Yippee!!! Kansas AG says association membership requirment unconstitutional!

[Nick Gromicko]

It can't. The law prohibits the board from authoring their own SOP.

The Kansas Attorney General just ruled the associaion-membership requirement unconstitutional.

[James E. Braun, CMI]

So Nick are you actually going to fight for a fair home inspector licensure bill in Missouri that would not harm the consumers and the home inspectors?

[James E. Braun, CMI]

Originally Posted by gromicko

It can't. The law prohibits the board from authoring their own SOP.

The Kansas Attorney General just ruled the associaion-membership requirement unconstitutional.

Can't they just copy the SOP with ASHI's premision and call it theirs? Or would they have to change a few unimportant words here or there.

[Nick Gromicko]

No, they can't.

Furthermore, they have no desire to.

I've been on the phone for the last half hour talking with Jeff and I can assure you that there is no conspiracy here.

Jeff's thinking was to try to get the national associations to do more of the work, not take it away from them. The board can't do everything.

I've volunteered to sit on the Kansas Education Committee even though InterNACHI has no intention of providing core pre-licensing courses and doesn't offer them anywhere.

[James E. Braun, CMI]

Okay, Thanks!

[Paul Sabados]

No, they can't.

Furthermore, they have no desire to.

I've been on the phone for the last half hour talking with Jeff and I can assure you that there is no conspiracy here.

Well according to the other parts written into the passed Bill, they do have the right to make a selection on an SOP. They do not have the authority to write one though. So after careful examination of all the known SOP's one will come out on the approval list.

So AG says its unconstitutional for mandatory association membership. That is good, one part of the passed Bill that will have to be amended because of a FLAW. It is my opinion that there are several more FLAWED sections of the written BILL. But, I am no lawyer and didn't spend last night at a Holiday Inn Express. Since items of the passed BILL will require review by the AG, it is important that any questions of legality be directed to the AG's office directly.

Your opinion maybe there's not a conspircary, its still quacks like a duck, waddles like a duck the only difference is that its resembling a goat more and more everyday. It's going to be interesting to see just how many more FLAWED items will be tossed by the AG.

The current approved law is going to require an enormous amount of re-writing that when its done, will not even come close to the original approved BILL. Watch the bias in the re-writes.

[Nick Gromicko]

Funny how the AG got involved, huh?

[Paul Sabados]

We made some contact with the office before the Bill was voted into law. At that time, we were basically told that they could do nothing at that time. Thats why from here on out, all issues of the Bill that appears questionable needs to be brought forth to the AG. Since our governing body of Senators and Representitives can't see the forrest for the trees, or the Bling of the Green blinding from the KAR, just maybe the AG people will work with opened and unobscured eyes.

Watch the morphing that is going occur, very, very soon.

[Gary Farnsworth]

The AG was informed by Senator Brownlee from the beginning. I have the e-mail that states sections 9 and 11 of the bill is in effect now. Kansas has many regulations on incorporations and LLC business. Kansas is very protective of their small business. This will conflict, as I predicted, with the home inspectors bill. The AG can throw out the whole bill, and make everyone start over. Senators and committe members knew this bill was flawed from the beginning, as many changes where made, even at the last minute, to try to please the KAR, KAREI, and others. It will most likely come to the point that you may not have to be a member of any association, just be a registered member of the Kansas board. I do not see iNACHI or ASHI gaining any membership here. The fight will be over the SOP, and when you show the SOP examples to the AG, his/her will throw it out most likely. The AG has never seen an SOP. When they do, I would love to see their reaction. What does get inspected, what does not. What is this??? I would love to be on a committee, but I cannot do it for free. I would rather be doing home inspections, and get paid. Kansas does not have any money. I do not see how this thing will get going, if not at all. Paul, you are right-on.

[Paul Sabados]

Gary

The emails that you have, from what Dept did they originate from? If the AG says they can't enforce without the SOP and can not regulate how do they figure they can enforce Sec 9 & 11.

[James E. Braun, CMI]

This is the time that every flaw in this bill be bought in front of the AG. You guys in Kansas are going to be busy. Good Luck! I have not talked to any Missouri inspectors about this yet, but if you guys need any help just let us know.

[Stephen W. Stanczyk]

Wasn't the ashi SOP re-written a year or two ago to include language that in order to use their SOP, you had to also abide by their COE? There are many inspectors who would state they follow the ashi SOP and yet were not ashi members. They changed the SOP to require:

2.2 Inspectors shall:

1. adhere to the Code of Ethics of the American Society of Home Inspectors.

Ashi holds the exclusive rights to their COE. If you aren't a member, you can't write or state that you use/follow their exclusive COE. So if you advertise that you follow the ashi SOP without being an ashi member, you are violating ashi's "exclusive rights" to their COE. The question is, could they legally stop you? Could they get a "cease and desist" order or even sue for back dues for using their "exclusive product"? Hmmmm

[Dan Bowers, CMI]

Thats an interesting proposition.

Can I be ordered to "Cease and Desist" AND successfully sued by the Baptist, Catholic, or Mormon Church for saying - I follow the Baptist, Catholic, Mormon guidelines & ethics even though I'm not a member.

[Stephen W. Stanczyk]

Originally Posted by dbowers

Thats an interesting proposition.

Can I be ordered to "Cease and Desist" AND successfully sued by the Baptist, Catholic, or Mormon Church for saying - I follow the Baptist, Catholic, Mormon guidelines & ethics even though I'm not a member.

Ashi holds a governmental issued registration regarding 2 specific documents. If you wish to use those documents, you need the permission of ashi. Just like the tag lines that NACHI owns, you need to be a member in order to use those lines. It is a matter of ownership, not religiions tenets. Try and name your business McDonalds and use two arches in your logo and see what happens....

[Nick Gromicko]

Kansas will be adopting InterNACHI's SOP, in part due to: http://www.nachi.org/freeuse.htm