Here Comes The Kansas Bill

[John Cahill]

Originally Posted by jbushart

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

Actually several other states required insurance long before Texas. I think Texas learned from other states. Texas has liability 2 years from point of discovery for all trades, not just home inspection.

Regulation is inevitable. Getting appointed to a board does nothing to stop industry decline. Last minute legislation by PACS with $$$ make the rules.

Home inspection is set up to be the property condition patsy at the expense of 90 hour training school graduates with insurance. It really is that simple. But you know all that . . . your posts are astute.

[James H. Bushart]

Here is an interesting case where tax dollars are spent setting real estate salespeople to oversee home inspectors....and then more tax dollars spent, later, after seeing how it's a bad idea.

You might be able to use this, Kansas.

[Dan Bowers, CMI]

The Realtors got this Registration Bill pushed out of committee this AM.

We can not use any language in service agreements that would limit our liability to under $10,000. Gosh thats a relief. Realtors were willing to settle for that, the trial attorneys wanted the sky.

They want mandatory E&O insurance OR a non-revocable letter of credit for $10,000 OR a Trust Fund like Agent have of $10,000.

The Board would be 5 people. One a realtor; 1 general public; and 3 HI's. The HI's would need 5 yrs HI experience immediately before the Bill is enacted; 1,000 inspections; and I'm told probably 5 yrs residency in Kansas. etc

In looking at NAHI & NACHI inspectors, that rules out most I can see for various reasons such as: they've done it for 10 yrs but Moved across the state line last year and only lived in Kansas for 1 year, etc, etc. That could mean only ASHI guys qualify for the Kansas Board - Maybe I read it wrong.

Oh well, the ASHI guy (Jeff Barnes) thats been working with the realtors on the Bill will surely straighten that out and take care of the other 2 groups.

[James H. Bushart]

You can always trust those ASHI leaders to do the right thing.

Remember, Dan. Always take the "high road" and do nothing to interfere with our brethren. We are NACHI and that is all it takes to make the world a better place to live. Fighting against ASHI's efforts is an evil thing to do.

[Dan Bowers, CMI]

I was not there so todays meeting is heresay, but was told that one of the committee members thought a 2 year Limit of Liability for us would be good.

This is confusing. The Engineering law in Kansas as most of you know, excludes 1&2 Family houses from the engineering laws. Engineers are not required to have E&O insurance OR ............., nor prohibited from limiting their liability by time OR $$$. They got themselves EXCLUDED from the Bill.

In the KC area we have about 20-23 licensed PE's doing inspections. Cool!

I was also told that Mr Barnes has provided them with some language that calls for 2 types of inspection type agreements. One to be given to clients when they sign the RE Contract kind of detailing in general what a HI will do, etc. Then you can present your regular inspector specific inspection agreement at the site. I was told that one person present at this committee meeting asked HOW the 1st contract would get signed, etc and someone (they thought it was Mr Barnes) said we may need to Rely on Agents to get it signed for us. Cool ..........................

[pcarter-old-04]

Correct me if I am wrong here, but rumor has it that a group of reators said a Home Inspection Board could be done in KS with 40 K a year, according to some membership rosters of ASHI, NAHI and NACHI there is less than 200 association related inspectors in KANSAS. In doing the math that at 200.00 (line 16 - 20 of 2315) per inspector and with 200 inspectors in Kansas that would be 40 k, I guess they are counting on a bunch of western MO inspectors, northern OK inspectors, southern NE and eastern CO inspectors to practise thier trade in KS in case a KS inspector quits..............

[Dan Bowers, CMI]

Last years preliminary fiscal review ESTIMATED it would take around $130,000 to run a HI Board if memory serves me correctly.

The Lobbyist from KAR (Luke Bell) said the realters had looked at similar sized Boards (175-250) and felt IF we had a PART-TIME Board, we could do it on $40,000 till we got bigger and could afford a FULL-TIME Board.

I thought it was nice that the realters PUSHING this and WRITING this along with Mr. Barnes from Witchta ASHI was willing to set us up PART-TIME.

[Dan Bowers, CMI]

For any Kansas home inspectors watching this thread - the KAR & Jeff Barnes group (KAREI - Kansas ASHI Association of Real Estate Inspectors) have ramrodded the Kansas Bill 2315 through the committee led by the Realtor from Wichita (Rep Brunk) AND it will be out on the House Floor tomorrow AM.

As you know the real revised Bill 2315 has been visible to KAR, leaders of KAREI, the trial attorneys association, and the commerce committee - BUT not to the rest of us. Its now on the Kansas Legislative web site.

If I read it right it takes 3 yrs and 300 inspections OR FULL membership in a NATIONAL ASSOCIATION approved by the BOARD to be grandfathered. Wonder who Jeff Barnes will approve.

The Board will be 5 members (3 HI's, 1 Realtor & 1 general public). The HI's must have been in business for 5 years and done 1,000 inspections.

Cool - wonder if any HI groups will NOT be represented on the Board

Oh and as you know we can't use language in the inspection agreements to limit our liability to under $10,000

[Nick Gromicko]

Is there a public hearing on this coming up? Do you want me to come? I'm an hour away.

[Dan Bowers, CMI]

Goes to House tomorrow AM

[Dan Bowers, CMI]

Gonna be a lot of screwed over newer inspectors in KS

WEnt to house this AM - sailed through - now aimed toward Senate.

[Dan Bowers, CMI]

Gonna be a lot of screwed newer inspectors in KS. It went through the House this AM - now enroute to Senate.

[jhugenroth]

It's always interesting to read about RE agents on state HI boards. Wonder how many inspectors there are on real estate boards...........

[James H. Bushart]

Originally Posted by dbowers

Gonna be a lot of screwed newer inspectors in KS. It went through the House this AM - now enroute to Senate.

Is there a plan to fight it there, or is it time to give up?

Governors have veto power. It may be time to start laying the groundwork there, as well.

[Blaine Wiley]

If you can get as many inspectors that are opposed to the legislation as you can to begin a telephone campaign to their state senators you should start that now. Have each of them follow up their phone call with an email and/or letter. Letters count more than phone calls, because it shows them someone took the time to write.

And yes, it is never too early to lobby the Governors office.

Good luck, Gentlemen.