California 2019-2020 Regular Session Status: In Committee

AB 1024 — Home Inspector Licensure Act.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law regulates a person who performs certain home inspections for a fee in connection with a transfer of real property. Existing law provides that it is the duty of a home inspector who is not licensed as a general contractor, structural pest control operator, or architect, or registered as a professional engineer to conduct a home inspection with the degree of care that a reasonably prudent home inspector would exercise. Under existing law, contractual provisions that purport to waive this duty, or limit the liability of the home inspector to the cost of the home inspection report, are contrary to public policy and invalid. Existing law prohibits commencement of a legal action for breach of duty arising from a home inspection report more than 4 years from the date of the inspection. Under existing law, certain activities by a home inspector or a company that employs a home inspector constitute unfair business practices. This bill would enact the Home Inspection Licensure Act, which would revise and recast those provisions, and would make the substantive changes described below operative on and after January 1, 2025. This bill would require the Department of Consumer Affairs to administer and enforce the provisions of the act. The bill would prohibit a person from acting or holding themself out as a home inspector unless that person has an active license, except as specified. The bill would make a willful violation of this provision a public offense punishable by imprisonment, by a fine not exceeding an unspecified amount, or by both imprisonment and fine. By creating a new crime, the bill would create a state-mandated local program. This bill would require an applicant for a license to, among other things, submit to the department an original completed application containing specified personal information, proof of completion of a prelicensing education course from an approved provider, and payment of an unspecified application fee. The bill would require a license issued to be valid for 2 years following the date of issuance. The bill would authorize a person to renew their expired license upon the filing of a completed renewal application containing proof of completion of a continuing education course from an approved provider and payment of an unspecified renewal fee, except as specified. The bill would authorize a licensee to apply for an inactive license, and would prohibit the department from requiring an inactive license to be renewed after the licensee pays an unspecified one-time retired license fee. This bill would authorize the department to enter into a reciprocity agreement with another state that authorizes a home inspector from that state to act or hold themselves out as a home inspector, if the department makes specified determinations and issues a temporary license to that home inspector that is valid for a period not exceeding one year. This bill would require the department to approve a provider of professional home inspection educational courses that meets certain requirements, and would authorize the department to remove the approval if the course provider has failed to comply with those requirements. The bill would require the department to provide on its internet website certain information regarding every licensee and course provider, as specified. This bill, instead, would prohibit commencement of a legal action for breach of duty arising from a home inspection report more than 2 years from the date of the inspection. The bill would require a home inspector, before beginning a home inspection, to provide to the client, and to obtain the client's signature on, an inspection agreement containing specified information. The bill would require a home inspector to provide an inspection report to the client on or before 5 days following the completion of the home inspection, unless a different date is specified in the inspection agreement. This bill would establish the Home Inspectors License Fund, and would require all fees, fines, and penalties collected pursuant to these provisions to be deposited into the fund, which the bill would make available for administration of these provisions, upon appropriation by the Legislature. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. Re-referred to Com. on APPR.

  4. Read second time and amended.

  5. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 16. Noes 1.) (January 14).

  6. Referred to Com. on B. & P.

  7. From printer. May be heard in committee March 24.

  8. Read first time. To print.

Sponsors

  • Frazier · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Frazier

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 16 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11102
Democratic 4000
Republican 1000
Total 16102
% of votes cast 84%5%0%11%
How each member voted (19)
Member Party Vote
Gloria — Yea
Mullin — Yea
Bloom — Yea
Fong — Yea
Chiu — Yea
Ting — Yea
Holden — Yea
McCarty — Yea
Cunningham — Yea
Eggman — Yea
Low — Yea
Obernolte — Nay
Medina — Not Voting
Brough — Not Voting
Arambula, Joaquin Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1024 do?
Existing law regulates a person who performs certain home inspections for a fee in connection with a transfer of real property. Existing law provides that it is the duty of a home inspector who is not licensed as a general contractor, structural pest control operator, or architect, or registered as a professional engineer to conduct a home inspection with the degree of care that a reasonably prudent home inspector would exercise. Under existing law, contractual provisions that purport to waive this duty, or limit the liability of the home inspector to the cost of the home inspection report, are contrary to public policy and invalid. Existing law prohibits commencement of a legal action for breach of duty arising from a home inspection report more than 4 years from the date of the inspection. Under existing law, certain activities by a home inspector or a company that employs a home inspector constitute unfair business practices. This bill would enact the Home Inspection Licensure Act, which would revise and recast those provisions, and would make the substantive changes described below operative on and after January 1, 2025. This bill would require the Department of Consumer Affairs to administer and enforce the provisions of the act. The bill would prohibit a person from acting or holding themself out as a home inspector unless that person has an active license, except as specified. The bill would make a willful violation of this provision a public offense punishable by imprisonment, by a fine not exceeding an unspecified amount, or by both imprisonment and fine. By creating a new crime, the bill would create a state-mandated local program. This bill would require an applicant for a license to, among other things, submit to the department an original completed application containing specified personal information, proof of completion of a prelicensing education course from an approved provider, and payment of an unspecified application fee. The bill would require a license issued to be valid for 2 years following the date of issuance. The bill would authorize a person to renew their expired license upon the filing of a completed renewal application containing proof of completion of a continuing education course from an approved provider and payment of an unspecified renewal fee, except as specified. The bill would authorize a licensee to apply for an inactive license, and would prohibit the department from requiring an inactive license to be renewed after the licensee pays an unspecified one-time retired license fee. This bill would authorize the department to enter into a reciprocity agreement with another state that authorizes a home inspector from that state to act or hold themselves out as a home inspector, if the department makes specified determinations and issues a temporary license to that home inspector that is valid for a period not exceeding one year. This bill would require the department to approve a provider of professional home inspection educational courses that meets certain requirements, and would authorize the department to remove the approval if the course provider has failed to comply with those requirements. The bill would require the department to provide on its internet website certain information regarding every licensee and course provider, as specified. This bill, instead, would prohibit commencement of a legal action for breach of duty arising from a home inspection report more than 2 years from the date of the inspection. The bill would require a home inspector, before beginning a home inspection, to provide to the client, and to obtain the client's signature on, an inspection agreement containing specified information. The bill would require a home inspector to provide an inspection report to the client on or before 5 days following the completion of the home inspection, unless a different date is specified in the inspection agreement. This bill would establish the Home Inspectors License Fund, and would require all fees, fines, and penalties collected pursuant to these provisions to be deposited into the fund, which the bill would make available for administration of these provisions, upon appropriation by the Legislature. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 1024?
AB 1024 is sponsored by Frazier.
What is the current status of AB 1024?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1024?
Track AB 1024 free on One Click Politics — get push/email alerts when it moves.

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