Misdemeanors & HI Licenses

(Dan Bowers, CMI, ACI) #1

Kansas is looking at a licensing Bill and there is debate on … IF a home inspector breaks a HI rule (fails to report a defect, inspects with no license OR an invalid license, etc … should he / she …

  1. Be fined; 2) Get a Class A Misdemeanor or 3) Get a Class B Misdemeanor

Guys in licensed states, what do they do where you are??

(Michael J. Meeker, CMI) #2

You need to be asking how in the hell to stop them from bringing licensing to your state. Nothing else should matter at all to any in your state. Fight it tooth and nail as NEVER EVER benefits established experienced inspectors. After you defeat that gigantic enemy then you will not have to worry about what others do or how some fools on a board can influence your business.

(Charles Shaffer, HI10914) #3

Dan,
First, my disclaimer: I am not an attorney etc…dont trust what I say as gospel.

Based on some quick google-fu it appears that, here in Florida, most first offenses like working without license, revoked license, intentionally being misleading etc result in a fine and possible license suspension or revocation. Repeat offenses get worse.

Based on the wording in your post I’d be alarmed at the criminalization of failing to report some defect. If there is other language that describes as intentional or willfully misleading etc…that makes more sense.

(Michael Larson, WI Lic. # 1672-106) #4

exactly

(James H. Bushart) #5

There is no language in the bill that provides for criminal penalties or fines for missing a defect in a report. I think that may have been added to a particular post for effect.

Here is the language of the Senate bill being considered. http://www.kslegislature.org/li/b2019_20/measures/documents/sb168_00_0000.pdf

Violations of the requirements for licensure would be a misdemeanor, as it is in most states. A law without enforcement is not really a law … but simply a suggestion.

(Dan Bowers, CMI, ACI) #6

Jim …

Go back and read the language. I know what you’re saying you think it means BUT what the Lobbyists, Legislators, Kansas Inspectors are interpreting it as is … ALONG with inspecting without a license (or mabe it expired and you didn’t renew it yet, etc) ANY violation of section 2 (which tells what you’re gonna inspect, etc) is included in that MISDEMEANOR language … AND also please remember Jeff Barnes and crowd are still in there telling everyone THEY speak for all the Kansas inspectors.

Sec. 12. (a) It shall be unlawful for an individual to perform a home inspection as defined in Section 2, and amendments thereto, without being licensed under the Kansas home inspectors professional competency and financial responsibility act. (b) Violation of this section is a class A nonperson misdemeanor.