Senate Bill 2862

AN ACT TO CREATE A NEW SECTION TO BE CODIFIED WITHIN TITLE 73, CHAPTER 60, MISSISSIPPI CODE OF 1972, TO REQUIRE BACKGROUND INVESTIGATIONS FOR APPLICANTS FOR LICENSURE AS A HOME INSPECTOR; TO AMEND SECTIONS 73-60-11 AND 73-60-31, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PREVIOUS SECTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as a separate section within Title 73, Chapter 60, Mississippi Code of 1972:

73-60-__. (1) (a) To qualify for a Mississippi home inspector license, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination that the applicant does not possess a background which calls into question public trust, as provided in subsection (2) of this section, and verification that the prospective licensee is not guilty of, or in violation of, any statutory ground for denial of licensure as provided in Section 73-60-31.

(b) To assist the commission in conducting its licensure investigation, on or after July 1, 2020, all applicants for a Mississippi home inspector license, and all applicants for renewal of any home inspector license, shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the commission, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.

(c) All state or national criminal history records information obtained by the commission that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the commission, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the commission to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the commission to any other person or agency.

(d) The commission shall provide to the Department of Public Safety the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.

(e) The commission shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the commission in requesting and obtaining state and national criminal history records information on the applicant.

(2) (a) The commission must ensure that applicants for home inspector licenses do not possess a background that could call into question public trust. An applicant found by the commission to possess a background which calls into question the applicant's ability to maintain public trust shall not be issued a home inspector license.

(b) The commission shall not issue a home inspector license if:

(i) The applicant has had a home inspector license revoked in any governmental jurisdiction within the five-year period immediately preceding the date of the application;

(ii) The applicant has been convicted of, or pled guilty or nolo contendere to, a felony in a domestic or foreign court involving an act of fraud, dishonesty or a breach of trust, or money laundering:

1. During the five-year period immediately preceding the date of the application for licensing; or

2. At any time preceding the date of the application if, in the discretion of the commission following notice to the applicant and a hearing, good cause exists to deny or not renew licensure.

(iii) The applicant has failed to demonstrate character and general fitness such as to command the confidence of the community and to warrant a determination that the real estate broker or salesperson will operate honestly, fairly and efficiently within the purpose of these criteria.

(c) Applicants for a home inspector license or renewal of a home inspector license who hold any other license falling under the jurisdiction of the commission requiring a background check shall not be required to pay for more than one (1) background check during a calendar year.

(d) The commission shall adopt rules and regulations necessary to implement, administer and enforce the provisions of this section.

SECTION 2. Section 73-60-11, Mississippi Code of 1972, is amended as follows:

73-60-11. (1) An application for an original license shall be made in writing to the commission on forms as the commission may prescribe and shall be accompanied by the required fee and proof of liability insurance and errors and omissions insurance.

(2) To qualify for a license under this chapter, a person shall:

(a) Have successfully completed high school or its equivalent;

(b) Be at least twenty-one (21) years of age;

(c) Have successfully completed an approved course of study of at least sixty (60) hours that may include field work as prescribed by the commission;

(d) Have passed an examination as prescribed by the commission; * * *~~and~~

(e) Provide a certificate of insurance for errors and omissions and general liability insurance (in the required amounts) pursuant to Section 73-60-15; and

(f) Have passed a background investigation pursuant to Section 1 of this act.

(3) The commission must review each application for a license submitted to it and must notify each applicant that the application is either accepted or rejected. The commission must send notification of acceptance or rejections to the applicant at the address provided by the applicant in the application within thirty (30) days of receiving the application. If the application is rejected, the notice sent to the applicant must state the reasons for the rejection.

SECTION 3. Section 73-60-31, Mississippi Code of 1972, is amended as follows:

73-60-31. The commission may refuse to issue or to renew or may revoke or suspend a license or may place on probation, censure, reprimand, or take other disciplinary action with regard to any license issued under this chapter, including the issuance of fines for each violation, for any one (1) or combination of the following causes:

(a) Violations of this chapter or the commission's rules promulgated pursuant hereto;

(b) Violation of terms of license probation;

(c) Conviction of a felony or making a plea of guilty or nolo contendere within five (5) years prior to the date of application;

(d) Operating without adequate insurance coverage required for licensees; * * *~~and~~

(e) Fraud in the procurement or performance of a contract to conduct a home inspection; and

(f) Failure to submit to or pass a background investigation pursuant to Section 1 of this act.

SECTION 4. This act shall take effect and be in force from and after July 1, 2020.