Is There a NEW Twist To The Kansas HI Law

[Dan Bowers, CMI]

Read this KS House of Representatives Newsletters Notes on Passed / Failed Bills this week.

As everyone that knows me realizes, I have ZERO tolerance for Special Interest Groups trying to run roughshod over the Kansas Home Inspectors. If I've read this newsletter wrong - forgive me, but if I've read it right / I'm seeing 14 shades of red.

See about the 4th or 5th one down. Is this the Bill to CORRECT the SCREW-UP that happened last year in Kansas, WHEN what the Senate and House agreed upon was ACCIDENTALLY recorded INCORRECTLY, and the states home inspectors were told it WOULD get straightened out this season.

According to his Emailed Newsletter the Bill FAILED. Does this mean that the Bill to CORRECT the supposed TYPO mistake the Kansas Recorder made last YEAR is still in force?? If so half the Bill says $10,000 AND half the Bill says $2,000.

Last Year the SENATE & HOUSE approved a CHANGE in the ORIGINAL BILL from $10,000 to $2,000 liability

SUPPOSEDLY the recorder ACCIDENTALLY changed half the numbers in the BILL but left half the same.

LAST year we were told that EVEN though this was a SCREW-UP by someone in the STATE's Office, that we had to wait to correct it till this year - THAT although they HAD the JOURNAL notes with the recorded VOTES showing it was RECORDED wrong - WE HAD to live with THEIR SCREW-UP / NOW THIS.

What the hell is going on out there in Topeka .............................. WHO exactly is getting paid by WHOM to lay down and roll over?

What NEW overwhelming evidence FROM WHAT special interest group are we talking about? This past year many of our guys are dropping like flys because of the dead dog slow economy. We can not afford to BECOME somebody's cradle-to-grave insurance policy just so special interest groups can have an easy bulls-eye.

We've been patient and we've been polite, and we've been nice. If this has actually happened, I think we're at the point we need to play the game another way.


Dan Bowers
Dan Bowers, CRI, CMI, CPO


Certified Residential Inspector, NAHI
Certified Master Inspector, iNACHI
Certified ASHI Inspector, #1038
FHA New Construction Compliance Inspector
FHA 203k Inspector, Plan Reviewer, Consultant
EDI Certified Stucco / EIFS Inspector
EDI Certified Moisture Analyst
IAQ2 Certified Mold Inspector
Licensed Contractor / Builder (Class C)
Missouri Plublic Utility Heat Pump Specialist
FLIR - Level I Thermographer (IR Scans)
NRSB Certified Radon Measurement Specialist
EPA 608 Universal Certification for A/C and Refrigeration Systems
Certified Pool Operator (CPO); National Swimming Pool Foundation
ICC Code Certified Inspector (electrical, plumbing, building, mechanical)




__________________________________________________
Go to mikekiegerl.com THE WEEK THAT WAS This week we began with final action on several bills and introduction of significant new legislation. The bills on general orders we voted on were:
HB 2440 Requires the secretary of corrections to notify a victim and family upon the death or escape of a prisoner. Passed 118-0
HB 2412 The parole board may release a prisoner who has a terminal medical condition and deemed by a licensed physician to die within 30 days and who is not a risk to public safety. Passed 74- 44 (I voted Aye)
HB 2160 Insurance claim payments to be transmitted directly to the primary policy holder without endorsement from a mortgage and lien holder. Passed 97-18 (I voted Aye)
HB 2476 Increases court docket fees by a surcharge of $10 to $15. Passed 86-32. I voted No
HB 2082 Prohibits deceptive commercial advertising, passed 113-2 (I voted Aye)
HB 2411 The K2 bill. Adds to the list of controlled substances synthetic marijuana, Ecstasy, and amphetamine. These substances are already illegal by federal law but were sold openly in Kansas. Passed 110-10 (I voted Aye)
SB 48 Changes funding of the 911 emergency system to assure that the new 911 is properly functioning. It levels the cost and it is revenue neutral, Passed 106-15 (I voted Aye)
SB 298 Identification signage for certain oil and gas wells. Passed 72-49 (I voted No) The bill is unnecessary, retroactive, and vague.
SB 324 Home inspector liability limits. I voted for a similar bill last session but new convincing evidence demonstrated that great damage to a home owner could be the result of incomplete or erroneous inspections. The bill failed 30-81 and I voted No.

[James H. Bushart]

The House voted down the Senate Bill that would have clearly reduced the liability of an inspector from $10,000 to $2,000.

For some reason, your legislature in Kansas seems to have a very strong sexual attraction to home inspectors. They seem to screw you guys at every opportunity.

[James E. Braun, CMI]

So the bill that was passed last year still conflicts with itself, making it unenforceable, and Kansas is still calling this bill a law?

[James E. Braun, CMI]

I hope somebody in Kansas is having a lawyer file a "stay" on the home inspection bill. It can only get worse for Kansas inspectors from here if a "stay" is not filed.

[Gary Farnsworth]

I suggest contact Mike Greenwalt and check to see what the heck is going on here. I have sent countless emails and letters to various senators and representitives. Perhaps, by some stroke of luck, word of this fiasco of a bill is getting around, and may be eleminated altogether. Thanks to Dan Bowers for this, and letting us know of the bill number so we can track it at http://www.kslegislature.org/legsrv-...ortal/index.do

Also be aware that SB 329 is also still in the mix. Please read both 324 and 329 at the link above. Looks like both are back to the commerce committees.

What a cluster.

[Gary Farnsworth]

What does "convincing evidence" mean? Who dat?

[Paul Sabados]

Full History on bill 324


S 0324 Bill by Ways and Means H Sub for S 324 by Committee on Commerce and Labor - Home inspectors, financial liability. Effective date: KS Register.
03/17/2009 S Introduced -SJ 337
03/18/2009 S Referred to Commerce -SJ 340
03/20/2009 S CR: Be passed as am. by Commerce -SJ 407
03/23/2009 S COW: CR be adptd; be further am.; be passed as am. -SJ 460; EFA: Passed as am.; Yeas 40 Nays 0 -SJ 473 03/25/2009 S Engrossed -SJ 511 03/24/2009 H Received and introduced -HJ 401
03/25/2009 H Referred to Commerce and Labor -HJ 415
01/14/2010 H CR: Substitute be passed by Commerce and Labor -HJ 809; Substitute introduced & placed on General Orders -HJ 809
02/02/2010 H COW: -HJ 857; CR recommending sub. bill be adptd -HJ 857; Motion to recommend for passage, failed -HJ 857

Chaos at the capitol. Does the left hand know what the right hand is doing??

[Gary Farnsworth]

Ask our President.

[Paul Sabados]

This is an email sent out by Mike Greenwalt, KARCI President. Apparently he got a few questions answered and the answers kind of make the eye brows rise. The red highlights are mine.

Fellow Inspectors,

Recent developments on two Senate bills effecting inspectors in Kansas need your input.

SB 324, an act to correct the inadvertent error in the previous inspector registration act in regards to the $10,000 and $2,000 liability discretion. The bill went to the House Commerce and Labor committee where Representative Brunk is the chair and new information was brought to light in that committee hearing n regards to unscrupulous inspectors committing fraud and homeowners footing the bill with no recourse. When I ask Representative Kiegerl about the vote his response was this:

“The bill was not just a correction of a clerical error. During debate documentation was provided which showed substantial expenses to home buyers from errors and mostly from omissions in inspections. The home owner had no recourse as the real estate sellers put the blame on the inspector. It was pointed out that inspectors can protect their interest by giving written notice of precisely what they will and will not inspect. This was therefore a consumer protection vote. I am not comfortable to leaving liability open ended and I spoke with Chairman Brunk to see whether an amendment can be offered to a germane bill to introduce some limit. There was little doubt 342 would fail”

View the bill here: http://www.kslegislature.org/bills/2010/324.pdf

One of the Representatives main concern was that inspectors can tell the client what they will or will not inspect and the inspectors ability to place some liability on our inspection. The intentions of the Commerce and Labor committee now seem to re-write the legislation to remove all limits of liability and our ability to contract for what we will or will not inspect such as mold, mildew, air quality, lead, etc. It is quite possible that we may find ourselves having to inspect components in the home well beyond any acceptable Standards of Practice with unlimited liability. Now that we are a registered industry, the terms of that registration are going to be continually up for interpretation amendments from our Kansas Association of Realtors and their front people such as Representative Brunk. Welcome to the world of licensed professionals.

SB 531, an act to certify Radon technician. View the bill here: http://www.kslegislature.org/bills/2010/531.pdf

Please review this bill immediately. Some of the requirements you will find are:

1. Requirements to take a Radon class given by an approved trainer annually and pass the examination.
2. Requirements to serve as a data collection arm of the KDHE
3. Pay fees to fund research conducted by the KDHE and State Universities.
4. Requirements to belong to a private organization in lieu of passing tests annually

The Senate hearings may be scheduled for next week however the schedule is not yet set so we do not have a date at the moment. I have meetings scheduled next week with Senators and need your input.

Please respond.

Michael Greenwalt
President, KARCI (Kansas Association of Residential and Commercial Inspectors)
Board of Directors NAHI (National Association of Home Inspectors)
State Reg # 0110=0060
ASHI Certified Inspector
NAHI Certified Inspector

Brunk is the Chair, claims that new evidence has been presented about inspection fraud with no homeowner recourse. What does that have to do with a Bill correction? Mike is right, it appears that the Commerce Comittee is re-writing the Bill to something other than what was passed. Inspectors what is your liability limit?? Now the question that keeps jumping out at me is was this really a clerk typing error or something more devious in a way to remove any and all litimations of liability on the inspectors side. Many were opposed to dropping the limit from $10,000. to $2,000 and claimed that $10,000 was inadequate. Nice easy way to change from a low limit to possibly unlimited. Clerical error?? Seems to convenient to me. I personally never thought that the $2,000 limit would last very long, but I didn't expect to see it go that fast.

[James H. Bushart]

I hope my fellow Missouri inspectors are reading this.

The root of the Kansas inspector's demise is very clear and very simple. Once they became "registered" by the State, the choices as to what they do and how they do it now belong to the State....not to the business man.

Many Kansas inspectors remained silent in fear of losing their real estate salesman referrals. Others remained silent because they felt that they could live with what was being offered for their silence. Now, they must all submit to the new revisions....and lose control over their own companies.

This is why we fight.

[Gary Farnsworth]

OK, I may get in trouble here, but this is an e-mail I received from Senator Terri Huntington on December 17, 2009, who I believe resides in Fairway, KS. She is Senator Wysong's replacement, who resigned in December of 2009. I did respond, have offered her a free inspection, and have sent her many emails since. I have yet to hear from her:

Gary: Thank you for writing to express your concern about this new law. What, in your opinion, is the fundamental problem with the inspector licensing legislation? It was written to protect consumers, not to protect RE agents. We just had an inspection of the home we purchased. The inspector was brought in from Ohio (I don't know why) and was not good. He failed to detect numerous flaws which have cost us thousands of dollars to rectify, and we're still not through. And, because he was a sub-contractor, I can't get in touch with him to verify the inspection. Are you hired by the homeowner or the agent? Are you on a list of recommended inspectors? What is your background and area of expertise?
I would very much appreciate any insight into this policy that will provide protection for we, the buyers. And I thank you in advance for your help. It was certainly not my intent to pass policy that does not provide consumer protection.

Senator Terrie Huntington

Inspectors of Kansas must realize that the lawmakers are clueless, and are only listening to fellow lawmakers, and special interest groups. These new laws, as well as those in other states that create their own SOP's, do not in any way benefit the consumer. We are limited by SOP's created by boards that are influenced by RE groups, and "other" inspection agencies.

Lawmakers need to get off of their butts, and get home inspection legislation gone, or rewritten as not to effect home sales, and to actually alert the consumers to shoddy homes marketed by bottom feeder used home salespeople. There are millions of homes on the market, and until these "elected officials" get their act together, the economy in their states will only keep suffering. Here in Kansas, committee members must realize that Brunk is a RE sales person, and this in itself should be monitored by the Attorney General's office and other policing agencies for conflicts of interest.

[Andrew Shick]

Originally Posted by jbraun

So the bill that was passed last year still conflicts with itself, making it unenforceable, and Kansas is still calling this bill a law?

Since the KAR sent out that letter, it doesn't really matter what it is legally. The agents are treating it as complete and in full effect.
No one will schedule an inspection with an unregistered home inspector.
I actually got a previous client to schedule with me, but when her agent found out, it got canceled.
I'm still wading through surety bonds and insurance policies trying to pick the most affordable route. It's like trying to pick out your cell mate for your prison stay.

Now this nonsense...

Someday, maybe someone will listen to me about not trusting the Government.

[Dan Bowers, CMI]

Gary -

Let me make sure I read Senator Huntington's letter correctly .............

We just had an inspection of the home we purchased. The inspector was brought in from Ohio (I don't know why) and was not good. He failed to detect numerous flaws which have cost us thousands of dollars to rectify, and we're still not through. And, because he was a sub-contractor, I can't get in touch with him to verify the inspection. Are you hired by the homeowner or the agent? Are you on a list of recommended inspectors? What is your background and area of expertise?

If she was the BUYER, who the HECK chose her inspector for her?? WHY would she NOT know??

She's in KANSAS. The Inspector came from OHIO, and she does NOT know why. Please tell me I'm reading this wrong. KC to ANYWHERE in OHIO is at LEAST 600 miles.

Something SMELLS really bad over here, AND does not add up to anything ........................

AND by the way HOW does licensing an Inspector in Kansas help CONTROL an idiot in OHIO?????

[Gary Farnsworth]

That is the exact email. She is clueless, and must have listened to her agent. It could have been an appraiser she was talking about, since appraisers do report defects to the mortgage companies, and with the new appraiser laws, can be from out of state. She has yet to respond to my comments I sent her. Home buyers are also clueless to what is going on, and are vunerible to fraud, which is what these new laws, rules, and regulations are close to. Appraisers, insurance agents, even RE's are exempt from home inspection laws. Perhaps it was one of them. It does not make any difference what the liability limit is; when these other people do inspections, and are exempt, does that serve the consumer? Heck, no. It is a surprise that she cannot locate the "sub-contractor"; that in itself is buyer beware. My question to Senator Huntington is "where was the representation of your agent"?