Legislature(2003 - 2004)

04/08/2003 09:02 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                              MINUTES                                                                                         
                     SENATE FINANCE COMMITTEE                                                                                 
                          April 08, 2003                                                                                      
                              9:02 AM                                                                                         
                                                                                                                                
                                                                                                                                
TAPES                                                                                                                       
                                                                                                                                
SFC-03 # 42, Side A                                                                                                             
SFC 03 # 42, Side B                                                                                                             
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair Gary Wilken convened  the meeting at approximately 9:02 AM.                                                            
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Gary Wilken, Co-Chair                                                                                                   
Senator Lyda Green, Co-Chair                                                                                                    
Senator Ben Stevens                                                                                                             
Senator Donny Olson                                                                                                             
Senator Con Bunde                                                                                                               
                                                                                                                                
Also Attending:  REPRESENTATIVE  NORM ROKEBERG; DOUG LETCH, Staff to                                                          
Senator  Gary Stevens; CHUCK  HARLAMERT, Juneau  Section Chief,  Tax                                                            
Division, Department of  Revenue; LANDA BAILY, Special Assistant and                                                            
Legislative Liaison, Department of Revenue                                                                                      
                                                                                                                                
Attending via Teleconference:   From Mat-Su: DAVID OWENS, Owens Home                                                          
Inspections; BERNIE SCHUYLER,  Arctic Sky Enterprises, International                                                            
Conference  of Building Officials  (ICBO) Certified Home  Inspector,                                                            
and  Certified   Commercial   ICBO  Inspector;   BOB  MILBY,   Milby                                                            
Construction,  registered  general  contractor  and  ICBO  Certified                                                            
Inspector;  From Kenai:  ROCKY SMITH, Mechanical  Contractor;  STEVE                                                            
WISDOM, Owner,  Wisdom and Associates,  Inc.; From an off-net  site:                                                            
DAVE  MENAKER,  Great  Land  Wines;  ROBYNN  WILSON,  Department  of                                                            
Revenue; From Kodiak: STEVE THOMSEN, Alaskan Wilderness Wines;                                                                  
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
HB   9-HOME INSPECTORS/CONTRACTORS                                                                                              
                                                                                                                                
The  Committee  heard from  the  sponsor  and home  inspectors.  Two                                                            
amendments were adopted and the bill was held in Committee.                                                                     
                                                                                                                                
SB  82-ALCOHOLIC BEVERAGE TAX FOR WINE & OTHERS                                                                                 
                                                                                                                                
The Committee  heard from  the sponsor, the  Department of  Revenue,                                                            
and wine makers. The bill was held in Committee.                                                                                
                                                                                                                                
SB 106-FEE FOR STUDDED TIRES                                                                                                    
                                                                                                                                
The Committee  heard  from the  Department of  Revenue. A  committee                                                            
substitute  was adopted,  three amendments  were considered  and one                                                            
was adopted. The bill was held in Committee.                                                                                    
                                                                                                                                
SB 120-CLAIMS BY STATE-EMPLOYED SEAMEN                                                                                          
                                                                                                                                
This bill was scheduled but not heard.                                                                                          
                                                                                                                                
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 9(L&C)                                                                                 
     "An  Act  relating  to  the  registration  of  individuals  who                                                            
     perform   home   inspections;   relating   to   regulation   of                                                            
     contractors;   relating  to registration   fees  for  specialty                                                            
     contractors,  home inspectors,  and associate home inspectors;                                                             
     relating to home inspection  requirements for residential loans                                                            
     purchased   or   approved  by   the  Alaska   Housing   Finance                                                            
     Corporation;  relating  to civil  actions by  and against  home                                                            
     inspectors  and to civil actions arising from  residential unit                                                            
     inspections; repealing  a law that limits liability for damages                                                            
     based  on a  duty  to inspect  a residential  unit  to  damages                                                            
     caused  by  gross negligence  or  intentional  misconduct;  and                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair   Wilken  explained   this   bill  "creates   a   mandatory                                                            
registration   of  home  inspectors.  Under  this  legislation   the                                                            
Division of Occupational  Licensing administers the  program without                                                            
a board and  incorporates the registration  within the construction                                                             
contractor registration program."                                                                                               
                                                                                                                                
                                                                   th                                                           
REPRESENTATIVE NORM  ROKEBERG, sponsor, noted this could  be the 28                                                             
public hearing  on this issue  in the past  five years. He  informed                                                            
that this  bill provides  that  home inspectors  and associate  home                                                            
inspectors  would  be regulated  by  the  Division and  creates  the                                                            
framework  for a regulatory  process  for a  group of professionals                                                             
that currently  do operate  under any regulation.  He reported  that                                                            
the real  estate industry  encompasses approximately  25 percent  of                                                            
the State  domestic product,  commenting,  "It's an absolutely  huge                                                            
industry."  He   remarked  that  every  aspect  of   a  real  estate                                                            
transaction  is  currently  regulated  with the  exception  of  home                                                            
inspections.                                                                                                                    
                                                                                                                                
Representative Rokeberg  stated that the home inspection industry is                                                            
the   result   of   lending    institution   requirements    imposed                                                            
approximately  ten to twenty years  ago to ensure that the  "housing                                                            
stock product  in this country was properly constructed  and built."                                                            
He noted  this applies  to political  subdivisions  not governed  by                                                            
building inspections, which encompasses most of Alaska.                                                                         
                                                                                                                                
Representative   Rokeberg  told  the   Committee  this  legislation                                                             
provides  a "regulatory  scheme"  and  removes some  exemptions  and                                                            
immunities  from   State  statutes  relating  to  home  inspections                                                             
conducted  for the  Alaska Housing  Finance Corporation  (AHFC).  He                                                            
commented  this  issue  has  been  the  "number  one  controversial                                                             
sticking point."                                                                                                                
                                                                                                                                
Representative  Rokeberg  added  that  the  bill  imposes  statutory                                                            
limitations  relating  to  the time  in  which  a lawsuit  could  be                                                            
brought and "limits the length of report to 180 days".                                                                          
                                                                                                                                
Representative    Rokeberg   expressed   satisfaction    that   this                                                            
legislation  "avoids setting up a  board or commission,"  explaining                                                            
that with  approximately  100 practitioners  in the State,  biannual                                                            
license fees  would need to be $1,500.  Instead, he stated  that the                                                            
inspectors  would be  included with  specialty  contractors, at  the                                                            
recommendation of the Alaska  Homebuilder's Association, which would                                                            
lower  the   biannual  license  fees   to  approximately   $246.  He                                                            
emphasized  the higher license fees  could impact the price  of home                                                            
inspections  and have  an impact "on  the commerce  of the State  of                                                            
Alaska." He  stressed the intent to  encourage homebuyers  to obtain                                                            
home inspections for both existing and new homes.                                                                               
                                                                                                                                
Representative  Rokeberg  spoke to  a proposed  amendment, which  he                                                            
explains makes a technical  correction to reflect the name change of                                                            
the  International   Code   Council,  formally   the  International                                                             
Conference  of  Building  Officials  [This matter  is  addressed  as                                                            
Amendment #2 later in the hearing.]                                                                                             
                                                                                                                                
Senator Bunde  clarified the cost of the business  license would pay                                                            
the expenses  to  operate the  program;  therefore this  would  be a                                                            
revenue neutral program.                                                                                                        
                                                                                                                                
Representative Rokeberg  affirmed and noted the statutes relating to                                                            
occupational  licensing  require  that  all occupational   licensing                                                            
programs to be self-supporting.                                                                                                 
                                                                                                                                
Senator Olson  asked how this would impact areas with  a shortage of                                                            
home inspectors.                                                                                                                
                                                                                                                                
Representative  Rokeberg responded  that use of a home inspector  is                                                            
discretionary  for the  homebuyer,  unless the  lending institution                                                             
requires  an  inspection.   He  concluded  this  legislation   would                                                            
therefore have minimal  impact. He told of a mechanical inspector in                                                            
Kotzebue  who has  testified in  other legislative  committees  that                                                            
because  he only conducts  approximately  ten inspections  annually,                                                            
the licensing  costs could be prohibitive.  Representative  Rokeberg                                                            
disagreed that the proposed  $125 annual license expense would cause                                                            
undue hardship, as inspections  typically cost $350 in Anchorage and                                                            
are likely higher  in rural locations. He qualified  that the Alaska                                                            
Housing Finance Corporation  (AHFC) requires housing inspections for                                                            
new   construction   and  that   the   Corporation   supports   this                                                            
legislation.                                                                                                                    
                                                                                                                                
Senator Olson  noted the  majority of homes  located in rural  areas                                                            
are included  in a  regional housing  authority.  He asked how  this                                                            
legislation would affect the inspections of those houses.                                                                       
                                                                                                                                
Representative  Rokeberg replied that a licensed inspector  would be                                                            
required  to conduct  any inspections,  unless  exempted under  this                                                            
legislation.  He  pointed  out that  entities  advertising  as  home                                                            
inspectors would  be required to be licensed. He admitted  that some                                                            
"unique circumstances"  exist  in rural Alaska,  and did not  oppose                                                            
flexibility  for these communities,  provided that those  conducting                                                            
inspections undertake proper training.                                                                                          
                                                                                                                                
Senator Olson  agreed and noted the  bill does not currently  exempt                                                            
regional housing authorities.                                                                                                   
                                                                                                                                
Amendment #1:  This amendment adds regional housing  authorities, as                                                            
defined under AS 18.55.996(b),  to the list of exemptions related to                                                            
home inspectors  in AS 08.18.156(a)(1), on page 16  of the committee                                                            
substitute.                                                                                                                     
                                                                                                                                
Senator Olson moved for adoption.                                                                                               
                                                                                                                                
Co-Chair Wilken objected for an explanation.                                                                                    
                                                                                                                                
Representative  Rokeberg explained  this amendment would  "raise the                                                            
regional  housing  authorities  to the  same  level as  a  political                                                            
subdivision that  had their own inspections." He gave  an example of                                                            
the Municipality  of Anchorage,  which employs  building  inspectors                                                            
and is exempt from the  provisions of this legislation. He noted the                                                            
Municipality  has undertaken the "obligation  to undertake  whatever                                                            
inspections they so desire,"  as would regional housing authorities,                                                            
if  this  amendment  is  adopted.  He  clarified  that  a  privately                                                            
operating home inspector  would not be exempt from the provisions of                                                            
this  legislation.  He  did  not object  to  the  adoption  of  this                                                            
amendment.                                                                                                                      
                                                                                                                                
Co-Chair Wilken removed  his objection and the amendment was ADOPTED                                                            
without objection.                                                                                                              
                                                                                                                                
Amendment  #2:  This  amendment  deletes  "Conference   of  Building                                                            
Officials"  and  inserts  "Code  Council"  in the  six  places  this                                                            
language appears in the committee substitute.                                                                                   
                                                                                                                                
Senator B. Stevens moved for adoption.                                                                                          
                                                                                                                                
Co-Chair Wilken objected for an explanation.                                                                                    
                                                                                                                                
Senator B. Stevens deferred to the bill sponsor.                                                                                
                                                                                                                                
Representative Rokeberg  reiterated this is a "conforming" amendment                                                            
to reflect the name change of the International Code Council.                                                                   
                                                                                                                                
Co-Chair Wilken removed  his objection and the amendment was ADOPTED                                                            
without objection.                                                                                                              
                                                                                                                                
DAVID   OWENS,    Owens   Inspection    Services,   testified    via                                                            
teleconference   from  Mat-Su  that  he  primarily  conducts   "code                                                            
inspections"  on new homes  and commercial  facilities. He  noted he                                                            
occasionally conducts inspections  on existing homes and he spoke to                                                            
the "vast" differences  between a new code home inspector and a home                                                            
inspector  as described  in this  legislation. He  pointed out  that                                                            
errors and omission  insurance is only available to  home inspectors                                                            
of existing  or already built homes.  He stressed this insurance  is                                                            
not available for new construction home inspectors.                                                                             
                                                                                                                                
Mr. Owens  referenced a letter  to the Legislature,  dated  March 7,                                                            
2003  that  he  submitted  [copy  on  file],  which  proposes  three                                                            
amendments  to  the version  of  the bill  passed  by  the House  of                                                            
Representatives, as follows.                                                                                                    
                                                                                                                                
     1) Remove  the language  from title page  1, line 6 through  8,                                                            
     that states "repealing  a law that limits liability for damages                                                            
     based  on a  duty  to inspect  a residential  unit  to  damages                                                            
      caused by gross negligence or intentional misconduct."                                                                    
                                                                                                                                
     2) Remove the word "two" on page 10, line 6 and replace it                                                                 
     with the word "one".                                                                                                       
                                                                                                                                
     3) Remove the language from Section 41, page 22 line 21 that                                                               
     states "AS 18.56.300(C) is repealed."                                                                                      
                                                                                                                                
Mr.  Owens supported  this  legislation with  the  exception of  the                                                            
three areas: repeals law pertaining to limit of liability                                                                       
                                                                                                                                
Mr. Owens indicated results of a survey of home inspectors.                                                                     
                                                                                                                                
Co-Chair Green  interjected she had a summary of the  report titled,                                                            
"HB  9,  New  Home  Inspector  Survey"  [copy  on  file]  and  would                                                            
distribute it for Member's consideration.                                                                                       
                                                                                                                                
AT EASE 9:20 AM / 9:22 AM                                                                                                       
                                                                                                                                
Co-Chair Wilken noted the information was distributed.                                                                          
                                                                                                                                
Co-Chair  Green  explained  the summary  was  compiled  from the  25                                                            
responses from home inspectors obtained by her staff.                                                                           
                                                                                                                                
Mr. Owens spoke to the  information, surmising that this legislation                                                            
would  regulate  79 of  the 182  operating  home inspectors  in  the                                                            
State. He characterized  most of these inspectors as certified, hold                                                            
a business license,  and carry liability insurance.  He relayed that                                                            
none  of the  inspectors  he  contacted  had  been notified  of  the                                                            
proposed changes by AHFC or other government agency.                                                                            
                                                                                                                                
Mr. Owens asserted  the primary question  included in the  survey is                                                            
whether inspectors  could remain in  business and survey  found that                                                            
13 respondents indicated  they could, seven indicated they could not                                                            
and six others  were unsure. He stressed that if unable  to purchase                                                            
errors and  omission insurance, inspectors  could no longer  stay in                                                            
business.                                                                                                                       
                                                                                                                                
Mr. Owens listed  another survey question  relating to the  fairness                                                            
of holding  private  inspectors  to a  higher liability  limit  than                                                            
government  inspectors.  He reported  that every  respondent  judged                                                            
this to be unfair. He furthered  that the 79 inspectors who would be                                                            
impacted  by   this  legislation   were  asked  whether   they  felt                                                            
discriminated  against under the provisions of this  legislation and                                                            
that the 26 respondents answered in the affirmative.                                                                            
                                                                                                                                
BERNIE SCHUYLER,  Arctic Sky Enterprises,  International  Conference                                                            
of  Building   Officials  (ICBO)   Certified  Home  Inspector,   and                                                            
Certified Commercial  ICBO Inspector,  testified via teleconference                                                             
from  Mat-Su about  the inability  to  obtain errors  and  omissions                                                            
insurance  for  inspectors.  He  warned  that  he would  be  out  of                                                            
business if this  legislation were passed, since he  would be unable                                                            
to risk  losing  his assets,  which could  occur if  he was  without                                                            
liability  insurance.  He added  that  the exemption  of  government                                                            
inspectors is unfair.                                                                                                           
                                                                                                                                
Senator Olson asked if the witness had another occupation.                                                                      
                                                                                                                                
Mr.  Schuyler  responded  that  inspections  is his  sole  means  of                                                            
support                                                                                                                         
                                                                                                                                
Senator Olson  asked the number of inspections the  witness conducts                                                            
annually.                                                                                                                       
                                                                                                                                
Mr. Schuyler  estimated  he performs approximately  200 inspections                                                             
each year.                                                                                                                      
                                                                                                                                
BOB MILBY,  Milby Construction,  testified  via teleconference  from                                                            
Mat-Su  that  he  is  a  registered  general   contractor  and  ICBO                                                            
Certified   Inspector,  and   only  performs   inspections   on  new                                                            
construction.  He expressed that inspections on new  construction is                                                            
significantly   different  than  on   existing  dwellings.   He  was                                                            
concerned about  the liability issue this legislation  would present                                                            
and predicted that AHFC  could be required to employ home inspectors                                                            
and provide the necessary  liability insurance itself. He understood                                                            
the need for consumer  protection, but argued that  the ICBO systems                                                            
are in place for  new construction and provide adequate  protection.                                                            
                                                                                                                                
Mr. Owens  spoke to Amendment  #2, which clarifies  the name  of the                                                            
professional organization.                                                                                                      
                                                                                                                                
ROCKWELL SMITH, Mechanical  Contractor, testified via teleconference                                                            
from  Kenai  about  his  concerns  with  the  language  relating  to                                                            
liability,  on page  10,  line 6  of the  committee  substitute.  He                                                            
shared  that as  a  mechanical  contractor,  inspectors continually                                                             
inspect  his  work and  that  he is  held  liable for  his  mistakes                                                            
without any exemptions.  He next addressed the proposed  certificate                                                            
of  registration  for home  inspectors  that  would be  issued  upon                                                            
passage  of  "the  appropriate  home  inspection"  examination,  and                                                            
informed  that the  open book examination  in  question requires  no                                                            
prerequisite  education   or  experience.    He  questioned  how  an                                                            
inspector  should be  held to a  lesser standard  than a  mechanical                                                            
contractor.                                                                                                                     
                                                                                                                                
STEVE  WISDOM, Owner,  Wisdom and  Associates,  Inc., testified  via                                                            
teleconference  from Kenai to reference his written  testimony [copy                                                            
on file]. He  supported the regulation  of home inspectors  although                                                            
was concerned about the  repeal of the "gross negligence" clause for                                                            
new inspections  and  the insurance  requirements  proposed in  this                                                            
bill. He stated that for  years his firm was only one in Alaska that                                                            
carried  errors and  omissions insurance  for  new code compliance;                                                             
however  if this  bill passes  and all  inspectors  are required  to                                                            
carry  the insurance,  his  provider has  informed  him the  company                                                            
would  no  longer  offer the  coverage.  Instead,  he  learned  that                                                            
insurance coverage  similar to that carried by municipalities  would                                                            
only be available, at a premium cost of $10,000.                                                                                
                                                                                                                                
Mr.  Wisdom furthered  that  the language  providing  the  inspector                                                            
would  be liable  for two  years  should be  reduced  to a  one-year                                                            
period, arguing  that contractors  are only liable for one  year. He                                                            
cautioned that  in the event of failure, such as a  leak caused by a                                                            
missing "nail  plate" the inspector would be the only  liable party.                                                            
                                                                                                                                
Mr.  Wisdom  requested  the Committee  review  the  requirements  to                                                            
become  a "joint"  inspector, noting  the requirements  to become  a                                                            
code inspector are more stringent.                                                                                              
                                                                                                                                
Representative  Rokeberg  commented  on  the  public  testimony.  He                                                            
understood  Mr. Smith's testimony  to indicate the requirements  for                                                            
inspectors should be higher.                                                                                                    
                                                                                                                                
Representative Rokeberg  shared that he has been in contact with Mr.                                                            
Wisdom  and  heard  the  concerns  regarding  the  limited  immunity                                                            
provided  for in Section  21 of the committee  substitute.  However,                                                            
Representative  Rokeberg disagreed  that the two categories  of home                                                            
inspectors  is troublesome, as both  should "be under this  umbrella                                                            
of consumer protection."  He surmised that Mr. Wisdom  misunderstood                                                            
the issue of the length of liability.                                                                                           
                                                                                                                                
Representative   Rokeberg  qualified  the  argument   regarding  the                                                            
separate  examination  requirements  for  new  home  inspectors  and                                                            
existing  home inspectors  "might  have some  merit", but  suggested                                                            
regulatory authority could address the matter.                                                                                  
                                                                                                                                
Representative  Rokeberg  informed  that the  AHFC  "wants to  enjoy                                                            
their  limited  immunity  now;  that's  the  issue  here  before  us                                                            
really."                                                                                                                        
                                                                                                                                
Representative  Rokeberg was sensitive to the cost  and availability                                                            
of errors and omission  insurance issue given the increased premiums                                                            
imposed as a result of the events of September 11, 2001.                                                                        
                                                                                                                                
Co-Chair Wilken asked if  this bill was heard in either the House of                                                            
Representatives, or Senate Judiciary committees.                                                                                
                                                                                                                                
Representative   Rokeberg  listed   the  House  of  Representatives                                                             
Judiciary Committee  and the Senate Labor and Commerce  Committee as                                                            
holding hearings on this bill.                                                                                                  
                                                                                                                                
Co-Chair Green commented  the insurance issue troubled her. She also                                                            
asked for clarification of the different types of inspectors.                                                                   
                                                                                                                                
Representative Rokeberg  responded that 79 of the 182 inspectors are                                                            
not employees  of a government agency,  such as the Municipality  of                                                            
Anchorage.  He stated that  those who are  employed by a  government                                                            
are exempt  from the provisions  of this  bill, although the  others                                                            
"have no immunity under  the theory of sovereign immunity." He added                                                            
that  private inspectors  have  "some  limited immunity  for  Alaska                                                            
Housing Finance  loans only. That's  a distinction that's  not being                                                            
made in the  testimony." He explained  that new home inspections  on                                                            
construction  financed  through a  conventional lender  in an  area,                                                            
such as  the Mat-Su,  that is not  under the  jurisdiction of  local                                                            
building  codes   have  no  limited   immunity.    He  stated   that                                                            
inspections performed on  facilities financed by the AHFC "currently                                                            
enjoy  limited   immunity  on  gross   negligence  and  intentional                                                             
misconduct.  That's a very  high standard.  So it's almost  de facto                                                            
immunity."                                                                                                                      
                                                                                                                                
Representative  Rokeberg agreed that  at issue is the difficulty  in                                                            
obtaining  errors and  omissions insurance  and  the feasibility  of                                                            
inspectors  passing the  expense to  their customers.  He  suggested                                                            
that many  inspectors could  operate without  the insurance  because                                                            
"they're  good  practitioners  and  they're  doing  their  job."  He                                                            
challenged  that inspectors  hired by  a contractor  to verify  that                                                            
subcontractors  have completed  their  jobs should  not enjoy  "some                                                            
artificial immunity" if  the construction is financed by AHFC rather                                                            
than  Wells  Fargo,  Countrywide  Mortgage,  or  other conventional                                                             
lender.                                                                                                                         
                                                                                                                                
Representative  Rokeberg disputed that AHFC finance  projects should                                                            
be afforded  "some special legal privilege"  and informed  that AHFC                                                            
supports this legislation.                                                                                                      
                                                                                                                                
Representative   Rokeberg  emphasized,   "this  bill  grants   super                                                            
numerary exclusions  for bringing a cause of action  by limiting the                                                            
time in which  a cause of action can be filed. So  it's even greater                                                            
protection to  an existing home." He furthered that  cause of action                                                            
on the findings  of the inspection would be limited  to one year for                                                            
new  construction  and  two  years   for  existing  homes.  He  also                                                            
indicated a limitation  related to a report saying, "The report here                                                            
in it's validity  and how it can be  picked up and used by  somebody                                                            
is limited to 180 days."                                                                                                        
                                                                                                                                
Representative  Rokeberg opined that this legislation  extends "some                                                            
pretty   extraordinary  legal   protection   here"  to  inspectors,                                                             
explaining the  balance in "removing this limited  immunity with the                                                            
additional   grants  of   a  statutory   immunity  from   additional                                                            
lawsuits".  He stated  the testifiers  were speaking  to "a  limited                                                            
immunity  to  the standards  of  gross  negligence  and intentional                                                             
misconduct."                                                                                                                    
                                                                                                                                
Co-Chair  Green remarked,  "I  hope the  sponsor did  not intend  to                                                            
impugn  the reputation  of  builders and  inspectors  in the  Mat-Su                                                            
Valley  the way he  did." She  requested additional  time to  review                                                            
this legislation.                                                                                                               
                                                                                                                                
Senator  Bunde asked if  municipal building  inspectors inspect  new                                                            
home construction located in a municipality.                                                                                    
                                                                                                                                
Representative Rokeberg affirmed.                                                                                               
                                                                                                                                
Senator Bunde  then asked if inspections  are optional for  new home                                                            
construction located  in an area not governed by municipal  building                                                            
codes if AFHC is not the lender.                                                                                                
                                                                                                                                
Representative Rokeberg again affirmed.                                                                                         
                                                                                                                                
Senator Bunde  asked if inspection of existing homes  is optional at                                                            
the time of resale.                                                                                                             
                                                                                                                                
Representative Rokeberg answered yes.                                                                                           
                                                                                                                                
Representative  Rokeberg expressed  it was not his intent,  "to make                                                            
any disparaging comments  at all in the Mat Valley. I was just using                                                            
it as an example."  He apologized if he did so and  added, "not that                                                            
they couldn't use a little help out there."                                                                                     
                                                                                                                                
Co-Chair Wilken ordered the bill HELD on Committee.                                                                             
                                                                                                                                
                                                                                                                                
     CS FOR SENATE BILL NO. 82(L&C)                                                                                             
     "An Act relating to the state alcoholic beverage tax for                                                                   
     certain wine and other beverages."                                                                                         
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Wilken  explained this bill "exempts from  the State tax on                                                            
alcoholic beverages,  wine in the amounts sold in,  or consigned for                                                            
shipment into  the State that does not exceed 100  gallons a month."                                                            
                                                                                                                                
DOUG  LETCH, Staff  to Senator  Gary  Stevens, testified  this  bill                                                            
would replace the federal  yearly sales eligibility excise tax limit                                                            
of 100,000  gallons with a tax exemption  of 100 gallons  per month.                                                            
He informed that  currently wineries are taxed at  a rate of $2.50 a                                                            
gallon. He stated  that this reduction would decrease  the impact on                                                            
State revenues  by approximately $18,600  annually, however  "at the                                                            
same time stimulating and supporting small Alaska wineries."                                                                    
                                                                                                                                
Mr. Letch reported that  two of the wineries impacted are located on                                                            
Kodiak Island,  another is located  in Haines and a fourth  operates                                                            
from Anchorage. He expressed,  "this burgeoning Alaska industry does                                                            
need the support  of our Legislature to prosper while  continuing to                                                            
contribute to  the State's changing economy." He surmised  that this                                                            
legislation would provide  one form of assistance. He predicted that                                                            
although revenue would  be lost to the State under the provisions of                                                            
this bill,  all revenue from this  source could be lost without  the                                                            
tax exemption.                                                                                                                  
                                                                                                                                
                                                                                                                                
SFC 03 # 42, Side B 09:52 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Mr. Letch indicated winery  operators would present testimony to the                                                            
bill.                                                                                                                           
                                                                                                                                
Co-Chair  Wilken  commented  that  the sponsor  statement  does  not                                                            
address the issue and asked the motivation of this legislation.                                                                 
                                                                                                                                
Mr. Letch shared that the  winery operators located on Kodiak Island                                                            
approached  Senator   Gary  Stevens  and  requested   assistance  in                                                            
mitigating  the impacts  of  the increased  alcohol  tax passed  the                                                            
previous legislative session.                                                                                                   
                                                                                                                                
Mr. Letch told  of the efforts, in  conjunction with the  Department                                                            
of Revenue,  to draft this legislation  to accommodate the  needs of                                                            
the  growing  winery industry  in  Senator  Gary  Steven's  election                                                            
district.  He  stated this  legislation  attempts  to  exempt  local                                                            
wineries in a  similar manner as Alaska breweries  are exempted from                                                            
the increased taxation.                                                                                                         
                                                                                                                                
Co-Chair  Wilken  referenced  the  sponsor  statement  indicates  an                                                            
exemption of 100,000 gallons  of wine per year, although the witness                                                            
testified the exemption would be 100 gallons per month.                                                                         
                                                                                                                                
Mr. Letch responded the sponsor statement was in error.                                                                         
                                                                                                                                
Co-Chair  Wilken  asked about  the federal  eligibility  excise  tax                                                            
mentioned in the sponsor statement.                                                                                             
                                                                                                                                
Mr. Letch  explained  the federal  exemption is  limited to  100,000                                                            
gallons per year.                                                                                                               
                                                                                                                                
Co-Chair  Wilken  clarified  that  the  alcohol  tax  would  not  be                                                            
required for the first 100 gallons of wine produced each month.                                                                 
                                                                                                                                
Mr. Letch affirmed this is the intent of the legislation.                                                                       
                                                                                                                                
Co-Chair  Wilken asked if  this would "set  aside the liability  for                                                            
the excise tax under the federal government."                                                                                   
                                                                                                                                
CHUCK HARLAMERT,  Juneau Section Chief, Tax Division,  Department of                                                            
Revenue,   testified  the   exemption  proposed   in  the   bill  is                                                            
"completely unrelated" to the federal tax credit.                                                                               
                                                                                                                                
Senator Olson  understood the struggles of new businesses  and asked                                                            
the annual production of the wineries in question.                                                                              
                                                                                                                                
Mr. Letch could  only speak to two  wineries and listed the  average                                                            
monthly production  of one winery as 120 gallons,  during the busier                                                            
months,  noting  the  business  is  seasonal  dependant.  The  other                                                            
winery,  he stated  produced  approximately  350 gallons  total  the                                                            
previous year.                                                                                                                  
                                                                                                                                
Senator  Olson  questioned  the  mathematics,  noting  the  wineries                                                            
produce more than 100 gallons  per month and would not be completely                                                            
exempt from the alcohol tax.                                                                                                    
                                                                                                                                
Mr. Letch replied  that this bill attempts to promote  wineries as a                                                            
growth industry  "and give them room  to grow". He told of  hearings                                                            
on this bill in the Senate  Labor and Commerce Committee in which an                                                            
annual production  total of 1,000  gallons per year was considered.                                                             
However, he stated the  monthly calculations would be more conducive                                                            
for the Department of Revenue  administration of the alcohol tax. He                                                            
qualified  he has not had  input on the  current proposed  exemption                                                            
structure from the wineries.                                                                                                    
                                                                                                                                
Senator Olson asked if  the wineries are in "danger" of going out of                                                            
business if an exemption is not provided.                                                                                       
                                                                                                                                
Mr. Letch stated that such "inference" has been received.                                                                       
                                                                                                                                
Mr. Harlamert  stated  that the  current calculation  structure  was                                                            
"designed to  maximize the impact  on Alaska producers and  minimize                                                            
the  unintended  tax  benefits  flowing  to  other  wineries."    He                                                            
explained  that several  methods exist  to calculate  an  exemption,                                                            
however,  exemptions could  not be  limited to  in-state  producers.                                                            
Therefore, he  stated the "trick" is to structure  the tax exemption                                                            
to  benefit local  producers,  without  extending the  exemption  to                                                            
wineries  located outside  Alaska.  He assured  the proposed  method                                                            
would best accomplish this.                                                                                                     
                                                                                                                                
Senator  Olson asked  if the  Department  of Revenue  supports  this                                                            
legislation.                                                                                                                    
                                                                                                                                
Mr. Harlamert remarked  that the Department of Revenue has not taken                                                            
a position on the tax exemption matter.                                                                                         
                                                                                                                                
Co-Chair  Wilken  asked  if the  language  "on  amounts sold  in  or                                                            
consigned  for shipment  into the  state that exceed  100 gallons  a                                                            
month"  inserted by  this legislation  into AS  43.60.010(a)(3),  on                                                            
page 2,  lines 2 and  3 of the  committee substitute  speaks  to the                                                            
federal tax exemption.                                                                                                          
                                                                                                                                
Mr.  Harlamert  answered that  this  language  is unrelated  to  the                                                            
federal   constitutional   restriction   prohibiting   states   from                                                            
discriminating  against interstate  commerce. He explained  that the                                                            
language  clarifies that  any entity  that brings  alcohol into  the                                                            
State for sale or produces alcohol in the State is a "taxpayer".                                                                
                                                                                                                                
Senator Bunde understood  during hearings on this bill in the Senate                                                            
Labor and Commerce  Committee that  this legislation is an  "attempt                                                            
at fairness" because microbreweries  had received some tax exemption                                                            
for which the  wineries did not qualify. He commented  that although                                                            
he did not generally  support tax exemptions, he would  support this                                                            
legislation  based on  the issue of  fairness in  comparison  to the                                                            
breweries operating  in the State, as well as the  unlikelihood that                                                            
the  winery  industry would  expand  to  the  extent that  it  could                                                            
significantly contribute to the State's general fund.                                                                           
                                                                                                                                
DAVE MENAKER,  Great Land Wines, testified  via teleconference  from                                                            
an off-net  location that the annual  taxes and permit fees  for his                                                            
operation  is approximately  $2,200 not including  taxes imposed  on                                                            
any wine  produced,  and sold. He  expressed this  is a significant                                                             
amount  for  small  business.  He  appreciated   any  assistance  in                                                            
securing some tax relief.                                                                                                       
                                                                                                                                
Senator  Bunde  asked  number  of gallons  the  Great  Lands  winery                                                            
produced per year.                                                                                                              
                                                                                                                                
Mr. Menaker  informed that  the facility  has approximately  450-500                                                            
gallons  currently  on site  in various  stages of  fermentation  or                                                            
packaging.  He commented  that with  the "economic  spiral down"  in                                                            
Haines, business was "not  good", although he expected the situation                                                            
to improve.   He estimated the winery  produces between 200  and 250                                                            
gallons during  the season,  which occurs in  late summer and  early                                                            
fall, at the time blueberries and other wild fruit ripen.                                                                       
                                                                                                                                
Senator Bunde clarified  the annual production is 300 to 500 gallons                                                            
of wine.                                                                                                                        
                                                                                                                                
Mr. Menaker affirmed, "If I'm lucky, that would be the maximum."                                                                
                                                                                                                                
Co-Chair  Wilken asked for  clarification of  the imposition  of the                                                            
tax,  specifically  whether  the production  limits  are  calculated                                                            
monthly or commemoratively.                                                                                                     
                                                                                                                                
Mr. Menaker  stated the  tax would  be levied upon  the sale  of the                                                            
product. He explained  that the wine he produces today  would not be                                                            
ready for sale for one year.                                                                                                    
                                                                                                                                
Co-Chair Wilken  gave a scenario of  100 gallons sold one  month and                                                            
150 gallons  sold the  next month  and asked if  all but 50  gallons                                                            
would be exempt from the tax under the proposed legislation.                                                                    
                                                                                                                                
Mr. Menaker understood this to be correct.                                                                                      
                                                                                                                                
STEVE   THOMSEN,    Alaskan   Wilderness   Wines,   testified    via                                                            
teleconference from Kodiak  that the matter arose with the increased                                                            
alcohol tax  passed under  HB 25 the previous  legislative  session,                                                            
which raised the  tax from 85 cents per gallon to  $2.50 per gallon.                                                            
He noted that  breweries were exempted for the first  60,000 barrels                                                            
produced  per year,  based  on the  federal "reduction  amount".  He                                                            
stated  that this  exemption is  inequitable  for wineries.  Because                                                            
wineries  are a  similar  trade, he  opined  they should  receive  a                                                            
similar tax  discount. He expressed  the need to assist wineries  in                                                            
Alaska without significantly impacting State revenue.                                                                           
                                                                                                                                
Mr. Thomsen informed  that occasionally monthly sales  from a winery                                                            
would exceed the  exemption limit, although predicted  this would be                                                            
infrequent.  He listed  his total  annual sales  of 300 gallons  the                                                            
previous year,  with approximately one-third of the  sales occurring                                                            
over the Christmas holiday season.                                                                                              
                                                                                                                                
Co-Chair Wilken  noted the negative fiscal note indicating  it would                                                            
be discussed further.                                                                                                           
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.                                                                             
                                                                                                                                
                                                                                                                                
     CS FOR SENATE BILL NO. 106(TRA)                                                                                            
     "An Act relating to studded tires; and providing for an                                                                    
     effective date."                                                                                                           
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
AT EASE 10:11 AM / 10:13 AM                                                                                                     
                                                                                                                                
Senator Bunde  moved to adopt  CS SB 106,  23-GS1127\U as a  working                                                            
draft.                                                                                                                          
                                                                                                                                
Co-Chair Wilken objected to give an explanation.                                                                                
                                                                                                                                
Co-Chair Wilken  stated the proposed  committee substitute  includes                                                            
all changes discussed at  the previous hearing. He noted language in                                                            
Section 2, amending AS  43.98.025(a). Tire fees., would impose a fee                                                            
of  $2.50 on  the  retail sale  of  every  tire for  motor  vehicles                                                            
designed  for use on  a highway.  He commented  this would apply  to                                                            
tires  for cars  and  all weights  of  trucks.  Referencing  earlier                                                            
testimony  regarding  heavy  studs  and lightweight  studs  and  the                                                            
subsequent  damage  they cause  to  roads,  he noted  the  committee                                                            
substitute language  amending AS 43.98.025(b), would  also impose an                                                            
additional $5 fee per tire  for those tires fitted with heavy studs.                                                            
He noted  this provision  would take effect  July 1, 2004,  one year                                                            
after the effective  date of the bill,  which he stated would  allow                                                            
retailers  to  update   inventory  to  include  tires   fitted  with                                                            
lightweight studs.                                                                                                              
                                                                                                                                
Co-Chair  Wilken continued  that the committee  substitute  language                                                            
amending AS  43.98.025(d) and (e),  provide for quarterly  reporting                                                            
and remittance  of the tax receipts  by retailers to the  Department                                                            
of Revenue.                                                                                                                     
                                                                                                                                
Co-Chair  Wilken next noted  language in  the committee substitute,                                                             
amending  AS 43.98.025(h)   defines "highway"  and  "motor  vehicle"                                                            
according to AS 28.40.100.                                                                                                      
                                                                                                                                
Co-Chair  Green  asked  if motor  vehicle,  in  this  context  would                                                            
include off-road vehicles.                                                                                                      
                                                                                                                                
Co-Chair  Wilken  cited  AS  28.40.100(a)(14)  as  follows:  ""motor                                                            
vehicle" means  a vehicle which is  self-propelled except  a vehicle                                                            
moved by human  or animal power." However, he stated  that tires for                                                            
a 4-Wheeler  would not be  subject to the  tax as such a vehicle  is                                                            
not designed for highway travel.                                                                                                
                                                                                                                                
Senator Bunde  opined it would be simpler to outlaw  heavy studs, as                                                            
it would achieve  the goal of reducing  the use of the heavy  studs,                                                            
however he anticipated  this tax would decrease their  use. Although                                                            
funds could  not be dedicated,  he predicted  the increased  fee for                                                            
heavy  studded  tires would  allow  generate  additional  income  to                                                            
offset the cost of the damage caused by the tires.                                                                              
                                                                                                                                
Co-Chair  Wilken  removed  his  objection  to the  adoption  of  the                                                            
committee substitute and it was ADOPTED without objection.                                                                      
                                                                                                                                
Co-Chair Wilken  announced the committee substitute  would require a                                                            
new fiscal note for this bill.                                                                                                  
                                                                                                                                
LANDA BAILY, Special  Assistant and Legislative Liaison,  Department                                                            
of  Revenue   testified   on  behalf  of   Governor  Murkowski   and                                                            
Commissioner  Corbus in support  of this  legislation. However,  she                                                            
requested  amending the language  in Section  2 to provide  that the                                                            
tax receipts be  remitted by sellers in a timely manner.  She stated                                                            
this would be  consistent with statutes governing  the remittance of                                                            
motor fuel tax receipts.                                                                                                        
                                                                                                                                
Ms.  Baily  also requested   amending the  language  in  Section  2,                                                            
relating to  AS 43.98.025(g), to clarify  the tax would be  exempted                                                            
on the sale of tires sold  for resale. She stated this would prevent                                                            
the tax from being imposed twice.                                                                                               
                                                                                                                                
Amendment   #4:   This  amendment   inserts   "timely"   into   Sec.                                                            
43.98.025(e)  of  the committee  substitute.  The  amended  language                                                            
reads as follows.                                                                                                               
                                                                                                                                
          (e) A seller timely remitting the fees collected under                                                                
     this section  to the department  within 30 days after  the last                                                            
     day of the  preceding calendar quarter may retain  five percent                                                            
     of  the amount  collected,  not to  exceed $900  a quarter,  to                                                            
     cover  expenses associated  with collecting  and remitting  the                                                            
     fees.                                                                                                                      
                                                                                                                                
Co-Chair Green moved for adoption.                                                                                              
                                                                                                                                
ROBYNN WILSON,  Department of Revenue, testified via  teleconference                                                            
from an off-net  location that the definition of timely  in relation                                                            
to  the submission  of  motor  fuel  tax receipts  in  contained  in                                                            
regulation  rather than  in statute.  She  stated the  intent is  to                                                            
receive the revenues in a timely manner.                                                                                        
                                                                                                                                
Senator  B. Stevens  understood  the language  requiring  remittance                                                            
within  30 days  of the  last day  of a  quarter,  is equivalent  to                                                            
"timely".  He  asked  if  similar  language   is  contained  in  the                                                            
regulations governing motor fuel tax collection.                                                                                
                                                                                                                                
Ms. Wilson  replied that the motor  fuel tax regulation in  question                                                            
pertains to the submission  of a report of the amount collected. She                                                            
determined the  existing language in the committee  substitute would                                                            
be adequate.                                                                                                                    
                                                                                                                                
Co-Chair  Wilken asked whether  the insertion  of "timely"  would be                                                            
redundant.                                                                                                                      
                                                                                                                                
Senator  B.  Stevens surmised  it  would  be  and noted  Ms.  Wilson                                                            
affirmed this  in pointing out that  the motor fuel tax regulations                                                             
pertain  to  reporting,  while  the committee   substitute  language                                                            
pertains to the collection  of fees. He asked if the reporting would                                                            
be submitted annually with remittance occurring quarterly.                                                                      
                                                                                                                                
Ms. Wilson responded the reporting would be submitted quarterly.                                                                
                                                                                                                                
Co-Chair  Wilken and Ms.  Wilson established  the amendment  was not                                                            
necessary.                                                                                                                      
                                                                                                                                
Co-Chair Green  WITHDREW her motion  to adopt the amendment  without                                                            
objection.                                                                                                                      
                                                                                                                                
Amendment #5:  This amendment inserts  "sold for resale"  on page 2,                                                            
line 14  of the  committee substitute.  The amended  language  of AS                                                            
43.98.025(g) reads as follows.                                                                                                  
                                                                                                                                
          (g) The fees imposed in this section do not apply to                                                                  
     tires sold for resale or services sold to federal, state, or                                                               
     local government agencies for official use.                                                                                
                                                                                                                                
Co-Chair Green moved for adoption.                                                                                              
                                                                                                                                
Co-Chair Wilken objected for the purpose of discussion.                                                                         
                                                                                                                                
Senator Bunde asked if  the intent of this amendment is to establish                                                            
that  the tax  would  be  collected  at the  point  of sale  to  the                                                            
consumer.                                                                                                                       
                                                                                                                                
Ms. Baily affirmed.                                                                                                             
                                                                                                                                
Co-Chair  Green asked whether  this language  could be construed  to                                                            
apply to a used or second-hand tire.                                                                                            
                                                                                                                                
Ms. Baily replied  the intent is to  levy the tax on each  tire only                                                            
once.                                                                                                                           
                                                                                                                                
Co-Chair Wilken indicated  the matter would be reviewed to avoid Co-                                                            
Chair Green's concern.                                                                                                          
                                                                                                                                
Co-Chair  Wilken  removed  his  objection   and  the  amendment  was                                                            
ADOPTED.                                                                                                                        
                                                                                                                                
Co-Chair  Wilken announced  intent to  consider this  bill with  the                                                            
updated fiscal note at the following meeting.                                                                                   
                                                                                                                                
Senator Olson  understood the intent of the fee to  generate revenue                                                            
to offset  the impacts  vehicles have  on roads.  He asked if  tires                                                            
sold  for vehicles  that do  not utilize  the road  system would  be                                                            
exempt from this tax.                                                                                                           
                                                                                                                                
Co-Chair Wilken cited AS 28.40.100(a)(12) as follows.                                                                           
                                                                                                                                
          (12) "highway" means the entire width between the                                                                     
     boundary lines of  every way that is publicly maintained when a                                                            
     part  of it is  open to the  public for  purposes of  vehicular                                                            
     travel,  including  but not  limited  to every  street and  the                                                            
     Alaska  state marine highway  system but not vehicular  ways or                                                            
     areas;                                                                                                                     
                                                                                                                                
Senator Olson  surmised if the tires  would be mounted on  a vehicle                                                            
located in an  area containing no public roads the  fee would not be                                                            
levied. He gave an example  of a resident in the Village of Savoonga                                                            
who would drive a truck along the beach to reach a fish camp.                                                                   
                                                                                                                                
Co-Chair Wilken  remarked the intent of this legislation  is to levy                                                            
the tax on the purchase of all motor vehicle tires in Alaska.                                                                   
                                                                                                                                
Senator  Olson  clarified  no  exemption  would be  given  to  tires                                                            
designed for highway use.                                                                                                       
                                                                                                                                
Co-Chair Wilken affirmed.                                                                                                       
                                                                                                                                
Senator Bunde  pointed out that the same driver in  Savoonga is also                                                            
paying the motor fuel tax.                                                                                                      
                                                                                                                                
Amendment  #1: This amendment  inserts a  new subsection to  Section                                                            
43.98.028(d) to read as follows.                                                                                                
                                                                                                                                
                (2) studded tires exclusively for use on a motor                                                                
     vehicle that meets  the qualifications under AS 28.22.011(a)(1)                                                            
     for  exemption  from  the  motor  vehicle  liability  insurance                                                            
     requirement of AS 28.22.011.                                                                                               
                                                                                                                                
[Note: This amendment was also referenced as Amendment #6.]                                                                     
                                                                                                                                
Senator Olson moved for adoption.                                                                                               
                                                                                                                                
Co-Chair Wilken objected for an explanation.                                                                                    
                                                                                                                                
Senator Olson  noted Departmental testimony to the  damage caused by                                                            
studded tires and heavy  traffic use on publicly maintained roadways                                                            
and  the  need  to  generate  revenue  to  assist  with maintenance                                                             
expenses. He  stated that tires that  would not be used on  publicly                                                            
maintained  roads should not  be charged this  tax. He spoke  to the                                                            
importance  of studded  tires  for safe  travel  along unmaintained                                                             
roads.                                                                                                                          
                                                                                                                                
Senator Olson  pointed out that vehicles operating  in areas without                                                            
publicly  maintained  roads  are exempt  from  registration  and  he                                                            
remarked that tires for these vehicles should also be exempted.                                                                 
                                                                                                                                
Co-Chair  Wilken  clarified that  tires  purchased  for mounting  on                                                            
vehicles operating  in communities exempt from vehicle  registration                                                            
would be exempt from the fees proposed in this legislation.                                                                     
                                                                                                                                
Senator Olson affirmed.                                                                                                         
                                                                                                                                
Co-Chair Wilken maintained his objection.                                                                                       
                                                                                                                                
Senator  Bunde  also   objected  to  the  amendment,   arguing  that                                                            
supplies,  equipment,  and  goods  are  transported   over  publicly                                                            
maintained roads and highways for use in these communities.                                                                     
                                                                                                                                
Senator  Olson countered  that  the tire tax  would  be paid on  the                                                            
tires mounted on the vehicles used to transport those goods.                                                                    
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR: Senator Olson                                                                                                         
                                                                                                                                
OPPOSED: Senator  Bunde, Senator B. Stevens, Co-Chair  Green and Co-                                                            
Chair Wilken                                                                                                                    
                                                                                                                                
ABSENT: Senator Taylor and Senator Hoffman                                                                                      
                                                                                                                                
The motion FAILED (1-4-2)                                                                                                       
                                                                                                                                
The amendment FAILED to be adopted.                                                                                             
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Gary Wilken adjourned the meeting at 10:36 AM                                                                          

Document Name Date/Time Subjects