Originally Posted By: jcockerel
This post was automatically imported from our archived forum.
I just found this out.
TN Home Inspector Licensing Bill Passes!
The Home Inspector License Act, TAR's priority legislation for
2005, was PASSED last week by both the Tennessee House and Senate,
and now awaits only Governor Bredesen's signature!
The Act will create education, testing, and ethical standards
for home inspectors, and is designed to allow open access to
licensure while ensuring a reasonable level of competency among
practitioners.
Under the legislation, to obtain a license, applicants will
have to complete 90 hours of pre-license education, pass a competency
exam, and obtain insurance for general liability and errors and
omissions. Licensees will have to complete 32 hours of continuing
education every two years.
For answers to any questions you may have about this bill,
please contact Rob Broome, TAR Director of Governmental Affairs, at:
rbroome@tarnet.com
And this...
April 1, 2005
MEMORANDUM
TO: Roger Williamson, President, East Tennessee ASHI Chapter
Gary Hart, President, Mid Tennessee ASHI Chapter
Donald Merritt, President, Mid South ASHI Chapter
FROM: Kathi Kilgore
RE: Tennessee Legislation Updates ? SB 0302 and HB 0006
As reported earlier, SB 0302 and HB 0006 are companion bills titled, ?The Tennessee Home Inspector License Act of 2005.? The bills would repeal the current Tennessee home inspector licensure regulations and set new licensing requirements.
The bills set forth definitions relating to home inspectors. The bills also defines the powers of the Commissioner of Commerce and Insurance in enforcing home inspectors regulations, issuing and suspending licenses, establishing educational standards, adopting a code of ethics and standards for home inspectors, and charging and collecting fees. The commissioner would also be authorized to appoint a committee of experts in the home inspection field to advise the commissioner with rulemaking.
The bills also create requirements for a person to apply for home inspector licensure. Applicants must furnish evidence that he or she is at least 18 years old and has successfully completed high school or equivalent. Applicants must have no convictions in relation to crimes that have direct bearing on the ability to perform as a licensee, and applicants cannot be the subject of a disciplinary or enforcement action in connection with the performance or licensing of home inspectors. In addition, applicants must obtain a certificate of insurance in an amount required by the commissioner for general liability and errors and omissions. Applicants are also required to complete a commissioner- approved 90-hour training program and examination. Persons possessing a contractor?s license issued by the Board for Licensing Contractors are exempt from the training program and examination requirements.
Under the bills, home inspector?s licenses would expire every two years. To renew one?s license, one must complete 34 hours of continuing education, obtain a certificate of insurance as required by the commissioner, and have not violated any rules or regulations regarding home inspectors. The bills also define the prohibited acts that may result in civil penalties, suspension, revocation or refusal of licenses.
HB 0006 History
HB 0006 was filed on January 11 by Representative Curtiss, and was introduced and passed first consideration on January 12. The bill was then referred to the Commerce Committee and the Committee on Government Operations for review. A hearing on the bill was held for February 16 in the Committee on Government Operations. The Committee recommended the bill for passage and referred it to the Commerce Committee. HB 0006 was then assigned to the Commerce Committee?s Small Business Sub-Committee. The Commerce Committee?s Small Business Sub-Committee held a hearing for HB 0006 on March 1.
On March 1, the Committee recommended the bill for passage with amendments. The bill was then referred to the Commerce Committee. The amendments included redefining ?home inspection report? by deleting the requirement that a home inspector estimate the remaining service life a system or component. The amended bill also deleted the requirement that a home inspector recommend how to remedy a system or component deficiency. The list of environmental hazards not included in a home inspection report was altered with the word ?mold? being replaced with ?fungus.? In addition, the subsection that exempts persons with a contractor?s license from pre-license education was deleted. In the list of prohibited acts, the amended bill would change ?Using a home inspection to deliberately obtain work in another field or profession? to ?Using a home inspection with the intention to obtain work in another field or profession.?
The amended bill also made changes in relation to the Commissioner of Commerce and Insurance. First, the word ?experts? was replaced with ?persons with at least five years? experience? when referring to the Commissioner?s advisory panel. The amended bill also directs the Commissioner to appoint at least one member from each of the various home inspector trade groups and adds language allowing the commissioner to accept a bond in lieu of a certificate of errors and omissions insurance. A new section was added, which authorizes the Commissioner to promulgate the necessary rules and the effective date was changed from January 1, 2006 to July 1, 2006.
On March 8, the Commerce Committee held a hearing on HB 0006 and recommended the bill for passage with amendments. Most of the language of the prior amendments was maintained. However, the provision allowing the Commissioner to accept a bond in lieu of a certificate of errors and omissions insurance was removed. In addition, the Commerce Committee further amended the bill by adding provisions regarding failure to timely pay home inspector license renewal fees. The new language states that if a home inspector fails to pay a renewal fee he or she may be reinstated without examination within 60 days after the license expiration date upon providing proof of payment. The Commissioner also has discretion in waiving reexamination and additional education requirements for those wishing to reinstate their license. The Commissioner may also impose penalty fees. The bill was then referred to the Finance, Ways & Means Committee.
HB 0006 was placed on the Budget of Finance, Ways & Means Sub-Committee?s calendar for March 16. At this meeting, the sub-committee recommended the bill for passage and referred the bill to the Finance Ways & Means Committee where a hearing was held March 22. At the March 22 hearing, the bill was amended to change the use of the word ?training? rather than ?program? when referring to continuing education requirements. This amendment, however, was later withdrawn. HB0006 was then recommended for passage if amended and referred to the Calendar and Rules Committee where a hearing was held March 29.
At the March 29 hearing, HB 0006 was substituted by its companion bill, SB 0302.
Here is a link to the introduced bill for your reference: [url]http://www.legislature.state.tn.us/bills/currentga/BILL/HB0006.pdf
Here is a link to the amended bill for your reference:
http://www.legislature.state.tn.us/bills/currentga/Amend/HA0041.pdf
Here is a link to the amendment that was withdrawn:
http://www.legislature.state.tn.us/bills/currentga/Amend/HA0088.pdf
SB 0302 History
SB 0302 was filed for introduction on February 1 by Senator Cooper. On February 2 the bill was introduced and passed first consideration. The bill was then referred to the Commerce, Labor and Agriculture Committee, where a hearing was held March 8. At the hearing, action on the bill was deferred until March 15. A Commerce, Labor and Agriculture Committee hearing was held March 15.
At the March 15 hearing, SB 302 was recommended for passage unanimously with amendments. The bill was then referred to the Senate Calendar Committee, which is responsible for scheduling bills and resolutions for consideration by the Senate. SB 302 was placed on the Senate calendar for March 23, and then referred to the Senate Finance, Ways and Means Committee. A hearing for the bill was held on March 29.
At the March 29 hearing, SB 302 was recommended for passage and placed on the Senate Calendar for March 31. The Senate added two additional amendments to the bill, both of which were later withdrawn. The bill passed the Senate unanimously. The bill was then enrolled and ready for signatures.
The amendments made at the March 15 hearing have been recently posted online. The amendments made are identical to those made to the companion bill HB 6 in early March. The amendments included redefining ?home inspection report? by deleting the requirement that a home inspector estimate the remaining service life a system or component. The amended bill also deleted the requirement that a home inspector recommend how to remedy a system or component deficiency. The list of environmental hazards not included in a home inspection report was altered with the word ?mold? being replaced with ?fungus.? In addition, the subsection that exempts persons with a contractor?s license from pre-license education was deleted. In the list of prohibited acts, the amended bill would change ?Using a home inspection to deliberately obtain work in another field or profession? to ?Using a home inspection with the intention to obtain work in another field or profession.?
The amended bill also made changes in relation to the Commissioner of Commerce and Insurance. First, the word ?experts? was replaced with ?persons with at least five years? experience? when referring to the Commissioner?s advisory panel. The amended bill also directs the Commissioner to appoint at least one member from each of the various home inspector trade groups and adds language allowing the commissioner to accept a bond in lieu of a certificate of errors and omissions insurance. A new section was added, which authorizes the Commissioner to promulgate the necessary rules and the effective date was changed from January 1, 2006 to July 1, 2006.
Here is a link to the introduced bill for your reference:
http://www.legislature.state.tn.us/bills/currentga/BILL/SB0302.pdf
Here is a link to the amended bill:
http://www.legislature.state.tn.us/bills/currentga/Amend/SA0101.pdf
Here is a link to the first amendment that was withdrawn:
http://www.legislature.state.tn.us/bills/currentga/Amend/SA0102.pdf
Here is a link to the second amendment that was withdrawn:
http://www.legislature.state.tn.us/bills/currentga/Amend/SA0165.pdf
cc: Bob Kociolek, ASHI Director of State Affairs
ASHI Legislative Committee Members
John