Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB66 Comm Sub / Analysis

                    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 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.