LRB-2682/4
MED:ahe&cjs
2019 - 2020 LEGISLATURE
December 5, 2019 - Introduced by Representatives Brooks, Magnafici, Allen,
Brostoff, Novak, Sinicki, Skowronski, Spiros, Subeck and C. Taylor,
cosponsored by Senators Bernier and Olsen. Referred to Committee on
Regulatory Licensing Reform.
AB655,1,10 1An Act to repeal 440.9715 (title); to renumber 440.9715 (1) and 440.9715 (3);
2to renumber and amend 440.9712 (1), 440.9715 (intro.) and 440.9715 (2); to
3amend
440.9712 (title), 440.9712 (1m), 440.9712 (2), 440.972 (title) and (1)
4(intro.), (a) and (c), 440.972 (2), 440.973 (1), 440.973 (2), 440.973 (3), 440.974 (1)
5(a), 440.974 (2), 440.975 (3) (cm), 440.978 (2) (intro.), (a) and (c), 440.978 (4)
6(intro.), 440.978 (5) (intro.) and 440.979 (1); and to create 440.972 (1) (bg) and
7(br), 440.972 (1m), 440.974 (1) (ag) and (ar), 440.975 (3) (bm) and 440.975 (3)
8(cr) of the statutes; relating to: regulation of home inspectors, extending the
9time limit for emergency rule procedures, providing an exemption from
10emergency rule procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, no individual may act as a
home inspector, use the title “home inspector," use any title or description that
implies that he or she is a home inspector, or represent himself or herself to be a home
inspector unless the individual is registered with the Department of Safety and
Professional Services. Similarly, no business entity may provide home inspection

services, and no business entity may use the title “home inspectors" to describe the
business entity's services, unless each of the home inspectors employed by the
business entity is so registered. In order to become a registered home inspector, an
individual must not have a disqualifying criminal record and must pass an
examination approved by DSPS. The practice of home inspectors is governed by
statutes and by rules promulgated by DSPS. This bill does the following with respect
to the law governing home inspectors:
1. Requires home inspectors to be licensed, rather than registered. The bill
grandfathers current registrants in as licensees.
2. Requires, in order to be granted a home inspector license, that an individual
complete 120 hours of instruction and 40 hours of field training, as well as the
requirements under current law for a home inspector registration.
3. Provides for reciprocal licensure of home inspectors licensed in other states
who have comparable or more stringent requirements.
4. Adjusts the contents that a report submitted by a home inspector to a client
is required to contain, including by adding a number of required elements for the
report and requiring defects to be identified as such.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB655,1 1Section 1. 440.9712 (title) of the statutes is amended to read:
AB655,2,2 2440.9712 (title) Registration License required; exceptions.
AB655,2 3Section 2. 440.9712 (1) of the statutes is renumbered 440.9712 (1) (a) and
4amended to read:
AB655,2,95 440.9712 (1) (a) Except as provided in s. 440.9715 par. (b), no individual may
6act as a home inspector, use the title “home inspector", inspector,” use any title or
7description that implies that he or she is a home inspector, or represent himself or
8herself to be a home inspector unless the individual is registered licensed under this
9subchapter.
AB655,3 10Section 3. 440.9712 (1m) of the statutes is amended to read:
AB655,3,3
1440.9712 (1m) No business entity may provide home inspection services unless
2each of the home inspectors employed by the business entity is registered licensed
3under this subchapter.
AB655,4 4Section 4. 440.9712 (2) of the statutes is amended to read:
AB655,3,85 440.9712 (2) No business entity may use, in connection with the name or
6signature of the business entity, the title “home inspectors" to describe the business
7entity's services, unless each of the home inspectors employed by the business entity
8is registered licensed under this subchapter.
AB655,5 9Section 5. 440.9715 (title) of the statutes is repealed.
AB655,6 10Section 6. 440.9715 (intro.) of the statutes is renumbered 440.9712 (1) (b)
11(intro.) and amended to read:
AB655,3,1312 440.9712 (1) (b) (intro.) A registration license is not required under this
13subchapter for any of the following:
AB655,7 14Section 7. 440.9715 (1) of the statutes is renumbered 440.9712 (1) (b) 1.
AB655,8 15Section 8. 440.9715 (2) of the statutes is renumbered 440.1912 (1) (b) 2. and
16amended to read:
AB655,3,2217 440.1912 (1) (b) 2. An individual who constructs, repairs, or maintains
18improvements to residential real property, if the individual conducts home
19inspections only as part of his or her business of constructing, repairing, or
20maintaining improvements to real property and if the individual does not describe
21himself or herself as a registered licensed home inspector or convey the impression
22that he or she is a registered licensed home inspector.
AB655,9 23Section 9. 440.9715 (3) of the statutes is renumbered 440.9712 (1) (b) 3.
AB655,10 24Section 10. 440.972 (title) and (1) (intro.), (a) and (c) of the statutes are
25amended to read:
AB655,4,3
1440.972 (title) Registration Licensure of home inspectors. (1) (intro.)
2The department shall register grant a home inspector license to an individual under
3this subchapter
applicant if the individual applicant does all of the following:
AB655,4,54 (a) Submits an application for registration to the department on a form
5provided by the department.
AB655,4,96 (c) Submits evidence satisfactory to the department that he or she is not subject
7to a pending criminal charge, or has not been convicted of a felony, misdemeanor or
8other offense, the circumstances of which substantially relate to the practice of home
9inspection
subject to ss. 111.321, 111.322, and 111.335.
AB655,11 10Section 11. 440.972 (1) (bg) and (br) of the statutes are created to read:
AB655,4,1511 440.972 (1) (bg) Submits evidence satisfactory to the department that he or she
12has completed at least 120 hours of instruction approved by the department under
13s. 440.974 (1) (ag). No more than 60 hours of the required hours may be satisfied
14through remote learning, online programs or other comparable means that do not
15involve in-person, classroom instruction.
AB655,4,1816 (br) Submits evidence satisfactory to the department that he or she has
17completed at least 40 hours of field training approved by the department under
18under s. 440.974 (1) (ar) that is conducted by a home inspector licensed in this state.
AB655,12 19Section 12. 440.972 (1m) of the statutes is created to read:
AB655,4,2420 440.972 (1m) The department shall grant a home inspector license to an
21applicant who is licensed in good standing as a home inspector in another state if the
22applicant complies with sub. (1) (a), (b), (c), and (d) and the other state has licensing
23requirements that the department determines meet or exceed those required under
24sub. (1).
AB655,13 25Section 13. 440.972 (2) of the statutes is amended to read:
AB655,5,3
1440.972 (2) The renewal date for certificates licenses granted under this
2section is specified under s. 440.08 (2) (a) 38g., and the renewal fee for such
3certificates licenses is determined by the department under s. 440.03 (9) (a).
AB655,14 4Section 14. 440.973 (1) of the statutes is amended to read:
AB655,5,95 440.973 (1) No person may be registered licensed under this subchapter unless
6he or she passes an examination approved by the department. In approving an
7examination under this subsection, the department shall consider the use of an
8examination that is similar to an examination that is required for membership in the
9American Society of Home Inspectors.
AB655,15 10Section 15. 440.973 (2) of the statutes is amended to read:
AB655,5,1311 440.973 (2) The department shall conduct examinations for home inspector
12registration licensure at least semiannually at times and places determined by the
13department.
AB655,16 14Section 16. 440.973 (3) of the statutes is amended to read:
AB655,5,1715 440.973 (3) An individual is not eligible for examination unless the individual
16has satisfied the requirements for registration licensure under s. 440.972 (1) (a) to
17(c)
and (b) at least 30 days before the date of the examination.
AB655,17 18Section 17. 440.974 (1) (a) of the statutes is amended to read:
AB655,5,2119 440.974 (1) (a) Standards for acceptable examination performance by an
20applicant for registration licensure under this subchapter on an examination under
21s. 440.973 (1)
.
AB655,18 22Section 18. 440.974 (1) (ag) and (ar) of the statutes are created to read:
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