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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

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  #1  
Old 1/30/08, 11:31 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Here Comes The Kansas Bill

In Kansas they're re-introduced HB-2315 from last year. Same everything - except we've seen memo's from KAR where the Realtors have re-written language.

So it seems they may not putting out the real deal.

They've set up hearings for 2/6 & 2/7 at 9:15 AM in Topeka. They've not set up 2 days worth before. Must be planning for a fight OR plan on Realtors bussing in tons of folks to tell their horror stories about BAD home boys.
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  #2  
Old 1/31/08, 12:02 AM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Here Comes The Kansas Bill

If we can give you a hand in anyway just let us know.
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  #3  
Old 1/31/08, 12:11 AM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is offline
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Default Re: Here Comes The Kansas Bill

I am pleased that our association is mentioned in the bill http://www.kslegislature.org/bills/2008/2315.pdf

I'm also thrilled that the State of Kansas has reaffirmed the wisdom of the Master Inspector Certification Board (CMI)'s 1,000 inspection requirement by requiring the very same thing of their own licensing board members (page 3, line 42 & 43 of the Bill). www.certifiedmasterinspector.org



Nick Gromicko, Certified Master Inspector

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"Just as iron sharpens iron, one man sharpens another." Proverbs 27:17
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  #4  
Old 1/31/08, 3:22 AM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Here Comes The Kansas Bill

YES - Everybody is mentioned. In fact the Realtors last year actually had language in there that insisted that the HI Board have 1 member from each major home inspection group: NACHI, ASHI & NAHI.

BUT - we're told a certain ASHI member in the group the KAR was secretly working with to draft the Bill talked them into changing the language in the Bill to just saying 3 home inspectors. Imagine the Realtors being more fair to other inspectors than this group of guys (or maybe just 1 guy). I think the guy bragged to the legislators, realtors or other inspectors that would listen about how his dog got certified by NACHI.

I always wondered, EVEN if his dog did manage to get certified by NACHI - who filled out the application; signed it; wrote the check; and took the test on the computer for the dog. Sounds like either 99 yards of BS or a MUCH less than honorable type inspector.

I think the HI group pushing the Bill with the Realtors are hoping their realtor buddies can use their political influence to land the Board spots for their guys.
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  #5  
Old 1/31/08, 12:26 PM
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Nick Gromicko Nick Gromicko is offline
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Default Re: Here Comes The Kansas Bill

Actually, the ASHI ahole legitimately joined InterNACHI, then requested that we change his first name to his nickname, which of course we learned later was his dog's name. We've since struck a deal with a national law firm licensed in all 50 states. The firm gets 100% of everything they collect when they file libel/slander suits on our behalf such as www.nachi.org/pascum.htm Publicly disparage InterNACHI... lose your home.



Nick Gromicko, Certified Master Inspector

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"Just as iron sharpens iron, one man sharpens another." Proverbs 27:17
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  #6  
Old 1/31/08, 3:24 PM
Charley L. Bottger's Avatar
Charley L. Bottger Charley L. Bottger is offline
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Default Re: Here Comes The Kansas Bill

Quote:
Originally Posted by dbowers
In Kansas they're re-introduced HB-2315 from last year. Same everything - except we've seen memo's from KAR where the Realtors have re-written language.

So it seems they may not putting out the real deal.

They've set up hearings for 2/6 & 2/7 at 9:15 AM in Topeka. They've not set up 2 days worth before. Must be planning for a fight OR plan on Realtors bussing in tons of folks to tell their horror stories about BAD home boys.
I think all of my neighbors should be licensed; MO also. It is easier with Vaseline



Freedom Express Inspections LLC
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  #7  
Old 1/31/08, 6:58 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Here Comes The Kansas Bill

Quote:
Originally Posted by dbowers
YES - Everybody is mentioned. In fact the Realtors last year actually had language in there that insisted that the HI Board have 1 member from each major home inspection group: NACHI, ASHI & NAHI.

BUT - we're told a certain ASHI member in the group the KAR was secretly working with to draft the Bill talked them into changing the language in the Bill to just saying 3 home inspectors. Imagine the Realtors being more fair to other inspectors than this group of guys (or maybe just 1 guy). I think the guy bragged to the legislators, realtors or other inspectors that would listen about how his dog got certified by NACHI.

I always wondered, EVEN if his dog did manage to get certified by NACHI - who filled out the application; signed it; wrote the check; and took the test on the computer for the dog. Sounds like either 99 yards of BS or a MUCH less than honorable type inspector.

I think the HI group pushing the Bill with the Realtors are hoping their realtor buddies can use their political influence to land the Board spots for their guys.

Time to implement Plan A, Dan.

Good luck.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #8  
Old 2/1/08, 8:48 PM
John Cahill John Cahill is offline
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Default Re: Here Comes The Kansas Bill

Interesting bill. Has a few conflicts. Key points.

1 - You can pick your SoP
2 - liability limited to 12 months (very short)
3 - liability limited to $1,000 (insurance providers should be leaping for joy)

Weakness. A bundled service company (lawn, pest, pool, handyman) can do FREE inspections without being licensed and use home inspection to sell product.

Defintion of defect includes value. That is a dangerous term and needs to be tempered by an SoP.

I do like number 1, 2 and 3 above however.
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  #9  
Old 2/1/08, 9:20 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Here Comes The Kansas Bill

Quote:
Originally Posted by jcahill
Interesting bill. Has a few conflicts. Key points.

1 - You can pick your SoP
2 - liability limited to 12 months (very short)
3 - liability limited to $1,000 (insurance providers should be leaping for joy)

Weakness. A bundled service company (lawn, pest, pool, handyman) can do FREE inspections without being licensed and use home inspection to sell product.

Defintion of defect includes value. That is a dangerous term and needs to be tempered by an SoP.

I do like number 1, 2 and 3 above however.

LOL.....

Attractive bills entice support from the opposition so as to become law....then future modifications can be made to appease the trial attorneys wanting no dollar limits, no time limits, and mandatory E&O.

They probably learned that from watching how successful it played in Texas.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #10  
Old 2/2/08, 1:40 AM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Here Comes The Kansas Bill

Actually last year the Realtors at the next-to-the last minute raised the $1,000 to $15,000 - then at the last minute the Trial Attorneys stepped and AND tried to raise the Limits to "The Skys The Limit AND something like 3-4 Years on time. That helped the committee to drop the Bill on the floor.

We've been told by reliable inside sources that this year the KAR or their lobbying forces are asking the other players to sit on the sidelines: "Don't mess it up this year - Hold back - Lets us get them in the corral first".

Oh Boy, get out the KY-jelly.
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  #11  
Old 2/2/08, 11:24 AM
Charley L. Bottger's Avatar
Charley L. Bottger Charley L. Bottger is offline
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Default Re: Here Comes The Kansas Bill

Quote:
Originally Posted by dbowers
Actually last year the Realtors at the next-to-the last minute raised the $1,000 to $15,000 - then at the last minute the Trial Attorneys stepped and AND tried to raise the Limits to "The Skys The Limit AND something like 3-4 Years on time. That helped the committee to drop the Bill on the floor.

We've been told by reliable inside sources that this year the KAR or their lobbying forces are asking the other players to sit on the sidelines: "Don't mess it up this year - Hold back - Lets us get them in the corral first".

Oh Boy, get out the KY-jelly.
I noticed you on the Okla roster as being licensed in this State appears as if you may have two in your pocket when all is said and done. I have been through this twice once in 1975 with the licensing of HVAC and 2002 with HI. All of the ranting and yelling will not stop this from happening once the politicians are convinced it is the right thing to do. Before its over all 50 states will require licensing.

My only regret about licensing was I did not get involved in the SOP process I waited to long to apply for a board position the ASHI strong hold in OKC had already line up about 4 deep. My suggestion would be to get your hat in the board ring as early as possible if you can not stop it at least control some of the input. KY Jelly is better than dry.



Freedom Express Inspections LLC
CMOR Thermography Certified Level III #8486
freedomexpressinspections.com
www.oklahomathermalinfraredimaging.com
freedomexpress495@att.net
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State License # 130
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  #12  
Old 2/2/08, 9:23 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Here Comes The Kansas Bill

Sorry Charley, thats the opposite end of the state
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  #13  
Old 2/3/08, 1:12 AM
Charley L. Bottger's Avatar
Charley L. Bottger Charley L. Bottger is offline
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Default Re: Here Comes The Kansas Bill

Quote:
Originally Posted by dbowers
Sorry Charley, thats the opposite end of the state
Don't matter no further than Ponca City to OKC Would of gladly driven If I could of got on the board. Water under the bridge now



Freedom Express Inspections LLC
CMOR Thermography Certified Level III #8486
freedomexpressinspections.com
www.oklahomathermalinfraredimaging.com
freedomexpress495@att.net
NACHI Member
Okla. State DEQ Environmental Phase One Certified
Master HVAC Mechanic (Retired)
Certified Universal Freon by 40CFR 82 Sub-part F
State License # 130
Serving the States of Okla, Texas, Kansas, Missouri , Arkansas and New Mexico with Commercial Inspections,Thermal Imaging
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  #14  
Old 2/4/08, 8:11 AM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Here Comes The Kansas Bill

We were told today that the Realtors are bussing in agents from around the state (especially agents in the committees voting district) to tell HI horror stories - thats why they've got it set up for 2 days. They're trying to stack the decks.
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  #15  
Old 2/4/08, 8:44 AM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Here Comes The Kansas Bill

Quote:
Originally Posted by dbowers
We were told today that the Realtors are bussing in agents from around the state (especially agents in the committees voting district) to tell HI horror stories - thats why they've got it set up for 2 days. They're trying to stack the decks.
Use this as proof....to demonstrate your point....that their attempt to dominate home inspectors is an effort to legislate themselves into bigger sales and fewer "blown deals".

You have the results of a scientifically conducted survey of HIs from two years ago that should play well in response to their KAR orchestrated and rehearsed presentations.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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