Louisiana 2017 2017 Regular Session

Louisiana Senate Bill SB257 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 328 (SB 257) 2017 Regular Session	Morrell
Prior law provided relative to the La. Home Inspector Board.
Prior law defined "home inspector" as any person who, in accordance with the provisions of
prior law, holds himself out as a home inspector to the general public or engages in the
business of performing home inspections on resale residential buildings for compensation
or who examines any component of a building, through visual means and through normal
user controls, without the use of mathematical sciences.
New law defines "home inspector" as any person who, in accordance with the provisions of
this Chapter, holds himself out as a home inspector to the general public or engages in the
business of performing home inspections on resale residential buildings for compensation
and who examines any component of a building, through visual means and through normal
user controls, without the use of mathematical sciences.
Prior law provided that board members shall be appointed by the governor from a list of
names submitted by the board of directors of the La. Chapter of the American Society of
Home Inspectors, the La. Realtors Association, the La. Home Builders Association, and the
La. Mortgage Lenders Association. 
New law adds a member at-large to the board and removes the ability of the board of
directors of the La. Mortgage Lenders Association to contribute to the list of names
submitted to the governor for appointment consideration. 
Prior law provided that members shall be appointed for six years.
New law reduces the length of the term from six years to four years.
New law provides that the board member from the 3
rd
 Congressional District who was
appointed to the board on July 27, 2012, is designated as the at-large member.  Further
provides that any vacancy of the at-large member caused by death, resignation, or disability
will be filled for the unexpired term by appointment by the governor.
Prior law provided that the board may charge and collect fees not in excess of certain
amounts. 
New law adds authorization for the board to collect credit card service fees not to exceed the
amount charged to the board by the financial institution.
Prior law required home inspectors to satisfy certain criteria.
New law retains prior law and adds that applicant shall submit a criminal background request
form to the office of state police.
Prior law provided that the term "licensed home inspector" along with the license number
shall appear on all advertising, correspondence, and documents incidental to a home
inspection.
New law retains prior law and adds that the term "licensed home inspector" or "L.H.I." shall
appear on reports.
Prior law provided for insurance requirements for home inspectors. 
New law provides that the board shall establish terms and conditions of errors and omissions
insurance coverage, including but not limited to the permissible deductible, limits of liability,
and permissible exclusions. Such terms and conditions of errors shall be established by rule
in accordance with the Administrative Procedure Act.
Prior law provided that each licensee shall be notified of the required terms and conditions
of coverage for the annual policy at least 30 days prior to the annual renewal date. Each
licensee who chose not to participate in the group insurance program administered by the board shall file with the board a certificate of coverage showing compliance with the required
terms and conditions of coverage by the annual license renewal date.
New law provides that each licensee shall file with the board a certificate of coverage
showing compliance with the required terms and conditions of coverage by the annual
license renewal date.
Effective August 1, 2017.
(Amends R.S. 37:1473(5), 1474(B) and (D), 1479(D), and 1481(A)(2) and (3); adds R.S.
37:1477(B)(8) and (C)(6))