!!!!!!!!!!!!!! NEW YORK !!!!!!!!!!!!

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!!!!!!!!!!!!!! NEW YORK !!!!!!!!!!!!

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Leonard Ungar

All Around Home Inspections
NACHI Member: Yes
(as of 3/25/07)
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Posts: 287
User: lungar
Posted: Sep 8, 2005 8:57 AM       Post Subject:
There seems to be some confusion on a assembly Bill Summary -A07203.
Bill Merrell gave copy's of the Bill Summary to all who attended the Sept 1st meeting. Bill took it off the state site, it seems some people are saying there is no such bill. If certain people in NEW YORK claim to know what's going on WHY did they not say anything about it!!!!!!!!!!!!! Those same people should pick up the phone and call Albany to find out the latest on A07203 and inform all NEW YORK home inspectors as to its progress in the assembly. If A07203 is dead or in the process of being passed,amended or what????????? I know the state takes it time on matters but someone someplace has to have some kind of info???????
Even if everything is still in limbo the education committee should at least put out a memo once a month to inform everyone as to what's going on.
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rfarruggia
NACHI Member: No
(as of 3/25/07)
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Posts: 216
Posted: Sep 8, 2005 10:50 AM       Post Subject:

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I just got off the phone with Assemblyman Kolb's office.

A07203 In awaiting consideration from the assembly judiciary committee.

As of right now, there is no comparable bill introduced in the senate.

There is no licensing or advisory committee in place at the department of state to implement the licensing regulations set to go in effect at the end of the year.

It is unknown if there are any people proposed to sit on any committee



Considering the imminently approaching deadline for licensure, and the extreme unlikelihood that A07203 will go though the necessary procedures to become law, it will probably take an executive action by the governor to extend the effective licensing date. These things usually happen at the last possible moment.
As things stand now, either

1)someone or organization has to stand up NOW and get a senator to introduce a companion bill, get both bills through committee, through the full senate and assembly and signed by the governor before 12/31/05 (lobbyists will be needed for this) or

2) appeal to the governor to take the appropriate executive action to issue an extension or

3) Hope that the full resources of the department of state can quickly be mobilized to create and staff a licensing or advisory committee, formulate regulations accept and issue licenses by 12/31/2005 (ummm, this is an impossible scenario) or

4) do nothing, in which case nobody is allowed to perform a home inspection in the state of new york.

I think our best bet to avoid #4 is #2 at this point.
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Leonard Ungar

All Around Home Inspections
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 287
User: lungar
Posted: Sep 8, 2005 11:11 AM       Post Subject:
Hi! Ray;
It's so nice to see that someone from NEW JERSEY can update all of NEW YORK on our legislation matters
Len
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James Bushart

Home Inspection Services of Missouri
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(as of 3/25/07)
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Posts: 3690
User: jbushart
Posted: Sep 8, 2005 11:31 AM       Post Subject:
Has anyone contacted Dan Osbourne? He is a member of the Legislative Committee and has been very active with this bill. I'll bet he can give you a status.

--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

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rfarruggia
NACHI Member: No
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Posts: 216
Posted: Sep 8, 2005 11:39 AM       Post Subject:

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Len, I do much of my work in New York, so this affects me too. Hell, I might even be moving back to the city soon.

It's just too embarrassing driving around with those damn Jersey license plates.
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Leonard Ungar

All Around Home Inspections
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 287
User: lungar
Posted: Sep 8, 2005 1:00 PM       Post Subject:
James;
Do me a favor and mind your own business. If I remember correctly I belive one of your lasts posts said you were staying out of NEW YORK affairs so please do so. How you find so much time to butt into everything and everyone's business is beyond me. You might think you are helping but belive me I think we are all grown and can take care of ourselves. I'll tell you what if I ever get need of you services I will be the first to let you know. Your friend in need???
Len
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James Bushart

Home Inspection Services of Missouri
NACHI Member: Yes
(as of 3/25/07)
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Posts: 3690
User: jbushart
Posted: Sep 8, 2005 1:18 PM       Post Subject:
lungar wrote:
James;
Do me a favor and mind your own business. If I remember correctly I belive one of your lasts posts said you were staying out of NEW YORK affairs so please do so. How you find so much time to butt into everything and everyone's business is beyond me. You might think you are helping but belive me I think we are all grown and can take care of ourselves. I'll tell you what if I ever get need of you services I will be the first to let you know. Your friend in need???
Len


Leonard,

I am a member of the Legislative Committee. Accordingly, I monitor the activities of state legislators as they apply to home inspections and report to the membership. In that regard, New York is my business. As to how the legislation is written an applied, that is a political matter that should be handled by New York home inspectors.

Please do not be rude unless you would like to have a response equally so.

--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

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Leonard Ungar

All Around Home Inspections
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 287
User: lungar
Posted: Sep 8, 2005 1:46 PM       Post Subject:
James;
I do not think that I was rude. I thought the Nachi legislation committee was for Nachi rules. Also if you follow all legislation in all the states how come you didn't know about it. I don't want to start a he said she said deal so lets no go there OK Lets try to be friends not enemy's
Regards Len
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James Bushart

Home Inspection Services of Missouri
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(as of 3/25/07)
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Posts: 3690
User: jbushart
Posted: Sep 8, 2005 1:51 PM       Post Subject:
Len,

I know of your law and the Governor's signature on it extending the implementation date to 1/1/06.

As for the motion to extend that has not been voted upon, it really seems to be irrelevant at this point. Unless someone changes the implementation date, the law will go into effect on the day it was ordered to.

Odds are, there are few individual assembly members who will be able to report on this bill as to its present status. The Secretary of State's office is responsible for enforcing it and I believe that they would be the most accurate source for information.

I know that, as New York home inspectors, Joe Farsetta, Dan Osborn, and others have had an active role in shaping this legislation. NACHI, as an association, has not. NACHI gets involved when it appears that some other association is pushing its agenda, and then, NACHI only gets involved to the extent of stopping any association bias that might take place.

NACHI's goals in regard to all home inspector legislation, as communicated by Blaine Wiley, is to ensure that there is no association bias, and that the law does not put any existing home inspectors out of business or adversely affect their business. All other issues are up to the home inspectors in the specific state.

--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

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Joe Farsetta

Advanced Professional Services Group, Inc.
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User: jfarsetta
Posted: Sep 8, 2005 6:22 PM       Post Subject:
Len and Ray,

As there is no companion bill in the senate to extend licensing, there is slim, if any, possibility that this extension will pass. Unless the Secretary of State tells the Governor that his staff is unable or unready to go live on the 1st, the Governot is unlikely to sign an extension by executive order.

There neednt be an advisory council in place for this bill to become effective. The advisory council reportsd to the DOS, and has no special authority to act. They are to advise only.

I believe that the DOS has dome an admirable job with the tasks put in front of them. I believe they will meet the deadline. I believe that any inspector who wishes to remain in business can and will.

Just because a bill is introduced, does not mean it will go anywhere, The original date was September 1st of 2005. The bill was already extended once. There was no requst to push out the effective date at that time.

I believe the law will go live on the 31st of December, 2005. There is no support, as far as I can tell or have heard, from any of the HI associations in the State, to support such an extension.

A sister bill would need to be crafted in the senate, and go through their own judiciary committee before being introduced to the Senate floor for a vote. The Governor would then need to agree that an extension was needed.

--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

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Joseph Hagarty

HouseMaster
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User: jhagarty
Posted: Sep 8, 2005 6:27 PM       Post Subject:
Joe F:

If there is NO Extension and NO Procedure in place to Obtain a License, how does an Inspector become Licensed by January 1, 2006?

--
Joseph Hagarty

HouseMaster / Main Line, PA
joseph.hagarty@housemaster.com
www.householdinspector.com

Phone: 610-399-9864
Fax : 610-399-9865

HouseMaster. Home inspections. Done right.

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rfarruggia
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Posts: 216
Posted: Sep 8, 2005 6:40 PM       Post Subject:

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Joe, thanks for the info. I am sure that you are on top of things.

I just doubt that the DOS will be able to meet the deadline and another extension (by whatever method) will be needed.

I hope to be proven wrong, but the logistics ahead of the advisory board are substantial. I assume that anyone nominated for a seat on the board will have to go through a formal vetting process and senate approval, and as of today, I can find no records of anyone even being nominated to the board. It seems doubtful that a competent board can be put into place, appropriate regulations formulated, applications received and properly reviewed and licenses issued (when appropriate) on such short notice.
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Joe Farsetta

Advanced Professional Services Group, Inc.
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(as of 3/25/07)
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Posts: 3743
User: jfarsetta
Posted: Sep 8, 2005 8:00 PM       Post Subject:
Ray,

The advisory board does none of the licensing stuff. Applications are sent to the DOS, and reviewed by DOS staff. The licenses are issued by them, and them alone. The advisory council's role is substantially less than what was done in Jersey.


Joe H,

I am confident that the application will be ready any day now. The inspection log is to be modeled after the appraiser's log, in use today. Educational criteria is pretty much set. Module outlines are done. All associations are assisting the DOS at this point.

--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

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Bill Smith

Smith Home Inspection
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Posts: 416
User: bsmith
Posted: Sep 8, 2005 9:01 PM       Post Subject:
Seems like you're on top of the situation Joe. Thanks for the update.

--
Bill Smith
www.SmithHomeInspection.com
"The difference between stupidity and genius is that genius has its limits." A. Einstien

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