Legislature(2013 - 2014)BARNES 124

04/17/2014 09:00 AM House LABOR & COMMERCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ SB 214 PORTABLE ELECTRONICS INSURANCE ADJUSTERS TELECONFERENCED
Moved Out of Committee
+ SB 193 CONTRACTORS: BONDS; LICENSING TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
              SB 193-CONTRACTORS: BONDS; LICENSING                                                                          
                                                                                                                                
9:16:26 AM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  final order of business  would be                                                              
SENATE  BILL NO.  193,  "An Act  relating  to  bonds required  for                                                              
contractors."                                                                                                                   
                                                                                                                                
9:16:29 AM                                                                                                                    
                                                                                                                                
SENATOR  PETER MICCICHE,  Alaska  State Legislature,  speaking  as                                                              
sponsor,  stated  that SB  193  is  about  updating the  level  of                                                              
protection  associated  with  surety  bonds,  noting  that  surety                                                              
amounts have  not been  updated since 1982.   The current  bonding                                                              
rates  are  $10,000   for  general  contractors   and  $5,000  for                                                              
specialty  contractors.   This bill  would increase  the rate  for                                                              
general contractors  to $25,000, new residential-only  endorsement                                                              
to  $20,000, and  mechanical  and  specialty contractor  bonds  to                                                              
$10,000, and  it will bring down  bonding rates for a  handyman to                                                              
$5,000.  This  bill does not have  any fiscal impact and  is a key                                                              
piece of legislation for many reputable contractors in Alaska.                                                                  
                                                                                                                                
9:17:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHENAULT   related  his  understanding   that  the                                                              
fiscal note  is indeterminate  since the  department doesn't  know                                                              
the  cost  or  revenues  associated  with  the  bill  because  the                                                              
potential number  of handyman contractors is unknown.   He further                                                              
assumed  costs  will be  on  the  positive  side rather  than  the                                                              
negative  side.    He  noted that  the  DCCED's  fiscal  note  was                                                              
changed and he was unsure why, but he offered to review it.                                                                     
                                                                                                                                
9:18:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  asked   whether  the  bond  requirement                                                              
relative to "handyman" contractors is exempted.                                                                                 
                                                                                                                                
SENATOR MICCICHE  answered  that "handymen"  are exempted  so long                                                              
as  they don't  perform  jobs above  $2,500.   The  bill does  not                                                              
change the definition  of a contractor, but will  cover "handyman"                                                              
contractors who  perform work in excess  of $2,500.  He  said, "If                                                              
they're  a  contractor,  they're  a contractor;  if  they're  not,                                                              
they're not."   If  the handyman's work  fits into the  definition                                                              
and  he/she performs  work  over $2,500  on  a job,  it will  fall                                                              
under  the bond  requirement.   The  cost of  bonding and  typical                                                              
costs  for a  $5,000 bond  ranges from  $125-$250 per  year.   The                                                              
most expensive cost for contractors is the cost of insurance.                                                                   
                                                                                                                                
9:19:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  asked for  further  clarification.   He                                                              
related  a scenario  in  which a  "handyman"  charges a  homeowner                                                              
$2,400.   He asked whether the  "handyman" would be  exempted from                                                              
bond requirements.                                                                                                              
                                                                                                                                
SENATOR  MICCICHE answered  that  if most  of  the work  performed                                                              
falls  below  the   [$2,500]  level,  the  party  may   not  be  a                                                              
contractor.   Previously, anyone  who advertised was  considered a                                                              
contractor.   He  reiterated that  this bill  doesn't change  this                                                              
for a  contractor, but  will allow for  a "handyman"  category and                                                              
save them about $250 per year.                                                                                                  
                                                                                                                                
9:20:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON wondered if  someone could  "stack" this                                                              
by doing a project and come back and still enjoy some exemption.                                                                
                                                                                                                                
SENATOR MICCICHE  stated  that people still  have the  opportunity                                                              
to hire folks that  are not operating legally.   He suggested that                                                              
people who wish to  "play the system" will do so,  but if they are                                                              
typically doing  work above that  level, the person  is considered                                                              
a  contractor  and  requires  a  bond.    He  suggested  that  any                                                              
Alaskans should  choose to  have the work  done on their  homes be                                                              
done  by insured,  bonded and  licensed  professionals, since  the                                                              
cost is  low; in fact, reputable  contractors don't  even consider                                                              
it.  It is  the cost of doing business and  protects consumers and                                                              
homeowners against things that can go wrong on the job.                                                                         
                                                                                                                                
9:22:03 AM                                                                                                                    
                                                                                                                                
CHAIR  OLSON explained  that typically  the  licensed and  insured                                                              
contractors are  the ones who  will report uninsured  contractors.                                                              
It   is   "self-policing,"   as    uninsured   contractors   could                                                              
consistently "low bid" if they are not paying any overhead.                                                                     
                                                                                                                                
9:22:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  asked for  the  reason a  public  adjuster                                                              
would not be needed under this bill.                                                                                            
                                                                                                                                
SENATOR MICCICHE asked for clarification on the term adjuster.                                                                  
                                                                                                                                
REPRESENTATIVE  HERRON answered  that  the  public adjuster  could                                                              
work  for  the  party  and  represents   the  person  against  the                                                              
insurance company.                                                                                                              
                                                                                                                                
The committee took an at-ease from 9:23 a.m. to 9:25 a.m.                                                                       
                                                                                                                                
9:25:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  asked for  the  reason a  public  adjuster                                                              
would not be needed under this bill.                                                                                            
                                                                                                                                
SENATOR MICCICHE  answered that  this bill  is for licensed  bonds                                                              
and not for a  bid-in-performance bond.  The bill  does not change                                                              
the  bond system  and  the party  would choose  an  adjuster.   He                                                              
reiterated  that this  is not  part of  the bill  since this  bill                                                              
just updates the levels of protection offered to consumers.                                                                     
                                                                                                                                
9:25:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON remarked that  if a party  is in  a dispute                                                              
with  an  insurance  company  it  has  been  his  experience  that                                                              
sometimes an independent adjuster is not the best advocate.                                                                     
                                                                                                                                
CHAIR OLSON  agreed that  an independent  adjuster could  work for                                                              
the public and the insurance industry.                                                                                          
                                                                                                                                
REPRESENTATIVE  JOSEPHSON said at  one point  in time  bonds would                                                              
be  held by  the department  for  up to  three  years, even  after                                                              
cessation of the  practice or business.  He asked  whether that is                                                              
still the case.                                                                                                                 
                                                                                                                                
9:27:12 AM                                                                                                                    
                                                                                                                                
LORI  WING-HEIER, Director,  Division of  Insurance (DOI),  DCCED,                                                              
highlighted  the  distinction  between  a  licensing  bond,  which                                                              
allows  the contractor  to bid work  and perform  what the  client                                                              
might  request and  a  bid and  performance  bond that  identifies                                                              
that the  contractor has the  wherewithal to order  the materials,                                                              
make payroll,  and to  complete the project.   She explained  that                                                              
the performance  bonds are bid on  the value of the project.   She                                                              
said this  bill does not address  bid and performance bonds.   She                                                              
related  her  understanding  that   Representative  Josephson  was                                                              
asking whether the  bid and performance bond is held  for a period                                                              
of time  after the  job is  completed to  make sure that  warranty                                                              
items and punch  list items are completed.  She  acknowledged that                                                              
she thought that period was for three years.                                                                                    
                                                                                                                                
9:28:17 AM                                                                                                                    
                                                                                                                                
JOHN   MACKINNON,    Executive   Director,    Associated   General                                                              
Contractors (AGC),  testified on  behalf of the AGC,  representing                                                              
over  650  Alaska  businesses  and   construction  industry.    He                                                              
testified in support  of SB 193.  He explained that  the AGC began                                                              
working on  this issue  several years ago  by engaging  with other                                                              
trade  associations, such  as the  National Electric  Contractor's                                                              
Association  (NECA),  Alaska  Mechanical  Contractors  Association                                                              
(AMCA), Associated  Builders and  Contractors, Inc.  (ABC), Alaska                                                              
State Homebuilding  Association (ASHBA), and state  and local home                                                              
builders  associations to  agree  on bond  limits and  reasonable,                                                              
affordable costs.   He acknowledged that some  associations wanted                                                              
higher  limits  than those  in  the  bill; however,  these  groups                                                              
agreed on  what closely approximated  the 1982 levels would  be if                                                              
those amounts  were adjusted for inflation.   He said that  SB 193                                                              
is  about increasing  the license  bond  amounts for  contractors.                                                              
It  is  not  about  limiting  competition,  but  is  about  making                                                              
competition  fair.  He  offered his  belief that  this bill  is an                                                              
important and  critical part of  Alaska consumer  protection laws.                                                              
When  a  contractor  works  for  a client  or  when  a  contractor                                                              
purchases materials  for a project, the best way  for an aggrieved                                                              
person  to recover  is to  go after  the licensed  bond.   Another                                                              
alternative is  to put a  lien on the  property and when  a vendor                                                              
must  put  a lien  on  property,  it often  involves  an  innocent                                                              
property owner.   He reiterated that the licensed  bond offers the                                                              
best  protection since  it  is directed  at  a person  who is  not                                                              
paying  the  bills.   He  said he  was  amazed  at the  number  of                                                              
vendors, equipment  rental companies, and material  suppliers that                                                              
have called  in expressing  strong support for  this bill.   These                                                              
vendors  believe it  is  an important  part  of  their ability  to                                                              
extend credit to people in the construction industry.                                                                           
                                                                                                                                
9:31:40 AM                                                                                                                    
                                                                                                                                
CHAIR OLSON  pointed out that  the committee has  distributed zero                                                              
fiscal notes  for DCCED  and the Department  of Labor  & Workforce                                                              
Development.                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHENAULT  pointed out on page 2 of  the fiscal note                                                              
from  [Corporations,  Business and  Professional  Licensing]  that                                                              
the  division does  not  anticipate any  fiscal  impact from  this                                                              
legislation.   He read,  "It will  likely increase  the number  of                                                              
licensees,  but  any  additional  workload would  be  absorbed  by                                                              
existing staff."   Additionally,  page 2 of  the DLWD  fiscal note                                                              
reads:  "The  department does not anticipate a  significant fiscal                                                              
impact as  a result  of the changes  associated with  the proposed                                                              
legislation."   He offered his support  for the bill;  however, he                                                              
cautioned that  even though the  two fiscal notes are  zero fiscal                                                              
notes, there  will be  costs associated  with this.   In  fact, he                                                              
wouldn't  be  surprised if  at  some  point the  departments  will                                                              
request additional funding to maintain their ongoing work.                                                                      
                                                                                                                                
9:33:10 AM                                                                                                                    
                                                                                                                                
CHAIR OLSON asked whether they were overstaffed.                                                                                
                                                                                                                                
REPRESENTATIVE CHENAULT  answered that he didn't think  so at this                                                              
time, but he wasn't sure what the impacts of the bill will be.                                                                  
                                                                                                                                
CHAIR  OLSON,  after  first  determining  no one  else  wished  to                                                              
testify, closed public testimony on SB 193.                                                                                     
                                                                                                                                
9:34:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  moved to report  SB 193 out  of committee                                                              
with  individual  recommendations   and  the  accompanying  fiscal                                                              
notes.   There being no  objection, SB  193 was reported  from the                                                              
House Labor and Commerce Standing Committee.                                                                                    

Document Name Date/Time Subjects
SB193 ver N.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Sponsor Statement.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Sectional Analysis.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Fiscal Note-DCCED-CBPL-2-21-14.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Fiscal Note-DLWD-MI-2-28-14.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Supporting Documents-Letter Anch Sand & Gravel Co.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Supporting Documents-Letter Associated General Contractors of Alaska 2-28-2014.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Supporting Documents-Letter Marsh & McLennan 2-27-2014.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Supporting Documents-Letter Brice 2-24-2014.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Supporting Documents-Letter Craig Taylor Equipment Co.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Supporting Documents-Letter Rain Proof Roofing 2-25-2014.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Supporting Documents-Letter NECA 2-24-2014.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Supporting Documents-Letter Roger Hickel Contracting 2-24-2014.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Supporting Documents-Letter Tyler Rental Inc 2-27-2014.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Supporting Documents-Position Paper AIIAB.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Supporting Documents-Position Paper AK Independent Ins Agents & Brokers.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB214 ver P.A.pdf HL&C 4/17/2014 9:00:00 AM
SB 214
SB214 Sponsor Statement.pdf HL&C 4/17/2014 9:00:00 AM
SB 214
SB214 Summary of Changes Ver N to Ver P.pdf HL&C 4/17/2014 9:00:00 AM
SB 214
SB214 Fiscal Note-DCCED-DOI-03-28-14.pdf HL&C 4/17/2014 9:00:00 AM
SB 214
SB193 Fiscal Note-DCCED-CBPL-04-16-14.pdf HL&C 4/17/2014 9:00:00 AM
SB 193
SB193 Fiscal Note-DOLWD-MI-4-17-14.pdf HL&C 4/17/2014 9:00:00 AM
SB 193