6385-S AMS HONE MOOR 013

SSB 6385 - S AMD 21

   By    Senator Honeyford

NOT ADOPTED 2/01/2008

   On page 1, beginning on line 4, strike the remainder of the bill and insert the following:

   "NEW SECTION. Sec. 1. The legislature finds there have been distressing examples in Washington state of homeowners experiencing significant financial hardship due to avoidable residential construction defects. To minimize this occurrence, and to provide relief as appropriate, it is the intent of the legislature that a committee be established to comprehensively examine issues concerning residential construction defects. Such examination shall include, but not be limited to, issues regarding residential construction professional licensing, state building code revisions, and statutory remedies for construction or inspection defects.

   NEW SECTION. Sec. 2. (1) A committee is established to:

   (a) Examine license requirements for residential construction professionals, including, but not limited to, whether contractors should be licensed and what education and training requirements should exist;

   (b) Evaluate remedies at law for residential construction defects including, but not limited to, statutory causes of action for negligent construction or building code inspection. Within this evaluation, the committee shall examine the likely impact, if any, such causes of action would have on housing prices, insurance costs for construction professionals, and local governments' liability; and

   (c) Examine the state building code and determine whether the code should be strengthened to protect homeowners.

   (2) The committee consists of the following members who shall be persons with experience and expertise in residential construction law or residential construction:

   (a) A member, who shall be the chair of the committee, jointly appointed by the speaker of the house of representatives and the president of the senate;

   (b) One member from each caucus of the senate, appointed by the president of the senate;

   (c) One member from each caucus of the house of representatives, appointed by the speaker of the house of representatives;

   (d) The president of the state building code council or the president's designee;

   (e) The following seven members, jointly appointed by the speaker of the house of representatives and the president of the senate:

   (i) Two residential builders;

   (ii) One residential remodeler;

   (iii) One third-party private residential building inspector;

   (iv) One local government building inspector;

   (v) A residential construction defect plaintiff's attorney; and

   (vi) A residential construction defect defense attorney.

   (3) By December 1, 2008, the committee shall deliver to the consumer protection and housing committee of the senate and judiciary committee of the house of representatives a report of the findings and conclusions of the committee and any proposed legislation.

   NEW SECTION. Sec. 3. This act expires January 1, 2009."

SSB 6385 - S AMD 21

   By    Senator Honeyford

NOT ADOPTED 2/01/2008

   On page 1, line 1 of the title, after "property", strike the remainder of the title and insert "creating new sections and providing an expiration date."

EFFECT: Replaces the underlying bill with a committee charged to comprehensively examine issues surrounding residential construction defects. The committee shall report its findings and proposed legislation by December 1, 2008.