Governor signs HB 2260 in Kansas

[James E. Braun, CMI]

Looks like they might have to send the law back again. Why does it not surprise me?

[James H. Bushart]

We caught it a several weeks ago, but wanted to let the Guv sign it before calling anyone's attention to it. Think it will survive a thrid trip through the legislature?

[James E. Braun, CMI]

LOL .....

[Gary Farnsworth]

As stated in the "Conference Committee Report Brief" of April 1, 2009

"Add to the board's duties and powers the ability to investigate allegations of misconduct against an applicant AND registrant. The Board would have access to and the right to examine and copy ANY document, report, record or other physcal evidence of ANY inspector who is being investigated, as well as access to ANY document, report, record or other evidence maintained by and in the possession of ANY registered home inspector. In addition, the Board would be able to require the attendance and testimony of any registered home inspector."

If Mr. Barnes or any other board member shows up at my doorstep and demands any of my business records without a court subpena, I think I would have to show him what my boots can do. They, and he, are not a judge and jury.

[James H. Bushart]

Originally Posted by gfarnsworth

As stated in the "Conference Committee Report Brief" of April 1, 2009

"Add to the board's duties and powers the ability to investigate allegations of misconduct against an applicant AND registrant. The Board would have access to and the right to examine and copy ANY document, report, record or other physcal evidence of ANY inspector who is being investigated, as well as access to ANY document, report, record or other evidence maintained by and in the possession of ANY registered home inspector. In addition, the Board would be able to require the attendance and testimony of any registered home inspector."

If Mr. Barnes or any other board member shows up at my doorstep and demands any of my business records without a court subpena, I think I would have to show him what my boots can do. They, and he, are not a judge and jury.

What is interesting is that...if I refused to get a license....the law entitles Mr. Barnes to nothing from me. In fact, he is not even authorized to spend the state's time and money investigating me. He can only investigate "registrants". All other home inspectors are free from his nonsense.

[Kenny Rigler]

Originally Posted by jbushart

We caught it a several weeks ago, but wanted to let the Guv sign it before calling anyone's attention to it. Think it will survive a thrid trip through the legislature?

Forgive me for not being as well versed in Kansas government as I should. But when I read the law last night that was one of my questions since in section 9, paragraph (c) it says $10,000; but then in paragraph (e) it says $2,000. If the law is sent back, or it has to go through the legislature a third time, when would that happen?

I'm reading the version posted on the Kansas Home Inspector Registration Board site: http://khirb.wordpress.com/ .

[James H. Bushart]

Originally Posted by krigler

Forgive me for not being as well versed in Kansas government as I should. But when I read the law last night that was one of my questions since in section 9, paragraph (c) it says $10,000; but then in paragraph (e) it says $2,000. If the law is sent back, or it has to go through the legislature a third time, when would that happen?

I'm reading the version posted on the Kansas Home Inspector Registration Board site: http://khirb.wordpress.com/ .

Who knows?

[James E. Braun, CMI]

Originally Posted by krigler

Forgive me for not being as well versed in Kansas government as I should. But when I read the law last night that was one of my questions since in section 9, paragraph (c) it says $10,000; but then in paragraph (e) it says $2,000. If the law is sent back, or it has to go through the legislature a third time, when would that happen?

I'm reading the version posted on the Kansas Home Inspector Registration Board site: http://khirb.wordpress.com/ .

Hopefully the home inspectors will ban together and point out that this law is not protecting the consumer at all to the state because the state has no power over the unlicensed home inspectors. If the law is only going to regulate the willing than why even have the law? Or let me put it another way, laws are not put in place to encourage people who drive responsibly to be responsible drivers.
This law kinda makes no sense, when you think about it.

[James E. Braun, CMI]

Another thing to keep in mind, Kansas have a different governor now. He will most likely have different goals he wants accomplish. He probably is not bought and paid for by KAR like your last governor. He might actually want to protect the consumer and will have the courage to veto the bill.