Legislature(2003 - 2004)

05/13/2003 08:07 AM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
           HB 151-DWELLING DESIGN/CONSTRUCTION CLAIMS                                                                       
                                                                                                                                
REPRESENTATIVE KEVIN MEYER, sponsor of  HB 151, told members that                                                               
the bill provides homeowners  and construction professionals with                                                               
a  process to  solve construction  issues on  new homes  or major                                                               
remodels.  It requires  homeowners to  provide written  notice to                                                               
the  construction   professional  at  least  90   days  prior  to                                                               
litigation. If  a homeowner's complaints  have not  been resolved                                                               
in a timely  manner, the homeowner may proceed  to litigation. He                                                               
pointed out that  most complaints are handled  verbally, but, for                                                               
those  situations  that  are not  easily  resolved,  this  formal                                                               
process is being created. Both  parties will sign a contract that                                                               
explains the process before any work begins.                                                                                    
                                                                                                                                
REPRESENTATIVE MEYER said that under  HB 151, the homeowner would                                                               
have  one year  from the  date of  the discovery  of a  defect to                                                               
proceed with a complaint. However,  a homeowner cannot exceed the                                                               
current 10-year statute of limitations.  He said this legislation                                                               
is  important for  several reasons.  In  Alaska, contractors  and                                                               
homebuilders are  required to carry general  liability insurance.                                                               
Many  insurance companies  no  longer  provide general  liability                                                               
insurance and the insurance that  is available is very expensive.                                                               
The rising cost  of insurance is often passed on  in the price of                                                               
new  homes. This  problem  is  not unique  to  Alaska. Six  other                                                               
states that are  experiencing a housing boom  have passed similar                                                               
legislation. He  said this bill  creates a win-win  situation for                                                               
the  homeowner and  the  homebuilder. He  has  heard no  negative                                                               
comments  about the  bill. He  said  three conforming  amendments                                                               
were made  on the House  floor. Because of those  amendments, the                                                               
Senate  Labor   and  Commerce   Committee  adopted   a  committee                                                               
substitute to  make necessary changes. He  recommended the Senate                                                               
Labor  and Commerce  committee substitute  be  considered as  the                                                               
working  document  before the  committee.  He  offered to  answer                                                               
questions.                                                                                                                      
                                                                                                                                
CHAIR SEEKINS  affirmed that  committee members  were considering                                                               
the  Senate  Labor  and Commerce  committee  substitute,  labeled                                                               
Version B.                                                                                                                      
                                                                                                                                
SENATOR ELLIS  asked how a  consumer would receive notice  of the                                                               
one-year time limit in which to take action.                                                                                    
                                                                                                                                
REPRESENTATIVE MEYER  provided an  example of  a contract  and an                                                               
attached explanation that informs the homeowner of the process.                                                                 
                                                                                                                                
SENATOR ELLIS asked if the explanation is clear and obvious.                                                                    
                                                                                                                                
REPRESENTATIVE MEYER  said it is  and that one of  the amendments                                                               
made  on the  House floor  required that  the explanation  of the                                                               
process be put on a separate page.                                                                                              
                                                                                                                                
SENATOR OGAN referred to the language  on page 6, line 16, of SCS                                                               
CSHB 151(L&C) that reads, "Within one  year of the discovery of a                                                               
design,  construction, or  remodeling  defect,..."  and asked  if                                                               
that essentially provides a one-year warranty on a house.                                                                       
                                                                                                                                
REPRESENTATIVE MEYER  said the ten-year statute  of limitation on                                                               
a  home would  still  be  in effect.  The  language Senator  Ogan                                                               
referred to  says that  once a homeowner  detects a  problem, the                                                               
homeowner  has up  to  one  year to  notify  the  builder of  the                                                               
problem and then the process starts.  He said more than likely, a                                                               
homeowner will  notify the builder  right away and will  not wait                                                               
up to one year.                                                                                                                 
                                                                                                                                
SENATOR OGAN said that proving a  homeowner knew of a problem for                                                               
less than a year would be  difficult. He asked what this law does                                                               
to change the current system.                                                                                                   
                                                                                                                                
REPRESENTATIVE  MEYER said  currently, if  a homeowner  detects a                                                               
problem, the  homeowner could go  directly to litigation  and, to                                                               
avoid court costs, the parties often settle out of court.                                                                       
                                                                                                                                
SENATOR OGAN asked if the objective  of this bill is to force the                                                               
homeowner to try to remedy the situation before going to court.                                                                 
                                                                                                                                
REPRESENTATIVE  MEYER said,  "Exactly." He  said he  believes the                                                               
homebuilder merely wants  the opportunity to fix  the problem. He                                                               
said  he  would characterize  SCS  CSHB  151(L&C) as  a  consumer                                                               
protection bill because  it contains a formal process  so that if                                                               
a homeowner  is forced to  litigate, the homeowner can  show what                                                               
steps he  or she took  to address  the problem. In  addition, the                                                               
homebuilder will  be highly motivated  to correct the  problem to                                                               
avoid litigation.                                                                                                               
                                                                                                                                
SENATOR ELLIS  said one of  the driving concerns  of homebuilders                                                               
is the  rising cost of  insurance. He asked  what representations                                                               
the insurance carriers in the  state have made about their future                                                               
plans to  reduce rates or  maintain rates to justify  the changes                                                               
that SCS CSHB 151(L&C) will make.                                                                                               
                                                                                                                                
REPRESENTATIVE MEYER  said that homebuilders say  this bill "will                                                               
stop the  bleeding." Their  insurance rates  are out  of control.                                                               
Insurance companies  have indicated that  if some process  is put                                                               
in  place  to try  to  control  the  costs,  the rates  will  not                                                               
continue to  accelerate as they  have. He  said he does  not know                                                               
for sure whether it will stop  any increase, but it will stop the                                                               
accelerated increase.                                                                                                           
                                                                                                                                
SENATOR ELLIS said he plans  to support the legislation and hopes                                                               
for the best.  He asked Representative Meyer  to follow insurance                                                               
rates over the next few years to see if the increases slow down.                                                                
                                                                                                                                
REPRESENTATIVE  MEYER   said  he  would   do  so  and   that  the                                                               
homebuilders believe this bill will keep costs down.                                                                            
                                                                                                                                
VICE-CHAIR OGAN took public testimony.                                                                                          
                                                                                                                                
MS. ROBIN  WARD told members that  nationwide insurance companies                                                               
and  not   Alaska  companies  write  insurance   policies.  Those                                                               
companies have  said that  an indication  of a  stabilized market                                                               
will be legislation in the  majority of states across the nation.                                                               
She just  returned from Washington,  D.C., where she  worked with                                                               
representatives  of   the  other  49   states  to   achieve  some                                                               
legislation in each state.                                                                                                      
                                                                                                                                
VICE-CHAIR OGAN asked Ms. Ward whom she represents.                                                                             
                                                                                                                                
MS. WARD  said she  is the co-chair  for legislative  affairs for                                                               
the Alaska State Homebuilders' Association  (ASHA). She then told                                                               
members that  ASHA is  trying to make  itself more  attractive to                                                               
nationwide insurers.  ASHA is also working  on better warranties,                                                               
better contracts, and safety programs.  She said this legislation                                                               
is one  very important component  and Alaska  is one "cog  in the                                                               
wheel"  in the  nation.  She said  this  legislation would  help;                                                               
there  are examples  in other  states where  builders and  buyers                                                               
have gone  to court  in which  the buyer  was more  interested in                                                               
money than having  the repairs done. When a  homeowner submits an                                                               
insurance claim,  the insurance  company usually pays  it without                                                               
managing   it.  She   appreciated   members'   support  of   this                                                               
legislation and offered to answer questions.                                                                                    
                                                                                                                                
VICE-CHAIR  OGAN asked  Ms.  Ward if  the problem  is  due to  an                                                               
insurance crisis in general or  if insurance carriers are pulling                                                               
out of Alaska.                                                                                                                  
                                                                                                                                
MS. WARD said the problem is  a combination of both. In addition,                                                               
the  problem  is partially  due  to  timing. Insurance  companies                                                               
never  realized the  claims in  this business  because they  were                                                               
making a  lot of money on  investments. Now, they are  going back                                                               
to  their actuarial  [tables] to  look at  their business  profit                                                               
centers. Homebuilders'  insurance policies  are not one  of those                                                               
profit centers because  of a lot of  construction litigation. She                                                               
said  that  only two  carriers  would  write liability  insurance                                                               
policies  for  homebuilders. One  of  the  major carriers,  State                                                               
Farm,  is  completely pulling  out  of  homebuilder insurance  in                                                               
Alaska.  She said  for homebuilders  who  can find  a carrier,  a                                                               
policy costs from two to ten times more.                                                                                        
                                                                                                                                
VICE-CHAIR OGAN asked  Ms. Ward if she  believes this legislation                                                               
would  help  mitigate the  decline  in  the number  of  insurance                                                               
carriers.                                                                                                                       
                                                                                                                                
8:25 a.m.                                                                                                                     
                                                                                                                                
MS.  WARD  said   she  does.  She  said  ASHA   is  working  with                                                               
representatives in  Montana, Idaho, Wyoming and  Washington State                                                               
to attract  more carriers to  the region. Those states  have less                                                               
litigation than California, Arizona and other areas.                                                                            
                                                                                                                                
VICE-CHAIR OGAN  asked the average  insurance cost for  a general                                                               
contractor.                                                                                                                     
                                                                                                                                
MS. WARD  said about $500 per  house. She said the  latest quotes                                                               
she  received from  two carriers  in Alaska  would increase  that                                                               
amount to $3,000 per house.                                                                                                     
                                                                                                                                
VICE-CHAIR OGAN  asked if an  owner-builder would be  required to                                                               
have insurance.                                                                                                                 
                                                                                                                                
MS.  WARD   stated,  "This  will   be  mandated  by   a  licensed                                                               
contractor. We're hoping that everyone  will do it, including the                                                               
owner-builder."  She  said  the reality  is  that  owner-builders                                                               
often  turn around  and  sell  their homes  to  make extra  money                                                               
because  they  are  allowed  to  build one  per  year  without  a                                                               
license.                                                                                                                        
                                                                                                                                
MR.  RICHARD TILLY,  representing  the  Interior Alaska  Building                                                               
Association, a group  of 190 builders, vendors,  and suppliers in                                                               
Fairbanks,  stated  support  for   SCS  CSHB  151(L&C).  He  said                                                               
securing liability  insurance for homebuilders has  become a very                                                               
expensive proposition.  His company of 22  years requested quotes                                                               
from  seven nationwide  companies  and found  only  one that  was                                                               
willing  to offer  a quote.  The insurance  industry has  claimed                                                               
that homebuilders  are a  risk and  has been  pulling out  of the                                                               
state. He said  this legislation creates a  win-win situation for                                                               
the consumer, builder and the  insurance industry. He pointed out                                                               
his  insurance rates  rose 20  percent last  year and  22 percent                                                               
this year and he has never filed a single claim in 22 years.                                                                    
                                                                                                                                
MR.  ALAN WILSON,  a Juneau  builder and  the second  co-chair of                                                               
ASHA's legislative affairs committee,  told members that ASHA has                                                               
been  working on  this  bill for  over one  year.  ASHA met  with                                                               
representatives of  other states  to hear their  experiences with                                                               
similar legislation. Early reports  from builders in Arizona show                                                               
the  process  is  working  well   there.    Homeowners  are  more                                                               
comfortable  using the  process to  resolve issues.  Builders are                                                               
responding  to  issues that  are  usually  small but  that  could                                                               
become major. He said he believes  this approach will be a breath                                                               
of  fresh  air from  the  consumers'  perspective. He  said  that                                                               
insurance companies  are in the business  to make money so  it is                                                               
not worthwhile  to fight claims  for up to  $60,000. Homebuilders                                                               
have  found  that fraudulent  individuals  file  claims for  high                                                               
amounts when the  cost of repair might be $5,000.  They hope this                                                               
legislation will bring those activities to an end.                                                                              
                                                                                                                                
With  no  further  participants, VICE-CHAIR  OGAN  closed  public                                                               
testimony.                                                                                                                      
                                                                                                                                
SENATOR  FRENCH  said  his  concern was  addressed  at  the  last                                                               
hearing, that  being that this  legislation effectively  places a                                                               
roadblock between the consumer and  the court. He said it appears                                                               
as  though the  roadblock  is minimal  and he  believes  it is  a                                                               
reasonable  compromise  and should  provide  a  better method  to                                                               
resolve disputes.                                                                                                               
                                                                                                                                
SENATOR FRENCH then  moved SCS CSHB 151(L&C)  from committee with                                                               
individual recommendations and attached fiscal notes.                                                                           
                                                                                                                                
VICE-CHAIR OGAN announced without  objection, the motion carried.                                                               
He then announced a brief at-ease.                                                                                              

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