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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 2/10/11, 10:55 AM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Illinois Senate Bill to Affect Home Inspectors

97TH GENERAL ASSEMBLYState of Illinois2011 and 2012
SB1806

Introduced 2/9/2011, by Sen. Pamela J. Althoff

See Index

Amends the Home Inspector License Act and the Regulatory Sunset Act.

Permits the Department to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department.

Provides that any formal complaint against a licensee filed with the Department or an order issued by the Department against a licensee or applicant shall be a public record.

Allows the Department to take action, including imposing fines not to exceed $25,000 per violation, if the individual meets the requirements for grounds for disciplinary action.

Grants the Department authority to petition the Attorney General or local State's Attorney office where a violation occurs to enjoin the violation or order enforcement compliance with this Act.

Provides that, on a showing of a possible violation, the Department may compel an applicant or a licensee to submit to a physical or mental examination.

Repeals provisions concerning the Home Inspector Advisory Board.

Creates peer review advisors that the Department may authorize to investigate complaints, revise the licensing examination at the direction of the Department, review training and qualifications of applicants, and interview witnesses, the complainant, and any licensees involved in an alleged matter.

Provides the Department the authority to issue subpoenas, administer oaths at Department hearings, or petition the circuit courts to order the attendance and testimony of witnesses.

Makes other changes.

Amends the Regulatory Sunset Act to extend the Home Inspector License Act from January 1, 2012 to January 1, 2022.

Effective immediately.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167

Last edited by jbushart; 2/10/11 at 12:17 PM..
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  #2  
Old 2/10/11, 11:29 AM
Gary Farnsworth Gary Farnsworth is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

It just really bugs me why all of these lawmakers have a "beef" about home inspectors. They should go after the source, which are home builders, contractors, and agents.



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  #3  
Old 2/10/11, 11:51 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

Nine of us were told by a Missouri legislator last winter that "It is not about what is right or wrong. It's about who has the money."

Follow the dollar back to the real estate associations and you will find those who want to control our industry.

It started with a minor law in Illinois that was hardly nothing. Take a course that teaches a test, pass the test, buy a license. Pretty simple.

Now, the updated law will eliminate the home inspector advisory board....will allow the state to hand pick competitors of yours to investigate any claims against you and decide your guilt and decide upon whether your license should be renewed or not....will make their investigation, good or bad, a matter of public record....allow them to collect $25,000 in fines from licensed inspectors.....and will empower them to require you to pass physical and mental examinations which, by this law, will also be a matter of public record if it is part of an investigation.

No matter how simple or benign it first appears....government control over your profession is never a good thing for your profession.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #4  
Old 2/10/11, 11:59 AM
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Joseph A. Ferry Joseph A. Ferry is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

Quote:
Originally Posted by jbushart View Post
Now, the updated law will eliminate the home inspector advisory board....will allow the state to hand pick competitors of yours to investigate any claims against you and decide your guilt
Can you spell Kangaroo?

Quote:
Originally Posted by jbushart View Post
....will make their investigation, good or bad, a matter of public record....allow them to collect $25,000 in fines from licensed inspectors.....and will empower them to require you to pass physical and mental examinations which, by this law, will also be a matter of public record if it is part of an investigation.
Can you guess where the funding for this is going to come from in a State that is insolvent?

Quote:
Originally Posted by jbushart View Post
No matter how simple or benign it first appears....government control over your profession is never a good thing for your profession.
Or for you.



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  #5  
Old 2/10/11, 12:47 PM
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Nick Gromicko Nick Gromicko is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

Illinois has a worse financial situation than Greece. They are totally broke. I don't think IL should be passing any legislation unless it disbands entire agencies of the state government.



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  #6  
Old 2/10/11, 1:11 PM
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Michael Larson Michael Larson is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

Quote:
Originally Posted by jbushart
No matter how simple or benign it first appears....government control over your profession is never a good thing for your profession.
Isn't Bushfart all for HI licensing in his own state?

Why yes he is.

http://www.nachi.org/forum/f13/why-s...censing-56880/



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  #7  
Old 2/10/11, 1:25 PM
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Bob Elliott Bob Elliott is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

Sen. Althoff named a "Guardian of Small Business"
Citing her strong support of the small business community, the National Federation of Independent Business (NFIB) has named State Sen. Pamela Althoff (R-McHenry) a “Guardian of Small Business.”

Must be true as she is after all a Republican.
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  #8  
Old 2/10/11, 1:37 PM
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Joseph A. Ferry Joseph A. Ferry is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

Yeah. I thought for sure she'd be a dopey Dem.



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  #9  
Old 2/10/11, 2:03 PM
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Christopher Currins Christopher Currins is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

Quote:
Originally Posted by jferry1 View Post
Yeah. I thought for sure she'd be a dopey Dem.
This assignment members is D controlled which is reason most of this Bill will never pass.

Short Description: HOME INSPECTOR LICENSE ACT

Senate Sponsors
Sen. Pamela J. Althoff

Last Action


2/9/2011SenateReferred to Assignments



Christopher Currins
Certified, Licensed

Proudly serving the St.Louis Metro

St. Charles, St. Peters, Maryland Heights,
O'Fallon, Florrisant, MO Home Inspector




BLESSED ARE THE CRACKED, FOR THEY ARE THE ONES WHO LET IN THE "LIGHT"!
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  #10  
Old 2/10/11, 2:12 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

Quote:
Originally Posted by ccurrins View Post
This assignment members is D controlled which is reason most of this Bill will never pass.

Short Description: HOME INSPECTOR LICENSE ACT

Senate Sponsors
Sen. Pamela J. Althoff

Last Action


2/9/2011SenateReferred to Assignments
Then there better be another bill. Your current law expires on 12/31/11. I don't think those collecting revenue, D or R, are going to let that happen.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #11  
Old 2/10/11, 2:27 PM
Christopher Currins's Avatar
Christopher Currins Christopher Currins is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

Quote:
Originally Posted by jbushart View Post
Then there better be another bill. Your current law expires on 12/31/11. I don't think those collecting revenue, D or R, are going to let that happen.
This one may be passed, but I'm sure not without alteration.



Christopher Currins
Certified, Licensed

Proudly serving the St.Louis Metro

St. Charles, St. Peters, Maryland Heights,
O'Fallon, Florrisant, MO Home Inspector




BLESSED ARE THE CRACKED, FOR THEY ARE THE ONES WHO LET IN THE "LIGHT"!
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  #12  
Old 2/10/11, 2:29 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

We will see very soon.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #13  
Old 2/10/11, 2:35 PM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

Quote:
Originally Posted by jbushart View Post
Nine of us were told by a Missouri legislator last winter that "It is not about what is right or wrong. It's about who has the money."

Follow the dollar back to the real estate associations and you will find those who want to control our industry.

It started with a minor law in Illinois that was hardly nothing. Take a course that teaches a test, pass the test, buy a license. Pretty simple.

Now, the updated law will eliminate the home inspector advisory board....will allow the state to hand pick competitors of yours to investigate any claims against you and decide your guilt and decide upon whether your license should be renewed or not....will make their investigation, good or bad, a matter of public record....allow them to collect $25,000 in fines from licensed inspectors.....and will empower them to require you to pass physical and mental examinations which, by this law, will also be a matter of public record if it is part of an investigation.

No matter how simple or benign it first appears....government control over your profession is never a good thing for your profession.
A mental evaluation? Poor Linas!
At least if Linas is locked up in a funny farm, Bob's stalking problem will go away.
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  #14  
Old 2/10/11, 2:38 PM
Bob Elliott's Avatar
Bob Elliott Bob Elliott is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

Quote:
Originally Posted by jbraun View Post
A mental evaluation? Poor Linas!
At least if Linas is locked up in a funny farm, Bob's stalking problem will go away.
Yeah but once they test me I may be along side him sharing a bunk.LOL
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  #15  
Old 2/10/11, 2:48 PM
Christopher Currins's Avatar
Christopher Currins Christopher Currins is offline
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Default Re: Illinois Senate Bill to Affect Home Inspectors

Quote:
Originally Posted by belliott View Post
Yeah but once they test me I may be along side him sharing a bunk.LOL
You will then be known as Bobby.



Christopher Currins
Certified, Licensed

Proudly serving the St.Louis Metro

St. Charles, St. Peters, Maryland Heights,
O'Fallon, Florrisant, MO Home Inspector




BLESSED ARE THE CRACKED, FOR THEY ARE THE ONES WHO LET IN THE "LIGHT"!
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