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Minutes for SB168 - Committee on Commerce
Short Title
Enacting the Kansas home inspectors professional competence and financial responsibility act.
Minutes Content for Fri, Feb 21, 2020
Chairperson Lynn continued deliberations on Substitute for SB 168. (Attachment 2)
Senator Thompson expressed concern about the effect the bill could have on possibly reducing the number of home inspectors available in rural areas and the potential increase in cost for home inspections.
Senator Olson expressed similar concerns, particularly about the cost of continuing education and registration fees for the home inspectors.
Senator Alley moved, seconded by Senator Sykes, a conceptual amendment to the bill. In Section 15 (a), the word "shall" was changed to "may" on the second line. On the third line, the words "and meet the requirements of Section 11, and amendments thereto," were stricken. On the fourth line, he requested the number "12" be stricken and the numbers "11 and 12" be inserted.
Senator Holland asked Senator Alley what the changes accomplish. Senator Alley responded this would allow an architect or professional engineer to decide whether to register as a home inspector.
Senator Olson made a substitute motion to table the bill.
Senator Holland said he appreciated Senator Olson's comments about the registry. The purpose of the registry is to create a level playing field for home inspectors and to provide consumers with some level of confidence in the home inspectors listed on the registry. He said he did not recall any testimony being received from rural home inspectors indicating the registry would put them out of business.
Chairperson Lynn said it was brought to her attention a concern about whether or not the Kansas Attorney General's Office had weighed in on the bill. She recognized Senator Rucker who explained there were sections of the bill which would require the involvement of the Attorney General's Office in a variety of ways. Senator Rucker said he contacted the Attorney General's Office and discovered they had not been involved in the drafting of the bill nor in reporting on the fiscal impact on their office. He suggested the Committee consider delaying action on the bill until this information had been received. Chairperson Lynn said it would be her preference to hold the bill over until further information could be received at the next Committee meeting on February 24, 2020.
Senator Rucker seconded the motion by Senator Olson to table the bill.
Senator Olson said he believed the bill would create unintended consequences, including increased costs. He expressed concern about groups being exempted from the registry who may not be qualified to perform home inspections.
Senator Sykes noted the Committee has been dealing with this issue for over a year. The Attorney General's Office has had ample time to respond to the bill.
Senator Rucker said the reason why there is greater significance to the lack of the fiscal note is that this body passed a law several years ago allowing the Attorney General's Office to begin billing individual state agencies and others for whom they do legal work. In addition, there would be costs associated with the ongoing monitoring of the program. He said he felt it would be premature for the Committee to act on the bill without having the updated fiscal impact information.
Senator Holland said to keep in mind the Attorney General's Office already supports a registry for the roofing industry.
The motion to table the bill carried.
