29 Jan Legislative Update – January 29, 2021
January 29, 2021
Friday, January 29th marked the 25th calendar day of the 2021 Legislative Session and we concluded a long week of committee work. This means that committee chairmen reviewed bills and determined which pieces of legislation to bring up in committee for consideration. While the deadline for bills to be reported out of committee is Tuesday, February 2nd, the bulk of the committee work was completed this week through virtual committee meetings. Both the House and Senate will reconvene on Monday in the afternoon and likely announce any last-minute committee meetings for Tuesday, February 2nd.
On Wednesday, January 27th, the House Ways and Means committee met and Chairman Trey Lamar called up HB 1137 (The Ad Valoreum Agricultural Land Bill) for consideration. Following his description of the bill, he stated that this legislation was initially opposed by the Mississippi Association of REALTORS®, but the agreed upon changes were accepted by the REALTORS®. The bill is now before the full House of Representatives for consideration and final passage.
On Thursday morning, the House Judiciary A committee met and REALTOR® legislator, Representative Clay Deweese was recognized to present HB 352 (The Home Inspector Background Check Bill) in committee. After his presentation of the bill, the bill passed out of committee and has been transmitted to the House of Representatives floor for consideration and passage.
Following the House Judiciary A committee meeting, the Senate Business and Financial Institutions committee met. Chairman Chris Caughman called up SB 2627 (The Home Inspector Background Check Bill) for consideration. This bill is identical to HB 352. After Chairman Caughman’s explanation of the bill and a brief discussion, HB 2627 passed out of committee and was transmitted to the Senate for consideration and passage.
At this point in the 2021 Legislative Session, ALL of MAR’s Legislative Priorities are alive and moving through the process!
After the deadline for committees to report on bills originating in their chamber passes, the House and Senate are expected to begin general floor debate on Wednesday, February 3rd until the next deadline on February 11th to have original floor action on bills originating in their own chamber (House bills need to pass out of the House and Senate Bills need to pass out of the Senate).
Here is a more detailed explanation of the 2021 Legislative Priorities and the status of the corresponding legislation:
1.Background Checks for Home Inspectors in Mississippi
Home Inspectors in Mississippi are not required to pass a background check to receive a license. In Mississippi, Real Estate licensees and Appraisers must pass a criminal background check before they are eligible to legally operate; however, Home Inspectors do not have to complete the same requirement. Like Appraisers or Real Estate Licensees, Home Inspectors have access to personal information, enter homes, and their licensing requires them to be “trustworthy.”
The Mississippi REALTORS® support legislation to require Mississippi Home Inspectors to complete and pass a background check in order to be properly licensed.
Committee Referral: House Judiciary A
Last Reported Action: Passed out of Committee on 1/28/2021
Committee Referral: Senate Business and Financial Institutions
Last Reported Action: Passed out of Committee on 1/28/2021
*The HB and SB language are identical.
2. Preventing a Property Tax Increase/Real Property Taxation
REALTORS® believe homeownership is the cornerstone of our national economy, including the economy of Mississippi. Homeownership contributes to community development, economic and employment stability and family security and wellbeing. Our tax laws should be constructed to provide increased opportunities for homeownership. The potential to raise property taxes for homeowners will negatively impact the home buying public in general and, in the end, the Mississippi economy.
The Mississippi REALTORS® urge the Mississippi legislature to continue to encourage homeownership by opposing any tax provisions that could potentially result in a tax shift to the real estate industry and property owners.
Committee Referral: House Ways and Means
Last Reported Action: Passed out of Committee on 1/27/2021
*After several meetings with the Mississippi Property Tax Alliance, the Mississippi Association of Tax Assessors and Tax Collectors, subject matter experts/ Agricultural Economists at Mississippi State University, Appraisers, and the Chairman of House Ways and Means, the Mississippi REALTORS® agreed on a proposal that codifies some existing regulations established by the Mississippi Department of Revenue and changes the current formula on how crop prices are determined from a 3 year average to a 10 year average. The agreed upon proposal is reflected in HB 1137. Mississippi REALTORS® government affairs staff will continue to monitor the bill as the process continues and report on any updates.*
In addition to the adopted 2021 Legislative Priorities, Mississippi REALTORS® government affairs staff, in consultation with the Legislative Advocacy Team, monitors and takes action when necessary in order to act on legislation or policies that advance the mission and vision of the association. Here are some of the bills LAT has identified to this point (this is not a comprehensive list as additional bills will likely be filed in the coming days):
SB 2792: Fresh Start Act of 2019; expand.
HB 1266: Occupational license; revise judicial review related to suspension of.
SB 2608: Occupational license; revise judicial review related to suspension of.
HB 953: Homeowners’ associations; regulate managing agents of and require financial reviews by.
HB 773: Landlord-Tenant; clarify that summons is only placed on door when tenant not found.
SB 2610: Liens; create statute of limitations for assessments by property owner’s associations.
SB 2637: Garbage liens; provide same assessments as ad valorem taxes.
In addition to the list of bills above, there are multiple bills that have been introduced for several years, but have yet to advance through the legislative process. Some of these bills are directly related to the real estate industry. Mississippi REALTORS® government affairs staff will continue to monitor and evaluate all legislation as legislative deadlines occur.
If you have questions about the legislative process or a question about the 2021 Legislative session, please email Mississippi REALTORS® Vice President of Government Relations, Clarke Wise at cwise@msrealtors.org.