Congratulations, Kansas...It's Being Sent Back, Again!!!

[James H. Bushart]

The small group of ASHI inspectors once led by Jeff Barnes has announced that the flawed legislation that is being enacted to enrich a few at the expense of many.....is being returned to the legislature.

This will be the second time that this law has been bounced back...and it is undoubtedly your LAST time to let your legislators know that it needs to die on the floor of the House and not be sent to the Governor.

You can go to this forum for links to the many news articles and comments that oppose the law. Copy these links...or copy the posts....and send them to as many legislators as you can. Of special interest to them might be the North Carolina broadcast that shows how special interests are using legislation to help themselves at the expense of the consumer.

Tell them that you are counting on them to stop this bill from becoming law.

For encouragement...here is the ASHI lamentations regarding your efforts, so far. It's fun to read.

Originally Posted by ashi_members_pushing_bill

It is only through KAREI’S efforts and effective lobbying that we were able to get our contentious
legislation passed. There are virtually 100’s of Realtors and trial attorneys for every home inspector; and many with
opposing views have lobbied intently against our every effort.



Bernard Koops (attorney/lobbyist) reviewed the State’s failure to change the limit of liability disclaimer amounts
from $10,000 to $2,000 in the published version of HB2260. He found that the Senate Journal entries identified the
desired changes, but they were not fully completed by legislative staff. Working with Julie Hein (lobbyist) in their
careful review of the entire document they also uncovered an additional location where amounts should have been
changed (i.e., in Sec. #4 regarding possible disciplinary provisions against a home inspector for failure to abide by
rules and disclaiming liability to less than $10,000). We must legislatively correct this oversight and the errors made
by our Legislator’s staff as it creates ambiguity that might be exploited by litigants with claims against home
inspectors. It is absolutely imperative that we maintain an effective lobbyist that can help us make these changes,
further promote the business interests of all Kansas home inspectors, monitor for unwanted legislation, and keep
tabs on opposing factions.

[Gary Farnsworth]

Next month, when the Kansas legislature starts, we must monitor the ledger to see when hearings and committee meetings start, to attend and be involved. SB329 is still in play, and attendence at these committee meetings is important. Many facets of the original HB 2260 have been discussed in this off-season by many in the legislature, including the Sec. 7 which exempts many industry professionals from home inspection laws, and the provision that gives the board rights to any document, report, or record in the possession of any home inspector. There is also a line in the report that says that "the officers shall serve 12 month terms". Mr. Barnes term is up.

Lawmakers are also not happy about the number of inspectors registering, at only 50 so far; they were expecting many more than that, as stated by Mr. Barnes and his special interest groups. When he gives himself the number one inspector designation, and brags about it, dragging his feet on the educational requirements that have yet to be decided, lawmakers are not happy. The budget in Kansas has no money, and if Mr. Barnes asks for funds due to lack of members, well, you guess.

Look also for some simular legislation introduced next month in Missouri. We will be busy this year. We must let the public know of these un-needed laws in Kansas and Missouri that only benefit the livelyhoods of board members, special interests, and will only hurt consumers, and not benefit them at all, which violates oaths of office by lawmakers.

[James E. Braun, CMI]

I wonder with all the money that inspectors have sent in to Barnes for registration, what will happen with these monies? I heard Molly wants a silk doggy bed and a self feeding purified watering bowl for Christmas.

[Gary Farnsworth]

I heard that she is not feeling very well: swine flu perhaps.

[James H. Bushart]

Originally Posted by gfarnsworth

Next month, when the Kansas legislature starts, we must monitor the ledger to see when hearings and committee meetings start, to attend and be involved. SB329 is still in play, and attendence at these committee meetings is important. Many facets of the original HB 2260 have been discussed in this off-season by many in the legislature, including the Sec. 7 which exempts many industry professionals from home inspection laws, and the provision that gives the board rights to any document, report, or record in the possession of any home inspector. There is also a line in the report that says that "the officers shall serve 12 month terms". Mr. Barnes term is up.

Lawmakers are also not happy about the number of inspectors registering, at only 50 so far; they were expecting many more than that, as stated by Mr. Barnes and his special interest groups. When he gives himself the number one inspector designation, and brags about it, dragging his feet on the educational requirements that have yet to be decided, lawmakers are not happy. The budget in Kansas has no money, and if Mr. Barnes asks for funds due to lack of members, well, you guess.

Look also for some simular legislation introduced next month in Missouri. We will be busy this year. We must let the public know of these un-needed laws in Kansas and Missouri that only benefit the livelyhoods of board members, special interests, and will only hurt consumers, and not benefit them at all, which violates oaths of office by lawmakers.

You have some good solid points, Gary.

Hopefully, those who have been too frightened in the past will have learned that their silence only added to the misery and didn't help preserve their flow of referrals.

It's a bad law...it is overseen by bad people....and it is in place for the wrong reasons.

We need each and every Kansas lawmaker to read the recent articles and the comments attached to them.

[Dan Bowers, CMI]

Just to clarify some points on the $2,000 / $10,000 issue as I was the person in those Senate hearings for 4-5 days in a row justifying and arguing for the change.

The state drug their feet and never had the full UNMARKED wording of the Bill up on the web to view for months after the Bill was signed. As soon as it was posted, I saw the typo's (as did others) and contacted MANY legislators, etc about correcting this (I had the Senates notes and a copy of their officially recorded votes on changing the $10,000 to $2,000).

I was told that due to the states legal procedures that this could NOT be simply changed (WHY - it was a screw-up on the recorders part / SO WHY NOT CORRECT THEIR foul-up) BUT would be brought up again this year to correct. So this is old news / We knew it was coming.

This is NOT stopping an existing BILL - Just modifying it. Hit us with the new stuff.

[James H. Bushart]

When the bill goes back to fix those things that you knew to be wrong with it, there are legislators who can address how it is being implemented as well.

They all need to hear from us.

The fight is still alive.

[Dan Bowers, CMI]

By the time it goes back, it will already be off and running. Who exactly is gonna be taking days off to go out there in PERSON at these hearings OR taking the days off and meeting with legislators in PERSON to do the arguing. I've done it for 4 years WITH little help and I don't have the time anymore.

[Dan Bowers, CMI]

I've come to learn, if you're not there in person / Its just noise.

[James H. Bushart]

Well, guys....it looks like the people who were not able to stop the bill in the past are challenging others to see if they can do better.

While it will be important to make a showing, it will also be important to let the legislators see that they do NOT have total support from the press on this. The KC Star has come out in question of the motivation behind the law, itself, and the poor way it has been implemented and managed.

We did not have that ammunition, before, and we need to use it to educate.

[Dan Bowers, CMI]

I'm sorry if I tried to be too polite and didn't get straight to the point and say this clearly enough.

Those of us that were out there at the state capitols in BOTH Kansas and Missouri giving up our home inspection time and $$$$$$ for legislative meetings for the past 5 to 6 years in a row; meeting one-on-one with legislators from around the 2 states; holding 5 or 6 meetings for mixed groups of home inspectors in BOTH Kansas and Missouri to update the NACHI, ASHI, NAHI and unaffiliated inspectors on the goings on in both states; ASKING these inspectors for help working on committee's, writing letters, calling legislators, attending the legislative hearings / We came to realize one blatant, hardcore fact of life.

Many fellow inspectors would complain BUT never get off their butt and go out and do anything ................... That might have cost them an inspection that day UNLESS they tried to reschedule it (God Forbid they take a chance and upset the realestator). That would NOT have even been so bad, if they had just joined the groups fighting for THEM.

If memory serves me correctly / ONLY about 40-50 inspectors in either Kansas OR Missouri joined their respective groups. That left us without funds to do mailings to legislators, hire a lobbyist, etc. ASHI on the other hand hired a lobbyist and worked the crowd.

Even as active as Jim Bushart has been in writing letters or sending emails to the news media, etc. Jim has only been seen at 1 legislative meeting in the past.

Many other inspectors made lots of noise on bulletin boards or contacting the media BUT never showed up when needed / where it counted. I could count on the fingers on both hands (not thumbs / just fingers) how many home inspectors EVER showed up in EITHER state at legislative hearing to testify or help us fight.

So - those of us that have helped hold licensure off for over 5 years in Kansas and 7 years in Missouri, NOW officially give OTHERS our permission to get up, take your turn AND get out there in PERSON into the trenches.

We need BODIES out there / Not just noise.

[James E. Braun, CMI]

I got questions: If this law goes back to the legislature is it still in affect while it is being rewritten? Would they not have to submit a whole new bill?

[Gary Farnsworth]

Everyone has questions; not one lawmaker wants to answer.

[Scott Patterson]

Originally Posted by jbraun

I got questions: If this law goes back to the legislature is it still in affect while it is being rewritten? Would they not have to submit a whole new bill?

Most likely not. It would go back as a "housekeeping" bill, this is a term that is used by the legislator's for a bill that is used to clean up the verbaige in the original bill. What has happened is not all that uncommon and it happens from time to time.

About the only way to know for sure is to contact the State AG's office.

[Dan Bowers, CMI]

James Braun -

Yes its in play while any changes are being made.