Legislature(2003 - 2004)

05/06/2004 08:05 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 418(L&C)                                                                               
     "An  Act extending  the  termination  date of  the Real  Estate                                                            
     Commission;   relating  to  real   estate;  relating   to  home                                                            
     inspectors;  relating to real  estate licensees; and  providing                                                            
     for an effective date."                                                                                                    
                                                                                                                                
                                                                                                                                
This was the first hearing for this bill in the Senate Finance                                                                  
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Wilken stated  that this bill, SCS CS HB 418 (L&C), Version                                                            
23-LS1548\Q,  is sponsored by the  House Labor & Commerce  Committee                                                            
and Representative  Norm Rokeberg  and would extend the Real  Estate                                                            
Commission until June 30,  2008. In addition, he noted that the bill                                                            
would further  clarify the State's Home Inspector  law. He specified                                                            
that a Department of Community  and Economic Development fiscal note                                                            
accompanies the bill.                                                                                                           
                                                                                                                                
JANET  SEITZ, Staff  to  Representative  Norm Rokeberg,  the  bill's                                                            
sponsor, informed  the Committee that  in addition to extending  the                                                            
life of  the Real  Estate Commission  until  2008, this legislation                                                             
would clarify  existing  procedures regarding  real estate  licenses                                                            
and  notice procedures  as  recommended in  the Alaska  Division  of                                                            
Legislative  Audit, Audit  Digest #08-20023-03  [copy on file].  She                                                            
explained  that this  bill  would also  change language  to  address                                                            
issues  arising  from  the enactment  of  the  2003  Home  Inspector                                                            
legislation,  HB  9,  as  recommended  by  the  Regulation   Writing                                                            
Procedure and the Home Inspector industry.                                                                                      
                                                                                                                                
RUTH BLACKWELL,  Realtor and Representative,  Alaska Association  of                                                            
Realtors,  informed the  Committee  that the  Alaska Association  of                                                            
Realtors  (AAR)  supports  extending the  life  of the  Real  Estate                                                            
Commission. On another  matter, she pointed out that AAR is in favor                                                            
of a forthcoming amendment  that would reduce the real estate surety                                                            
fund award  to a claimant  from the $20,000  level specified  in the                                                            
Senate Labor  & Commerce  (L&C) version of  the bill to its  current                                                            
level of $10,000.                                                                                                               
                                                                                                                                
Co-Chair Wilken asked which  amendment would address the surety bond                                                            
issue.                                                                                                                          
                                                                                                                                
Ms.  Seitz responded  that  it  would be  addressed  in forthcoming                                                             
Amendment #3.                                                                                                                   
                                                                                                                                
Ms. Blackwell  explained that  with the exception  of the year  2003                                                            
when the number  of surety claims amounted to fourteen,  the average                                                            
number of claims  has been three or  five claims a year.  She stated                                                            
that during  her most recent  tenure as a  Board member of  the Real                                                            
Estate Commission, it was  noted that few surety claim hearings were                                                            
heard due to the fact that  the Commission has limited access to the                                                            
lone  surety  fund  hearing  officer, who  is  shared  with  another                                                            
entity. She stated  that AAR recommends that the Committee  continue                                                            
the $10,000  surety bond level  and allow time  for a process  to be                                                            
developed  to "fix the  system so  that the public  is served."  She                                                            
argued that  increasing the surety  bond to $20,000 would  result in                                                            
an increase in  the number of claims filed which would  escalate the                                                            
problem regarding the scheduling of hearings.                                                                                   
                                                                                                                                
Ms. Blackwell informed  the Committee that AAR has, in place for its                                                            
members,  a  mediation,  arbitration,  and  professional   standards                                                            
hearing system that has  conducted 60 hearings within the last year.                                                            
She  voiced optimism  that  some manner  of processing  hearings  to                                                            
better serve  the public  could be developed  through a cooperative                                                             
effort  between the  Commission,  the  Department of  Community  and                                                            
Economic Development, and the AAR.                                                                                              
                                                                                                                                
Co-Chair Wilken  stated that when  Amendment #3 is discussed,  AAR's                                                            
support of it would be noted.                                                                                                   
                                                                                                                                
Senator  Dyson asked  whether  AAR supports  the  licensing of  home                                                            
inspectors.                                                                                                                     
                                                                                                                                
Ms. Blackwell affirmed that it does.                                                                                            
                                                                                                                                
Senator  Dyson asked  the  methodology  used by  AAR  to reach  this                                                            
conclusion.                                                                                                                     
                                                                                                                                
Ms. Blackwell  explained that  AAR conducted  a poll of its  various                                                            
boards  and that information  was  provided to  the AAR Legislative                                                             
Committee,  which consists of a minimum  of one member from  each of                                                            
the other AAR  boards. She noted that AAR has monitored,  discussed,                                                            
and  provided   input  regarding   the  Home   Inspector  bill   for                                                            
approximately four years.                                                                                                       
                                                                                                                                
Senator Dyson  asked whether  99 percent or  60 percent of  realtors                                                            
support the licensing of Home Inspectors.                                                                                       
                                                                                                                                
Ms. Blackwell  responded that  the answer would  depend on  the area                                                            
being polled as,  she disclosed, the City and Borough  of Juneau and                                                            
several other  communities in the State do not have  either licensed                                                            
or  unlicensed home  inspectors.  She  commented that,  Juneau,  for                                                            
instance, instead  utilizes licensed engineers as,  she noted, it is                                                            
felt  that  "their  license  was better  than  ours."  However,  she                                                            
disclosed that access to  licensed inspectors would be acceptable as                                                            
their  service would  be  less expensive  than  that  of a  licensed                                                            
engineer.  In summary,  she  surmised  that a  minimum of  75 to  80                                                            
percent  of  the  Association's   members  support  licensing   Home                                                            
Inspectors.                                                                                                                     
                                                                                                                                
CHARLES SANDBERG, Realtor  and Representative, Alaska Association of                                                            
Realtors, testified via  teleconference from Anchorage, and informed                                                            
the Committee  that he,  a realtor  for 17 years,  was formerly  the                                                            
National  Director of the  National Association  of Realtors  and is                                                            
currently a  member of the Professional  Standards Committee  on the                                                            
national, State,  and local Anchorage  Board and Association  level.                                                            
He  also disclosed  that  he is  an arbitrator  on  the AAR  Hearing                                                            
Panel.  This panel,  he  shared, is  a  very effective  system  that                                                            
resolves disputes  between both consumers and consumers  and between                                                            
consumers and realtor members.  He stated that the AAR Hearing Panel                                                            
is less expensive  to operate and is more efficient  system than the                                                            
system  utilized  by the  Commission  and, in  addition,  has a  95-                                                            
percent resolution  history. In contrast, he avowed  that the Surety                                                            
Fund claim process is slow  and resolves less than 10 percent of the                                                            
claims that  are filed. He stated  that none of the fourteen  Surety                                                            
Fund claims that  were filed in 2003 were heard, as  compared to the                                                            
AAR  process   in  which  60  claims   were  filed  and   processed.                                                            
Furthermore,  he noted  that the  AAR system  usually addresses  and                                                            
resolves disputes  in two to four months; whereas,  the Commission's                                                            
hearing  system process  might require  several  years. Echoing  Ms.                                                            
Blackwell's comments,  he urged that the Surety Fund  claim limit be                                                            
rolled back,  via Amendment #3, from  $20,000 to $10,000,  and allow                                                            
the appropriate  parties to  review and determine  a more  effective                                                            
manner through which to deal with the issues.                                                                                   
                                                                                                                                
Amendment  #1: This  amendment inserts  new bill  sections into  the                                                            
bill  on page two,  following  line 20.  The new  language reads  as                                                            
follows.                                                                                                                        
                                                                                                                                
     Sec. 3. AS 08.18.071(a) is amended to read:                                                                                
          (a) Except as provided in (d) and (e) of this section,                                                                
     each  [EACH] applicant  shall, at  the time  of applying  for a                                                            
     certificate  of  registration,  file  with the  commissioner  a                                                            
     surety   bond  running   to  a  state   conditioned  upon   the                                                            
     applicant's promise to pay all                                                                                             
                (1) taxes and contributions due the state and                                                                   
     political subdivisions;                                                                                                    
                (2) persons furnishing labor or material or renting                                                             
     or supplying equipment to the applicant; and                                                                               
                (3) amounts that may be adjudged against the                                                                    
     applicant by reason  of negligent or improper work or breach of                                                            
     contract  in the conduct  of the contracting  business  or home                                                            
     inspection  activity, as applicable, or by reason  of damage to                                                            
     public  facilities occurring  in the  course of a construction                                                             
     project.                                                                                                                   
     Sec. 4. AS  08.18.071 is amended by adding a  new subsection to                                                            
     read:                                                                                                                      
          (d) A general contractor or specialty contractor who is                                                               
     in compliance  with the surety bond or deposit  requirements of                                                            
     (a)  and (b) of this  section is not  required to file  another                                                            
     surety  bond or increase a deposit  with the commissioner  when                                                            
     the general contractor  or specialty contractor applies to be a                                                            
     registered  home inspector. However, if the general  contractor                                                            
     or  specialty  contractor  subsequently  is neither  a  general                                                            
     contractor  nor  a  specialty  contractor  and becomes  only  a                                                            
     registered  home inspector, the home inspector  shall provide a                                                            
     surety  bond or deposit in lieu  of the bond in the  manner and                                                            
     amount  required  for  registered home  inspectors  under  this                                                            
     section.                                                                                                                   
          (e) An applicant for, or holder of, a certificate of                                                                  
     registration  as a home inspector  may, in lieu of filing  with                                                            
     the  commissioner  a  surety bond  or  deposit that  meets  the                                                            
     requirements  of this  section, file  evidence satisfactory  to                                                            
     the  commissioner   that  the   applicant  is  employed   by  a                                                            
     registered home inspector  who is in compliance with the surety                                                            
     bond or deposit requirements of this section.                                                                              
                                                                                                                                
Co-Chair Green moved to adopt Amendment #1.                                                                                     
                                                                                                                                
Co-Chair Wilken objected for explanation.                                                                                       
                                                                                                                                
Co-Chair Green  noted that one issue not resolved  by the passage of                                                            
HB 9, was how to deal with  home inspectors who are not employees of                                                            
a  city  or borough   and who  conduct  the  majority  of  the  home                                                            
inspections.                                                                                                                    
                                                                                                                                
Co-Chair Green informed  the Committee that by restoring some of the                                                            
original  language pertaining  to home inspections,  the  amendments                                                            
she  would  be  offering  today  would  assist  in  alleviating  the                                                            
unintended consequences resulting from the passage of HB 9.                                                                     
                                                                                                                                
Co-Chair Green  stated that Amendment #1 "would correct"  provisions                                                            
established  by   HB9  that  require  each  home  inspector   to  be                                                            
individually  licensed,  to provide  a surety  bond, and  to have  a                                                            
general  liability   insurance  policy.   These  requirements,   she                                                            
continued,  require an individual  to acquire "multiple bonding  and                                                            
insurance requirements"  in such situations as when a home inspector                                                            
business owner  employs one or more persons who are  also registered                                                            
home inspectors,  or  when a general  or specialty  contractor  also                                                            
wishes  to   be  a  registered  home   inspector.  She  voiced   the                                                            
understanding  that  the current  requirements  result  in  multiple                                                            
layers of requirements  that are unnecessary in that  they would not                                                            
provide  any additional  protection.  She stated  that Amendment  #1                                                            
would  change  the provisions  so  that  an owner/home  inspector's                                                             
coverage would not be duplicated.                                                                                               
                                                                                                                                
Ms.  Seitz  informed  the Committee   that Representative   Rokeberg                                                            
supports  Amendment  #1, as  it  would address  the  "dual  bonding"                                                            
concern.  She exampled  that currently  a specialty  contractor  who                                                            
also desires  to be licensed home  inspector is required  to acquire                                                            
two bonds,  and she continued,  this dual  bonding requirement  also                                                            
applies to  a owner/employee  situation in  which both the  employee                                                            
and the owner are currently be required to have a bond.                                                                         
                                                                                                                                
Senator  Dyson asked  whether  there is  a national  home  inspector                                                            
association.                                                                                                                    
                                                                                                                                
Co-Chair Green  understood that there  is; however, she would  defer                                                            
to the industry to provide further information.                                                                                 
                                                                                                                                
Senator  Dyson specified  that  he "did  not agree"  with the  State                                                            
being  involved in  the licensing  of home inspectors  and,  voicing                                                            
support  for "eliminating  that  entirely."  He asked  whether  this                                                            
amendment would  eliminate the licensing requirement  and replace it                                                            
with a registration requirement.                                                                                                
                                                                                                                                
Ms. Seitz  responded  that the  amendment retains  the requirements                                                             
established by  HB 9 that specify that a home inspector  be required                                                            
to register in  a manner "similar to a license, but  it's not called                                                            
a license, it's called a registration."                                                                                         
                                                                                                                                
Senator Dyson  asked whether meeting  the standards of the  national                                                            
organization   would  serve  to  quality   someone  as  a   licensed                                                            
inspector.                                                                                                                      
                                                                                                                                
Ms. Seitz stated  that once the transitional licensing  period, that                                                            
allows  someone  to be  qualified  in the  profession  based upon  a                                                            
certain number  of years' experience, has expired  a person would be                                                            
required to pass certain examinations.                                                                                          
                                                                                                                                
Senator Dyson  asked whether the examinations would  be administered                                                            
by the State or by a professional organization.                                                                                 
                                                                                                                                
Ms.  Seitz  responded  that  the  tests  would  be  administered  by                                                            
professional testing agencies.                                                                                                  
                                                                                                                                
Co-Chair  Green referred to  language in  Section 2, subsection  (a)                                                            
(1) (A)  on page one,  line 13 through  page two,  line two,  of the                                                            
bill that reads as follows.                                                                                                     
                                                                                                                                
     (A) existing home is the examination offered by the American                                                               
     Society of Home Inspectors, [AMERICAN HOME INSPECTORS TRAINING                                                             
      INSTITUTE,] or National Association of Home Inspectors;                                                                   
                                                                                                                                
Co-Chair  Green  noted  that  this  legislation   would  require  an                                                            
applicant to  provide additional information  as denoted  in Section                                                            
2, subsection (a)(3)(B),  located on page two, line nine, that reads                                                            
as follows.                                                                                                                     
                                                                                                                                
     (B) accompanied by documentation that the applicant has                                                                    
     completed continuing education requirements established by the                                                             
     department;                                                                                                                
                                                                                                                                
Co-Chair Green  clarified that this  amendment does not address  the                                                            
registration  requirements as  they are addressed  elsewhere  in the                                                            
legislation.                                                                                                                    
                                                                                                                                
Co-Chair Green  stated that forthcoming  Amendment #2 would  address                                                            
other issues that have resulted from the enactment of HB 9.                                                                     
                                                                                                                                
DAVE  OWENS,  Owner,   Owens  Inspection  Services,   testified  via                                                            
teleconference  from an offnet site and explained  that his business                                                            
conducts both  residential and commercial inspections.  He discussed                                                            
the "stumbling blocks"  that he and his business have experienced as                                                            
a result of HB  9's licensing requirements, in that,  in addition to                                                            
the  "problematic"  dual  bonding  requirement,  he,  who  has  been                                                            
accredited in  the home inspection business for numerous  years, was                                                            
denied his license because  he had not been tested in all applicable                                                            
categories within a year prior to his licensing application.                                                                    
                                                                                                                                
Mr. Owens  also requested  that  the AS 18.56.300(c)  provision,  as                                                            
would  be addressed  in a forthcoming  amendment,  remain in  Alaska                                                            
Housing Finance Corporation (AHFC) statutes.                                                                                    
                                                                                                                                
Mr. Owens asked  the Committee to address the dual  bonding issue as                                                            
well  as to  determine  a method  through  which the  Department  of                                                            
Community  and  Economic  Development  could  recognize   qualifying                                                            
certifications in lieu of when a test was undertaken.                                                                           
                                                                                                                                
Senator Dyson  asked for clarification that while  Mr. Owens remarks                                                            
referenced licensing  requirements in his remarks,  he was, in fact,                                                            
speaking to the registering requirements.                                                                                       
                                                                                                                                
Mr.  Owens  concurred  that  he  was  speaking  in  regards  to  the                                                            
registration requirements.                                                                                                      
                                                                                                                                
Senator Dyson  commented that although he would not  require further                                                            
discussion  at this time, he would  be interested, at some  time, in                                                            
further  clarification  between  the  difference   in registration,                                                             
certification, and licensing.                                                                                                   
                                                                                                                                
Co-Chair Wilken removed his objection.                                                                                          
                                                                                                                                
There being no further objection, Amendment #1 was ADOPTED.                                                                     
                                                                                                                                
Amendment #2:  This amendment deletes  "Section 44(e), ch.  134, SLA                                                            
2003, is" and replaces  it with "Sections 41, 42, 44(e), and 47, ch.                                                            
134, SLA 2003, are" in Section 11, page five, line two.                                                                         
                                                                                                                                
Co-Chair Green moved to adopt Amendment #2.                                                                                     
                                                                                                                                
Co-Chair Wilken objected for explanation.                                                                                       
                                                                                                                                
Co-Chair Green  explained that this amendment would  reestablish the                                                            
AS 18.56.300 (c) provision,  as earlier mentioned by Mr. Owens, that                                                            
was repealed by  HB 9. She noted that a home inspection  is required                                                            
for  either   the  purchase  of  home   through  AHFC  or   for  the                                                            
implementation   of   a  housing   loan  for   residential   housing                                                            
constructed  after June  30,  1992 with  AHFC. She  noted that  AHFC                                                            
ascertains that  this would apply to approximately  "thirty to forty                                                            
percent of  the market share of mortgage  lending for single  family                                                            
residential dwellings."  Furthermore, she noted that  subsection (c)                                                            
limited   the  liability   of  a  home   inspector  performing   the                                                            
requirements of  subsection (b) to gross negligence  and intentional                                                            
misconduct. Therefore,  she stated, removal of subsection (c) served                                                            
to "expose home inspectors  to greater risk of legal actions against                                                            
them for which  a prudent business owner would require  professional                                                            
liability  or  errors and  omissions  insurance."  Furthermore,  she                                                            
informed that this insurance  is unavailable in Alaska, as confirmed                                                            
by the Division  of Insurance. Therefore, she stated,  HB 9 required                                                            
home inspectors  to seek  an unobtainable  product. She stated  that                                                            
the bill's sponsor concurs with this amendment.                                                                                 
                                                                                                                                
Co-Chair Wilken removed his objection.                                                                                          
                                                                                                                                
There being no further objection, Amendment #2 was ADOPTED.                                                                     
                                                                                                                                
Amendment  #3: This  amendment deletes  "one year"  and replaces  it                                                            
with "three  years" in Section  2, subsection  (3)(A), on page  two,                                                            
line seven of the bill.  The amended language would read as follows.                                                            
                                                                                                                                
     (A) within three years after passing the examination required                                                              
     under (1) of this subsection; or                                                                                           
                                                                                                                                
In addition,  the amendment would  delete Section 6, on page  three,                                                            
lines  12 through  22, which  proposes  changes to  the claim  level                                                            
associated with the Surety Fund.                                                                                                
                                                                                                                                
Co-Chair  Green moved  to adopt Amendment  #3. She  stated that  the                                                            
first  portion of  the amendment  would address  Mr. Owens'  concern                                                            
regarding testing  and registration time limitation  requirements by                                                            
increasing the one-year time window to a three-year window.                                                                     
                                                                                                                                
Co-Chair Green  noted that the second  portion of the amendment  has                                                            
been suggested by various  individuals and would serve to delete the                                                            
Senate Labor  & Commerce  bill's language  pertaining to the  Surety                                                            
Fund.                                                                                                                           
                                                                                                                                
Co-Chair Wilken objected for clarification.                                                                                     
                                                                                                                                
Co-Chair  Wilken  requested   that  Amendment  #3  be  divided  into                                                            
Amendment 3A and 3B.                                                                                                            
                                                                                                                                
There being no objection, Amendment #3 was divided.                                                                             
                                                                                                                                
Amendment  #3A: This amendment  deletes "one  year" and replaces  it                                                            
with "three  years" in Section  2, subsection  (3)(A), on page  two,                                                            
line seven of the bill.  The amended language would read as follows.                                                            
                                                                                                                                
     (A) within  three years after passing the examination  required                                                            
     under (1) of this subsection; or                                                                                           
                                                                                                                                
Co-Chair Green moved to adopt Amendment #3A.                                                                                    
                                                                                                                                
REPRESENTATIVE  NORM ROKEBERG,  the bill's  sponsor, concurred  with                                                            
the proposed language.                                                                                                          
                                                                                                                                
Co-Chair Wilken removed his objection.                                                                                          
                                                                                                                                
There being no further objection, Amendment 3A was ADOPTED.                                                                     
                                                                                                                                
Amendment #3B: This amendment  deletes Section 6 which is located on                                                            
page three,  lines 12  through 22  of the bill.  The language  being                                                            
deleted reads as follows.                                                                                                       
                                                                                                                                
     Sec. 6. AS 08.88.470 is amended to read:                                                                                   
          Sec. 08.88.470. Findings and payment. At the conclusion                                                               
     of  the commission's  consideration  of a claim  made under  AS                                                            
     08.88.460,  it shall make written  findings and conclusions  on                                                            
     the  evidence. If the  commission finds  that the claimant  has                                                            
     suffered  a loss in  a real estate transaction  as a result  of                                                            
     fraud,  misrepresentation, deceit,  or the conversion  of trust                                                            
     funds  or  the conversion  of  community  association  accounts                                                            
     under  the control of  a community association  manager  on the                                                            
     part  of a real  estate licensee,  the commission  may award  a                                                            
     claimant  reimbursement  from the real  estate surety  fund for                                                            
     the  claimant's loss  up to  $20,000 [$10,000].  Not more  than                                                          
     $20,000 [$10,000]  may be paid for each transaction  regardless                                                          
     of the  number of persons injured  or the number of  parcels of                                                            
     real estate involved in the transaction.                                                                                   
                                                                                                                                
Co-Chair Green moved to adopt Amendment #3B.                                                                                    
                                                                                                                                
Co-Chair Wilken objected.                                                                                                       
                                                                                                                                
Co-Chair  Green stated that  the Senate Labor  & Commerce  committee                                                            
adopted  this  language,   and  that  there  has  been  support  for                                                            
continuing the $10,000 surety fund level.                                                                                       
                                                                                                                                
Senator Bunde, Chair of  the Senate & Labor Committee, asked whether                                                            
the removal  of  the entire  section would  serve  to eliminate  the                                                            
Surety Fund in its entirety.                                                                                                    
                                                                                                                                
Ms. Seitz  responded  that removal  of this section  would serve  to                                                            
retain  the  current language  of  the  section;  specifically,  she                                                            
stated,  its removal  would assure  the continuance  of the  $10,000                                                            
Surety Fund claim level.                                                                                                        
                                                                                                                                
Representative  Rokeberg commented that he supports  this amendment,                                                            
as  it would  address the  concerns  raised  by AAR.  He echoed  the                                                            
comments regarding the  limited availability of the hearing officer,                                                            
and characterized  the situation  as not  being "very workable."  He                                                            
stated  that  currently  the  Surety   Fund  could  be  utilized  to                                                            
reimburse  injured parties  for cases  involving misrepresentation,                                                             
fraud,  or deceit.  He stated  that were  the limit  to increase  to                                                            
$20,000,  the cases would  be "more appropriately  addressed  by the                                                            
judiciary system" due to  the high cost involved. He also noted that                                                            
claims  at that  level should  be adjudicated  in  the Court  System                                                            
rather than via  the hearing office system. Furthermore,  he opined,                                                            
increasing the  level to $20,000 might result in an  increase in the                                                            
number  of claims.  He  noted  that separate  legislation  is  being                                                            
considered that would increase  the current damages amount allowable                                                            
in Small Claims Courts.                                                                                                         
                                                                                                                                
Representative  Rokeberg stated that the Surety Fund  was originally                                                            
developed to "simplify  the process to the consumer,  but he opined,                                                            
the system is  currently "more complicated and more  expensive," and                                                            
that,  in  the  case  of  a "frivolous   claims,"  the  licensee  is                                                            
"required to expend a large  amount of money for legal fees in order                                                            
to  defend himself  and  achieve  a dismissal."  He  concluded  that                                                            
increasing the amount of  the Surety Fund would be wrong in that, in                                                            
reality,  the  entire "system  needs  to  be reformed"  rather  than                                                            
"making it  more attractive  to go the wrong  way." He acknowledged                                                             
the AAR hearing  process that allowed  60 cases to be addressed  and                                                            
rectified in a short amount of time.                                                                                            
                                                                                                                                
Senator Bunde stated that  he respectfully disagreed and objected to                                                            
the amendment.  He provided Members  with a handout on Surety  Bonds                                                            
titled "A  Selection of  Other States with  State Administered  Real                                                            
Estate  Recovery Funds"  [copy  on file],  that compares  Alaska  to                                                            
other  states. He  noted  that Alaska  with  a $10,000  Surety  Bond                                                            
requirement  is one  of approximately  four states  with the  lowest                                                            
level. Furthermore,  he declared that  the majority of other  states                                                            
have an established  level of $20,000  or more, which, he  attested,                                                            
has not "destroyed" their real estate industry.                                                                                 
                                                                                                                                
Senator Bunde declared  that the Committee should pay more attention                                                            
to the recommendations  of the Legislative Budget  & Audit division.                                                            
He pointed out  that as specified in the aforementioned  Legislative                                                            
Audit report  in Recommendation  #1, on page  11, the $10,000  claim                                                            
limit was established  in 1974 statute.  Furthermore, he  noted that                                                            
the Surety  Fund statute  language  was amended  in 1998 to  specify                                                            
that  licensees would  not  be required  to  pay a  Surety Fund  fee                                                            
greater than  $125 to support the  Fund. He also noted that  Statute                                                            
requires  a minimum Surety  Fund balance of  $250,000 and a  maximum                                                            
fund balance of  $500,000, and that the Commission  determines a fee                                                            
level to support  these amounts. In  addition, he noted that  during                                                            
the auditing  period, the Fund balance  maintained a level  close to                                                            
$500,000.  He stated  that  the current  $30  fee is  sufficient  to                                                            
support the  statute requirements.  He declared that increasing  the                                                            
claim level  to $20,000 would have  minimal impact on the  licensee,                                                            
and that consideration  should be equally given to the impact on the                                                            
consumer,  as he continued,  while the last  five successful  Surety                                                            
Fund claim payments were  at the $10,000 level, all of those alleged                                                            
losses exceeded  that amount.  Therefore,  he supported the  Audit's                                                            
recommendation  to increase  the level from  $10,000 to $20,000.  He                                                            
reiterated his objection to the amendment.                                                                                      
                                                                                                                                
Representative  Rokeberg  informed  the  Committee  that  while  the                                                            
primary  purpose  of  the  Surety  Fund  is  to  support  awards  to                                                            
consumers,  it's secondary use is  to provide funds for educational                                                             
purposes  such  as  those  associated  with  a  restructuring  of  a                                                            
licensing  law. He stated  that the Fund balance  is healthy  due to                                                            
the manner in which the fund's fees are managed.                                                                                
                                                                                                                                
Senator Olson  asked whether the amendment  would result  in costing                                                            
the consumer  more or  might serve  to make the  claim process  more                                                            
complicated.                                                                                                                    
                                                                                                                                
Representative  Rokeberg replied that the amendment  would result in                                                            
neither of these  concerns, as it specially pertains  to the ceiling                                                            
on the level of a Surety Fund award that might be determined.                                                                   
                                                                                                                                
Representative Rokeberg  declared that the Surety Fund would also be                                                            
available to  support any claim awarded  by the Superior  Court that                                                            
fits the  Fund's established  criteria. He  stated that the  fund is                                                            
there to  protect the  consumer against  such things  as "a  fly-by-                                                            
night builder."  He reminded the Committee  that testimony  has been                                                            
provided  attesting  to the fact  that  a higher  award level  might                                                            
attract people as it might be viewed as "a pot of money."                                                                       
                                                                                                                                
Senator Bunde  respectfully disagreed. He contended  that passage of                                                            
this amendment  would cost the consumer, as he noted  that the legal                                                            
cost associated with pursuing  a claim via the Superior System would                                                            
be expensive,  and that increasing the limit to $20,000  would allow                                                            
the claims to be addressed  via the hearing process. Furthermore, he                                                            
noted that  $10,000 is a small percentage  of the cost of  a home in                                                            
today's market.                                                                                                                 
                                                                                                                                
Senator Olson asked whether  the sponsor agrees with Senator Bunde's                                                            
comments.                                                                                                                       
                                                                                                                                
Representative  Rokeberg stated  that while  he does not agree  with                                                            
Senator  Bunde's comments,  he would  agree that  the level has  not                                                            
been adjusted for some time.                                                                                                    
                                                                                                                                
PAT  DAVIDSON,  Director,  Legislative  Budget  &  Audit,  spoke  to                                                            
Recommendation  #1 which recommends increasing the  claim limit from                                                            
$10,000 to  $20,000. She stated that  this recommendation  was based                                                            
on a review of  claims submitted through the hearing  process during                                                            
the  four-year  audit  period.  All of  those  claims,  she  stated,                                                            
exceeded $10,000  and all but one was less than $20,000.  She stated                                                            
that the  recommendation is  also based on  the fact that the  limit                                                            
had  not been  raised  since its  inception  in 1974.  These  facts,                                                            
combined  with the health  of the Surety Fund  and the fee  limit of                                                            
$125,  which assure  that no  excessive costs  would  be borne  by a                                                            
licensee, support  increasing the claim limit increased  to $20,000.                                                            
                                                                                                                                
Ms. Davidson  shared  that, in  addition to  the $10,000  individual                                                            
transaction limit,  the Audit's recommends that the  overall maximum                                                            
limit be increased  from $50,000 to $100,000 due to  the fact that a                                                            
licensee could  be involved in multiple  transactions. However,  she                                                            
noted that, unlike  the supporting history regarding  the individual                                                            
claim levels,  there was  no history regarding  the overall  maximum                                                            
limit.                                                                                                                          
                                                                                                                                
Representative  Rokeberg  suggested  that in  order  to address  the                                                            
inflation factor  concern and the  Audit's concerns, the  individual                                                            
claim limit could be adjusted to $15,000.                                                                                       
                                                                                                                                
Amendment  to Amendment #3B:  This amendment  retains Section  6 and                                                            
reduces the  maximum amount of a Surety  Fund claim from  $20,000 to                                                            
$15,000,  as  specified on  page  three,  lines 20  and  21 of  that                                                            
section.                                                                                                                        
                                                                                                                                
Co-Chair Green moved to adopt Amendment #3B, as amended.                                                                        
                                                                                                                                
There being  no objection, Amendment  #3B, as amended, was  ADOPTED.                                                            
                                                                                                                                
Representative   Rokeberg  noted  that  this  legislation   and  its                                                            
amendments were  necessitated in order to address  regulatory making                                                            
process requirements.  He stated  that while  he did not agree  with                                                            
many of those interpretations, they required addressing.                                                                        
                                                                                                                                
Co-Chair Green thanked  the sponsor for his assistance in developing                                                            
this legislation  as it has addressed numerous constituent  concerns                                                            
                                                                                                                                
Co-Chair Green moved to  report the bill, as amended, from Committee                                                            
with individual recommendations and accompanying fiscal notes.                                                                  
                                                                                                                                
There  being no  objection, SCS  CS HB  418(FIN)  was REPORTED  from                                                            
Committee with  zero fiscal note #2, dated March 25,  2004, from the                                                            
Department of Community and Economic Development.                                                                               
                                                                                                                                

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