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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 66
BY SENATOR MILLS
COMMERCIAL REGULATIONS. Provides relative to the Louisiana State Board of Home
Inspectors. (8/1/14)
AN ACT1
To amend and reenact R.S. 37:1478(A) and to enact R.S. 37:1455(A)(36), relative to home2
inspections; to prohibit certain persons from recommending or referring a specific3
home inspector; to provide relative to the written home inspection report; to provide4
for certain terms, conditions, and procedures; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 37:1478(A) is hereby amended and reenacted and R.S.7
37:1455(A)(36) is hereby enacted to read as follows:8
§1455. Causes for censure, suspension, or revocation of license, registration, or9
certification10
A. The commission may censure a licensee, registrant, or certificate holder11
or conditionally or unconditionally suspend or revoke any license, registration, or12
certificate issued under this Chapter, levy fines or impose civil penalties not to13
exceed five thousand dollars, or impose continuing education requirements on14
licensees, registrants, or certificate holders if, in the opinion of the commission, a15
licensee, registrant, or certificate holder is performing or attempting to perform or16
has performed or has attempted to perform any of the following acts:17 SB NO. 66
SLS 14RS-396 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
(36) Engaging in any effort, including referral or recommendation of a2
specific home inspector, with the intent to deceive or defraud.3
* * *4
§1478. Written reports; solicitation prohibited5
A.(1) A licensed home inspector shall provide a written report of the home6
inspection to each person for whom the inspector performs a home inspection for7
compensation within five calendar days from the date of the inspection.8
(2) A licensed home inspector shall include in his written report of the9
home inspection the presence of suspected mold or microbial growth if during10
the course of inspecting the systems and components of the structure in11
accordance with the provisions of this Chapter and board rules and regulations,12
the licensed home inspector discovers visually observable evidence of suspected13
mold or microbial growth.14
* * *15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Mills (SB 66)
Present law provides that the La. Real Estate Commission may censure a licensee, registrant,
or certificate holder or conditionally or unconditionally suspend or revoke any license,
registration, or certificate issued under the La. Real Estate License Law, levy fines or impose
civil penalties not to exceed $5,000, or impose continuing education requirements on
licensees, registrants, or certificate holders if, in the opinion of the commission, a licensee,
registrant, or certificate holder is performing or attempting to perform or has performed or
has attempted to perform certain acts.
Proposed law provides that a licensee, registrant, or certificate holder shall be subject to the
provisions of present law if such licensee, registrant, or certificate holder engages in any
effort, including referral or recommendation of a specific home inspector, with the intent to
deceive or defraud.
Present law provides for the regulation of home inspectors.
Present law provides that a licensed home inspector shall provide a written report of the
home inspector to each person for whom the inspector performs a home inspection for
compensation within five calendar days from the date of the inspection.
Proposed law retains present law and provides that a licensed home inspector shall include
in his written report of the home inspection the presence of suspected mold or microbial SB NO. 66
SLS 14RS-396 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
growth if during the course of inspecting the systems and components of the structure in
accordance with the provisions of present law and board rules and regulations, the licensed
home inspector discovers visually observable evidence of suspected mold or microbial
growth.
Effective August 1, 2014.
(Amends R.S. 37:1478(A); adds R.S. 37:1455(A)(36))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Provides that if a licensee, registrant, or certificate holder of the Real Estate
Commission engages in any effort, including referral or recommendation of
a specific home inspector, with the intent to deceive or defraud such licensee,
registrant, or certificate holder shall be subject to discipline by the
commission.
2. Removes provision that provides relative to the scope of practice of home
inspectors.
3. Requires a licensed home inspector to include the discovery of suspected
mold or microbial growth in his written report of the home inspector if
during the course of inspecting the systems and components of the structure,
he discovers suspected mold or microbial growth.