Bill Text: MS SB2588 | 2017 | Regular Session | Introduced
Bill Title: Termite inspections; clarify inspector's duty to client.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2588 Detail]
Download: Mississippi-2017-SB2588-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Business and Financial Institutions; Judiciary, Division A
By: Senator(s) Watson
Senate Bill 2588
AN ACT TO CREATE NEW SECTION 69-19-17, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATIONS OF PERSONS AUTHORIZED TO ISSUE A WOOD-DESTROYING INSECT INSPECTION REPORT; TO CREATE NEW SECTION 69-19-19, MISSISSIPPI CODE OF 1972, TO SPECIFY THE CONTENTS OF THE REPORT, PROVIDE FOR WARRANTY OF THE REPORT CONTENTS, AND PROVIDE FOR CIVIL LIABILITY THEREFOR; TO CREATE NEW SECTION 69-19-21, MISSISSIPPI CODE OF 1972, TO SPECIFY REMEDIES; TO CREATE NEW SECTION 69-19-23, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE TRANSFER OF LIABILITIES CONCURRENT WITH A TRANSFER OF ASSETS; TO AMEND SECTION 69-19-5, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 69-19-17, Mississippi Code of 1972:
69-19-17. Wood-destroying insect infestation inspection reports issued in conjunction with the sale or transfer of real property shall only be issued by a person licensed or employing personnel licensed in the category of wood-destroying organisms. Only those persons licensed in the category of wood-destroying organisms are authorized to conduct inspections for wood-destroying insect infestation reports.
SECTION 2. The following shall be codified as Section 69-19-19, Mississippi Code of 1972:
69-19-19. (1) A wood-destroying insect infestation inspection report issued evidences the presence or absence of visible wood-destroying insects and the presence or absence of visible damage caused by the insects noted on the day the inspection is made. Obstructions and inaccessible areas shall be so noted in the report.
(2) The wood-destroying insect infestation inspection report shall be submitted on forms prescribed by the National Pest Management Association and the Department of Housing and Urban Development. In addition to other information, the report shall include the address of the property, a graph or other diagram showing the layout of the property, the areas of damage or active infestation, if any, the name of the licensed or certified employee conducting the inspection, the pest control operator name, address and license number, the date of the inspection and any recommendations for corrective action.
(3) Notwithstanding any law to the contrary, a wood-destroying insect infestation inspection report is a warranty for ninety (90) days of the accuracy of any representations in the inspection report.
(4) The person to whom a wood-destroying insect infestation inspection report is issued may recover from the warrantor for breach of warranty compensatory damages, including all repair costs that are proximately related to the warranty as provided in Section 69-19-21.
(5) Any person knowingly issuing a false report or who issues a report without making a physical inspection of the site shall be liable in treble the amount of damages resulting from or incident to the breach of the warranty. The party injured by the breach may bring suit for the breach and for the damages.
SECTION 3. The following shall be codified as Section 69-19-21, Mississippi Code of 1972:
69-19-21. Disputes that cannot be resolved between property owners, lenders, trustees and persons issuing a wood-destroying insect infestation inspection report may be resolved in a court of appropriate jurisdiction. Before filing a suit for compensatory damages, the issuer of the report shall be given an opportunity to inspect the premises and to offer within thirty (30) days of the inspection a proposal for repair and treatment of the premises. Notwithstanding any other provision of law or rule to the contrary, if the property owner files suit before offering the issuer of the report an opportunity to inspect and propose repairs and treatments as required by this section, the issuer of the report shall have, in addition to the thirty (30) days in which to answer the complaint as provided in the Mississippi Rules of Civil Procedure, another thirty (30) days from the service of the summons and complaint within which to inspect and propose repairs and treatments before being required to answer the complaint. No property owner or lender shall be required to engage in an alternate dispute resolution process before filing a suit for compensatory damages.
SECTION 4. The following shall be codified as Section 69-19-23, Mississippi Code of 1972:
69-19-23. If the assets of a commercial pest control operation that issues wood-destroying insect infestation inspection reports or performs other services relating to wood-destroying organisms are sold or transferred or any servicing or financing rights are transferred, any contracts for wood-destroying insect infestation inspections or other services that are a part of the assets or that are subject to such servicing or financing rights shall be enforceable against the persons or entities to which the assets, servicing or financing rights are transferred.
SECTION 5. Section 69-19-5, Mississippi Code of 1972, is amended as follows:
69-19-5. Professional services are defined as follows:
(a) Entomological work. Receiving fees for advice or prescriptions for the control or eradication of any insect pest or rodent. Receiving fees for actual spraying, dusting, fumigating or any other methods used for the control or eradication of any insect pest or rodent. Wood-destroying insect infestation inspection work is a separate category of commercial pest control within entomological work. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition.
(b) Plant pathological work. Receiving fees for advice or prescriptions for the control or eradication of any plant disease. Receiving fees for actual spraying or any other methods used for the control or eradication of any plant disease. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition.
(c) Horticultural and floricultural work. Receiving fees for landscaping and setting of plants or for the sale of any plants for which the seller contracts to render future services.
(d) Tree surgery work. Advertising in a local phone book, newspaper, newsletter, bulletin or other prominently displayed sign as a licensed or bonded tree surgeon and receiving compensation for any work or consultation relative to the care, pruning, cabling, bracing, topping, trimming, fertilizing, cavity work and removal of ornamental trees and shrubs in any manner. Nothing shall prevent any person from performing such services as long as their advertising does not include the description licensed or bonded.
(e) Weed control work. Receiving fees for advice or prescriptions for the control or eradication of any weed. Receiving fees for actual spraying or other methods used for the control or eradication of any plant which grows where not wanted. When the majority of the income of an operation, business or individual comes from the actual operation of a farm and the sale of crops therefrom and, as a service to other farmers, these services are performed, such services shall not be included in this definition.
(f) Soil classifying work. Receiving compensation for plotting the boundaries of soil and describing and evaluating the kinds of soil as to their behavior and response to management under various uses.
SECTION 6. This act shall take effect and be in force from and after July 1, 2017.
