Legislature(1999 - 2000)

03/24/2000 01:24 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE JUDICIARY STANDING COMMITTEE                                                                                     
                   March 24, 2000                                                                                               
                     1:24 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Norman Rokeberg                                                                                                  
Representative Jeannette James                                                                                                  
Representative Lisa Murkowski                                                                                                   
Representative Eric Croft                                                                                                       
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Pete Kott, Chairman                                                                                              
Representative Joe Green                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 207                                                                                                              
"An Act relating to the registration of persons who perform home                                                                
inspections; and providing for an effective date."                                                                              
                                                                                                                                
     - MOVED CSHB 207(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 211                                                                                                              
"An Act relating to liability for providing managed care services,                                                              
to regulation of managed care insurance plans, and to patient                                                                   
rights and prohibited practices under health insurance; and                                                                     
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 5                                                                                                    
Proposing amendments to the Constitution of the State of Alaska                                                                 
creating a highway fund and a harbor fund.                                                                                      
                                                                                                                                
     - BILL HEARING POSTPONED TO 3/31                                                                                           
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 207                                                                                                                    
SHORT TITLE: LICENSE HOME INSPECTORS                                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 4/21/99       900     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 4/21/99       900     (H)  L&C, JUD, FIN                                                                                       
10/21/99               (H)  L&C AT 10:00 AM ANCHORAGE LIO                                                                       
10/21/99               (H)  MINUTE(L&C)                                                                                         
 2/18/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 2/18/00               (H)  Heard & Held                                                                                        
 2/18/00               (H)  MINUTE(L&C)                                                                                         
 3/03/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 3/03/00               (H)  Heard & Held                                                                                        
 3/03/00               (H)  MINUTE(L&C)                                                                                         
 3/08/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 3/08/00               (H)  Moved CSHB 207(L&C) Out of Committee                                                                
 3/08/00               (H)  MINUTE(L&C)                                                                                         
 3/15/00      2486     (H)  L&C RPT  CS(L&C) NT 1DP 3NR                                                                         
 3/15/00      2486     (H)  DP: ROKEBERG; NR: HARRIS, BRICE,                                                                    
                            HALCRO                                                                                              
 3/15/00      2486     (H)  FISCAL NOTE (DCED)                                                                                  
 3/24/00               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
                                                                                                                                
BILL: HB 211                                                                                                                    
SHORT TITLE: HEALTH CARE INSURANCE                                                                                              
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 4/22/99       914     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 4/22/99       914     (H)  L&C, JUD, FIN                                                                                       
 5/10/99               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 5/10/99               (H)  HEARD AND HELD                                                                                      
 5/10/99               (H)  MINUTE(L&C)                                                                                         
10/22/99               (H)  L&C AT 10:00 AM ANCHORAGE LIO                                                                       
10/22/99               (H)  MINUTE(L&C)                                                                                         
 2/04/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 2/04/00               (H)  -- Meeting Canceled --                                                                              
 2/16/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 2/16/00               (H)  Heard & Held                                                                                        
 2/16/00               (H)  MINUTE(L&C)                                                                                         
 2/16/00               (H)  MINUTE(L&C)                                                                                         
 3/03/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 3/03/00               (H)  Moved CSHB 211(L&C) Out of Committee                                                                
 3/03/00               (H)  MINUTE(L&C)                                                                                         
 3/08/00      2446     (H)  L&C RPT  CS(L&C) NT 1DP 2DNP 3NR                                                                    
 3/08/00      2446     (H)  DP: ROKEBERG; DNP: CISSNA, BRICE;                                                                   
 3/08/00      2446     (H)  NR: MURKOWSKI, HARRIS, HALCRO                                                                       
 3/08/00      2446     (H)  ZERO FISCAL NOTE (DCED)                                                                             
 3/08/00      2446     (H)  REFERRED TO JUDICIARY                                                                               
 3/24/00               (H)  JUD AT  1:00 PM CAPITOL 120                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
BILL BRADY, Agent, RE/MAX Properties;                                                                                           
   Legislative Chair, Anchorage Board of Realtors;                                                                              
   and President, State Association of Realtors                                                                                 
P.O. Box 110101                                                                                                                 
Anchorage, Alaska  99511                                                                                                        
POSITION STATEMENT:  Testified in support of HB 207, Version Q;                                                                 
emphasized the importance of establishing the board, but expressed                                                              
concern about exempting engineers.                                                                                              
                                                                                                                                
ROBERT CARL, President                                                                                                          
Active (ph) Inspections, Incorporated                                                                                           
P.O. Box 3654                                                                                                                   
Palmer, Alaska  99645                                                                                                           
POSITION STATEMENT:  Testified on HB 207, Version Q, that a good                                                                
job was done in rewriting the bill; said he is not as against the                                                               
bill as he was previously.                                                                                                      
                                                                                                                                
BARBARA GABIER, Program Coordinator                                                                                             
Division of Occupational Licensing                                                                                              
Department of Community & Economic Development                                                                                  
P.O. Box 110806                                                                                                                 
Juneau, Alaska  99811-0806                                                                                                      
POSITION STATEMENT:  Answered question regarding the licensing fee                                                              
relating to HB 207.                                                                                                             
                                                                                                                                
VINCE MEURLOTT                                                                                                                  
Building Consultants                                                                                                            
596 Arvita Court                                                                                                                
Fairbanks, Alaska  99712                                                                                                        
POSITION STATEMENT:  Testified on HB 207 on behalf of Building                                                                  
Consultants; had just received Version Q, which he believes is a                                                                
little better than the last version, but he still disagrees with                                                                
some provisions.                                                                                                                
                                                                                                                                
DAVE FEEKEN                                                                                                                     
100 Trading Bay Drive, Number 6                                                                                                 
Kenai, Alaska 99611                                                                                                             
POSITION STATEMENT:  On behalf of the 400 members of the Alaska                                                                 
Association of Realtors, testified in support of HB 207, Version Q,                                                             
except for one concern about the legal action section.                                                                          
                                                                                                                                
DAVID R. OWENS, Building Inspector                                                                                              
Owens Inspection Services                                                                                                       
P.O. Box 3589                                                                                                                   
Palmer, Alaska  99645                                                                                                           
POSITION STATEMENT:  Testified in opposition to HB 207 but hadn't                                                               
read Version Q; said the bill isn't fair to all inspectors in                                                                   
Alaska; emphasized the importance of having a definite standard in                                                              
place first.                                                                                                                    
                                                                                                                                
BRUNO REHBEIN, Home Inspector                                                                                                   
PMB 683                                                                                                                         
3705 Arctic Boulevard                                                                                                           
Anchorage, Alaska  99503                                                                                                        
POSITION STATEMENT:  Testified on HB 207; expressed concerns with                                                               
earlier versions and with exemptions of some inspectors, but                                                                    
believes Version Q is an improvement; suggested that the bill will                                                              
make home inspections more invasive and costly, but believes that                                                               
some kind of licensure for home inspectors is a good idea.                                                                      
                                                                                                                                
CHARLES JEANNET, Registered Engineer and Inspector                                                                              
599 Arvita Court                                                                                                                
Fairbanks, Alaska  99712                                                                                                        
POSITION STATEMENT:  Testifying on HB 207, Version Q, said he has                                                               
a bit of a problem with initiating standards for inspections on                                                                 
existing homes when there aren't yet codes pertaining to those                                                                  
homes in outlying areas; applauds exemption of engineers; and                                                                   
doesn't know if it should be the seller who determines whether old                                                              
reports should be discarded.                                                                                                    
                                                                                                                                
RON JOHNSON                                                                                                                     
610 Attla Way, Number 6                                                                                                         
Kenai, Alaska  99611                                                                                                            
POSITION STATEMENT:  Testifying on HB 207, Version Q, suggested                                                                 
letting regulations determine the types of insurance required, as                                                               
a protection for the public; pointed out supreme court decision                                                                 
overturning one-year provision; said a party to a transaction                                                                   
should include the lender, and engineers should not be exempt.                                                                  
                                                                                                                                
MARK LEWIS, Registered Civil Engineer and President                                                                             
   of the Alaska Association of Home Inspectors                                                                                 
P.O. Box 211021                                                                                                                 
Anchorage, Alaska  99521                                                                                                        
POSITION STATEMENT:  Testified on HB 207; expressed several                                                                     
concerns and said he preferred Version B to Version Q; emphasized                                                               
that engineers should not be exempt.                                                                                            
                                                                                                                                
WILLIAM BRUU, ICBO Inspector and Home Inspector                                                                                 
165 East Parks Highway                                                                                                          
Wasilla, Alaska  99654                                                                                                          
POSITION STATEMENT:  Testified on HB 207, Version Q, on his own                                                                 
behalf as president of his firm; asked whether the bill limits his                                                              
right as an ICBO inspector to file a lien on new construction;                                                                  
suggested redrafting the legal actions section on page 6; discussed                                                             
other issues.  On behalf of another inspector, suggested limiting                                                               
the life of the report to 90 days or less, or to the person who                                                                 
contracts for the service.                                                                                                      
                                                                                                                                
SHARON MACKLIN, Lobbyist for                                                                                                    
   the Alaska Professional Design Council                                                                                       
315 Fifth Street, Apartment 8                                                                                                   
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified in support of HB 207, Version Q.                                                                 
                                                                                                                                
JOHN BITNEY, Legislative Liaison                                                                                                
Alaska Housing Finance Corporation                                                                                              
P.O. box 101020                                                                                                                 
Anchorage, Alaska  99510-1020                                                                                                   
POSITION STATEMENT:  Testified in support of HB 207.                                                                            
                                                                                                                                
CATHERINE REARDON, Director                                                                                                     
Division of Occupational Licensing                                                                                              
Department of Community & Economic Development                                                                                  
PO Box 110806                                                                                                                   
Juneau, Alaska 99811-0806                                                                                                       
POSITION STATEMENT:  Testified on HB 207.                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-37, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
REPRESENTATIVE JEANNETTE JAMES called the House Judiciary Standing                                                              
Committee meeting to order at 1:24 p.m.  Members present at the                                                                 
call to order were Representatives James, Rokeberg, Murkowski and                                                               
Kerttula.  Representative Croft arrived as the meeting was in                                                                   
progress.                                                                                                                       
                                                                                                                                
HB 207 - LICENSE HOME INSPECTORS                                                                                                
                                                                                                                                
REPRESENTATIVE JAMES announced that the first order of business                                                                 
would be HOUSE BILL NO. 207, "An Act relating to the registration                                                               
of persons who perform home inspections; and providing for an                                                                   
effective date."  She advised members that there was a new proposed                                                             
committee substitute (CS), Version Q.                                                                                           
                                                                                                                                
Number 0056                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI made a motion to adopt the proposed CS,                                                                
Version Q [1-LS0132\Q, Lauterbach, 3/24/00], as a work draft.                                                                   
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Number 0082                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG, speaking as the sponsor of HB 207,                                                                     
explained that Version Q goes back to an earlier rendition of the                                                               
bill.  There had been objections by registered architects and                                                                   
engineers to some of the language in CSHB 207(L&C), which came out                                                              
of the House Labor and Commerce (L&C) Standing Committee.                                                                       
Therefore, he had decided to remove that language.  To his belief,                                                              
the problem has been ameliorated in large part, although not                                                                    
universally.  He had redrafted the bill to include the full board                                                               
and creation of a commission for home inspectors.                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG informed fellow members that home                                                                       
inspection is an integral part of all residential real estate                                                                   
transactions in Alaska.  However, this bill only speaks to those                                                                
residences defined as four-plexes or less.  For perhaps 90 or 95                                                                
percent of the resales of existing homes, home inspectors work with                                                             
clients as part of the real estate transaction.  However, anybody                                                               
can be a home inspector in Alaska.  Representative Rokeberg said he                                                             
has worked with a large group of people in the state, particularly                                                              
in the Anchorage area, over the last year and a half to create an                                                               
appropriate amount of regulatory control over this activity in                                                                  
Alaska, so that consumers are protected, have a means of filing                                                                 
grievances, and have a forum for redress for any problems that come                                                             
up in these transactions.                                                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG reported that additionally, home inspectors                                                             
in the state were, in their contracts, using provisions that                                                                    
expressly exculpated themselves from liability, leaving that                                                                    
liability only to the value of a contract.  This bill specifically                                                              
prohibits that as a matter of public policy.  He believes the                                                                   
liability should be greater than merely the $250-350 in fees                                                                    
charged by the home inspector.  If, in fact, there has been a                                                                   
breach or omission in a particular inspection, then liability                                                                   
should run to the home inspector.                                                                                               
                                                                                                                                
Number 0329                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG explained that in working this fine balance                                                             
between areas such as Juneau - where home inspections are                                                                       
predominantly performed by "engineering people" - and the Fairbanks                                                             
area - where engineers predominate in a number of home inspections                                                              
- it was believed best to exempt engineering professionals from the                                                             
constraints of the licensing activities of this bill; he mentioned                                                              
the establishment of the board, the regulations to be developed and                                                             
the continuing education provisions that apply to home inspectors.                                                              
The argument for that, he noted, is that architects and engineers                                                               
are trained professionals.                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG pointed out that this is a controversial                                                                
issue.  Some in the real estate business, in particular, believe an                                                             
engineering degree doesn't necessarily correlate with expertise to                                                              
be a home inspector.  Although most of the engineers doing this                                                                 
activity are civil engineers, the State of Alaska just has a                                                                    
designation of "professional engineer" in statute; there is,                                                                    
however, a differentiation among six different engineering                                                                      
disciplines in regulation.  Noting the drafting difficulties with                                                               
that, Representative Rokeberg explained:                                                                                        
                                                                                                                                
     We endeavored to draft the bill to only stipulate that a                                                                   
     civil engineer could do this, but we found that it was                                                                     
     extremely difficult.  There is language in here that                                                                       
     tries to narrow that focus in terms of the exemption.                                                                      
     Also exempted are real estate appraisers, to the                                                                           
     activities ... allowed under their chapter in the                                                                          
     statute, as well as things like ... pest exterminators                                                                     
     and so forth; we have a request for that addition.                                                                         
                                                                                                                                
REPRESENTATIVE ROKEBERG acknowledged that this is a balancing act,                                                              
to a degree, in trying to achieve the long-range goal of                                                                        
establishing a licensing board.  In his four years as chairman of                                                               
the House L&C Committee, he said this is the first new board or                                                                 
commission that he has been involved in establishing.  He explained                                                             
that he had felt the need for public protection is so great that it                                                             
overweighs the philosophical argument regarding establishing new                                                                
government regulations or control; he said these people are                                                                     
involved in a major portion of the state economy, over 2 billion                                                                
dollars' worth of domestic product.                                                                                             
                                                                                                                                
Number 0520                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG directed attention to page 6, starting on                                                               
line 8, relating to [proposed] AS 08.57.810, legal actions against                                                              
a home inspector.  This provision in effect limits the person who                                                               
can bring a cause of action against a home inspector to a seller,                                                               
an owner of a property or a prospective buyer of the inspected                                                                  
property.  Representative Rokeberg conveyed his intention, as                                                                   
sponsor, to also limit the validity of the report that is issued to                                                             
one year.  He noted that these important issues also have generated                                                             
some controversy within the industry.                                                                                           
                                                                                                                                
REPRESENTATIVE ROKEBERG explained what happens in a real estate                                                                 
transaction.  The home inspector, usually at the request of a                                                                   
prospective buyer, will inspect a home.  The home inspection                                                                    
report, then, is usually given to the agent of the buyer, who uses                                                              
that in speaking with the seller and/or the seller's agent in                                                                   
trying to fix problems revealed in the report.  Representative                                                                  
Rokeberg told members:                                                                                                          
                                                                                                                                
     What happens is you start having a report that's been                                                                      
     issued and purchased by one party being passed around to                                                                   
     as many as four different parties, then gets passed                                                                        
     around to, potentially, a real estate appraiser trying to                                                                  
     put a value on the home or to the lender; in many                                                                          
     instances, the lenders will request these reports.  So,                                                                    
     all of a sudden, we have a report that's being circulated                                                                  
     to a large number of people.                                                                                               
                                                                                                                                
     And what's been happening is that these reports have                                                                       
     cropped up a year - or two years, three years - later                                                                      
     that may have an influence on a real estate transaction,                                                                   
     and under our current statutes have some ability to be                                                                     
     enforced under our current statute of limitation under                                                                     
     contracts, which is three years, and our statute of                                                                        
     repose, which is ten [years] in the State of Alaska.                                                                       
                                                                                                                                
     So, therefore, to try to cut down this proliferation of                                                                    
     paperwork ... and the liabilities to the home inspector,                                                                   
     the bill has a one-year limitation.  And the rationale                                                                     
     behind that is this:  When a report and inspection is                                                                      
     done, it's a snapshot of the property or the premises at                                                                   
     a point in time.  Any number of things can happen to a                                                                     
     property after that inspection, particularly in a climate                                                                  
     such as Alaska's.  The roof, the foundations,                                                                              
     particularly, ... other elements or components of a                                                                        
     building can be substantially changed by the weather and                                                                   
     activities that happen in our northern climate.                                                                            
                                                                                                                                
     Therefore, Madame Chair, it was my opinion that the                                                                        
     public need to restrict the liability that could arise                                                                     
     out of the report; [it] should be limited because we've                                                                    
     taken away the protection that was ostensible in the                                                                       
     contract language to try to limit the liability of                                                                         
     inspectors to the $350 report fee.  So, in trying to                                                                       
     balance this whole activity, we felt it would be in the                                                                    
     public interest to have that.                                                                                              
                                                                                                                                
     You'll note, on the same page, in subsection (b) of that                                                                   
     section, ... that if there is an omission from the                                                                         
     report, that that omission is not given the same                                                                           
     statutory protection of one year, however.  It's only if                                                                   
     there is a misleading or inaccurate element of the report                                                                  
     that the one-year provision comes into play.  And if                                                                       
     that, in fact, is a misleading or inaccurate report, it                                                                    
     should come up immediately in the course of the closing                                                                    
     of the real estate transaction - most typically, a seller                                                                  
     defending the veracity of his property, and the fact that                                                                  
     a seller would ask for a reinspection or a revision to                                                                     
     [the] report, and dispute that report; he certainly has                                                                    
     a right to. ...                                                                                                            
                                                                                                                                
     It is very important to keep in mind:  this body, the                                                                      
     legislature, several years ago - to its great, I think,                                                                    
     betterment to the real estate community and the consumers                                                                  
     of this state, and the home buyers of this state - have                                                                    
     mandated a disclosure document be part of every real                                                                       
     estate transaction, ... in closing, in ... Alaska. ...                                                                     
     All sellers of homes in the state ... have a duty,                                                                         
     statutorily, to fill out and provide a buyer a disclosure                                                                  
     report of any problems that may be occurring around ...                                                                    
     the home.                                                                                                                  
                                                                                                                                
     And what happens now is that once a buyer orders a home                                                                    
     inspection report and they give the seller the report,                                                                     
     the seller now is dutybound to take the elements of that                                                                   
     report and revise his disclosure statement in the                                                                          
     strictest interpretation of the law.  And that is true.                                                                    
     ... Now, whether people are doing that, I'm not so sure.                                                                   
     ... But what happens if, in fact, the seller disputes                                                                      
     that report?  And that's that issue, ... and that's the                                                                    
     particular thing ... that's in play, but it's in play                                                                      
     immediately.  So, ... the resolution of any dispute about                                                                  
     the veracity of the report and its accuracy can be, I                                                                      
     think, ameliorated within the one-year period.  So that's                                                                  
     the reason that's in there.                                                                                                
                                                                                                                                
Number 0690                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG mentioned that people doing this now can                                                                
apply, during the transition period, to become home inspectors.  He                                                             
stated:                                                                                                                         
                                                                                                                                
     We have provisions in here for associate home inspectors                                                                   
     that don't have the full training and background, if they                                                                  
     work under the supervision of the home inspectors, so the                                                                  
     industry can grow and flourish, and additional jobs can                                                                    
     be created in here - the same with the engineering                                                                         
     components.  I think we've made this bill as easy as                                                                       
     possible in the transitional provisions.                                                                                   
                                                                                                                                
     And also, there's additional language here that was                                                                        
     requested by Alaska Housing Finance Corporation (AHFC)                                                                     
     that utilizes the existing home inspectors or so-called                                                                    
     ICBO inspectors, which are integrated underneath this                                                                      
     board. ... These inspectors are those that exist in the                                                                    
     rural areas of the state and inspect all homes that are                                                                    
     financed by Alaska Housing Authority in the rural areas                                                                    
     of the state that may be new construction.                                                                                 
                                                                                                                                
     And it does, in the exemption section, exclude all                                                                         
     building officials within a municipality or political                                                                      
     subdivision that has a building authority for home                                                                         
     inspections themselves. ... For example, in Anchorage the                                                                  
     city building official has primacy in looking after the                                                                    
     home inspections for new construction, as well as those                                                                    
     people that work for him are exempt from being licensed                                                                    
     under the statute.                                                                                                         
                                                                                                                                
Number 0993                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI noted that there had been a couple of                                                                  
iterations in the House L&C Committee, of which she is a member.                                                                
She asked whether this proposed CS [Version Q] is similar to what                                                               
they had heard in that committee.                                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG said yes, with the exception of the changes                                                             
in the liability section and some fine-tuning on the exemption                                                                  
section, "as related to the specificity about engineers acting                                                                  
within their registration, and the appraisers."  He added:                                                                      
                                                                                                                                
     There was some broader language, which is intended to do                                                                   
     the same thing.  This requires the engineer/architect to                                                                   
     affix their seal and/or their signature, which we found                                                                    
     out subsequently were ... actually legally the same                                                                        
     thing.  You don't have to seal a document if you sign it.                                                                  
     It has the weight of you being a professional engineer.                                                                    
     So, that became somewhat of a redundancy.  ... What we're                                                                  
     doing here is ... saying that if you're an architect or                                                                    
     engineer, you're engaging in home inspections, that you                                                                    
     have to sign the report.  So your liability runs to your                                                                   
     professional registration. ... But it still allows them                                                                    
     to do that without being licensed.                                                                                         
                                                                                                                                
     There's a couple of elements in here that ... have been                                                                    
     changed to give a certain benefit ....  There's one                                                                        
     change from -- the one iteration in Labor and Commerce                                                                     
     says that if you are to advertise yourself as a licensed                                                                   
     home inspector, you have to be a licensed home inspector.                                                                  
     You can't be an engineer or architect.  So, that gives                                                                     
     the licensed home inspector a slight advantage by saying,                                                                  
     "I'm a licensed home inspector," where the engineer and                                                                    
     architect that are doing home inspections can't do that,                                                                   
     but they can say that they're an architect or engineer,                                                                    
     which ... shouldn't be a negative.                                                                                         
                                                                                                                                
     So, we're trying to do a balance here to keep everybody                                                                    
     happy.  And it was kind of interesting in putting this                                                                     
     whole thing together.  I first had two work sessions in                                                                    
     my office in Anchorage over a period of a year where I                                                                     
     brought all the home inspectors together in the Mat-Su                                                                     
     and Anchorage area, or those that were interested in it.                                                                   
     And a number of these folks ... were engineers.  And, as                                                                   
     a result, ... they've created a chapter of the American                                                                    
     Association of Home Inspectors.  There's about 16 states                                                                   
     have taken up this legislation and passed it now, and                                                                      
     this is one element of it. ...                                                                                             
                                                                                                                                
Number 1165                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG noted that in several iterations of the                                                                 
bill prior to CSHB 207(L&C), there was E&O [errors and omissions]                                                               
insurance.  He believes that was deleted in the last version                                                                    
because of concern about setting a precedent.  Perhaps with the                                                                 
exception of doctors, to which Ms. Reardon could possibly speak, he                                                             
doesn't think any statute, board or commission in state law                                                                     
mandates E&O insurance.  Therefore, the desire is to not start that                                                             
precedent, even though testimony indicates most people engaged in                                                               
this activity do, as a rule, have E&O insurance.  Representative                                                                
Rokeberg added, "In taking their exculpatory language away from                                                                 
their contract, I think militates towards them, as a matter of                                                                  
practice, having E&O insurance, which is available, incidentally,                                                               
for this ...."                                                                                                                  
                                                                                                                                
Number 1209                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA requested clarification about what                                                                      
Representative Rokeberg was saying about the legal action section                                                               
on page 6.  She specifically asked whether there originally was a                                                               
limitation of $350 liability for the report in subsection (a).                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG replied, "That's what they're doing in                                                                  
their contracts with the ... homeowner or buyer, whoever retains                                                                
them as a client.  They would put provisions in their contract                                                                  
limiting their liability to that dollar amount, or the fee."                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA commented, "So, then, this one is actually                                                              
broadening out ... if it's a statement."                                                                                        
                                                                                                                                
REPRESENTATIVE ROKEBERG affirmed that, adding that there also is a                                                              
very specific provision on the bottom of page 7, line 31.  He read                                                              
from subsection (b) beginning on line 31, which stated:                                                                         
                                                                                                                                
     Contractual provisions that purport to limit the                                                                           
     liability of a home inspector to the cost of the home                                                                      
     inspection report are contrary to public policy and void.                                                                  
                                                                                                                                
Number 1323                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES asked whether there were further questions of                                                              
the sponsor; there was no response.  She noted that several people                                                              
had signed up to testify, both locally and on teleconference.                                                                   
                                                                                                                                
Number 1340                                                                                                                     
                                                                                                                                
BILL BRADY, Agent, RE/MAX Properties; Legislative Chair, Anchorage                                                              
Board of Realtors; and President, State Association of Realtors,                                                                
testified via teleconference from Anchorage.  He noted that David                                                               
Feeken, legislative chair from the state association, would testify                                                             
from Kenai.  Mr. Brady informed members that the Anchorage Board of                                                             
Realtors' legislative committee is in favor of this bill, which                                                                 
they consider consumer protection legislation.  He thanked                                                                      
Representative Rokeberg for the change from Version T [CSHB
207(L&C)] to Version Q, especially regarding the establishment of                                                               
a board, which he believes to be highly important because the board                                                             
could start regulating the industry and coming forth with                                                                       
regulations and legislation on that.                                                                                            
                                                                                                                                
MR. BRADY urged passage of this bill as soon as possible.  However,                                                             
he expressed concern about exempting engineers, which he doesn't                                                                
believe to be in consumers' best interests.  He explained his                                                                   
reasoning.  Engineers focus on a discipline.  If a petroleum                                                                    
engineer or a mining engineer, for example, retires and wants to                                                                
supplement his or her income by becoming a home inspector, Mr.                                                                  
Brady doesn't believe that person would be qualified.  He also                                                                  
mentioned mandating continuing education to people in the field.                                                                
                                                                                                                                
MR. BRADY suggested that perhaps the board, when it organizes,                                                                  
could "grandfather in" current engineers with some length of                                                                    
service in home inspections.  However, he doesn't believe all                                                                   
engineers should be exempt in the future.  Mr. Brady restated                                                                   
support for the bill, suggesting that the board could work on the                                                               
areas of concern and come to some conclusion.  He thanked                                                                       
Representative Rokeberg and his committee for working with the                                                                  
industry and the home inspectors to bring this "consumer protection                                                             
bill" forward.                                                                                                                  
                                                                                                                                
Number 1553                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES referred to Mr. Brady's example of mining or                                                               
petroleum engineers.  She asked whether he believes that those                                                                  
engineers don't have the experience or the education.  She conveyed                                                             
her understanding that the [engineering education] is fairly                                                                    
generic until the specialization stage is reached.  She said it                                                                 
seems that those people would have the ability, even though they                                                                
might not have the experience.                                                                                                  
                                                                                                                                
MR. BRADY replied that he would have to defer to engineers and home                                                             
inspectors, as well as to Representative Rokeberg.  He then                                                                     
restated that structural, mining and petroleum engineers focus on                                                               
those particular areas.  He doesn't know if the general background                                                              
knowledge is great enough to do home inspections, a specific job                                                                
that just "popped up" in the last four or five years.                                                                           
                                                                                                                                
REPRESENTATIVE JAMES thanked Mr. Brady and noted that                                                                           
Representative Croft had joined the meeting [during Mr. Brady's                                                                 
earlier testimony].                                                                                                             
                                                                                                                                
Number 1648                                                                                                                     
                                                                                                                                
ROBERT CARL, President, Active (ph) Inspections, Incorporated                                                                   
testified via teleconference from the Mat-Su LIO (Legislative                                                                   
Information Office).  The way the bill is rewritten, he told                                                                    
members, he isn't as much against it as previously, but he has                                                                  
questions.  He could see getting rid of the provision holding                                                                   
liability to the cost of the inspection.  Noting that his own                                                                   
contract had a provision regarding binding arbitration through the                                                              
Better Business Bureau, he asked if that still will be allowed.                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG answered, "The bill is silent on that, and                                                              
I think it would be allowed."                                                                                                   
                                                                                                                                
MR. CARL said he doesn't see the cost of the license in the bill.                                                               
As he reads it, it is possible to get three different licenses:                                                                 
one for new construction, one for real estate and one combination                                                               
license.  Noting that earlier versions had contained $250,000 in                                                                
E&0 insurance, he asked if that had been deleted.                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG affirmed that.                                                                                          
                                                                                                                                
MR. CARL indicated one of his previous concerns was that inspectors                                                             
were being mandated to have the deepest pockets.  He restated that                                                              
he is much more pleased with the bill now.                                                                                      
                                                                                                                                
Number 1752                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG responded that the licensing fees will be                                                               
set by the commission or board [to be] established, but also they                                                               
are set by statute in the sense that all boards and commissions                                                                 
have to be self-supporting.  He believes that the  estimate from                                                                
the Division of Occupational Licensing was in the $350 range; the                                                               
amount has varied in different fiscal notes for different                                                                       
iterations of the bill.  Representative Rokeberg added, "I don't                                                                
expect that there'll be much of a differentiation unless the board                                                              
decided to license the associates at a lesser level or something,                                                               
if at all, ... in terms of fee."                                                                                                
                                                                                                                                
MR. CARL asked whether that would be for all three licenses or for                                                              
each one.                                                                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG replied, "I think so, but that could be                                                                 
determined by the board."  He added that it is over a two-year                                                                  
period.  He requested clarification about the amount from the                                                                   
Division of Occupational Licensing.                                                                                             
                                                                                                                                
Number 1830                                                                                                                     
                                                                                                                                
BARBARA GABIER, Program Coordinator, Division of Occupational                                                                   
Licensing, Department of Community & Economic Development, came                                                                 
forward.  She reported that she had a copy of a previous fiscal                                                                 
note relating to a bill version that included a board.  In that                                                                 
version, based upon 100 licensees, the amount was approximately                                                                 
$800 for a two-year period, which would be around $400 a year.                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG commented, "That was the high-side                                                                      
estimate."                                                                                                                      
                                                                                                                                
REPRESENTATIVE JAMES confirmed with Mr. Carl that he had heard Ms.                                                              
Gabier's response.  She then pointed out that determination of the                                                              
amount would be based on the cost of the application, which would                                                               
be determined by regulation.                                                                                                    
                                                                                                                                
Number 1862                                                                                                                     
                                                                                                                                
VINCE MEURLOTT, Building Consultants, testified via teleconference                                                              
from Fairbanks, indicating he had just received Version Q.  Mr.                                                                 
Meurlott expressed appreciation for the work done on this bill; he                                                              
believes the new version is a little better than the last one but                                                               
still disagrees with some provisions.  This still raises the cost                                                               
of government without sufficient benefits to the average citizen,                                                               
to his belief, and administering this program will require more                                                                 
time, effort and money than it would first appear to require.  He                                                               
isn't sure that 50 licensed inspectors will pay into this.                                                                      
                                                                                                                                
MR. MEURLOTT pointed out that the previous fiscal note didn't                                                                   
include funding for enforcement costs, which appear to be exactly                                                               
what Representative Rokeberg and others are really looking for; he                                                              
believes that tracking this down will be a little more expensive                                                                
than it might appear on paper.  He informed members that he is a                                                                
registered engineer.  He agreed that most people in Fairbanks have                                                              
engineers do their inspections, as he believes is the case in                                                                   
Juneau.                                                                                                                         
                                                                                                                                
MR. MEURLOTT contrasted what happens in the Lower 48 versus Alaska.                                                             
In the Lower 48, private home inspectors are almost inspecting                                                                  
housing stock constructed under the watchful eye of a jurisdiction                                                              
that enforces the codes; the construction is usually safe, sound                                                                
and sanitary from the beginning.  Furthermore, inspectors primarily                                                             
ascertain whether homes have been properly maintained, and that                                                                 
appliances and GFIs [ground-fault indicators] function properly.                                                                
Checklists include termites, carpenter ants and maintenance of                                                                  
finishes, and inspectors almost act like insurance agents to                                                                    
warranty the appliances.                                                                                                        
                                                                                                                                
MR. MEURLOTT pointed out that in Alaska, however, there is a great                                                              
value in having engineers do the job.  For structural areas, many                                                               
"nonengineer types" cannot calculate a [required] beam or joist, or                                                             
evaluate soil conditions.  Furthermore, most of the training                                                                    
available to the construction community "here" has been only with                                                               
regard to thermal and energy efficiency.  Even the contractors                                                                  
don't really get structural training that they can hang on to.  Mr.                                                             
Meurlott said he routinely finds poorly constructed roofs, for                                                                  
example, that a nonengineer could not properly evaluate, "because                                                               
I've come behind them several times."                                                                                           
                                                                                                                                
MR. MEURLOTT also expressed some concern about the changes                                                                      
regarding disclosures.  He doesn't personally feel too bad about                                                                
the reports being circulated years later.  Although a report is a                                                               
snapshot at a particular time, it still helps somebody three years                                                              
down the road to recognize that a problem may still exist or that                                                               
a correction has been made.  Therefore, he believes that the added                                                              
disclosure language is not that favorable.                                                                                      
                                                                                                                                
Number 2081                                                                                                                     
                                                                                                                                
MR. MEURLOTT expressed confusion because the title of the bill                                                                  
appears to limit it to housing under AHFC.                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG clarified that the bill is for "the ICBO                                                                
[International Conference of Building Officials]-type Alaska                                                                    
Housing Finance" and all home inspectors who are not licensed or                                                                
registered engineers or architects that undertake to do home                                                                    
inspections.  "So this gentleman would be exempt from being                                                                     
licensed," he said of Mr. Meurlott.  "He could continue doing his                                                               
activities, but he'd be exempt from his license."                                                                               
                                                                                                                                
Number 2153                                                                                                                     
                                                                                                                                
DAVE FEEKEN testified via teleconference from Kenai on behalf of                                                                
the 400 members of the Alaska Association of Realtors, indicating                                                               
his organization had worked closely with the sponsor on this                                                                    
legislation over the last couple of years.  Mr. Feeken expressed                                                                
"total support" for passage of HB 207 but pointed out one concern                                                               
regarding the legal actions section.  He mentioned that a couple of                                                             
issues discussed that morning "in our meeting" related to the                                                                   
definition of a seller, owner or prospective buyer on page 6, lines                                                             
12 and 13.  It is becoming a national trend to obtain this                                                                      
inspection prior to when the property actually is on the market                                                                 
because it in the seller's best interest, from a negotiating                                                                    
standpoint, to give some idea of what will be on the report.  His                                                               
organization has concerns because there isn't a prospective buyer                                                               
when some of these inspections are coming forward.                                                                              
                                                                                                                                
Number 2207                                                                                                                     
                                                                                                                                
MR. FEEKEN turned attention to subsection (b), regarding omissions.                                                             
He asked whether his understanding is correct that the one-year                                                                 
[provision] doesn't apply to that.                                                                                              
                                                                                                                                
REPRESENTATIVE ROKEBERG agreed that is how it is drafted now.                                                                   
                                                                                                                                
MR. FEEKEN referred to Representative Rokeberg's mention that there                                                             
is mandatory property disclosure on the part of the seller.  He                                                                 
informed members that if there is an existing report, the seller is                                                             
generally including that in the property disclosure statement, as                                                               
the engineer from Fairbanks had indicated.  Mr. Feeken said he                                                                  
understands the intention there of clarifying that the report is a                                                              
snapshot of that property, that day, at that point, and understands                                                             
the desire to not be liable for changes in the property's condition                                                             
two or three years later.  However, the reality of the business is                                                              
that the old reports are ending up as part of the mandatory                                                                     
property disclosure statement.                                                                                                  
                                                                                                                                
MR. FEEKEN concluded by saying he thinks this licensing bill is                                                                 
going in the right direction and may be ahead of a national                                                                     
requirement that would be imposed by the FHA [Federal Housing                                                                   
Administration], which has attempted this three times in the last                                                               
three years.  Mr. Feeken noted that he had served on the                                                                        
legislative committee of the national association of realtors for                                                               
about ten years.  He surmised that this type of legislation will                                                                
become mandatory at the state level; otherwise, states will lose                                                                
the ability to have FHA loans, which in Alaska may be 90 percent or                                                             
more of the loans, as the FHA is the underwriter on most Alaska                                                                 
housing loans.                                                                                                                  
                                                                                                                                
Number 2290                                                                                                                     
                                                                                                                                
DAVID R. OWENS, Building Inspector, Owens Inspection Services                                                                   
(Palmer), testified via teleconference from Anchorage, noting that                                                              
he has been a building inspector since 1983; ten of his years as a                                                              
building inspector were with the Municipality of Anchorage.  Mr.                                                                
Owens informed members that he is opposed to this bill; he                                                                      
acknowledged that he wasn't addressing the latest version, which he                                                             
had just received, and indicated some of his concerns may have been                                                             
addressed.                                                                                                                      
                                                                                                                                
MR. OWENS explained that he doesn't believe the bill is fair to all                                                             
inspectors in this business because it just regulates a small part                                                              
of the inspectors.  Furthermore, there is no definite standard in                                                               
Alaska to inspect to; he believes it is very important to have that                                                             
first.  Mr. Owens suggested this needs to go back to the drawing                                                                
board, to come out with a basic, simple bill that works.  He said                                                               
that he supposes just looking at existing houses would be okay                                                                  
because there is some need in that area.  However, it is really                                                                 
unfair that "the commercial inspectors, the guys that do rebar,                                                                 
concrete work, structural steel" don't have to have any                                                                         
requirements or E&O insurance.                                                                                                  
                                                                                                                                
Number 2358                                                                                                                     
                                                                                                                                
BRUNO REHBEIN, Home Inspector, testified via teleconference from                                                                
the Mat-Su LIO, noting that he has a home inspection service "in                                                                
the valley"; although he has only done that for a year and a half,                                                              
he has been involved in building homes for over 20 years.  Pointing                                                             
out that he had just received Version Q, Mr. Rehbein said he                                                                    
believes the changes improve the bill.  He had been concerned about                                                             
"the engineering concerns of the previous testimony," as well as                                                                
the fact that commercial inspectors aren't involved in this                                                                     
licensing or the requirements.                                                                                                  
                                                                                                                                
MR. REHBEIN surmised that if this goes through, housing inspections                                                             
would become more invasive, with increased scrutiny, documentation                                                              
and costs.  Other than that, however, he thinks it is basically a                                                               
good idea to have some kind of licensure for home inspectors,                                                                   
except that he is also a little concerned about exempting building                                                              
officials and municipal inspectors.  He asked, "If I go into                                                                    
Anchorage and do a home inspection on an existing home that was                                                                 
previously done by a municipality, where's my knowledge on what                                                                 
they require, and where's their knowledge on what the state                                                                     
requires?"                                                                                                                      
                                                                                                                                
Number 2435                                                                                                                     
                                                                                                                                
CHARLES JEANNET, Registered Engineer and Inspector, testified via                                                               
teleconference from Fairbanks.  He first inquired about the                                                                     
reference to AHFC in the title.                                                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG answered that it is the way legislation is                                                              
drafted under the drafting manual under the single-subject rule in                                                              
the state constitution.  The title in essence puts the public on                                                                
notice.  The first portion of the title has to do with licensure of                                                             
home inspectors, and the second portion [has to do with AHFC].                                                                  
                                                                                                                                
TAPE 00-37, SIDE B                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG explained that the title "goes away" after                                                              
passage of a bill.                                                                                                              
                                                                                                                                
MR. JEANNET informed members that in general he concurs with the                                                                
comments made by Mr. Owens in that he has a bit of problem with                                                                 
trying to initiate standards for inspections on existing homes when                                                             
there aren't yet codes pertaining to those homes in outlying areas.                                                             
In that one regard, the cart is in front of the horse.  Many                                                                    
properties have been constructed without any reference to codes or                                                              
inspections; by establishing some sort of standard of practice and                                                              
"siccing a bunch of inspectors on those homes," he sees this as                                                                 
escalating the costs for the sellers of those homes.                                                                            
                                                                                                                                
MR. JEANNET turned attention to the exemption of engineers.  He                                                                 
told members that he applauds the efforts "to take the engineers                                                                
out from under this bill."  He believes that engineers should know                                                              
whether or not they are qualified to do an inspection and will act                                                              
accordingly.  They also have an existing board and code of ethics                                                               
to which they are answerable.  If an engineer is practicing in a                                                                
manner contrary to his or her area of expertise, that existing                                                                  
board can deal with that.                                                                                                       
                                                                                                                                
MR. JEANNET told members that this bill appears to fly in the face                                                              
of the current state disclosure laws.  For instance, if a seller                                                                
doesn't agree with a previous engineer's report or inspection                                                                   
report, he believes that the seller can, in essence, tear up that                                                               
report; if that buyer goes away, then a new buyer could go along                                                                
without that former report being disclosed.  In fact, it may even                                                               
be illegal to disclose that former report, which Mr. Jeannet sees                                                               
as a problem.  He asked whether he is reading that correctly.                                                                   
                                                                                                                                
Number 0118                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG answered that he wouldn't agree with Mr.                                                                
Jeannet's interpretation.  He elaborated:                                                                                       
                                                                                                                                
     If a seller is aware that there is a problem with this                                                                     
     home, it has nothing to do with this report.  If they                                                                      
     became aware of it by the report, that's one form of                                                                       
     communication.  It's the report itself that doesn't                                                                        
     survive.  It's not the knowledge.  The knowledge ... is                                                                    
     [an] evidentiary fact.  So the two may be connected as a                                                                   
     communication but not connected in fact.                                                                                   
                                                                                                                                
MR. JEANNET replied that as he sees it, however, it is left up to                                                               
the opinion of the seller as to whether that former report or the                                                               
deficiencies noted in it are legitimate.  That is where he believes                                                             
the problem is.  If a problem had been noted by a former inspector,                                                             
then he doesn't think it should be left up to the seller to                                                                     
determine whether that needs to be addressed.                                                                                   
                                                                                                                                
REPRESENTATIVE ROKEBERG responded that the state law says that the                                                              
seller has to fill out the disclosure form, which has nothing to do                                                             
with the home inspection report.  Those are two separate documents.                                                             
                                                                                                                                
Number 0160                                                                                                                     
                                                                                                                                
MR. JEANNET pointed out a real-life example that had occurred                                                                   
within the last 30 days in Fairbanks.  He had been asked to look at                                                             
a home that another inspector had looked at only two or three weeks                                                             
previously.  He was told by the real estate agent that the former                                                               
report was null and void, the buyer had gone by the wayside, there                                                              
was a new buyer, and Mr. Jeannet didn't even need to look at that                                                               
former report.  However, Mr. Jeannet had insisted upon looking at                                                               
the report.  As it turned out, some issues were brought out in that                                                             
report because of snow and other conditions present at the time                                                                 
when the other inspector had looked at the home; the inspector had                                                              
been able to observe some things that later, when the snow had been                                                             
removed and conditions were different, Mr. Jeannet wouldn't have                                                                
been able to see.                                                                                                               
                                                                                                                                
MR. JEANNET emphasized that in that instance, the disclosure                                                                    
statements had already been filled out, prior to even listing the                                                               
home.  His only tip-off had been the comments [in the report] from                                                              
that previous engineer who had looked at the place.  Under this                                                                 
bill, in contrast, Mr. Jeannet wouldn't have been able to demand to                                                             
look at the previous report, and he believes that perhaps the                                                                   
seller would have been prohibited from providing it to him.                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG disagreed.  He said that if the seller                                                                  
becomes aware, under the state real estate disclosure statute, that                                                             
there is any deficiency, then he must modify the disclosure report.                                                             
"And if he's not, he's subject to the problem, not the home                                                                     
inspector or you," Representative Rokeberg added.                                                                               
                                                                                                                                
MR. JEANNET specified that he would rather have an engineer tell                                                                
him that there isn't a problem, rather than having the seller say,                                                              
"I have no problems."                                                                                                           
                                                                                                                                
REPRESENTATIVE ROKEBERG responded:                                                                                              
                                                                                                                                
     He can show you the report.  The fact pattern you've                                                                       
     described has almost nothing to do with this bill. ...                                                                     
     We're talking about the validity of the grounds to sue                                                                     
     somebody.  That doesn't mean the report doesn't still                                                                      
     exist ... or the seller became aware of a defect.  If the                                                                  
     seller's aware of a defect, ... the disclosure law is                                                                      
     what applies, not this bill.  So I'm not sure how ... the                                                                  
     fact pattern you described to the committee would be                                                                       
     affected by this bill.                                                                                                     
                                                                                                                                
Number 0267                                                                                                                     
                                                                                                                                
MR. JEANNET explained that he had brought it up because in                                                                      
Representative Rokeberg's introduction of the bill before the                                                                   
committee, he had mentioned three- and four-year-old reports that                                                               
may come somehow cloud the issue of old deficiencies regarding the                                                              
property, and that may somehow inappropriately hinder the sale.                                                                 
Mr. Jeannet restated that he doesn't know if it should be the                                                                   
seller who makes the call as to whether those old reports should be                                                             
discarded.                                                                                                                      
                                                                                                                                
Number 0300                                                                                                                     
                                                                                                                                
RON JOHNSON testified via teleconference from Kenai, specifying                                                                 
that he was speaking primarily on his own behalf, although he                                                                   
formerly was a member of the real estate commission.  Referring to                                                              
page 5, line 1, Mr. Johnson questioned what the type of insurance                                                               
requirement of the home inspector has to do with any member of the                                                              
public being covered or protected.  He suggested eliminating that                                                               
and letting regulations determine what types of insurance are                                                                   
required.  He believes it needs to be addressed as a protection for                                                             
the public, rather than property damage, liability and injury; he                                                               
cannot see the logic behind that.  He also asked what the liability                                                             
insurance does for him, as a member of the public.                                                                              
                                                                                                                                
REPRESENTATIVE ROKEBERG replied, "If the inspector damages you or                                                               
does something wrong by his activities, then he's got liability                                                                 
insurance.  Or he damages your property perhaps."                                                                               
                                                                                                                                
Number 0360                                                                                                                     
                                                                                                                                
MR. JOHNSON said he would accept Representative Rokeberg's                                                                      
interpretation.  He then turned attention to page 6, line 8.  He                                                                
told members that it seems that a party to a transaction would                                                                  
include the lender.  A lender makes the loan based upon the home                                                                
inspector's report; if that report proves to be incorrect or has                                                                
omissions, and if the purchaser "walks and leaves the lender                                                                    
holding the bag," then it seems that the lender is a party to the                                                               
transaction who should be included.                                                                                             
                                                                                                                                
MR. JOHNSON brought members' attention to page 6, line 14,                                                                      
paragraph (2), which said, "within one year after the date of the                                                               
written report."  He recalled that the supreme court in 1994 had a                                                              
decision against the real estate commission relative to the one-                                                                
year date; he suggested that somebody may want to research that                                                                 
decision.  Mr. Johnson concluded by saying he doesn't believe that                                                              
engineers should be exempt.                                                                                                     
                                                                                                                                
Number 0432                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG requested clarification about the one-year                                                              
provision.                                                                                                                      
                                                                                                                                
MR. JOHNSON answered that the real estate commission had a ruling                                                               
relative to "the surety fund discovery of damage."  The real estate                                                             
commission was challenged in the superior court, then in the                                                                    
supreme court, where the one-year portion of that was overturned.                                                               
In response to Representative Rokeberg's question as to whether                                                                 
that was related to the condition of the property, Mr. Johnson                                                                  
explained that the reasoning behind the decision was that "if you                                                               
found the flaw, you had one year to act on it, or two years from                                                                
the transaction, and the supreme court said, 'No, there should be                                                               
two years in either case.'"  Mr. Johnson suggested looking at that                                                              
decision and weighing it against the language in this bill in order                                                             
to avoid getting into that supreme court argument relative to this                                                              
law [HB 207] in the future.                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated the intention of making the report                                                               
only good for a year, not the cause of action.  "That's the                                                                     
distinction we're trying to make," he added.                                                                                    
                                                                                                                                
MR. JOHNSON said he can see that there is a good reason for the                                                                 
report being good for a year.  However, it seems that because of                                                                
the similarity, that supreme court case might be used against this                                                              
legislation.                                                                                                                    
                                                                                                                                
Number 0522                                                                                                                     
                                                                                                                                
MARK LEWIS, Registered Civil Engineer and President of the Alaska                                                               
Association of Home Inspectors, testified via teleconference from                                                               
Anchorage, specifying that his organization is the Alaska chapter                                                               
of the American Society of Home Inspectors that Representative                                                                  
Rokeberg had mentioned in his opening remarks.  Mr. Lewis said he                                                               
had worked with Representative Rokeberg on this for a while.  He                                                                
had reviewed Version B [1-LS0132\B, Lauterbach, 3/16/00] earlier                                                                
that week but had just received Version Q.                                                                                      
                                                                                                                                
MR. LEWIS specified that in representing the local association of                                                               
home inspectors, there are a couple of concerns.  First, if                                                                     
engineers are exempt, the license fee will increase; a side issue                                                               
is that most houses don't need a complete engineering evaluation,                                                               
although there are definitely exceptions to that.  In his personal                                                              
opinion, which he believes is shared by a number of people, the                                                                 
purpose of a home inspection is simply to identify whether there                                                                
are major concerns, and then to recommend further evaluation, as                                                                
necessary, depending on whether the type of problem is structural,                                                              
plumbing-related and so forth.                                                                                                  
                                                                                                                                
MR. LEWIS next referred members to page 5, line 25, which read                                                                  
[beginning on line 24], "In addition to other relief, the court may                                                             
impose a civil penalty of not more than $250 for each violation."                                                               
Mr. Lewis said this law parallels in some sense the engineering                                                                 
statutes; he suggested increasing the penalty to make it more                                                                   
consistent because these are not $50 or $100 items but potentially                                                              
are $50,000, $100,000 or $300,000 issues.  The penalty for                                                                      
noncompliance with the law, to his belief, should be increased                                                                  
because $250 is not that much.                                                                                                  
                                                                                                                                
Number 0637                                                                                                                     
                                                                                                                                
MR. LEWIS informed members that some big issues relate to page 6                                                                
regarding legal actions against a home inspector.  The wording has                                                              
changed in paragraph (a)(1) from Version B, provided earlier that                                                               
week, to Version Q.  He favors the language in Version B, which                                                                 
said, "by the person who contracted and paid for the report",                                                                   
rather than Version Q, which says, "by a person who was a seller,                                                               
owner, or prospective buyer of the inspected property at the time                                                               
the inspection was performed".                                                                                                  
                                                                                                                                
MR. LEWIS explained that although perhaps the latter is a little                                                                
more clear, he has a problem with being liable to somebody he                                                                   
hadn't talked to.  He believes liability should be limited to the                                                               
person who paid for the report, not to anybody in the transaction,                                                              
because he isn't doing an inspection and writing a report for                                                                   
everybody else; he is writing it for a specific client, and his                                                                 
fiduciary responsibility is to that individual or those                                                                         
individuals, not to everybody else in the process, especially other                                                             
potential buyers.  Mr. Lewis pointed out that the phrase                                                                        
"prospective buyer" is unclear because a property may have multiple                                                             
prospective buyers.  One who happens to be looking for houses at                                                                
the same time that the inspection report was done could argue that                                                              
he or she was a prospective buyer at the time but perhaps just                                                                  
didn't know about it.  He believes that should be addressed.                                                                    
                                                                                                                                
MR. LEWIS turned attention to subsection (b) on page 6, brand-new                                                               
that week, which read:                                                                                                          
                                                                                                                                
          (b) A person may not bring an action against an                                                                       
     individual licensed or registered under this chapter                                                                       
     based on omissions in a written home inspection report                                                                     
     prepared by the inspector unless the action is brought by                                                                  
     a person who was a seller, owner, or prospective buyer of                                                                  
     the inspected property at the time the inspection was                                                                      
     performed.                                                                                                                 
                                                                                                                                
As a representative of the inspectors locally, Mr. Lewis said he is                                                             
fully against that.  It is unlimited.  Furthermore, he is                                                                       
frustrated because this goes against the approach that he thought                                                               
had been worked out through discussions with Representative                                                                     
Rokeberg regarding what is reasonable in the whole are of legal                                                                 
actions against the home inspector.                                                                                             
                                                                                                                                
Number 0787                                                                                                                     
                                                                                                                                
MR. LEWIS highlighted a further difference between Version B and                                                                
Version Q, relating to AS 08.57.090, found on page 4 in both                                                                    
versions.  Version Q says "licensed home inspector" or "licensed                                                                
home inspectors" in various subsections, whereas Version B had said                                                             
"home inspector" or "home inspectors."  Mr. Lewis asked what the                                                                
difference is.  Noting that he wears two hats [home inspector and                                                               
civil engineer], he said he believes it is easy to confuse a home                                                               
inspection with an engineering evaluation.  He thinks those are two                                                             
different things, which engineers need to keep in mind; if they                                                                 
want to do home inspections, he proposed that they not be called                                                                
home inspectors.                                                                                                                
                                                                                                                                
MR. LEWIS told members that the argument he keeps hearing in                                                                    
testimony is that a licensed, registered engineer will "hopefully"                                                              
know what he or she is doing, and "should" know that, and that an                                                               
existing board can deal with problems.  Speaking with what he terms                                                             
a "slightly hostile position" because of all the changes, Mr. Lewis                                                             
said this is just joint regulation of one product provided to the                                                               
public with two different boards, and there is no set of standards                                                              
that the engineering board has developed; it is all up to                                                                       
engineers.  Mr. Lewis restated his original position, which he said                                                             
he has held all along:  engineers should not be exempt from this                                                                
law, nor should the board that regulates engineers also regulate                                                                
home inspections.  He doesn't believe the product is the same.  "If                                                             
you're so good at home inspection and you're an engineer, then it                                                               
would not be that hard to get licensed," he added.                                                                              
                                                                                                                                
Number 0918                                                                                                                     
                                                                                                                                
MR. LEWIS asked whether an engineer who signs a report is liable                                                                
under the AELS [architects, engineers and land surveyors] laws                                                                  
under Chapter 48 [of Title 8] of the Alaska Statutes.  Noting that                                                              
the argument he has heard for exemption of engineers and architects                                                             
is based on qualifications, he asked how that makes them exempt                                                                 
from liability insurance.  He doesn't believe there is an answer,                                                               
he said, because AELS laws in Chapter 48 don't require insurance,                                                               
whereas this law [HB 207] does.  There would be home inspectors                                                                 
covered [under HB 207], whereas an engineer may not have insurance.                                                             
Mr. Lewis reiterated that engineers should not be exempt, for a                                                                 
number of reasons.  He thinks in some ways this [bill] goes against                                                             
protecting the public and the home buyer, which is what it was                                                                  
originally intended to do.  Noting that he had other issues, Mr.                                                                
Lewis nonetheless said he would stop there.                                                                                     
                                                                                                                                
Number 1035                                                                                                                     
                                                                                                                                
WILLIAM BRUU, ICBO Inspector and Home Inspector, testified via                                                                  
teleconference from the Mat-Su LIO, representing himself as                                                                     
president of his firm.  Referring to page 6, lines 2-7, he asked                                                                
whether that can be interpreted as limiting his right as an ICBO                                                                
inspector to file a lien on new construction for services rendered                                                              
to the property that haven't been paid for.                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG said he would review the bill regarding                                                                 
that.                                                                                                                           
                                                                                                                                
REPRESENTATIVE JAMES asked whether Julia Coster, Assistant Attorney                                                             
General with the Department of Law, who had been online earlier,                                                                
had heard that question.  [She was then told by the teleconference                                                              
moderator that Ms. Coster had had to leave.]                                                                                    
                                                                                                                                
Number 1096                                                                                                                     
                                                                                                                                
MR. BRUU next referred members to page 6, line 8, regarding legal                                                               
actions against the home inspector.  He suggested redrafting those                                                              
two paragraphs so that the definition of the limits of the home                                                                 
inspector's liability is addressed in one section and the life of                                                               
the report is addressed in a second section.                                                                                    
                                                                                                                                
REPRESENTATIVE JAMES asked whether anyone had answers for Mr. Bruu;                                                             
none were offered.                                                                                                              
                                                                                                                                
MR. BRUU noted that he himself had used the lien laws in the past                                                               
to take and ensure payment for his services for inspections on new                                                              
construction only; it doesn't apply to existing construction.  He                                                               
added that if ICBO inspectors are going to be licensed under the                                                                
bill, there is a need to make sure that their capability to ensure                                                              
payment is not limited.                                                                                                         
                                                                                                                                
REPRESENTATIVE JAMES commented, "I'm not sure we can specifically                                                               
eliminate that opportunity."                                                                                                    
                                                                                                                                
Number 1172                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated that this says one must be licensed                                                              
to be able to do the lien.  An engineer doing home inspections may                                                              
not be able to do it.  He suggested, therefore, that engineers who                                                              
don't want to be included might want to rethink that position.                                                                  
                                                                                                                                
MR. BRUU surmised that it will probably end up being tested in                                                                  
court.  He pointed out that one other inspector, who no longer was                                                              
at the Mat-Su LIO, had conveyed the following suggestion:  On the                                                               
liability, the life of the report should be limited to 90 days or                                                               
less, or to the person who contracts for the service.                                                                           
                                                                                                                                
Number 1265                                                                                                                     
                                                                                                                                
SHARON MACKLIN, Lobbyist for the Alaska Professional Design                                                                     
Council, came forward to testify, noting that the Alaska                                                                        
Professional Design Council is a trade association of architects,                                                               
engineers, land surveyors and landscape architects.  She stated:                                                                
                                                                                                                                
     We are in support of the bill.  We've worked very closely                                                                  
     with Representative Rokeberg and his staff on this bill,                                                                   
     and feel that it addresses our concerns that are                                                                           
     primarily on page 8 [Version Q], the exemption for                                                                         
     licensed architects and engineers.                                                                                         
                                                                                                                                
MS. MACKLIN agreed that Juneau is a community that doesn't have                                                                 
home inspectors, and where many engineers do home inspections; she                                                              
has heard that it is true in Fairbanks as well, "although it sounds                                                             
like there are some ICBO-licensed or certified home inspectors                                                                  
there."  She restated support for the legislation.                                                                              
                                                                                                                                
Number 1324                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked whether those categories should be                                                                   
exempt from the entire bill or just the licensing requirement,                                                                  
assuming they are qualified because of being engineers or                                                                       
architects.  For example, should they also be exempt from the                                                                   
insurance or inspection report requirements?                                                                                    
                                                                                                                                
MS. MACKLIN answered that the issue of [E&O] insurance was brought                                                              
up in one bill version, requiring architects or engineers who do                                                                
home inspections to carry, to her recollection, $250,000 [of                                                                    
insurance].  She said she couldn't remember exactly why that was                                                                
deleted, but discussions with engineers who do home inspections now                                                             
have revealed that they carry E&O insurance for everything and                                                                  
would be covered under their existing insurance.                                                                                
                                                                                                                                
REPRESENTATIVE CROFT pointed out that the exemption on page 8 is                                                                
only an exemption from licensure.  It doesn't affect the                                                                        
requirement of the form of the report, or the content.  He                                                                      
requested confirmation.                                                                                                         
                                                                                                                                
MS. MACKLIN said she didn't know.                                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG offered his opinion that if one isn't under                                                             
the licensure, one's standard of practice is not regulated.                                                                     
                                                                                                                                
REPRESENTATIVE CROFT noted that the report section says, "before                                                                
performing a home inspection, a licensee shall provide."  Alluding                                                              
to engineers and architects, he stated, "So, they're not a                                                                      
licensee, so they're not under it."                                                                                             
                                                                                                                                
Number 1398                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated that he wants to make sure that                                                                  
those engineers and architects who are performing home inspections                                                              
don't get any of the benefits or restrictions contained in this                                                                 
bill.  They are exempt from this bill.  Furthermore, engineers and                                                              
architects cannot advertise themselves as licensed home inspectors.                                                             
                                                                                                                                
MS. MACKLIN responded, "And we are comfortable with that."                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG added that he doesn't believe that the one-                                                             
year report limitation would apply to them, either.  He then asked,                                                             
"Ms. Macklin, if we were not to exempt the engineers and                                                                        
architects, would your clients support this bill?"                                                                              
                                                                                                                                
MS. MACKLIN said no.                                                                                                            
                                                                                                                                
Number 1463                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES remarked that she feels a little uncomfortable                                                             
setting up a bureaucracy of home inspectors that don't have to have                                                             
engineering qualifications or any real qualifications except for                                                                
some testing or classes, and then putting engineers out in another                                                              
area by themselves.  She herself makes quite comfortable with                                                                   
engineers making these reports, she added.                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA pointed out that engineers would also be                                                                
exempt from getting any compensation for breach of contract unless                                                              
they also had the home inspector license.                                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG replied that they should be licensed, but                                                               
of their own volition.                                                                                                          
                                                                                                                                
REPRESENTATIVE KERTTULA indicated she wants to be clear that the                                                                
engineers are comfortable with that.                                                                                            
                                                                                                                                
REPRESENTATIVE JAMES commented that from her perspective, it                                                                    
appears to create a conflict in that engineers are currently doing                                                              
[home inspections] and would be unhappy if they weren't exempt from                                                             
this proposed law.  She asked:                                                                                                  
                                                                                                                                
     Does that mean they aren't going to do it anymore?  Or,                                                                    
     if they are going to do it, they're not going to be                                                                        
     following the rules?  Or they're not going to be able to                                                                   
     have any of the benefits? ... It doesn't seem to me like                                                                   
     it ... meets the proper intentions of what we're hoping                                                                    
     to fix.                                                                                                                    
                                                                                                                                
Number 1580                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG answered that one key issue and conflict                                                                
within the bill is trying to reconcile those who are in the                                                                     
business, those who receive the service, and those who are                                                                      
architects and engineers.  Engineers and architects, who already                                                                
are regulated under the [AELS] board, don't wish to be regulated in                                                             
this manner.  If they wish to be licensed under this chapter, they                                                              
can do so, but they are exempt at their own request, by and large.                                                              
It happens that a couple of small benefits in the bill accrue to                                                                
those who are licensed and pay their fees.  Representative Rokeberg                                                             
said he agree with the realtors and would like to see [architects                                                               
and engineers] licensed under the bill, but the political realities                                                             
are not there.                                                                                                                  
                                                                                                                                
Number 1690                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT emphasized the distinction between exemption                                                               
from a licensure provision and exemption from other provisions.                                                                 
For the former, it makes sense that engineers and architects would                                                              
be exempt from being under a different board with a whole set of                                                                
bureaucracy.  For the latter, he isn't so concerned about the                                                                   
insurance part, if it is true that they cover their own insurance.                                                              
However, on page 6 [beginning on line 20], "Inspection report                                                                   
required", it talks about the notice that must be provided, and [on                                                             
page 7] it has the "Prohibited acts" section.  Those are, in his                                                                
opinion, the heart of the consumer protection aspect, making sure                                                               
that the report says certain things and that certain things aren't                                                              
done, including acts relating to a conflict of interest.  Although                                                              
understanding completely why there wouldn't be a whole new test,                                                                
licensure and all that [for architects and engineers],                                                                          
Representative Croft said he doesn't understand why the exemptions                                                              
apply to some of the standards of the report.                                                                                   
                                                                                                                                
REPRESENTATIVE JAMES agreed with the need for assurance that the                                                                
people doing this are qualified.  She also agreed with the need for                                                             
a board of approval so that the public has someplace to go to                                                                   
complain about someone's license, for example.  As for engineers,                                                               
she feels that they are qualified by virtue of "their education and                                                             
their application," and that their own license - which is superior                                                              
to what this would be - would inhibit them, under their own board,                                                              
from doing something they are not qualified to do.  Besides, it                                                                 
seems this is one thing they would be qualified to do.  However,                                                                
Representative James indicated, even if engineers are exempt from                                                               
having the [home inspector's] license, they ought not to be exempt                                                              
otherwise for consistency and efficiency.                                                                                       
                                                                                                                                
Number 1869                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG said he understands exactly what                                                                        
Representative James is saying, but it had created a huge dilemma                                                               
in terms of legislative drafting and implementation.  He explained:                                                             
                                                                                                                                
     What we would do is we'd set up the board as we've done                                                                    
     in this bill, but then we'd have to turn around and take                                                                   
     the engineering chapter and modify that again, and then                                                                    
     direct that other board to set these standards up, and                                                                     
     these standards of practices up, I think.  And ... that's                                                                  
     the way it would have to be to work correctly, to keep                                                                     
     the exemption in.  In other words, ... we'd have a bunch                                                                   
     of nonengineers telling the engineers how to do their                                                                      
     business.  And that's the political and the practical                                                                      
     dilemma when you draft like that.                                                                                          
                                                                                                                                
MS. MACKLIN responded to Representative Croft's comments regarding                                                              
protection of the public.  She said there is some language in the                                                               
"board of registration for architects and engineers law" that                                                                   
revolves around conflict of interest and whom a person gets paid                                                                
by; a few things seem to overlap, but she hasn't had time to review                                                             
it in-depth.  She suggested that might be something to look at.                                                                 
                                                                                                                                
Number 1961                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES asked what Ms. Macklin believes that the                                                                   
engineers and architects, who are exempt under the bill, will do                                                                
when they do inspections.  Will they do their own reporting?  Will                                                              
it have any connection whatsoever with what others are doing?                                                                   
                                                                                                                                
MS. MACKLIN answered that she hadn't talked to any engineers who do                                                             
home inspections about that specifically.  However, she assumes                                                                 
that if new forms come out for home inspections that are required                                                               
by this board of registration for home inspectors, then the design                                                              
professionals who are doing home inspections would want to utilize                                                              
the same forms and comply.                                                                                                      
                                                                                                                                
Number 2035                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI echoed the concern that this allows two                                                                
different standards to be out there for home inspectors, depending                                                              
on whether the person is a licensed home inspector or an architect-                                                             
engineer.  In response to Representative Rokeberg's statement that                                                              
this is difficult to draft, she suggested that although the                                                                     
licensure requirement is exempt, the bill could still have                                                                      
provisions so that an architect doing home inspections would be                                                                 
required to comply with a particular provision such as the                                                                      
reporting.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG disagreed.  He asked who would enforce it.                                                              
An architect or engineer cannot be put under the auspices of the                                                                
home inspectors' board if they are exempt, he said.  And if the                                                                 
expectation is regulation by the engineering and architectural                                                                  
board, then the legislature would be "intruding into their chapter                                                              
and telling them what to do."  He added, "We would have to modify                                                               
their section of the law and mandate, to their board, that they                                                                 
should change their regulatory scheme in which to enforce it."                                                                  
                                                                                                                                
Number 2193                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT noted that the bill contains some important                                                                
disclosure restrictions.  He suggested the possibility of saying                                                                
that [engineers and architects] are bound by the form of the report                                                             
and the prohibited acts, and that any violation would be referred                                                               
to the engineers' and architects' own board for action.                                                                         
                                                                                                                                
REPRESENTATIVE ROKEBERG stated that as a matter of public policy,                                                               
this legislation is being drafted as an incentive for engineers and                                                             
architects to become licensed home inspectors.  "They don't want to                                                             
be home inspector licensees, but I would like them to be, and,                                                                  
therefore, there is an intention here," he added.  "Also, I think                                                               
we've heard testimony that the cost of licensure will go up without                                                             
those people that are conducting this business [if] they don't join                                                             
the group that's to be regulated as home inspectors."                                                                           
                                                                                                                                
Number 2313                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES replied that she had thought the purpose of                                                                
the bill was to make some rules and regulations regarding how these                                                             
inspection reports would be done, and that the board would provide                                                              
the public somewhere to go in the event that the [inspectors] don't                                                             
do it that way.  That is the reason for the licensing.  She asked                                                               
whether she had missed something.                                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG answered, "No, that's what it does."  She                                                               
asked John Bitney for his comments.                                                                                             
                                                                                                                                
Number 2358                                                                                                                     
                                                                                                                                
JOHN BITNEY, Legislative Liaison, Alaska Housing Finance                                                                        
Corporation (AHFC), came forward, noting that AHFC is addressed in                                                              
Sections 4 and 5 of the bill.  He explained that state law since                                                                
1992 has required that in order for AHFC to purchase the mortgage                                                               
on a home newly constructed after 1992, [the home] has to have a                                                                
home inspection in order to qualify.  Section 4 references the ICBO                                                             
and other options.  Regardless of whether the inspection is done by                                                             
the ICBO, the "International Association of Electrical," or an                                                                  
engineer-architect, Mr. Bitney said, there is a specific five-step                                                              
process in the statute.  That will continue, and there will be "a                                                               
required form, if you will, in the documents, when we purchase a                                                                
loan."                                                                                                                          
                                                                                                                                
MR. BITNEY explained that AHFC is asking, with this legislation,                                                                
that if a program is going to be put in place - which AHFC supports                                                             
doing - then the statute would reflect that these people can do                                                                 
that inspection; then, after the transition period is completed,                                                                
the other types of inspection [ends mid-speech because of tape                                                                  
change; however, Mr. Bitney had sent a letter dated March 22, 2000,                                                             
which stated in part:  "AHFC would like HB 207 to allow licensed                                                                
home inspectors to approve home[s] for mortgages that can be                                                                    
purchased by the corporation.  Sections 4 and 5 of the draft would                                                              
make this change to current law."]                                                                                              
                                                                                                                                
TAPE 00-38, SIDE A                                                                                                              
                                                                                                                                
MR. BITNEY expressed concern that someone doing a home inspection                                                               
without a license but who "had an ICBO" would be in conflict with                                                               
the statute as envisioned here.  Mr. Bitney informed the committee                                                              
that AHFC supports HB 207 because it will improve consumer                                                                      
protection.  Currently, the incentive to have an inspection comes                                                               
from the buyer - in order to obtain a report on the condition of                                                                
the home - or is tied to some sort of requirement regarding the                                                                 
financing.                                                                                                                      
                                                                                                                                
Number 0063                                                                                                                     
                                                                                                                                
MR. BITNEY explained that when something goes wrong, there is no                                                                
clear delineation for the purchaser regarding who is responsible                                                                
for a problem.  He has looked at homes in the Interior, as recently                                                             
as last week, in which an out-of-state buyer has assumed that                                                                   
Alaska is similar to states where the building inspector is almost                                                              
a Mafia don in terms of authority on the construction process of a                                                              
home.  This is not the case in Alaska, however, as people find out                                                              
when something goes wrong on the home.  Therefore, it becomes a                                                                 
question of who is responsible.  The AHFC does not believe it has                                                               
liability due to the reports.  However, the reference in statute                                                                
regarding the AHFC's recognition of the ICBO certificate leads                                                                  
people to want AHFC to step up to the plate and call these                                                                      
certificate agencies, on a national level, to force them to come                                                                
forward, or to get the builder to come forward.  Mr. Bitney stated                                                              
that AHFC is supporting HB 207 because it levels the playing field                                                              
to some degree and provides a much clearer delineation for the home                                                             
buyer when something does go wrong.                                                                                             
                                                                                                                                
Number 0286                                                                                                                     
                                                                                                                                
CATHERINE REARDON, Director, Division of Occupational Licensing,                                                                
Department of Community & Economic Development, turned attention to                                                             
whether the report requirements should apply to engineers while                                                                 
still exempting them from the licensure law.  If the committee                                                                  
decides to do that, Ms. Reardon said, it is better, from her                                                                    
perspective, to give the AELS board the responsibility for                                                                      
determining whether an engineer had [performed properly], rather                                                                
than having the home inspector board first decide whether the                                                                   
engineer had violated something and then referring it to the                                                                    
engineering board.                                                                                                              
                                                                                                                                
MS. REARDON explained her rationale.  She agrees that with two                                                                  
boards applying the same statute, there would be the potential to                                                               
end up with two standards.  Therefore, it would be best to have the                                                             
board governing the license - rather than another board - making                                                                
the decision; otherwise, there might be a two-step disciplinary                                                                 
process.  If the desire is to have each board govern "its own,"                                                                 
then the clearer the language can be made on page 6 regarding what                                                              
has to be in the report, the better; "the less room for subjective                                                              
interpretation, the better," she added.                                                                                         
                                                                                                                                
REPRESENTATIVE ROKEBERG commented that Ms. Reardon had encapsulated                                                             
some of the frustrations in putting this bill together.  He                                                                     
believes that one board cannot be intruded upon by creating another                                                             
board and having cross-regulations.  That is not a workable                                                                     
situation, and therefore there is an intention to provide an                                                                    
incentive to those people on one board to become dual members.                                                                  
                                                                                                                                
Number 0535                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT noted that his wife is an architect.  He said                                                              
it seems [architects] could be required to get a license and to                                                                 
meet the standards of this, but perhaps they would be waived in as                                                              
prequalified and therefore wouldn't have to take a test.  If an                                                                 
individual wants to be an architect or engineer, and also wants to                                                              
be a home inspector, the individual would have to obtain the [home                                                              
inspector] license; then the individual would be waived in, based                                                               
on the assumption that he or she is doing a good job.                                                                           
                                                                                                                                
REPRESENTATIVE JAMES commented that if she herself were an                                                                      
architect or engineer who had to pay $800 every two years for a                                                                 
license, along with others who don't have nearly the education, she                                                             
would feel kind of out of place.                                                                                                
                                                                                                                                
REPRESENTATIVE KERTTULA noted that she had worked with occupational                                                             
licensing at the Office of the Attorney General.  She agreed with                                                               
Ms. Reardon that one would not want to have one board referring                                                                 
back to another, nor would one want to mix up the two professions.                                                              
She believes that everyone wants protections in place regarding                                                                 
what the report entails.  Representative Kerttula said there needs                                                              
to be those requirements going back to the architects and engineers                                                             
so that everyone knows what the report is going to be.  However,                                                                
she isn't sure how to accomplish it.                                                                                            
                                                                                                                                
REPRESENTATIVE JAMES remarked that it seems there are several                                                                   
processes here.  First is the delineation of what is included in a                                                              
home inspection report in order to qualify for the financing                                                                    
requirement of the house.  She added, "These are the                                                                            
qualifications.  And these are the folks that can do it.  And in                                                                
order to be licensed as this inspector, this is what you have to                                                                
do, and when you get to be that, you have to follow these rules."                                                               
                                                                                                                                
Number 0698                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG noted that some prior versions of HB 207                                                                
had included a checklist regarding what should be in the report.                                                                
Substantial testimony was taken, however, regarding not being too                                                               
specific because of the need for flexibility about what should be                                                               
included in the report.  He indicated that it was agreed that the                                                               
board, by regulation, would establish a report while recognizing                                                                
certain flexibilities.  Therefore, he did not believe this should                                                               
be stipulated in statute.                                                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG next responded to Representative Kerttula's                                                             
comments.  He said the marketplace will start differentiating among                                                             
the architect, engineer, home inspector and licensed home                                                                       
inspector.  He is relying on the marketplace to make those                                                                      
distinctions; it would require a certain amount of time to sort                                                                 
itself out.  Furthermore, with the home inspector board in place,                                                               
there will be discussions between the two boards and thus changes                                                               
would take place on a natural basis over the years.                                                                             
                                                                                                                                
REPRESENTATIVE JAMES asked if one could have this lesser education                                                              
as a home inspector and charge less for a home inspection than a                                                                
licensed engineer performing a home inspection would charge.  She                                                               
further asked whether people would, then, turn to home inspectors                                                               
and forego including engineers.                                                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG explained that currently the marketplace is                                                             
in equilibrium regarding the charges for the scope of work between                                                              
the engineer home inspector and the nonengineer home inspector.                                                                 
The market has basically set those prices.  He pointed out that an                                                              
engineer has to make a more detailed inspection of the foundation,                                                              
roof members or component parts; in order to do so, the engineer                                                                
actually raises his/her fee schedule.  The home inspector cannot do                                                             
that and "almost, in essence, has to refer to a structural                                                                      
engineer," which happens now.  However, Representative Rokeberg                                                                 
said, there was significant testimony that although an engineer may                                                             
be trained at a university, he/she is not trained as a home                                                                     
inspector.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG suggested that probably some of the best                                                                
home inspectors are engineers with 20 years' background in                                                                      
construction, and who know the business.  Moreover, some very                                                                   
competent home inspectors are not engineers but have been in                                                                    
construction and other allied areas for years.  He remarked, "We                                                                
all know that the college of hard knocks is the best master's                                                                   
degree you can probably get."  Representative Rokeberg said that                                                                
Mr. Lewis, an engineer and a home inspector, therefore wants to                                                                 
include engineers in this because he believes they need better                                                                  
education - which is not received as an engineer - in performing                                                                
home inspections.                                                                                                               
                                                                                                                                
Number 1028                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT referred to the section on page 6 regarding                                                                
legal actions against home inspectors.  He indicated his belief                                                                 
that the desire is not allow a suit to be brought based on a report                                                             
that is over one year old.  Therefore, he offered Amendment 1:                                                                  
                                                                                                                                
     Page 6, line 10,                                                                                                           
          Delete "statements made in" and "unless"                                                                              
                                                                                                                                
     Page 6, line 11,                                                                                                           
          Delete "the action is brought"                                                                                        
          Insert "that is more than one year old"                                                                               
                                                                                                                                
     Page 6                                                                                                                     
          Delete lines 12-19                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG objected.  He clarified that he didn't                                                                  
object to Representative Croft's concept.  However, he would like                                                               
to limit those who can bring an action to the seller, owner and                                                                 
prospective buyer as well as whoever purchased the report.                                                                      
                                                                                                                                
REPRESENTATIVE JAMES asked if Representative Rokeberg would be                                                                  
willing to separate the amendment into two parts.                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG said he wasn't sure that it could be                                                                    
divided.                                                                                                                        
                                                                                                                                
Number 1193                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT offered to change Amendment 1 so that the                                                                  
first two changes would remain the same, but the last change would                                                              
only delete lines 14-19.  After some discussion, Representative                                                                 
Croft returned to the initial iteration of Amendment 1.                                                                         
                                                                                                                                
REPRESENTATIVE JAMES pointed out that initially that provision, AS                                                              
08.57.810, says "A person may not".  She suggested that the                                                                     
language could be changed to read, "Only a person who was a seller,                                                             
owner or perspective buyer ... may bring an action ... and cannot                                                               
be based on a written home inspection report that is more than one                                                              
year old."                                                                                                                      
                                                                                                                                
Number 1328                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG withdrew his objection to Amendment 1.                                                                  
Therefore, there being no objection, Amendment 1 was adopted.                                                                   
                                                                                                                                
REPRESENTATIVE JAMES suggested that in order to get this                                                                        
satisfactorily drafted, the committee should list the points                                                                    
desired and place a conceptual amendment before the committee.                                                                  
Asking whether it captures the intent, she stated:                                                                              
                                                                                                                                
     If we want to have the ideas are that the inspection                                                                       
     report cannot be more than a year old and that the person                                                                  
     who brings the action ... cannot be anyone other than a                                                                    
     seller, an owner, a prospective buyer or the purchaser of                                                                  
     the report.                                                                                                                
                                                                                                                                
REPRESENTATIVE ROKEBERG said that would [satisfy] what he is                                                                    
looking for.                                                                                                                    
                                                                                                                                
REPRESENTATIVE CROFT said he would like to discuss the idea.                                                                    
                                                                                                                                
Number 1403                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG made a motion to adopt Representative                                                                   
James' aforementioned suggestion as a conceptual amendment.                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI commented that everything has to be a                                                                  
conceptual amendment.                                                                                                           
                                                                                                                                
REPRESENTATIVE CROFT surmised that there is agreement on the point                                                              
that the report [must not be more than] a year old; now the                                                                     
discussion is regarding who can [bring action].                                                                                 
                                                                                                                                
REPRESENTATIVE JAMES said she believes if those points can be                                                                   
agreed upon conceptually, then the drafter can replace the entire                                                               
section with the language [of the conceptual amendment].                                                                        
                                                                                                                                
REPRESENTATIVE CROFT mentioned that problems arise when one                                                                     
attempts to predict all of the possible factual situations.  He                                                                 
stressed that there may be people affected by this other than those                                                             
mentioned.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG said that may be true.  Upon review of                                                                  
other parties that he wanted to "cut off," he expressed the need to                                                             
"cut off" the successive home buyer.  Representative Rokeberg                                                                   
emphasized the need for [one who can bring suit] to be a party to                                                               
the transaction at the time of the report.                                                                                      
                                                                                                                                
REPRESENTATIVE JAMES suggested that if [the report] is determined                                                               
to be incorrect at a later time, certainly the lender is a party to                                                             
the transaction and thus should be included.  This language does                                                                
not include the lender, however.                                                                                                
                                                                                                                                
Number 1537                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI suggested the following language, "a party                                                             
to the transaction at the time the inspection was performed," which                                                             
would seem to include everyone of concern.                                                                                      
                                                                                                                                
REPRESENTATIVE ROKEBERG answered that would work for him.                                                                       
                                                                                                                                
Number 1551                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA expressed concern that someone who really                                                               
wasn't a party at the immediate time still could really get taken                                                               
in by the report, if it were somehow incorrect.                                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG interjected that there is a restriction in                                                              
the bill such that the report cannot br circulated without the                                                                  
permission of whoever paid for it.  He pointed out that circulation                                                             
of these reports too soon is one problem in the industry.                                                                       
                                                                                                                                
REPRESENTATIVE KERTTULA related her understanding, then, that the                                                               
person whom action is brought against is the person who circulated                                                              
the report.  She agreed that may have been solved.                                                                              
                                                                                                                                
Number 1598                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT referred to page 7, lines 16-22.  He said                                                                  
there could be a situation in which a month later, and with the                                                                 
permission of the person that did the report, the report is shown                                                               
to a subsequent client, who would not be a party to the transaction                                                             
that made the report.  He indicated that use of the language                                                                    
"affected party" would be appropriate language.                                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG pointed out that an affected party could be                                                             
someone who wasn't part of the first deal and becomes privy to the                                                              
court later and indirectly.  He specified that he wanted to "cut                                                                
off" those people.                                                                                                              
                                                                                                                                
REPRESENTATIVE CROFT emphasized, "Well, they could get it under                                                                 
your own bill ....  There's a procedure to disclose this to people                                                              
that were not party to the original [report]."                                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG replied that such could happen with                                                                     
consent, which he believes is acceptable.                                                                                       
                                                                                                                                
REPRESENTATIVE JAMES surmised, then, that the consent would have to                                                             
be given by the person who paid for the report.                                                                                 
                                                                                                                                
REPRESENTATIVE ROKEBERG affirmed that and said that is already in                                                               
the legislation.                                                                                                                
                                                                                                                                
Number 1693                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT suggested language could be inserted in AS                                                                 
08.57.810 saying, "a person may not bring an action based on a                                                                  
report that is more than one year old or that was unlawfully                                                                    
disclosed".                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG indicated agreement with that language.                                                                 
                                                                                                                                
REPRESENTATIVE JAMES informed the committee of a message from Mark                                                              
Lewis regarding the need to insert the word "original" in order to                                                              
refer to the original purchaser of the report.  Mr. Lewis also had                                                              
suggested that "home inspection" be redefined in the bill.                                                                      
                                                                                                                                
Number 1765                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT turned to the amendment before the committee                                                               
that would eliminate subsection (a) from AS 08.57.810.  The                                                                     
amendment would read as follows:                                                                                                
                                                                                                                                
     A person may not bring an action against individual                                                                        
     licensed or registered under this chapter based on a                                                                       
     written home inspection report prepared by the inspector                                                                   
     that is more than one year old or unlawfully disclosed.                                                                    
                                                                                                                                
REPRESENTATIVE JAMES clarified that the language on page 6, lines                                                               
12-19, would be deleted.                                                                                                        
                                                                                                                                
REPRESENTATIVE ROKEBERG announced that he didn't object to that                                                                 
amendment.                                                                                                                      
                                                                                                                                
[There being no objection, it was so ordered and the language read                                                              
by Representative Croft (under Number 1765) was adopted.  It was                                                                
later suggested that this amendment overrode Amendment 1, adopted                                                               
earlier.]                                                                                                                       
                                                                                                                                
Number 1818                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG referred to page 5, line 25, which imposes                                                              
a civil penalty of not more than $250; he said that seems to be a                                                               
pecuniary amount.  Therefore, he asked if Ms. Reardon could                                                                     
recommend an amount.                                                                                                            
                                                                                                                                
MS. REARDON said she assumes that this amount is for each violation                                                             
and as such could build up to be more than $250.  She said she                                                                  
didn't have an opinion on this.                                                                                                 
                                                                                                                                
Number 1873                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG moved that the penalty amount be changed to                                                             
$500.  There being no objection, it was so ordered.                                                                             
                                                                                                                                
Number 1885                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA moved to report CSHB 207 [version 1-                                                                    
LS0132\Q, Lauterbach, 3/24/00], as amended, out of committee with                                                               
individual recommendations and the accompanying zero fiscal note.                                                               
There being no objection, it was so ordered and CSHB 207(JUD) was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
HB 211 - HEALTH CARE INSURANCE                                                                                                  
                                                                                                                                
Number 1904                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES announced that she would bring up HOUSE BILL                                                               
NO. 211, "An Act relating to liability for providing managed care                                                               
services, to regulation of managed care insurance plans, and to                                                                 
patient rights and prohibited practices under health insurance; and                                                             
providing for an effective date."   [HB 211 was held.]                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:30 p.m.                                                                 

Document Name Date/Time Subjects