments (1) and (2) withdrawn ; floor amendment (3) filed ; posted for passage in the Regular Orders of the Day for Friday, March 4, 2011
Mar 4-3rd reading, passed 37-0 with floor amendment (3) ; received in House; to Rules (H)
Mar 7-posted for passage for concurrence in Senate floor amendment (3) ; House concurred in Senate floor amendment (3) ; passed 96-0; enrolled, signed by each presiding officer; delivered to Governor
Mar 17-signed by Governor