SB 1009 - Under this act, no person shall advertise or hold himself or herself out as engaging in or conducting business as a state-certified home inspector without first obtaining a certification issued by the Division of Professional Registration. No certification shall be issued to a partnership, association, corporation, firm, limited liability company, or group. No political subdivision shall require any home inspector to be state-certified under this act.
(Section 339.1301)
This act establishes the "Missouri Home Inspectors Fund" within the State Treasury. The Division shall collect and transfer all fees authorized in the act to the Director of Revenue for deposit into the fund. Such moneys in the fund shall be used solely for the purposes of the certification of state-certified home inspectors.
Any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the Division's funds for the preceding fiscal year.
(Section 339.1302)
Applications for the certification as a state-certified home inspector shall be submitted to the Division along with an application fee, and shall contain certain information set forth in the act, including proof of membership and good standing in a nationally recognized home inspection organization.
The Division shall investigate each applicant's qualifications, and if the results of the investigation are satisfactory the Division shall issue a certification. Certification shall remain valid for two years.
A certification as a state-certified home inspector shall be revoked or, in the case of an applicant, shall not be issued, if the home inspector or applicant has pleaded guilty to, entered a plea of nolo contendere to, or been found guilty of mortgage fraud.
(Section 339.1303)
The Division shall be required to mail a renewal notice to the last known address of each state-certified home inspector prior to the renewal date. Failure to provide the Division with the information required for renewal, or to pay the required renewal fee, shall result in the expiration of the certification.
(Section 339.1304)
State-certified home inspectors shall retain original or true copies of contracts engaging an inspector's services for inspector assignments and inspection reports and supporting data assembled and formulated in preparing inspection reports for three years and a day. Such records shall be made available for inspection and copying by the Division.
(Section 339.1305)
Any action to recover damages for any act or omission of a state-certified home inspector relating to a home inspection that he or she conducts shall be commenced within one year after the date of the inspection report.
Any person who knowingly violates the provisions of this act shall be guilty of a Class B misdemeanor.
Nothing in this act shall be construed to prohibit a person certified under this act from engaging in or conducting business as a state-certified home inspector, or from collecting payment for services rendered unless such person misrepresents himself or herself as a state-certified home inspector.
(Section 339.1306)
This act shall become effective January 1, 2021.
This act is substantially similar to HB 2299 (2020).
JOSIE BUTLER