Kansas HB 2260 Revisions

[Gary L. Farnsworth, CMI]

Hot off the press:

http://www.kslegislature.org/supplem...010/SN2260.pdf

Fingerprinting out. Chairman has to be a registered home inspector. Still gives the board a lot of power. Or should I say Mr. B.....s and ASHI.

[James H. Bushart]

"There was no one appearing in opposition to the bill."

Why the f not?

[Gary L. Farnsworth, CMI]

One got sick, the other had a relative that had a heart issue. They will accept written oposition to the revisions. I was there, but I did not register ahead of time, due to the fact that there was only 3 days notice. I believe the hearing of April 17 is still in play. I will be there for that one.

[Nick Gromicko]

What is required to be grandfathered?

[Dan Bowers, CMI]

Gary -

I could swear I was there and spoke in opposition - Silly me - Drunk again.

[Dan Bowers, CMI]

Lets read the BOLDED parts again.

Authorize the Board to approve courses of study,
educational providers and providers of continuing education
through rules and regulations (In addition, the Board could
contract with agencies or consultants to assist the Board in
obtaining information about educational providers.);

Allow the Board to deny, suspend or revoke a registration to
anyone convicted of a misdemeanor involving dishonesty or
any felony. Exceptions could be made if the Board
determines the registrant has been sufficiently rehabilitated
and will not pose a threat to the public in the capacity as a
home inspector.

Denial also could be based on the following:

"

Failing to perform a sufficient home inspection; ??????

"

Inspecting for a fee any property in which the home
inspector has a personal or financial interest, unless the
interest is disclosed in writing;

"

Offering a kickback or referral fee;

"

Accepting work to perform an inspection where the fee
is contingent upon the report’s findings;

"

Disclaiming liability for any errors and omissions which
may arise during an inspection to less than $10,000 in
the aggregate;

"

Failing to substantially follow the approved standards of
practice and code of ethics; or

"

Failing to respond to the Board when summoned or to
produce documents during an investigation;

!

[Dave Bush]

I don't believe I have read anything that shows a grandfathering clause for anything Nick. All inspectors must meet all of the rules. There is nothing to grandfather.

[Gary L. Farnsworth, CMI]

Sorry, Dan. You were there, and you did speak on behalf of us. But since Mr. B....s took all of the time, you could not say what you wanted (or felt like). I believe on HB 2315 there was a provision to allow experienced inspectors to by-pass the education part of the requirements. I think that has been taken out. So, if you have perfromed 10 inspections, or 10,000, you need to take the "board" test. These words in these bills can be defined in several ways. I just love the phrase "disclaiming of liabilty for ANY errors and emissions to less than $10,000". This means that every business contract negotiated in the state of Kansas is illegal. If our liability is limited, and stated as such, so is every other business, car plant, airplane manufacturer and Tom, Dick and Harry. This is not over yet.

[dharris]

Originally Posted by jbushart

"There was no one appearing in opposition to the bill."

Why the f not?

Busshy.. Welcome to the world of HI licensing. For or Opposed.
Guess it's easier to bit-h on HI sites and start blogs bashing inspectors that take the time to have their voice heard, opposed to taking the time it takes to have their own voice heard.

[James H. Bushart]

Gary...please keep this in mind.

All of the objections you raise have been raised before and were ignored. No one is going to give a rats ***** about the fairness of the liability issue, ASHI's involvement in the process, secrets revealed from committees, or anything else.

The Governor has already approved the bill once and, unless substantially changed (which it wasn't) has no reason to pay attention to these issues, again.

The important factor...and probably the only one that matters to the Governor as well as the citizens of Kansas....is the fiscal crisis that your state is in NOW that is was not in BEFORE.

Without knowing how many inspectors there are, there is no way of knowing what this bill will cost the state....at a time when the state cannot even pay its citizens their tax refunds that are owed to them.

These are the issues that need to be continuously hounded to every legislator....to the governor...and to the media, over and over and over.

If all you guys do is repeat the same mantra that you did before, you can expect the same result.

It's not about Barnes....it's not about ASHI.....it's not about liability, realtors or fairness.

It's the state budget. Period.

Shout it out in letters and emails sent daily. Call your stations continuously. Get your freinds and family to do the same until someone picks up on it.

They will care about wasted tax dollars...today...where they did not before.

Missouri is not in nearly the amount of financial trouble as Kansas...but with our deficit at a quarter of a billion dollars, Mike Parson cannot find any backer at all for a licensing bill after two consecutive years of bi-partisan support. Legislators all over the state are refusing to discuss any measure that will cost the state that has nothing to do with helathcare or childcare issues.

This economic crash could have not come at a better time for those of us fighting these useless HI laws. You got a second chance when your Attorney General kicked it back to the legislature. Don't blow it by trying to present all of the same arguments that you guys did that got you a law signed by the Governor.

[Joe Farsetta]

Dan B,

At least one other state has a strict rule that any limitation of liability clause in a contract can cost you your inspector's license.

That state is Massachusetts.

There is already precedent for this type of punishment.

Kanses would have been better off simply stating that E&O insurance is a requirement, and no inspector may limit his/her liability to an amount less than $10,000.

[Nick Gromicko]

Dave Bush writes:

I don't believe I have read anything that shows a grandfathering clause for anything Nick. All inspectors must meet all of the rules. There is nothing to grandfather.

Click on http://www.kslegislature.org/supplem...010/SN2260.pdf then do a search for the word grandfather. "Proof of membership" in what?

[James H. Bushart]

Originally Posted by gromicko

Dave Bush writes:

Click on http://www.kslegislature.org/supplem...010/SN2260.pdf then do a search for the word grandfather. "Proof of membership" in what?

LOL......

Nick. Do you mean that the legislators forgot to address Grandfathering in regard to the terms that the AG found illegal and returned the entire bill to them?

If so...we might want to bring this up AFTER the Governor signs it, again.

[Dan Bowers, CMI]

Jim -

That might have been a good idea until it was BROADCAST on here. Then the ammo was shot before the battle fully was over.

[Joe Farsetta]

Okay, Dan....

Lets keep things very, very quiet... so no one knows anything.

Ridiculous.

Kansas inspectors had better stop sitting on the fence and "observing". The only thing you will be certain to observe is your livlihoods controlled by others.

Those who voluntarily sit quietly, when in a position to affect change, provide a terrible disservice to their fellow inspectors.

Remember playing "ding-dong-ditch" as a kid? You know... when you ring someone's doorbell and run away, then watch the door get answered from the bushes and laugh your juvenile a s s off?

Remember the guy who always wanted someone else to ring the doorbell, while he was the "look out"? By the time you rand the doorbell and turned to run, that guy was already a mile away...

Make sure that this sort of crap doesnt happen to you, Kansas inspectors.

Put someone in charge of your effort who aint afraid to stick his finger in the fan.

To HELL with silence. Remember, silence=death.