Nick Gromicko's Response to Biased Kansas HI Bill

[size=1][FONT=CopperplateGothic-Bold][size=3]Thanks, Nick!

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8,000 members? :lol:

I know it’s still early Jim, but has there been any kind of response or aknowledgement?

The house passed the bill and sent it to the Senate. The Senate has the bill and the committee that is reviewing it is chaired by the recipient of this letter.

The Governor who approved the bill will be leaving Kansas for Washington D.C. soon and we are hoping that the person who takes her place running a state on its way into bankruptcy…will be more hesitant to sign such a wasteful spending measure, should the senate actually approve this POS.

Didn’t I hear on the radio the other day that Kansas was not going to be giving Kansans’ their income tax returns because the state was bankrupt?

They are delaying the refunds…but they are not officially bankrupt…yet.

Youse guys are way off base, not well informed and this is embarassing to our profession as a whole. Get your facts straight.

I have sat through several legislative hearings on the Bill or through several home inspection meetings over the past 2 years and personally heard Luca Bella (the Kansas Realtors lobbyist) or Jeff Barnes assure everyone this Bill will have no fiscal impact on the state BECAUSE it will be totally self-funded by the home inspectors themselves.

Number 2 - When asked by the Senate Commerce Committee last year and the House Commerce Committee this year about their Budget - I’ve heard Mr Bella and Mr Barnes indicate they had not really put together a Budget of sorts BUT Mr. Barnes had talked to several other small Boards of other Professions AND felt that we could adequately run the Kansas Home Inspectors Board for less than $40k. With an estimated 200 inspectors in Kansas (last years numbers before the real estate decline) at $200 apiece they indicated that should pull in about $40,000 to run the Kansas Board with. Jeff and Luca both told Committee Members that was more than enough to do the job.

Something else I learned by listening to Luke Bell or Jeff Barnes last year in Committee Hearings that I was not aware of:

At various times they both testified to the Commerce Committee’s that if a home inspector uses an inspection agreement that includes a clause with a limit of liability clause and there’s **EVER **a problem the buyer has no recourse. I didn’t know that. Naive little old me, thought that:

  1. To start with, the Kansas** “Small Claims Process” allows an aggrieved consumer to file a claim against another party OR business (including Home Inspectors) through the Kansas Court System** for an amount up to $4,000 without going to the expense of hiring an attorney. The special interest groups or proponents of the home inspection bill failed to mention that fact to the committee.

  2. As an expert witness I’m often hired to support or dispute another home inspector OR engineers report - all of whom had limit of liability clauses in their contracts. Many professions use these types of clauses in their service contracts with their clients. When my grandsons school sends students on an outing, they have the parents sign a release of liability statement saying we won’t hold the school responsible if the student is hurt; when I got lasik surgery the doctor gave me a 16 page limit of liability form to sign, saying they’d do the best job they could - but it might not work and in some instances people have ended up with worse vision than before the surgery OR have even gone blind; the Real Estate Contract used by the Kansas City Board of Realtors has over 5 clauses STATING they have NO LIABILITY to anyone if this or that happens. If what the KAR lobbyist told the committee is true, then neither the school, the doctor or a Realtor could EVER be sued in our state - Kansas consumers have no recourse if these folks botch something up / Right or Wrong What Do You think??

  3. Its VERY wrong, and the KAR lobbyist or Trial Attorneys lobbyist both know it (OR they LACK a lot of knowledge about their own profession and our states legal system). If the bus driver is on drugs and rolls the bus and hurts a child; if the doctor shows up drunk and nicks your cornea; if the Realtor tells a seller to not disclose things that later become problems for the homebuyer - there is recourse. Its called our legal system (arbitration, mediation or in some cases a lawsuit). It’s the SAME with home inspectors.

So what did I learn last year - $$$$ talks in politics.

Out of 105 counties in the state of Kansas, only 8 have populations over 60,000. In those 8 counties, how many home inspectors are there left today? 50, 80? You cannot run, operate, and enforce any board or orginzation with only $10k to $16k, pay a secretary and attorneys. The board, at this time and economy, cannot be self-funded. The lawmakers in Kansas are being railroaded by the attorneys, special interest groups, and lobbyists who only want to benefit themselves. Not the consumers or home buyers of Kansas. Wake up. This cannot be good for the governor, who is moving to Washington at this time. This is a blemish that needs to go away.

Gary -

I didn’t realize that, but I checked and you’re right. There are only 8 counties in Kansas with over 60,000 population according to the last census.

Douglas County - Lawrence
Johnson County - Overland Park, Lenexa, Olathe, Shawnee, etc
Leavenworth County - Leavenworth & Ft Leavenworth
Reno County - Hutchinson
Riley County - Manhattan, Junction City & Ft. Riley
Sedgewick County - Wichita
Shawnee County - Topeka
Wyandotte County - Kansas City, KS

That means that 93 Counties DON’t go into licensing until 2011. Whow, ain’t that gonna be expensive FOR somebody.

Here in NH they are doing the same thing. $200.00 for a two year license. Our board, probably like many other states is supported by another licensing board so they share office space and staff to keep costs down.

I’m not sure how many inspectors there are left her in NH but I know the numbers have decreased significantly in the last two years. Our state is in the same boat, not bankrupt but struggling, so it will be interesting to see if the $200.00 is enough to fund it. If not, I guess they can go up on the cigarette tax!!

Hey Pete,
are you burried in snow!?

we actually have the NH joint board of licensure and there are 9 professions under that board.
The fees have not yet been established.
the bill in Kansas will probably not become a law by the sounds of it.
Carla

Yes I am buried and have had enough. I thought at the last meeting there was mention of charging $200.00 for the first term to see how much it would actually cost to run the board and then adjust it from there

What did Senator Wysong say when you provided him with this information?

Quote Carla Horn:
Hey Pete,
are you burried in snow!?

we actually have the NH joint board of licensure and there are 9 professions under that board.
The fees have not yet been established.
the bill in Kansas will probably not become a law by the sounds of it.
Carla
End Quote:

Hi Pete & Carla,
I am studying for the intensive and technically difficult New England Pest Management Association two day course {March 5th & 6th} so I will not be able to respond to any comments until Late Friday or Saturday but… During the last New Hampshire Home Inspector’s Licensing board meeting the question of having sufficient funds to “finance” the H.I. portion of the board came up.

[FONT=Arial]If you will recall the following member of the “Fake ASHI Coalition” [/FONT]
Daryl Justham
[FONT=Lucida Bright]Rochester[/FONT]
[FONT=Lucida Bright]Home Inspector[/FONT]
Term: December 18, 2009

stated that "We could charge $600.00 per license! This statement almost catapulted me out of my chair! Since “The Public” could only observe and NOT speak I had to bite my tongue!

The State of New Hampshire is operating at a loss! Our State deficit is in the tens of millions of dollars!

Manchester {Our largest city} is on the verge of bankruptcy and has had to lay off city workers, and workers from our public schools. MANY of our cities and small towns are being forced to lay off city workers and are having to cut back or eliminate services to our citizens!

Carla,
I do want to make one thing perfectly clear. YOU showed a lot of good old “Common Sense” at this meeting. YOU were Professional, courteous, and most of all…. You spoke up when you saw something that needed to be addressed.

I THANK YOU for that!

I am enclosing a photo of when the Gov. signed this ASHI written bill.

As you can see the ONLY inspectors at this signing are the ones who wrote and pushed this bill through.

Who are they?

[FONT=Arial]ALL ASHI! [/FONT]

From left to right….
*Bill Gabler, coalition lobbyist; *

David Roth, coalition president/ASHI member{CURRENT ASHI Vice President} ;

*Rep. Angela Kopka; Sen. Jackie Cilley, the bill’s sponsor; *

*Joseph Bates, coalition legislative chair/ASHI member {**Former ASHI NNEC President} ******; ***

*and Robert MacDonald, *coalition member/NNEC CURRENT-ASHI president.

ASHI Coalition.jpg

James, no response. All lawmakers are now doing is counting their lobbyist income to survive their next elections. ASHI will be the only monopolistic home inspection orginization in the nation, and will be suspeptible to judicial investigations into how and why all of these unneeded home inspector laws where pushed into play by state legislatures. It will take thousands, if not millions, of dollars to run these boards, and all states do not have the funds. Sounds like a national union to me. We will have to abide by their rules, regulations, CE, pay the fees they set, etc. Big brother at it’s best. If states cut education funds and give home inspector boards money, then something is very wrong with our society and governments. The United States is only 225 years old, younger than most other countries, and is suspeptible to collapse. States should work to fix that.

[FONT=Arial][FONT=Calibri]ASHI trying to form a monopoly? You have got to be kidding! Whatever gave you that idea?[/FONT][/FONT]

Read what David Roth the Current Vice President of ASHI Northern New England Chapter of ASHI who…… just happens to be the President of the FAKE ASHI lead “Independent Coalition” of New Hampshire wrote!

ALL of the officers of this FAKE Coalition are ASHI members!

They wrote the New Hampshire law…. They got it enacted…… They dominate the Licensing Board!

{Yes… David Roth sits on the New Hampshire H.I. Board!}

  • The ONLY so called INDEPENDENT exam is …. Surprise…… The ASHI written NHIE!

During the California Gold rush who got rich? Was it the miners?.. NO…. It was the people selling the picks and shovels!

This ASHI dominated board has proposed the NHIE as “The only” valid test in the entire Home Inspector’s industry….
That means more money for ASHI!
{For you “Nay Sayers”… Don’t EVEN comment that the ASHI registered name & trademark of the NHIE is “INDEPENDENT” of ASHI!}

Now I am sure that they will go after the “Continuing Education” requirements to be only “ASHI Certified” schools and or instructors!

The IDIOT who proposed the $600.00 licensing fee has also proposed that ALL applicants have to have a MINIMUM of 25 inspections before you can apply for a license!

Carla Horn wisely pointed out that ONLY licensed Home Inspectors in New Hampshire will be able to conduct Home Inspections so…… How do you get 25-inspections if YOU do not have a license?
Why through the SLAVE LABOR “Ride Along” program that was TAKEN OUT of the bill!

These Slick Willy’s are going to try and bend and twist this law to not only “Thin the herd” and try to eliminate the “new” competition but…… They will implement the MONEY MAKING “Ride Along Program” and IMO…… they will try to funnel ALL education though ASHI!

Here is the article written by David Roth an Officer of the NNEC of ASHI and President of the FAKE so called “Independent” Coalition!

Home Inspector Licensing in New Hampshire

by [FONT=Times New Roman]David Roth](http://www.ashireporter.org/authors/author.aspx?id=186)

Published November 2008

http://www.nachi.org/forum/attachments/f14/27226d1236190924-nick-gromickos-response-biased-kansas-hi-bill-ashi-coalition.jpg
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*Photo: SUCCESS! *
*It took a coalition to ensure reasonable home inspector licensing in New Hampshire. *
**
*Some of those who fought the good fight pose with **New Hampshire Gov. John Lynch (seated) as the bill is signed. *
**
*From left to right: *
*Bill Gabler, coalition lobbyist; *
**
*David Roth, coalition *president/ASHI member;
**
*Rep. Angela Kopka; Sen. Jackie Cilley, the bill’s sponsor; *
**
*Joseph Bates, coalition legislative chair/ASHI member; *

*and Robert MacDonald, *coalition member/NNEC-ASHI president.

In 2006, a disgruntled electrician convinced a New Hampshire House of Representatives official, who happened to be his neighbor, to introduce a Home Inspector “Registration” bill, which he believed to be similar to the start of electrician licensing some years ago. Legislators voted it down. However, those of us attending the hearings were able to respond to legislators’ questions, and we referenced the ASHI Position on Licensing and the Model Legislation. Bystanders from another national home inspector organization began labeling the bill an “ASHI bill” even though we had nothing to do with its creation.
[FONT=Arial]I guess the FACT that for several months… this particular ASHI member and other ASHI Officers from the NNEC ASHI Chapter had several meetings with the Real Estate Agent / House of Representative member Harry Gale and the FACT that they wrote / modified this bill in order to ASHIFY it meant nothing!
I am SURE that it was all innocent and that NO ASHI AGENDA was intended! :roll:
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Along came 2007, and a member of the other group introduced a licensing bill into the House of Representatives. The bill had many problems: no requirements for testing, education or training (it left everything up to a board); it combined residential and commercial inspections; and it blurred the line between home inspectors and code officers. {Oh pleeeeaase!}

Realizing the partisanship of “us against them,” the officers of the Northern New England ASHI Chapter initiated an Independent Coalition of Home Inspectors, with open membership to all home inspectors conducting business in N.H.
The coalition recruited more than 70 inspectors from all home inspector associations, as well as inspectors who did not belong to any association.
This was total BS! I went to the 1st meeting. 13 inspectors attended. I was the only NACHI member and the rest were ALL ASHI!

The newly formed coalition wrote a new bill, set up a database of e-mail addresses, hired a lobbyist who recruited a state senator to sponsor this bill, and went to work introducing it in the New Hampshire Senate.

Thankfully, toward the end of the legislative session the poorly written House bill got killed, but damage was done to the coalition bill by the opposition’s negative lobbying. They mounted an e-mail campaign to the state senators claiming that the coalition bill would put many home inspectors out of business. Our sponsoring senator was unable to get our bill through the Senate in large part because of the eleventh hour negative e-mail campaign.
Talk about name calling and a 'NEGATIVE CAMPAIGN"… The past President of NNEC ASHI was in the jammed packed hallway telling every member of the House & Senate how a DOG and his untrained 11-year old daughter had passed the NACHI exam!

The coalition bill was not killed in the Senate, but rather retained for future reconsideration.

In 2008, there were more hearings, more modifications to the bill, compromises and allegations of a “turf war” between ASHI and the other home inspector group. We tried our best to be above the name-calling.
I exposed the All ASHI FAKE Coalition for what it was! The “Name Calling” was all on their side!

The point of greatest disagreement was the inclusion of an exam.
More BS. They only wanted the NHIE!

Finally, on July 7, 2008, after passing through the House and Senate, the modified coalition bill was signed by Gov. John Lynch and is now The New Hampshire Home Inspector Licensing Bill. This bill goes into effect on Jan. 1, 2010. Home inspectors will have two years to meet the education and testing requirements. An exam was not named in the legislation, but the ASHI dominated Home Inspection Board will select an independent, proctored exam after the board is formed in 2008.
They have ALREADY said the ONLY test that they are considering is the NHIE!

All home inspectors will be required to pass the exam. However, home inspectors who have inspected homes full time for at least 12 months prior to Jan. 1, 2010, shall be receive a grandfather exemption from having to complete the required 80 hours of education.

Those of us in the coalition who fought so hard for “good” legislation feel we have come far on this three-year journey, have learned many lessons and will have to stay vigilant to prevent “bad” modifications to a reasonable bill.

Special thanks to Joe Bates, Coalition Legislative chair and past-president of Northern New England ASHI, and his wife, Karen, for their many hours, days and months of drafting, reviewing and closely monitoring the legislative issues, and their vigilance and drive that pushed this bill to a successful completion. Thanks to Bob MacDonald, president of Northern New England ASHI, for his constant and dedicated participation, and heartfelt thanks to New Hampshire Sen. Jacalyn Cilley for her perseverance and strength in staying behind this bill in the face of strong opposition.

As a last note to anyone involved in home inspector legislation in another state, the best advice we can give you is the following:

  1. Form a coalition of home inspectors in your state regardless of association, and iron out any discrepancies BEFORE you go to the legislature. You do NOT want internal home inspector arguments taking place at public hearings. As a unified voice, you will be much more productive.
    As a “Unified Voice” … what a CROCK! I told both the House & The Senate that this FAKE coalition did NOT speak for NACHI in any way shape or form!

  2. Hire a lobbyist to work for you. Lobbyists are familiar with how things get done in the legislature, and a good lobbyist can make a huge
    difference.

David Roth* is an ASHI Certified Inspector and president of the New Hampshire Coalition for the Licensing of Home Inspectors.*

ASHI Coalition.jpg

…perhaps to your first or second try. Send an email, then make the call to the office to see if they got your email. Tell the assistant what the email was about and how important it is that Wysong gets it. Ask for an appointment to meet with him to discuss your email.

If you use your home inspection income to support a family…then others are counting on you (and the other MO and KS inspectors reading this) to get the message through.

Don’t stop sending it … phoning it … mailing it … until you hear something back.

Nick Gromicko has something to lose, here. If the bad guys are able to win and get their bill turned into a law, they will certainly give InterNACHI a hard way to go to get its outstanding educational programs (yes, there are some) accepted for CEUs…but it does not stop him from publicly objecting to a bill that everyone knows is bad for the consumer, bad for the profession, and bad for the Kansas home inspector.

We have to accept the fact that…while the men are fighting…there are some vaginal impersonators who hide in the shadows in fear that a public objection could cost them a relationship with a real estate salesman. Thank God that they are the minority and when the battle is over, we can deal with them in our own way.

But we have to believe that this new opportunity to challenge a bad law is an opportunity to do good. If it takes 10 or one hundred times ten attempts to get our message through…THIS TIME…let’s not have the bill signed into law without seeing that the extra effort was made.

Nick has committed himself to this fight and I am proud to follow his lead.

A very special “Thank You” to the members of The Alliance of Missouri Home Inspectors and others who responded to the request for letters to Senator Wysong, thus far. If a Kansas member who is planning to be at the formal hearings on the bill next week will email me, I will send him copies of the emails that that I have been copied on so that they can be printed out and re-presented to the full committee in hard copy.