September 29, 2004
2004 Mold Legislation
by MoldUpdate.com
(Disclaimer: This table is updated at least once a week. It does not purport to include all the toxic mold bills that may have been introduced across the country.)
State
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Bill #
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Bill Description
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Bill Status
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Louisiana
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HB 793
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Immunizes from liability, unless contractually agreed in writing otherwise, commercial and marine contractors licensed in the state for any personal injuries, property damages or any other claims related to mold or mold damage, arising out of work performed by the contractor on manufactured homes.
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Law; effective August 15, 2004
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Oklahoma
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HB 2554
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Prevents any one person from performing both mold assessment and mold remediation services for a consumer on the same property and structure. Additionally, any mold assessor or remediator would need to comply with a public statewide education program by distributing any educational materials made available by the program to customers.
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Law; effective July 1, 2004.
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Pennsylvania
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HB 1187
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Creates a task force on mold.
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Taken off table and retabled in House April 15, 2004.4/15
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South Carolina
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SB 949 (Similar to HB 4893)
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Specifies that no cause of action may be brought against a real estate licensee acting as a seller's or buyer’s agent, or advising an individual outside an agency relationship, who has truthfully disclosed to the seller, buyer or customer, respectively, any known material defect including, but not limited to, moisture or mold problems and conditions. No cause of action would be able to be brought against a real estate licensee by a seller, buyer, or customer for information contained in reports or opinions prepared by an engineer, land surveyor, geologist, wood destroying inspection control expert, termite inspector, mortgage broker, home inspector or other home inspection expert, or other similar reports.
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Law; effective January 1, 2005.
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Virginia
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HB 824
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Requires landlord disclosure to prospective tenants about visible evidence of mold in a dwelling. If the landlord reports no evidence of mold, and the tenant finds otherwise, the tenant can object in writing within five days. If the landlord reports visible evidence of mold, the tenant has the option of terminating the tenancy or accepting the unit in an ‘as is’ condition
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Law; effective March 29, 2004.
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