MAR is Publicly Backing Away from HI Licensing Bill

[James H. Bushart]

In today's letter to MAR members updating them on pending legislation, note that HB 978 is not included at all. Oddly enough, they are still supporting a law that gives them immunity when concealing the knowledge of known sex offenders in the area of a house they sell (HB 324).

I guess by no longer supporting it, they can deny "defeat" when the bill dies.

To: Missouri Association of REALTORS Legislative Report List
From: Sam Licklider
Subj: Legislative Report
Date: April 2, 2007


Liens:

SB 302, which modifies the commercial lien law that the Association supported several years ago has been passed by the Senate. The bill adds unimproved ground, so long as it is not zoned agricultural or horticultural, to the property on which you can have a lien. I must stress that single family and up to 4 family properties are specifically not covered by this act.

License Law:

HB 310, Rep. Dennis Wood's legislation that allows the MREC to impose civil penalties has been added onto HB 914, which began life as a bill regulating kick boxing and other martial arts.

Other:

I've included a table of bills that we've taken a position on for this session and their current location in the process. As a general statement most of the time if a bill hasn't been assigned to committee it is probably in deep trouble. In some cases bills that have been assigned to committee but not heard have a chance but, admittedly, it is not a real good one.




BILLS SUPPORTED




HB 123
Nance
Increases the limit in small claims court from $3,000 to $5,000.

Last Action:

1-22-07 H Referred to House Committee on House-Judiciary



HB 149
Salva
Authorizes an income tax deduction for health insurance premiums not already deducted on the taxpayer's state or federal tax returns.

Last Action:

1- 4-07 H Read second time



HB 160
Bivins
Changes the laws regarding notice of property valuation increases.

Last Action:

3- 1-07 H Referred to House Committee on House-Ways and Means



HB 310
Wood
Authorizes the Missouri Real Estate Commission to impose civil penalties for a violation of the real estate licensing regulations by a licensee or a person practicing without a license. Added to HCS for HB 914.

Last Action:

2-15-07 H Public hearing completed



HB 324
Smith-150
Immunizes real estate licensees from liability for any act or omission related to the disclosure of information regarding individuals required to register with the sexual offender registry.

Last Action:

2-14-07 H Referred to House Committee on Special Committee on Professional Reg & Lic



HB 364
Ervin
Authorizes an income tax deduction for the cost of personally funded health insurance premiums.

Last Action:

4- 2-07 H Set on the House Calendar



HB 914
Dougherty
This is now the omnibus professional registration bill. It contains the amended version of HB 310.

Last Action:

4- 2-07 H Set on the House Calendar



SB 7
Loudon
Creates an income tax deduction for medical expenses.

Last Action:

1-16-07 S Referred to Senate Committee on Senate-Ways and Means



SB 8
Kennedy
Provides a tax credit for modifying a home for a disabled person.

Last Action:

4- 2-07 S Set on the Senate Calendar



SB 9
Kennedy
Modifies the amount of time for which an owner is liable for an occupant's sewer or water bill in St. Louis City.

Last Action:

2- 7-07 S Removed from the Consent Calendar



SB 212
Goodman
Establishes the "Uniform Real Property Electronic Recording Act".

Companions:

HB 920

Last Action:

4- 2-07 S Set on the Senate Calendar



SB 302
Loudon
Modifies provisions relating to commercial real estate liens and mechanic liens.

Last Action:

3-29-07 H Reported to the House and first read




BILLS OPPOSED




HB 32
Cunningham-86
Requires residences and commercial businesses to display street addresses in a clearly visible and readable manner.

Last Action:

3- 7-07 H Public hearing completed



HB 85
Kraus
Creates the felony crime of employing an illegal alien.

Last Action:

3-30-07 H Reported do pass as substituted Special Committee on Immigration



HB 164
Weter
Voids any deed restriction requiring the use of a wood shingle roof on residential property.

Last Action:

1-25-07 H Withdrawn



HB 283
Roorda
Changes the laws regarding neighborhood improvement districts.

Last Action:

2-14-07 H Referred to House Committee on House-Local Government



HB 317
El-Amin
Creates a crime of driving while using a cellular phone.

Last Action:

2-22-07 H Referred to House Committee on House-Crime Prevention and Public Safety



HB 374
Wildberger
Requires an employer to verify that an employee has a valid Social Security number.

Last Action:

1-16-07 H Read second time



HB 664
Dempsey
Prohibits cellular telephone use while operating a motor vehicle, with certain exceptions.

Last Action:

1-31-07 H Read second time



SB 123
Bray
Creates statutory warranties for home buyers and homeowners and also prevents home solicitors from engaging in certain deceptive practices.

Last Action:

1-17-07 S Referred to Senate Committee on Senate-Commerce, Energy and the Environment



SB 208
Gross
Requires the balance of all state funds to be transferred and credited to the state General Revenue Fund if state revenue does not increase by more than 2 percent.

Last Action:

1- 8-07 S Withdrawn



SB 222
Gross
Requires the balance of all state funds to be transferred and credited to the state General Revenue Fund if state revenue does not increase by more than 2 percent.

Last Action:

2-19-07 S Hearing conducted



SB 344
Justus
Increases the fee collected by each recorder to be deposited in to the Missouri Housing Trust Fund from $3 to $10.

Last Action:

1-25-07 S Referred to Senate Committee on Senate-Ways and Means



SB 348
Koster
Enacts various provisions affecting illegal aliens. The substitute has been substantially modified. The language requiring landlords to check the visa status of their tenants has been removed. However, inexplicably they have left in a specific grant of authority for cities to enact their own ordinances regarding renting to illegal aliens.

Last Action:

3-14-07 S Hearing conducted

[Joseph Burkeson, CMI]

Originally Posted by jbushart

In today's letter to MAR members updating them on pending legislation, note that HB 978 is not included at all. Oddly enough, they are still supporting a law that gives them immunity when concealing the knowledge of known sex offenders in the area of a house they sell (HB 324).

I guess by no longer supporting it, they can deny "defeat" when the bill dies.

Good work Jim,

It appears that you have gotten their mind right about home inspectors. Although it looks that they think you will let them off the hook in regards to supporting sex offenders, say it isn't so. The editors of all the major newspapers in Missouri should be made aware of this travesty and breach of public trust. By keeping them busy fighting fires in their own backyard will maybe keep them out of ours.

[James H. Bushart]

Originally Posted by jburkeson1

Good work Jim,

It appears that you have gotten their mind right about home inspectors. Although it looks that they think you will let them off the hook in regards to supporting sex offenders, say it isn't so. The editors of all the major newspapers in Missouri should be made aware of this travesty and breach of public trust. By keeping them busy fighting fires in their own backyard will maybe keep them out of ours.

A little birdie tells me that a top rated major city television station is putting together an investigative report as we speak...

It seems that last week, it was discovered that the National Sex Offender Registry neglected to include a child molester living next door to a Day Care Center.

Some nasty home inspector, allegedly, contacted the reporter that did that feature and let her know that her real estate agent's lobbiest has a bill before the legislature that would allow her agent to intentionally conceal a known sex offender from a prospective buyer...and simply refer them to this registry.

Yes...the one with the errors allowing child molesters to live next door to day care centers.

I hear that she literally "freaked out". This should be a doozy.

I think our new Missouri slogan for the next bill proposing licensing from real estate salesmen will be "Physician...heal thyself."

[Joseph Burkeson, CMI]

It would be interesting if the media were to ask the other well known home inspector associations operating within Missouri their position in regards to the Realtors attempt to skirt disclosing that sexual predators may be living next door to a day care center.

Regardless of whatever anyone else does, it is good to know that there is at least one HI association operating in Missouri whose prime directive is public safety and does not ever have to consult its political compass before doing the honorable thing.

[John Bowman]

Can someone enlighten me a little bit here. Other than the "Registry" which is maintained by state/county, etc. employees, where else can someone find a listing of the residence of a sexual preditor?

I don't blame the Realtors for not being held liable to this mismanaged system. I wouldn't either if all I had to depend on was a "register". Why would I want to be liable for someone else's inadequacy?

[James H. Bushart]

Originally Posted by jbowman

I don't blame the Realtors for not being held liable to this mismanaged system. I wouldn't either if all I had to depend on was a "register". Why would I want to be liable for someone else's inadequacy?

The real estate salesmen wants the right to conceal and be immune from any duty to disclose the fact that there is a convicted rapist living next door as they show a home to a single mom and her three daughters. They want the fact that they had the knowledge of the existence of this threat made moot by this bill, should the unsuspecting home buyer later decide to sue for their failure to disclose this fact.

The selling agent who has been told by the seller "I gotta get out of here. A rapist just moved in next door" wants to be immune from their failure to disclose. There is nothing at all that is understandable, honorable, or otherwise justified in that.

"These folks want everyone else accountable for everything, and want to be accountable themselves for nothing." That is what the weekend news anchor in one Missouri city who is preparing a story on this told me last night.

[John Bowman]

Melodramatic. Really stretching to make a point as far as I'm concerned.
This type of sensationalism must be a big city or Missouri thing, because here in smallville one of two things would normally apply.

1. The Realtors/agents wouldn't even consider this home for show from their agency, or
2. The neighborhood would run the scum out of town.

[Paul Sabados]

Heads up everyone! A public hearing (supposedly) has been scheduled for Thursday morning at 8:00 am in Jeff City. Room unknown. It will be decided whether to go forward or not. I just found out about this this morning. Nice that they decided to give everyone a little advanced notice.

Paul

[bkelly1]

James, do you include a report of the neighborhood of any sexual offenders in your inspections?

[pcarter-old-04]

Not answering for James, but I put a link to the web site in my report that can tell my client. RE Agents believe it or not go ballistic over this because I do, guess what, I don't give a S**T about the RE Agent, client do appreciate it.
John, in smallville, KS it does matter and RE Agents are nortorious about keeping their clients misinformed as much as possible and some of them are strong church goers. Go figure.............

[John Bowman]

Does everyone actually knock on the door and check the ID of the person in question? I would hate to be responsible if perhaps the individual moved recently.

Perhaps Inspectors and Realtors should begin checking and reporting on:

The local church.
The local schools.
The local Boy Scouts.
The local bingo parlors.
Perhaps the K-mart has a convicted felon on the payroll back in the warehouse. Do they have a sign warning all customers?

Where do you stop. I throughly understand the concern, but...it's a community issue, not a home inspector or realtor.

[John Bowman]

Are pedafiles who are buying a home required to disclose their status to the seller, neighborhood, realtor, etc.?

Anyone know of a law?

[James H. Bushart]

The case is being made.......that the Missouri Association of Realtors is out of control.

I am literally busting at the seams to tell you more, but I am sworn to secrecy on the details until they come out, publicly. It is going to be pretty big, I am told.

I can probably talk more about this after next week.

[John Bowman]

I accept emails.

[James H. Bushart]

Originally Posted by jbowman

it's a community issue, not a home inspector or realtor.

Exactly...which makes it ridiculous for a real estate salesman to ask for a law to make him immune from any action taken against him for concealing information in this regard.