03/31/2004 08:05 AM Senate JUD
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ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 31, 2004
8:05 a.m.
TAPE(S) 04-29
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Scott Ogan, Vice Chair
Senator Gene Therriault
Senator Hollis French
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
SENATE BILL NO. 340
"An Act relating to the detention of delinquent minors in
correctional facilities; relating to emergency detention of
minors for evaluation for involuntary admission for mental
health treatment; relating to detention of intoxicated minors
and minors incapacitated by alcohol or drugs; and providing for
an effective date."
MOVED SB 340 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 349(JUD) am
"An Act amending Rule 412, Alaska Rules of Evidence."
MOVED SCS CSHB 349(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 513
"An Act relating to the enforcement of support orders through
suspension of drivers' licenses; changing the name of the child
support enforcement agency to the child support services agency;
amending Rules 90.3 and 90.5, Alaska Rules of Civil Procedure;
and providing for an effective date."
MOVED SCS CSHB 513(JUD) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 340(JUD) am
"An Act relating to damages in an action for a defect in the
design, construction, and remodeling of certain dwellings; and
providing for an effective date."
MOVED CSHB 340(JUD)am OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 340
SHORT TITLE: DETENTION OF MINORS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/16/04 (S) READ THE FIRST TIME - REFERRALS
02/16/04 (S) HES, JUD
03/03/04 (S) HES AT 1:30 PM BUTROVICH 205
03/03/04 (S) Moved SB 340 Out of Committee
03/03/04 (S) MINUTE(HES)
03/04/04 (S) HES RPT 3DP
03/04/04 (S) DP: DYSON, GREEN, WILKEN
03/19/04 (S) JUD AT 8:00 AM BUTROVICH 205
03/19/04 (S) Heard & Held
03/19/04 (S) MINUTE(JUD)
03/31/04 (S) JUD AT 8:00 AM BUTROVICH 205
BILL: HB 349
SHORT TITLE: ILLEGALLY OBTAINED EVIDENCE/EVID RULE 412
SPONSOR(s): REPRESENTATIVE(s) SAMUELS, MCGUIRE, STOLTZE,
DAHLSTROM
01/12/04 (H) PREFILE RELEASED 1/2/04
01/12/04 (H) READ THE FIRST TIME - REFERRALS
01/12/04 (H) JUD
01/26/04 (H) JUD AT 2:00 PM CAPITOL 120
01/26/04 (H) Heard & Held
01/26/04 (H) MINUTE(JUD)
02/02/04 (H) JUD AT 1:00 PM CAPITOL 120
02/02/04 (H) Scheduled But Not Heard
02/04/04 (H) JUD AT 1:00 PM CAPITOL 120
02/04/04 (H) -- Meeting Canceled --
02/09/04 (H) JUD AT 1:00 PM CAPITOL 120
02/09/04 (H) Moved CSHB 349(JUD) Out of Committee
02/09/04 (H) MINUTE(JUD)
02/18/04 (H) JUD RPT CS(JUD) 3DP 1NR
02/18/04 (H) DP: SAMUELS, HOLM, MCGUIRE; NR: GARA
03/03/04 (H) TRANSMITTED TO (S)
03/03/04 (H) VERSION: CSHB 349(JUD) AM
03/04/04 (S) READ THE FIRST TIME - REFERRALS
03/04/04 (S) JUD
03/15/04 (S) JUD AT 8:00 AM BUTROVICH 205
03/15/04 (S) -- Meeting Canceled --
03/22/04 (S) JUD AT 8:00 AM BUTROVICH 205
03/22/04 (S) Heard & Held
03/22/04 (S) MINUTE(JUD)
03/31/04 (S) JUD AT 8:00 AM BUTROVICH 205
BILL: HB 513
SHORT TITLE: CSED NAME CHANGE/DRIVER'S LIC.SUSPENSION
SPONSOR(s): REPRESENTATIVE(s) KOTT
02/16/04 (H) READ THE FIRST TIME - REFERRALS
02/16/04 (H) JUD
02/23/04 (H) JUD AT 1:00 PM CAPITOL 120
02/23/04 (H) Moved Out of Committee
02/23/04 (H) MINUTE(JUD)
02/24/04 (H) JUD RPT 5DP 2NR
02/24/04 (H) DP: SAMUELS, GRUENBERG, OGG, ANDERSON,
02/24/04 (H) MCGUIRE; NR: GARA, HOLM
03/01/04 (H) TRANSMITTED TO (S)
03/01/04 (H) VERSION: HB 513
03/02/04 (S) READ THE FIRST TIME - REFERRALS
03/02/04 (S) JUD, FIN
03/12/04 (S) JUD AT 8:00 AM BUTROVICH 205
03/12/04 (S) Heard & Held
03/12/04 (S) MINUTE(JUD)
03/31/04 (S) JUD AT 8:00 AM BUTROVICH 205
WITNESS REGISTER
Ms. Patricia Ware
Division of Juvenile Justice
Department of Health &
Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Answered questions about SB 340
Representative Ralph Samuels
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented HB 349
Ms. Tamara De Lucia
Office of Victims' Rights
1007 West 3rd Avenue, Suite 205
Anchorage, Alaska 99501-1936
POSITION STATEMENT: Supports Amendment 1 to HB 349
Mr. John Main
Staff to Representative Kott
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions about HB 513
Representative Kevin Meyer
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Presented CSHB 340(JUD)am
Ms. Robin Ward
Alaska State Homebuilders Association
POSITION STATEMENT: Answered a question about CSHB 340(JUD)am
Mr. Dave Dillard, Vice-president
Alaska Builders Association
Fairbanks, AK
POSITION STATEMENT: Supports CSHB 340(JUD)am
Mr. Jeff Hall
Palmer, AK
POSITION STATEMENT: Supports CSHB 340(JUD)am
ACTION NARRATIVE
TAPE 04-29, SIDE A
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:05 a.m. Senators Therriault,
Ogan, French and Seekins were present. The first order of
business to come before the committee was SB 340.
SB 340-DETENTION OF MINORS
MS. PATRICIA WARE, Director of the Division of Juvenile Justice,
Department of Health and Social Services (DHSS), reminded
members that she presented the bill to the committee several
weeks ago and said she would give a brief overview and answer
questions.
MS. WARE told members the bill makes changes to the delinquency
statutes, the alcohol statutes, and the mental health statutes
to align them with the Federal Juvenile Justice and Delinquency
Prevention Acts, so that the state will not be placing
juveniles, who have not committed crimes, in either an adult or
juvenile correctional facility. DHSS needs SB 340 to pass this
session to retain federal grant funds. She emphasized that SB
340 will not impact DHSS's ability to hold juveniles in
facilities in rural Alaska if they have been accused of a
delinquent offense. SB 340 will align Alaska statutes with
federal language and implement best practice, as the state
should not be placing juveniles in either juvenile correctional
facilities or adult jails when they have not been accused of
committing a crime.
CHAIR SEEKINS noted with no participants, public testimony was
closed.
SENATOR THERRIAULT moved SB 340 from committee with individual
recommendations and its zero fiscal note.
CHAIR SEEKINS announced that with no objection, the motion
carried.
CSHB 349(JUD)am-ILLEGALLY OBTAINED EVIDENCE/EVID RULE 412
REPRESENTATIVE RALPH SAMUELS, co-sponsor of HB 349, explained to
members that this measure will stop people from lying with
impunity on the witness stand. It is fair to victims and the
system as a whole to try to get the truth and justice out up
front. It will align Alaska statute with all but two states:
Hawaii, and West Virginia. He noted that Senator French has a
proposed amendment, which he fully supports.
SENATOR FRENCH moved to adopt Amendment 1, which reads as
follows.
A M E N D M E N T 1
OFFERED IN THE SENATE By Senator French
TO: SB 349
Page 2, lines 11-14
Delete all material
Page 2, line 11
Insert
(B) any criminal action, to impeach the
defendant, co-defendant, or a former defendant in
the case if the prosecution shows that the
evidence
(i) Was the product of a statement illegally
obtained in violation of the right to
warnings under Miranda v. Arizona, 384
US 436 (1966) and
(ii) Was not obtained in substantial
violation of the rights of the
defendant, co-defendant, or a former
defendant in the case, as appropriate.
SENATOR THERRIAULT objected for the purpose of discussion.
SENATOR FRENCH informed members that Amendment 1 came about
because he and another committee member were a bit hesitant
about the section of the bill that deals with other evidence
illegally obtained. His concern is that phrase could be
interpreted to apply to not only Miranda violations, but also to
violations of the Fourth Amendment. He fears that a police
officer could illegally seize a piece of evidence in violation
of a person's Fourth Amendment right and use that evidence to
impeach a witness whose testimony was contrary to the evidence.
After discussing that point with Mr. Branchflower, he came up
with Amendment 1. Amendment 1 restates that the evidence
illegally obtained must be obtained as a result of a statement
taken in violation of Miranda. In other words, the evidence has
to go right back to the statement made. He summarized:
So the amendment basically says you can impeach
someone with evidence illegally obtained if it was the
fruit of the poisonous tree, so to speak, and the tree
is the statement taken in violation of Miranda. So it
is sort of a clean up, if you will, or a reiteration,
if you will, of what page 1, lines 10 and 11 say....
REPRESENTATIVE SAMUELS affirmed:
If you told somebody in the statement that was
suppressed - I hid the knife here - if the statement
comes back in, then the knife comes back in. But if
you go and you search somebody's trunk and you find
the cocaine in there and you should have never
searched the trunk, then that stays out. And that was
the intent all along and, as you all know, when you
stare at something too long, that's the way that I
always read it so this clarification is where the bill
was intended to go all along and I think it should
probably ease some of the fears Senator Ogan had on
the evidentiary portions of things, hopefully, so I
fully support the amendment.
SENATOR OGAN responded that he appreciates Senator French's work
but pointed out that Amendment 1 says, "was not obtained in
substantial violation of the rights of the defendant." He
cautioned that Amendment 1 says the state can violate the rights
of a defendant but not much. He said he had a long talk with the
bill sponsor and has wrestled with this bill all session. He
stated he is not comfortable violating citizens'
constitutionally protected rights that have been won with the
blood of Americans over a few hundred years. He acknowledged
that a lot of incredibly frustrating and unfair things happen to
good people because a police officer does not do his job and
people are not brought to justice. He stated he will not object
to Amendment 1 because he believes it makes the bill better, but
it does not fix the bill.
REPRESENTATIVE SAMUELS said the term, "substantial violation" is
in the existing statute.
CHAIR SEEKINS said he is only willing to look at that simply
because that language would be used to impeach when it is
obvious that a person has perjured himself.
SENATOR OGAN noted that he had only seconds to review the
amendment and asked for further explanation.
SENATOR FRENCH said it is important to remember that this
scenario would only arise in the impeachment arena, where a
defendant willingly takes the stand at his own trial or as a co-
defendant or former defendant. If the defendant takes the stand
and says something that directly contradicts a statement given
to police before the trial, and the statement given to the press
was suppressed because of a Miranda violation, the prosecution
could use that statement to impeach the defendant.
He furthered:
If he tells the police at the scene I stabbed my wife
to death with this bloody knife, and it turns out that
they forgot to give him his Miranda rights or they
left out one sentence of his Miranda rights and that
statement was suppressed, and he gets to trial on a
murder case, if he doesn't take the stand, the
statement never comes in and the knife doesn't come in
because it's been suppressed because of the Miranda
violation. Okay? But if he does take the stand and he
says, I didn't stab my wife, my neighbor came in and
stabbed my wife - I was there defending her, that's
why I was covered in blood. Okay, if he says that on
the stand, having told the police at the scene I
stabbed her to death with this knife, then, because
he's given a direct contradictory statement to the one
he gave to the police, you can impeach him with the
statement he gave the police and you can bring out the
bloody knife and say, moreover, here's the knife he
used to stab her with and its got his bloody
fingerprints on it. So it's only to impeach a
statement that was suppressed because of Miranda.
He explained that the first part of Amendment 1 deals with
impeaching a statement given in violation of Miranda, while the
second part is a "guard rail" so that the statement cannot be
used to impeach if it was illegally obtained for more than a
Miranda right violation.
SENATOR OGAN asked what the language on lines 12 through 14 will
do.
SENATOR FRENCH said it clarifies that the illegally obtained
evidence must have been obtained as the result of a statement
taken in violation of Miranda. It could not have been obtained
under a Fourth Amendment violation.
SENATOR OGAN asked Senator French how that would apply if the
defendant requested an attorney but the defendant answered
questions asked by the police while waiting for the attorney to
arrive.
SENATOR FRENCH replied if the judge ruled the defendant's
Miranda rights were violated and suppresses the statement, the
statement would never come into court unless the defendant takes
the stand at his trial and tells a contradictory story.
SENATOR THERRIAULT asked if the impeachment proceeding is
separate from the trial.
SENATOR FRENCH said it would happen in the context of the trial
when the defense attorney called the defendant to the stand.
SENATOR THERRIAULT withdrew his objection to Amendment 1,
therefore it was adopted.
MS. TAMARA DE LUCIA, Office of Victims' Rights, stated strong
support for Amendment 1 because it will give defendants no
incentive to perjure themselves on the stand in a criminal
trial. It is aimed strictly at allowing "the fruit of the
poisonous tree" evidence in to impeach in addition to actual
suppressed statements. It will also bring Alaska in line with
federal precedence.
CHAIR SEEKINS announced that with no further participants,
public testimony was closed.
SENATOR THERRIAULT moved SCS CSHB 349(JUD) from committee with
individual recommendations and attached fiscal notes.
CHAIR SEEKINS noted that without objection, the motion carried.
HB 513-CSED NAME CHANGE/DRIVER'S LIC.SUSPENSION
MR. JOHN MAIN, staff to Representative Pete Kott, sponsor of HB
513, reminded members that at the last hearing on HB 513,
Senator French asked about the possibility of putting a time
limit on when a person's driver's license could be revoked after
that person had set up a payment agreement. He and Senator
French drafted a committee substitute that would allow the Child
Support Enforcement Division (CSED) to do that. He explained the
CS will allow CSED to revoke the release of the individual's
driver's license. However, if the person has faithfully paid
child support for two years [and defaults], CSED will have to
begin the process over again.
CHAIR SEEKINS noted with no participants, public testimony was
closed.
SENATOR OGAN asked if CSED will be able to suspend drivers'
licenses for non-payment of child support.
MR. MAIN said that is correct, and is what CSED currently does.
SENATOR OGAN questioned how a person would get to work so that
he can pay child support without a driver's license.
MR. MAIN said the people who will fall in this category have not
been paying child support. This bill will provide incentives to
get them back to the table to set up payment agreements for
child support. CSED has tried other means with these people and
has failed. This will provide one more tool to use.
SENATOR FRENCH asked how long a person has to be in arrears
before he or she could lose a license.
MR. MAIN said at least four months.
SENATOR FRENCH asked if the person would get warnings after four
months.
MR. MAIN said that is correct.
SENATOR FRENCH asked how long the warning period is.
MR. MAIN said the person would get a letter giving them 60 days
to comply, which could take the form of paying the arrears or
setting up a payment plan.
SENATOR FRENCH asked about the 150-day period after the 60-day
period.
MR. MAIN said the 150-day period would be the waiting period
before CSED could revoke the license.
SENATOR FRENCH estimated the revocation process would take about
five months.
MR. MAIN agreed.
SENATOR FRENCH asked if, during that five months, the person
started making payments, CSED would suspend the revocation
process.
MR. MAIN said that is correct.
CHAIR SEEKINS asked if a person can get his or her driver's
license back by resuming child support payments.
MR. MAIN said yes, but it would be best if the person set up a
payment agreement so that CSED knows the person is operating in
good faith.
SENATOR OGAN asked if the legislature authorized CSED to take
away business licenses for non-payment of child support.
MR. MAIN clarified that the legislature authorized CSED to take
away occupational licenses, not business licenses.
SENATOR OGAN commented that the legislature is not going to let
people in arrears own a business or drive, which will guarantee
they will never pay child support. He questioned whether people
can be imprisoned for non-payment of child support.
MR. MAIN said that criminal non-support has been in existence
for at least 20 years. He furthered that HB 513 will only close
a loophole. CSED can revoke drivers' licenses now. HB 513 will
close a loophole for those people who abuse the process when
they have no intention of complying with child support
agreements.
SENATOR THERRIAULT asked if the [driver's license revocation
provision] was added by the legislature a few years ago because
of the passage of federal legislation.
MR. MAIN said that is correct and happened in 1996.
SENATOR THERRIAULT asked Mr. Main to review the loophole in
state law.
MR. MAIN explained that in some cases, an individual will not
pay child support for an additional 120 days after being
notified with the 60-day warning letter. The individual will
then go to CSED and set up a payment schedule and then pay one
or two payments and quit. CSED must then start the entire
process over again, which takes about five months. HB 513 will
stop that individual from using the system to his or her
advantage. The CS says if the individual has continued to pay
for two years under the payment agreement and then cannot, CSED
would then have to start the process over again. He stated the
goal is not to punish the people who are making faithful
attempts to pay child support; it is to go after those people
who are working the system to their advantage.
SENATOR FRENCH said his concern in closing the loophole is that
a person could have a driver's license suspension hanging over
his head forever. The person could be 10 days away from having
his license revoked and finally begin to pay but HB 513 was
originally structured so that person could be 10 days away from
losing his license forever because CSED would never have to
start the process over again.
SENATOR THERRIAULT questioned the renaming of the division.
MR. MAIN told members that Speaker Kott attended a National
Conference of State Legislatures conference where one of the
discussions was about the need to remove the implication that
CSED's only role is enforcement. CSED also establishes
paternity, payment modifications, and services both parents and
other agencies. States are looking to foster a better image of
their agencies to one that is service oriented.
SENATOR THERRIAULT moved to adopt the proposed committee
substitute, version H, as the working document of the committee.
CHAIR SEEKINS announced that without objection, the motion
carried.
SENATOR OGAN commented that he gets tired of the federal
government mandating to states how to run their businesses and
that, although many of the mandates are well meaning, it is too
easy for legislators to "suck up" to the federal money. He
expressed concern that taking away a business license and
driver's license will ultimately hurt the children and that many
men find themselves to be the victim of good attorneys and
manipulation of the system. Those men never get custody of their
children but get the screws put on them by a state agency and
have no hope at all. He also acknowledged that some parents
raise children without any help from the other parent.
CHAIR SEEKINS agreed there are "scumbags" on both sides of the
issue and said it is hard to watch someone who is under a court
order to provide child support refuse to do it. He said if there
was a way to make sure that everything was always applied with
the right level of justice, he'd be willing to vote for that in
half a second but he does not know how to do that. He hopes the
people who enforce the laws that are passed use those laws to
bring the egregious offenders to justice.
SENATOR THERRIAULT moved SCS CSHB 513(JUD) from committee with
individual recommendations and its zero fiscal note. Without
objection, the motion carried.
CSHB 340(JUD)am-DAMAGES IN CONSTRUCTION CLAIMS
REPRESENTATIVE KEVIN MEYER, sponsor of HB 340, gave the
following review of the measure. This bill will place a limit on
the damages that can be collected on a construction defect to
four things: the actual cost of necessary repairs and damages
caused by the construction defect; reasonable attorney fees; the
reduction of the market value of the home caused by the defect;
and reasonable costs of temporary housing. CSHB 340(JUD)am does
not provide any protection from construction defects caused by
gross negligence or willful recklessness nor does it limit
damages due to personal injury or wrongful death.
REPRESENTATIVE MEYER explained that he introduced HB 340 because
the state requires the construction industry to carry general
liability insurance. Unfortunately, only one company is now
writing insurance in Alaska because Alaska is considered to be
high risk and has a low population. Those contractors who can
get insurance often pay high premiums for limited coverage. The
homebuilder passes those costs on to the consumer. Data from the
State of Nevada showed that with every insurance spike, 1400
people could no longer qualify for homes, and most of those
people are first time homebuyers. He said he cannot assure
anyone that insurance rates will go down if CSHB 340(JUD)am
passes. However, if the legislature makes Alaska a better place
in which to write insurance, more companies will do business
here. The legislature cannot control the rising cost of housing
due to labor costs, materials or land but it can try to control
insurance costs. He noted CSHB 340(JUD)am will protect the
homebuilders who are trying to do the right thing.
8:48 a.m.
SENATOR OGAN asked if CSHB 340(JUD)am limits punitive damages
only.
REPRESENTATIVE MEYER said that is correct.
SENATOR FRENCH indicated that CSHB 340(JUD)am will not limit
suits for personal injury.
REPRESENTATIVE MEYER acknowledged that is correct.
CHAIR SEEKINS asked where the notice of the limits will be
posted.
REPRESENTATIVE MEYER explained that the legislature enacted a
law last year that required a form to be included when closing
on a home. The form was to be a different color so that it would
be obvious to the buyer. CSHB 340(JUD)am will add one paragraph
to that form.
CHAIR SEEKINS asked if the bill requires the buyer to
acknowledge receipt of the form.
REPRESENTATIVE MEYER believed so but was not sure.
TAPE 04-29, SIDE B
SENATOR OGAN declared a conflict of interest as he may work as a
homebuilder in the future.
CHAIR SEEKINS objected and asked that he vote.
SENATOR FRENCH stated, for the record, that his wife is a real
estate agent. He then asked if CSHB 340(JUD)am applies to
schools, government buildings, hotels, B&Bs or motels.
MS. ROBIN WARD, Alaska State Homebuilders' Association, said it
would not apply to any of the above except a B&B because that is
also a home.
CHAIR SEEKINS took public testimony.
MR. DAVE DILLARD, 3-2-1 Construction and the vice president of
the Alaska State Homebuilders Association, stated support for
CSHB 340(JUD)am. He told members that he was insured by State
Farm Insurance for 15 years and never filed a claim. Last year
State Farm decided to quit writing general liability policies
altogether in Alaska. He noted he paid $6,500 last year for $1.5
million of coverage but got a recent quote of $50,000 [for the
same coverage]. He was able to get coverage through his
association that is costing him twice as much as he paid last
year. He said that the Alaska Homebuilders want to protect
homebuilders and stop frivolous lawsuits. [The remainder of Mr.
Dillard's testimony was inaudible due to teleconference
problems.]
SENATOR THERRIAULT asked Mr. Dillard his interpretation of the
phrase "cure the defect" used in the bill. He questioned whether
a contractor could remedy a substandard foundation problem by
puttying the cracks it caused in the wall or whether the
contractor would have to fix the foundation.
MR. DILLARD said contractors always have to go back every year
and fix small cracks in the walls from drying and seasonal
shifting. Regarding the foundation problem, he personally would
fix it. However, he does not know where one would draw the line
if an earthquake damaged a foundation.
CHAIR SEEKINS commented that having been involved in the
warranty business and being relatively conversant with the
phrase "cure the defect," his interpretation is that it would go
to the root cause of the problem.
SENATOR THERRIAULT said his district has a large transient
population because of the military influence. He pointed out
that not all contractors are like Mr. Dillard, who works to
maintain his reputation. Other contractors may cut corners and
leave town. He said his concern is that this legislation
protects people from the shoddy builders.
MR. DILLARD noted that CSHB 340(JUD)am does not address that
issue. He said the Alaska State Homebuilders Association is not
trying to dodge any responsibilities, but wants to limit
people's ability to come up with "upper end things or stress or
whatever people can come up with, with their hand out, thinking
there's an easy handout and therefore lawsuits. We're not taking
anything away from the contractor not having to go back, either
by law or he should just do it anyway."
SENATOR OGAN said his reading is that CSHB 340(JUD)am still
requires that the defect be fixed; it only limits punitive
damages.
CHAIR SEEKINS said that is his reading also, which is similar to
what is done in the auto business.
MR. JEFF HALL, a Palmer homebuilder, told committee members that
he hopes CSHB 340(JUD)am will help resolve the insurance
problems experienced by homebuilders. He said the other
Northwest states have experienced similar problems; Alaska is
the last state to change its statutes to help the situation. He
discussed his insurance problems and explained that the
procedure will entail a final walk-through by the buyer, after
which the buyer signs the paperwork and copies of the notice are
kept on file and given to the buyer. He urged passage of the
bill.
SENATOR OGAN expressed concern that the homebuilder who builds a
few homes each year is about to become extinct and asked if that
is an over-dramatization.
MR. HALL said it is not and noted it is difficult to pass on a
500 percent increase in rates to the consumer and that
appraisers set the price of homes, therefore the small home
builder is going to be in a very tough spot in the next few
years if the industry does not change.
SENATOR OGAN moved CSHB 340(JUD)am from committee with
individual recommendations and its zero fiscal note.
CHAIR SEEKINS announced that without objection, the motion
carried. At 9:10 a.m., he recessed the meeting to 1:00 p.m. to
take up SB 170.
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