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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 2/7/08, 10:35 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Missouri HB 2057, HI Licensing, Finally Filed

Here it is.

The game is afoot.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #2  
Old 2/8/08, 8:36 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

One of the lobbyists told us that the MAHI (Missouri ASHI Home Inspectors) group met with Representative Parsons in Columbia, MO on Thursday afternoon (2/7). We were told he was meeting with Reps from several ASHI groups around the State: Joe Pangborn from Columbia, Harry Morrel from St. Louis, Pat Strader (the old ASHI lobbyist - NOW MAHI lobbyist) and the guy from Kansas City (they always forget the other guys name). Somebody thought it might be the older retired ASHI guy that co-founded MAHI (Jim Naylor). If that is so, he has often shown up to support licensing attempts, although ASHI's roster says he's been retired for several years.

They're probably meeting to try and work out some last minute details.
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  #3  
Old 2/9/08, 2:07 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

Here is this week's letter.

Quote:
Dear Editor,

In his freshman year, Missouri Representative Mike Parson of Bolivar was bold enough to actually send a blanket form letter out to Missouri lobbyists…availing himself to meet with them. It is no wonder that, by 2007, he made the “Turner Hall of Shame” by being among the top ten of all representatives accepting money from them (a total of $4,233.66 in 2007).

As a lobbyist magnet, Representative Parson has managed to sell himself to one of the largest of all lobbies in Missouri….the Missouri Association of Realtors.

With the assistance of a very small group of home inspectors who are closely associated with him and the real estate lobbyists, he has managed to draft yet another bill that he hopes to push through the legislature this year that will help real estate agents to convince people to buy houses.

HB 2057, a bill that his friends in the Missouri Association of Realtors have promised him their support, creates an autonomous board of people selected by these lobbyists to control what home inspectors are and are not allowed to tell home buyers as they consider buying a home.

Many real estate agents have complained that home inspectors, by virtue of uncovering and reporting defects that exist in houses that they are trying to sell, have cost them thousands of dollars in commissions. Mr. Parson has drafted a bill for them that they hope will help them sell more houses…at the expense of the Missouri consumer who is NOT paying him the same money that the lobbyists are.

At a time when home owners are suffering foreclosures and other injuries from a real estate industry that is totally out of control…the answer proposed by the lobbyists, through their favorite representative in the Missouri congress, is to stifle the only objective voice in the process of selling a home.

Say no to the lobbyists. Say no to the commissioned salespeople who will be reselling these foreclosed homes for additional commissions…on top of those already earned in selling them to the original buyer.

Keep home inspectors independent of the Missouri Association of Realtors and their lobbyists in Jefferson City.

Let your congressman know that you oppose HB 2057 and want him to oppose it, too.

James H. Bushart
President, Missouri Chapter of the National Association of Certified Home Inspectors



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #4  
Old 2/9/08, 5:51 PM
bjones1 bjones1 is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

Jim........ that was a well thought out letter.
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Old 2/9/08, 6:38 PM
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

Jim.........The following caught my eye:
AN ACT
To amend chapter 339, RSMo, by adding thereto fourteen new sections relating to the licensing of home inspectors, with penalty provisions and an effective date.
Have you posted, or can you post the original?
339.906. 1. There is hereby created within the division of professional registration the "Missouri Home Inspectors' Board", which shall consist of five members appointed by the governor with the advice and consent of the senate. Each member shall be a citizen of the United States, a resident of this state, and a registered voter for a period of one year prior to the person's appointment. Three members shall be licensed home inspectors representing various geographic locations throughout the state, one shall be a home inspector appointed from a third class county, and one who shall be a public member. The public member shall have never been engaged in the businesses of home inspections, real estate appraisal, real estate sales, or making loans secured by real estate or an immediate family member of such person. The board shall elect from its membership a president and vice president each of whom shall be elected at the times, and serve for the terms, as are determined by the board.

Seems like the MAR might have got left out of this


2. Each applicant for licensure shall:
(1) Demonstrate the knowledge and competence necessary to perform inspections of residential real estate as prescribed by rule;
(2) Be of good moral character;
(3) Have successfully completed a board approved classroom training program of not less than eighty classroom hours or have completed an apprenticeship under the direct supervision of a licensed home inspector;
Anybody in Missouri approved or capable of providing this training?
(3) Have passed a examination offered or approved by the board or as provided for in sections 339.900 to 339.936; and
Can you say NHIE

Other thing caught my eye, but those stuck out like a sore thumb. Rather than MAR involvement, these amendments look more like there is some ASHI involvement.

Brian Jones
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  #6  
Old 2/9/08, 7:12 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

Brian,

Your observations are right on.

MAR tried it alone, and failed. This year, they have recruited the help of Harry Morrell the president of the ASHI group disguising itself as a coalition, to help get the bill through.

ASHI and the MAR are inseparable. In fact, the St. Louis Association of Realtors (a subchapter of MAR) has an honorary seat for the president of the ASHI chapter in St. Louis.

The MAR is confident that, with the ASHI model bill and the ASHI support, it will pass.

Sad thing for ASHI members in St. Louis is that they acually oppose the bill. Harry has to work in Columbia and Jeff City with the legislators, then return home to his members and pretend to be objective.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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Old 2/9/08, 8:04 PM
bjones1 bjones1 is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

Has or is anybody from INachi in Missouri or Nick himself, going to try to exhert some influence regarding this bill?
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  #8  
Old 2/9/08, 8:11 PM
bjones1 bjones1 is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

Quote:
Originally Posted by jbushart



ASHI and the MAR are inseparable. In fact, the St. Louis Association of Realtors (a subchapter of MAR) has an honorary seat for the president of the ASHI chapter in St. Louis.

The MAR is confident that, with the ASHI model bill and the ASHI support, it will pass.
From what I read of the proposed amendments, it would seem that the MAR would have no seat on the board, so their only involvement would have to be a back door approach through ASHi? Sounds a little unethical to be.

You'll have to excuse any grammatical errors or fingerfarts (typo's) cus I got into an argument today with a sawzall. My middlre finger lost, makes typing a little bit more fun

brian Jones
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  #9  
Old 2/9/08, 8:17 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

Quote:
Originally Posted by bjones1
From what I read of the proposed amendments, it would seem that the MAR would have no seat on the board, so their only involvement would have to be a back door approach through ASHi? Sounds a little unethical to be.

You'll have to excuse any grammatical errors or fingerfarts (typo's) cus I got into an argument today with a sawzall. My middlre finger lost, makes typing a little bit more fun

brian Jones
You will read how the seats of the first board will be selected by "the governor". Three guesses as to which lobbying group will have the power to inform the governor of what his choices should be.

It is rumored that individual seats on this autonomous board...that will be creating from scratch all of the rules for becoming licensed and staying licensed in Missouri....have already been promised to key people in exchange for ASHI's support of the real estate association's bill.

Keep in mind that, in Missouri, of the 9 National BOD members of ASHI, 2 are in KC and 1 is in St. Louis. There are 3 past National ASHI Presidents in St. Louis, the Past President of the EDPHI / NHIE is in St. Louis AND the ITA / Kaplan Regional Director / Training Partner / VP is in Missouri.

ASHI leaders have much at stake here and are more than willing to sell out their own members to the real estate salesmen or whoever else will empower them.



James H. Bushart

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

Last edited by jbushart; 2/9/08 at 8:50 PM..
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Old 2/9/08, 8:24 PM
bjones1 bjones1 is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

You write that Ashi members are against this bill, yet ashi higher ups are willing to sell them out; guess this means a few might be heading this way. If the BOD is elected by members to serve members interests and fail to do so, then it's either revolt or bail.
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  #11  
Old 2/9/08, 8:28 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

Quote:
Originally Posted by bjones1
You write that Ashi members are against this bill, yet ashi higher ups are willing to sell them out; guess this means a few might be heading this way. If the BOD is elected by members to serve members interests and fail to do so, then it's either revolt or bail.
Bail is their only option. If "vote" were an option, there would have never been the "branding" deal. ASHI is not the democracy it reports itself to be, by any means.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #12  
Old 2/9/08, 8:39 PM
bjones1 bjones1 is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

Quote:
Originally Posted by jbushart
Bail is their only option. If "vote" were an option, there would have never been the "branding" deal. ASHI is not the democracy it reports itself to be, by any means.
So it would seem sir, so it would seem.

Same thing is happening up here with a lot of talk through the side of the mouth.

Brian Jones
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  #13  
Old 2/10/08, 6:30 PM
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James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

2. The home inspector members initially appointed by the governor shall have


14
home inspection experience in the state of Missouri for not less than five years preceding


15
their initial appointment, have completed at least one hundred home inspections for


16
compensation, and be members in good standing of a nationally recognized home inspector

17 association requiring written examination.



I just wonder what they mean by a written examination. The Missouri real estate agents take their test on a computer. They need to get into the 21st century.
I bet it was just an oversight.

I hope they do not want the test written in crayon!
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  #14  
Old 2/10/08, 7:59 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

Quote:
Originally Posted by jbraun
I just wonder what they mean by a written examination.
NHIE



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #15  
Old 2/11/08, 1:23 AM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Missouri HB 2057, HI Licensing, Finally Filed

Read the part about the Board Members again and throw out your opinion.

As I read it, there are 5 members. 1 is general public; 3 are home inspectors; 1 is a home inspector from a 3rd class county. Am I reading into it - OR - could 1 inspector from a 3rd class county fill one of the 3 HI seats leaving 1 empty seat to be filled by a ............ Think about it!!

Registered Voter for 5 years. I've looked at over 15 HI laws in other states AND 19 professions licensed in Missouri - None have that. Any thoughts !!!

That provision was an ADD-ON in the last week. Wasn't there before that.
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