I’m often blamed for what appears to be inaction. But the wheels of justice, and the gears on the InterNACHI’s legal-team’s tanks, grind slowly.
Au contraire. The US Supreme Court gave corporations the same rights as a person in cases of due process and equal protection under the 14th Amendment back in the 1880’s.
Well I think that fine.
And I’m not really worried about this forced association membership disclosure thing too much as all our members in Kansas are visible members anyway. I’m old. I learned some years ago to not waste time with hollow dramatic victories that don’t mean much in the real world. Cancer is a killer and having had it attack me in the past… taught me much. It kills slowly and patiently by focusing on one small critical area and destroying it… and that is what we do. And like cancer, every deposition leads to more cells (oops, I mean defendants) to attack and destroy. Joe Kelly has cancer and it is about to spread to Kansas.
They are grinding in the right direction. Thanks, on behalf of all of us in Kansas and Missouri.
It’s time we took our profession back from those exploiting it (and us) for their own personal agendas.
And Kansas does not provide indemnification to Board members who are caught abusing the power of their office for personal gain.
Kansas is a non-union state; a right to work state. Licensing of home inspectors may not be legal under these rules. If you license home inspectors, then you need to license home builders, contractors, repairmen of all industries, drywall, framers, concrete layers, roofers, HVAC, electricians, plumbers, all who are involved in real estate transactions. Kansas corporation laws are specific, and will conflict. Going to court over these conflicting rules will cost all involved thousands of dollars, and for what reasons. If I could ask the board one question, it would be “why is licensing of home inspectors needed?” Senator Brownlee asked that question in a hearing back in February 2008; she got no replys. There has to be underlying reasons why these people want this so bad.
Stephen -
In the original Bill (2315 I believe). there was a clause that said ALL home inspectors had to belong to one of the 3 MAJOR associations like #A, #B, and #C. Many of the provisions of the original Bill was pushed forward on that BASIS. Many inspectors bowed down on that basis.
Then however other forces came into play - Some may have NOT wanted all associations represented. (i.e. Testing by your own association; your own associations CE requirements; your own associations SoP; etc, etc).
Then the AG’s or Secretary of States Office said they thought that making you BELONG to something would be UNENFORCEABLE in Kansas if challanged.
Therefore the Bill was REDONE (HB-2260).
The question is?? If its UNENFORCEABLE to have to BELONG to a certain group / HOW can you be REQUIRED to identify IF you belong to one AND if so - WHICH group you belong to.
It’s a lame attempt of Barnes to provide statistical data to support his claim that he, as president of KAREI, represents the majority of home inspectors in the state.
In his own distorted mind, he will have a “mandate” to continue infusing the law with the definitions, rules and regulations that come strictly from the voices in his head while telling any legislator or other govt representative that challenges him that he has the support of the majority of Kansas inspectors.
Posted with Dan’s permission:
Dan ask Jeff:
Myself and others had questions about the Kansas “Rules & Regulations” and their origin, etc. that I had sent out to Jeff Barnes. Jeff was good enough to take the time to respond and clarify this (see his reply below).
(Jeffs Clarification)
I will just go down you list of questions and comments from the top.
The Rules and Regulations were and continue to be written by Mark Stafford a Topeka attorney who specializes in this area and the state required language and format. The Department of Administration is very strict on the content and format of the R&R’s so it is something we as a Board cannot do. The definitions listed in the statute are not listed in the R&R’s because the format does not allow duplication. This is why we were having problems with some of the definitions of the SOP. The SOP becomes part of the R&R’s so we have to be careful about the content and format. Camille from the AG’s office will also review the final version and she knows what is allowed and what is not so she is very helpful at these meetings keeping us from having to redo things. I am fully aware at times it seems that she is a kill joy and wont let us do some of the things we feel we should, but its better to get it right the first time. I am also aware that at times it seems that she is has limited knowledge of our industry. The inspection industry and its workings is all new to her, but she does not make judgments or provide opinions about the industry or our practices, only how the law pertains to what we do and how we set up the R&R’s. So her lack of knowledge of our industry makes little difference. It would not matter if we were inspectors, bird watchers, or rainbow chasers, the AG’s office is to strictly advise us on how to stay within the bounds of the laws on the books.
Tom has never had a hand in the Rules and Regs and neither has any of the Board members. Just more baseless story telling.
You made a comment in your e-mail about the Secretary of State, and they have nothing to do with the process other than publishing hearing notices.
I hope this answers your questions.
Jeff
From Dan: Guys I think that clarifies the issue.
The two orginizations in Kansas do not represent all of the home inspectors in Kansas; only a few dozen. They only represent who they want to represent; ASHI members only. There are many inspectors in Kansas who are operating successful home inspection business who are not members of any orginization. Just pick up any phone book in any city. And I, and they, have never had a phone call or letter trying to get us to join. This is where the right to work laws come into play. I only joined NACHI because, I thought, it was going to be a requirement to be a member of a national orginization. After talking to severeal RE, they all hated ASHI inspectors.
Since I am an outcast, getting registered may be a challenge, because of the way the rules and regulations are written. This one of my concerns; why the board will have so much power to decide who can operate as a home inspector, and who cannot. If you are ASHI, send the money, and you are in. I suggest all inspectors better pay close attention to these rules and regs. I bet they will require you to join one of the two state associations. The board has the power to decide.
Pick the association that is fighting the law…and fighting the attempt of a licensing board to overstep its legislated restrictions. Shun the associations “looking for a seat at the table” or otherwise supporting the demise of the profession. If you can’t find one of these, then form one.
I still have yet to get an answer to this question:
Why is licensing needed in Kansas? Why do these RE, inspectors, and special interest groups want this so bad? Why? What is the big deal?
The inspection industry in Kansas has been operating since 1973 just fine. Why does the government and all of these groups just now pushing for these laws, rules, and regulations? What is their gain? Why are ASHI, KARCI, etc. working without compensation to push these laws into play? Where are the consumer complaints?
Why won’t any NACHI inspector who lives in Kansas respond to this question?
I hope guys in Missouri will learn from all of this s**t. You’re next on the list.
And now back to our regularly scheduled program…
:D:D:D:D:D:DLOL; excellent.
PAY CLOSE ATTENTION:
KARCI (Kansas Association of Residential and Commercial Inspectors)
Officers and BoD are NACHI, ASHI, and NAHI.
Fought and testified AGAINST legislation all the way down the line.
KAREI is the group that Jeff Barnes helped form.
I do not believe they were against it. I attended several hearings before I even met Dan. Dan is a middle of the road guy who wants his educational classes. I think he is not for it, but neither against it. He is working hard to get this thing to be fair. It is hard to fight city hall. If you cannot beat them, join them. I have yet to join. I refuse to let someone in government or on a board tell me how to run my business. Kansas right to work laws will conflict that. Keep going, all of you will find out the hard way. Attorneys want your money. They are hurting just like everyone else; the legal term I believe is extortion. SOP’s rules and regulations are written for them; that is why they are involved. The attorneys want our money. Bottom line.
I am booked for the week, so this is my last message for awhile. I am also feeling better today.
Continue the fight, Gary. Find others like you and bond together.
IMO, you have a licensing law because no one stood up against licensing. Your so-called opposition simply presented “If we have to have a law…it should look like this…” but never challenged the actual need nor did they challenge the motives of the special interests whom they wanted to “share a seat at the table” with.
Individually, a handful spoke out against licensing…but as associations, each one simply presented different ideas as to how the law should read.
I understand what you are saying…and your frustration.
Outright opposition came from sporadic and scattered voices.
Keep the fight alive and let your AG know the flaws…and the corruption…that are present. No one else will.
Nick’s suit versus Barnes is going to be a big help to add credibility to your arguments.
(P.S. There are kudos in order for certain people who helped to add the KY Jelly to your law…making it better than it could have been…and they have been awarded. What we are talking about…for the past, present, and future…is outright opposition to the law. There is a major difference.)
Gary -
KARCI, Mike Greenwalt, Myself, Stacey Van Houtan, Mark Adams, Mike Pritchett, Mike Greenwalt and others wrote numerous letters to legislators, news media reporters, the AG’s office, consumer groups like HADD; drove to Topeka and met with legislators, held 4 separate day long continuing education seminars and devoted 1-3 hours at each meeting discussing the law the KAR and others were trying to shove on US / AND begging the guys to get off their butts and join the group, show up and testify, write letters, etc. We needed manpower and money to get a lobbyist or others involved.
Bottom line we had too many guys complain BUT really not do ANYTHING worthwhile. Once it went down the tubes guys can keep wailing all day long BUT now its there, we’ve got to try and keep it FROM burying US.
Then why pick up a shovel with the ones who wrote the law?
Their shovel (this law) has a cracked handle. They only can wrap so much duct tape around the handle. If enough pressure is appliesd the handle will break.