Legislature(2013 - 2014)HOUSE FINANCE 519

04/19/2014 08:30 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 74 UNIVERSITY OF ALASKA BUILDING FUND TELECONFERENCED
Moved Out of Committee
+= SB 193 CONTRACTORS: BONDS; LICENSING TELECONFERENCED
Moved HCS SB 193(FIN) Out of Committee
+= SB 108 CONFIDENTIALITY OF CRIMINAL CASE RECORDS TELECONFERENCED
Heard & Held
+= SB 218 MUNI BOND BANK; UAF HEAT & PWR PLANT TELECONFERENCED
Moved HCS CSSB 218(FIN) Out of Committee
+= SB 71 PAYMENT OF FISHERY RESOURCE LANDING TAX TELECONFERENCED
Moved HCS CSSB 71(FIN) Out of Committee
+= SB 140 AIDEA: ARCTIC DEVELOPMENT PROGRAM/FUND TELECONFERENCED
Moved HCS CSSB 140(FIN) Out of Committee
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
Moved HCS CSSB 64(FIN) Out of Committee
SENATE BILL NO. 193                                                                                                           
                                                                                                                                
     "An Act relating to bonds required for contractors."                                                                       
                                                                                                                                
8:53:19 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  noted that  the  bill  was debated  in  a                                                                    
previous committee  hearing. He stated that  the proposed CS                                                                    
deleted the provision for "handyman."                                                                                           
                                                                                                                                
Representative Wilson MOVED to  ADOPT the proposed committee                                                                    
substitute  for  SB  193, Work  Draft  28-LS0697\Y  (Martin,                                                                    
4/17/14).   Representative  Guttenberg   objected  for   the                                                                    
purpose of discussion.                                                                                                          
                                                                                                                                
Co-Chair Stoltze asked if the  senator was familiar with the                                                                    
intent of the language change in the CS.                                                                                        
                                                                                                                                
SENATOR   PETER   MICCICHE  suggested   a   misunderstanding                                                                    
regarding  the  term  "handyman."   He  clarified  that  the                                                                    
handyman  category  protected  the handyman's  interests.  A                                                                    
handyman would  require a $5  thousand bond rather  than the                                                                    
$10 thousand  expected from  a contractor.  If a  person was                                                                    
not a contractor,  the regulations would not  be changed. He                                                                    
explained  that the  decreased bond  cost  was requested  by                                                                    
Alaskan handymen.                                                                                                               
                                                                                                                                
8:55:30 AM                                                                                                                    
                                                                                                                                
SARA CHAMBERS, DIRECTOR,  DIVISION OF CORPORATIONS, BUSINESS                                                                    
AND   PROFESSIONAL   LICENSING,  DEPARTMENT   OF   COMMERCE,                                                                    
COMMUNITY AND  ECONOMIC DEVELOPMENT, stated  that Department                                                                    
of Commerce, Community  and Economic Development experienced                                                                    
frequent  requests from  handymen for  state licensure.  She                                                                    
noted  that a  misconception  existed  within the  community                                                                    
regarding  the  complex  exemption   list  provided  by  the                                                                    
department.                                                                                                                     
                                                                                                                                
Co-Chair Stoltze asked if a  handyman would obtain a regular                                                                    
business license.                                                                                                               
                                                                                                                                
Ms.  Chambers  concurred,  but  noted  that  the  guidelines                                                                    
regarding  the  necessity  of a  contractor's  license  were                                                                    
often confusing.  The department  believed that  codifying a                                                                    
handyman license  for the correct professional  and business                                                                    
license  categories would  assist those  people seeking  the                                                                    
licensure.                                                                                                                      
                                                                                                                                
8:57:30 AM                                                                                                                    
                                                                                                                                
Senator  Micciche stated  that the  change in  the CS  would                                                                    
move the handyman into a  higher category and cost them more                                                                    
for licensing. He believed that  the objective of the CS was                                                                    
to  save money  for  the handyman,  but  instead the  change                                                                    
moved  them  into a  more  expensive  level of  bonding.  He                                                                    
stated that  the bond would  cost $150 to $250  annually for                                                                    
the entry  level, which would  protect the handyman  and the                                                                    
customer.                                                                                                                       
                                                                                                                                
8:58:45 AM                                                                                                                    
                                                                                                                                
Representative Wilson asked how  the CS and original version                                                                    
affected the handyman.                                                                                                          
                                                                                                                                
Senator  Micciche  responded  that for  earnings  less  than                                                                    
$2500 per  job nothing changed.  He noted that the  bill did                                                                    
not alter the laws  governing contractors. He clarified that                                                                    
the action of  advertising would lead to  establishment of a                                                                    
contractor status.                                                                                                              
                                                                                                                                
Co-Chair Stoltze noted that advertising was the trigger.                                                                        
                                                                                                                                
9:00:27 AM                                                                                                                    
                                                                                                                                
Representative Wilson  pointed out the  qualification figure                                                                    
of $10 thousand.                                                                                                                
                                                                                                                                
Senator Micciche responded that  prior to the legislation, a                                                                    
contractor required insurance at  $2500, but did not require                                                                    
a bond.                                                                                                                         
                                                                                                                                
Representative  Wilson  asked  if  the  CS  would  cause  an                                                                    
expense for the handyman category  that was prevented in the                                                                    
original legislation.                                                                                                           
                                                                                                                                
Senator Micciche responded that  that a lower-level handyman                                                                    
would pay between  $150 and $250 more for the  bond with the                                                                    
CS.                                                                                                                             
                                                                                                                                
9:01:52 AM                                                                                                                    
                                                                                                                                
Ms. Chambers added that the  department served many Alaskans                                                                    
seeking business  licenses. Many handymen  advertised, which                                                                    
required  licensure as  a general  or specialty  contractor.                                                                    
She spoke  of 516  investigative matters  last year  for the                                                                    
construction  contractor  category.   She  stated  that  the                                                                    
Department   of  Labor   and  Workforce   Development  would                                                                    
investigative  matters for  unlicensed practice.  She stated                                                                    
that the  legislation would  help avoid  a $1000  daily fine                                                                    
for being in business as a handyman without a license.                                                                          
                                                                                                                                
Representative  Wilson  understood  that  the  solution  was                                                                    
licensure.                                                                                                                      
                                                                                                                                
Ms. Chambers concurred.                                                                                                         
                                                                                                                                
9:04:04 AM                                                                                                                    
                                                                                                                                
Vice-Chair Neuman asked for  CS version clarification during                                                                    
the committee discussion.                                                                                                       
                                                                                                                                
Senator Micciche  stated that he  had been referring  to the                                                                    
original legislation.                                                                                                           
                                                                                                                                
Representative  Costello  asked  for  version  clarification                                                                    
throughout Ms. Chambers' testimony.                                                                                             
                                                                                                                                
Ms.   Chambers   replied   that  maintaining   the   bonding                                                                    
requirement for the handyman  category would help accomplish                                                                    
the goal.                                                                                                                       
                                                                                                                                
Representative Costello  asked if  Ms. Chambers  referred to                                                                    
the original version.                                                                                                           
                                                                                                                                
Ms. Chambers concurred.                                                                                                         
                                                                                                                                
Representative Holmes  OBJECTED. She  stated that  she would                                                                    
express OBJECTION to the CS as it might cost more money.                                                                        
                                                                                                                                
9:06:15 AM                                                                                                                    
                                                                                                                                
Senator Micciche spoke to the  adoption of the CS. He stated                                                                    
that when  a handyman advertised  in Alaska, a  minimum bond                                                                    
of  $10 thousand  was required.  The  cost of  the bond  was                                                                    
dropped to $5 thousand for the handyman category.                                                                               
                                                                                                                                
A roll  call vote was taken  on the motion to  adopt the CS,                                                                    
version Y.                                                                                                                      
                                                                                                                                
IN FAVOR:                                                                                                                       
OPPOSED: Neuman,  Thompson, Wilson, Costello,  Edgmon, Gara,                                                                    
Guttenberg, Holmes, Munoz, Austerman, Stoltze                                                                                   
                                                                                                                                
The MOTION FAILED (11/0).                                                                                                       
                                                                                                                                
The workdraft was not adopted.                                                                                                  
                                                                                                                                
Representative Holmes expressed  better understanding of the                                                                    
bill because of the CS.                                                                                                         
                                                                                                                                
9:09:12 AM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze asked for amendments.                                                                                          
                                                                                                                                
Representative  Costello  discussed   the  two  zero  fiscal                                                                    
notes.                                                                                                                          
                                                                                                                                
9:09:53 AM                                                                                                                    
                                                                                                                                
Representative Holmes  MOVED to REPORT  SB 193 (FIN)  out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
9:10:20 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:10:33 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Representative  Holmes rescinded  the prior  motion to  move                                                                    
the bill. She MOVED conceptual  amendment 1, which added the                                                                    
effective  date   of  January   1,  2015.  There   being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
9:11:16 AM                                                                                                                    
                                                                                                                                
Representative  Holmes  MOVED  to  REPORT  SB  193(FIN),  as                                                                    
amended  out of  committee  with individual  recommendations                                                                    
and   the  accompanying   fiscal  notes.   There  being   NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
HCSSB  193(FIN) was  REPORTED out  of committee  with a  "do                                                                    
pass" recommendation and with one  new zero fiscal note from                                                                    
the Department  of Labor and  Workforce Development  and one                                                                    
new  zero  fiscal  note from  the  Department  of  Commerce,                                                                    
Community and Economic Development.                                                                                             
                                                                                                                                
9:21:55 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:36:17 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HFC CS SB 108 (FIN).pdf HFIN 4/19/2014 8:30:00 AM
SB 108
CS WORKDRAFT FIN Y version.pdf HFIN 4/19/2014 8:30:00 AM
SB 193
SB 108 Court View Disclaimer.pdf HFIN 4/19/2014 8:30:00 AM
SB 108
SB 64 CS WORKDRAFT HFIN 28-LS0116Q.pdf HFIN 4/19/2014 8:30:00 AM
SB 64
SB 140 CS WORKDRAFT FIN 28-LS1246B.pdf HFIN 4/19/2014 8:30:00 AM
SB 140
SB 71 CS WORKDRAFT FIN 28-LS0594H.pdf HFIN 4/19/2014 8:30:00 AM
SB 71
SB 64 MADD Document.pdf HFIN 4/19/2014 8:30:00 AM
SB 64
SB 218 CS WORKDRAFT HFIN 28-LS1567-P.pdf HFIN 4/19/2014 8:30:00 AM
SB 218
SB 71 Amendment Munoz #1 HFIN.pdf HFIN 4/19/2014 8:30:00 AM
SB 71
SB 64 Amendment #1 Holmes.pdf HFIN 4/19/2014 8:30:00 AM
SB 64
SB 64 Amendment Replacement #1 Holmes.pdf HFIN 4/19/2014 8:30:00 AM
SB 64