Legislature(2003 - 2004)

03/04/2004 01:32 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
             HB 340-DAMAGES IN CONSTRUCTION CLAIMS                                                                          
                                                                                                                                
CHAIR CON BUNDE announced HB 340 to be up for consideration.                                                                    
                                                                                                                                
REPRESENTATIVE  KEVIN MEYERS,  sponsor, said  that HB  340 limits                                                               
damages that  can be  collected due to  a construction  defect to                                                               
four  things:  the actual  cost  of  the repairs  necessary,  the                                                               
reasonable  attorney   costs  and   fees,  reasonable   costs  of                                                               
temporary  housing and  the reduction  in market  value, if  any,                                                               
caused by the construction defect.                                                                                              
                                                                                                                                
     What  this bill  doesn't do,  it doesn't  cap the  cost                                                                    
     that can  be collected  if the construction  defect was                                                                    
     done through gross negligence or  if there was personal                                                                    
     injury or death involved.                                                                                                  
                                                                                                                                
     The reason we  are bringing this bill  forward is that,                                                                    
     as you know,  in the State of  Alaska general liability                                                                    
     insurance  is  a  requirement  for  the  folks  in  the                                                                    
     homebuilding and  construction industry. Unfortunately,                                                                    
     it  is  extremely  difficult  for   them  to  get  this                                                                    
     insurance. When they do get  it, it is very limited and                                                                    
     very  costly.  Unfortunately,   those  costs  then  get                                                                    
     passed on to our  constituents, the consumer, when they                                                                    
     try to  buy a new house.  In fact, the State  of Nevada                                                                    
     has  estimated that  every time  the insurance  goes up                                                                    
     $1,000, - 1,400  people then do not qualify  for a home                                                                    
     and these folks are first-time homebuyers.                                                                                 
                                                                                                                                
     Currently,  there are  two companies  writing insurance                                                                    
     in  Alaska. What  we're  hoping this  bill  will do  is                                                                    
     encourage   more  insurance   companies  to   write.  A                                                                    
     question that is  frequently asked is well,  if we pass                                                                    
     this  bill, will  the  insurance rates  go  down and  I                                                                    
     can't guarantee  that, Mr. Chairman, and  I don't think                                                                    
     anybody can.  However, what we  do know is that  if you                                                                    
     have  more competition,  then theoretically,  the rates                                                                    
     should come down.                                                                                                          
                                                                                                                                
     As  we all  know,  the  price of  housing  is going  up                                                                    
     statewide and  we certainly  can't control  labor costs                                                                    
     and we can't control the  price of goods that they have                                                                    
     to pay  for or even  the availability of land.  What we                                                                    
     can do  is attempt  to control  the cost  of insurance,                                                                    
        which is a requirement that we have put on this                                                                         
     industry.                                                                                                                  
                                                                                                                                
     The other thing  I like about this  bill, Mr. Chairman,                                                                    
     is that it  rewards the good builders  and punishes the                                                                    
     bad  builders in  the  sense that  this  bill does  not                                                                    
     pertain to  those builders out  there who are  in gross                                                                    
     negligence, but  it will help  those who are  trying to                                                                    
     do good...and the industry would agree....                                                                                 
                                                                                                                                
MR. DAVID DILLARD, 321 Construction,  Inc., said he builds upper-                                                               
end custom  homes from $150,000 to  $600,000 and about 5  - 6 per                                                               
year.  Jack  Randall  with  State Farm  Insurance  has  been  his                                                               
representative for  15 years. He  has never had any  claims. Last                                                               
year  workers' compensation  cost him  about $6,500  per million,                                                               
but this year  the only company that talked to  him so far wanted                                                               
$20,000 for less coverage. Another  company wouldn't even talk to                                                               
him  for less  than  $50,000. He  didn't know  how  he could  pay                                                               
$10,000 per house for insurance.  He supported HB 340 although it                                                               
isn't a cure-all bill. [Indisc.]                                                                                                
                                                                                                                                
MR.  JEFF DESMET,  Alaska Homebuilders  Association,  said he  is                                                               
considered one  of the  better builders  in the  area, but  he is                                                               
considering getting  out of the  business next year  because it's                                                               
more and more difficult to  be a small business owner, especially                                                               
with  increasing insurance  premiums. Last  year he  was able  to                                                               
acquire insurance for  this year, but for double  the premium for                                                               
less  coverage. He  supported everything  Mr. Dillard  said about                                                               
the  difficulty he  faces as  a builder.  "I just  want to  go on                                                               
record saying I support HB 340...."                                                                                             
                                                                                                                                
MR.  RAY HICKEL,  Alaska Homebuilders  Association, supported  HB
340. [His testimony was indisc.].                                                                                               
                                                                                                                                
MR. LARRY  PARTUSCH, Partusch Plumbing  and Heating  and Northern                                                               
Sheet  Metal Fabricators,  said that  Representative Meyer  did a                                                               
great job  with this bill.  He put  some numbers together  on new                                                               
construction homes and the cost  of insurance for a $220,000 home                                                               
is  7 percent,  which  is really  ridiculous.  "Since 1982,  I've                                                               
plumbed  about 6,000  houses and  I've had  one claim  against my                                                               
insurance and I've heated about 4,500. [Indisc.]"                                                                               
                                                                                                                                
MS.  ROBIN WARD,  Legislative  Chair,  Alaska State  Homebuilders                                                               
Association, said  she supported all builders'  previous comments                                                               
and would answer questions.                                                                                                     
                                                                                                                                
CHAIR BUNDE said that her members  were doing a good job for her.                                                               
"You'd better  be careful or  they'll ask  you for a  refund." He                                                               
asked Representative Meyer if he  had any concluding comments. He                                                               
indicated  not. The  chair  said the  bill would  be  held for  a                                                               
hearing next week.                                                                                                              
                                                                                                                                
SENATOR  GARY  STEVENS  asked  if  any  builders  avoid  carrying                                                               
insurance and is that an issue.                                                                                                 
                                                                                                                                
REPRESENTATIVE MEYER replied, "That is the concern...."                                                                         

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