Senate Bill 6385 - Concerning real property. The Senate passed SSB 6385 to the House, by a vote of 27 to 20. This bill reiterates the duty that a contractor or builder has to exercise reasonable care in the construction or improvement of residential real estate. As part of that duty there is a limited implied warranty of habitability for construction or improvements. Traditionally, warranties are offered by either contractors or a third party that would allow a homeowner to recover for damages and defects in accordance with the warranty, but would waive a homeowner's right to recover damages under the implied warranty of habitability. This bill provides an additional remedy to homeowner's to recover for defects or damages through the limited implied warranty of habitability, which may not be waived, independent of any other warranty.

Sen. Joe McDermott voted Yes.

Senate Bill 6381 - Establishing fiduciary duties for mortgage brokers. By a vote of 29 to 19 the Senate passed SB 6831. The relationship between a mortgage broker and borrower is governed by the Mortgage Brokers Practices Act. Under the Act, fiduciary responsibilities, or rules for a relationship, of a broker to a borrower are provided solely by contract or statute. SB 6831 provides statutory requirements that expand the fiduciary duties of mortgage brokers to borrowers, include: acting in the borrower's best interest, putting the borrower's interests above all others, refusing to accept undisclosed compensation for an expense paid by the borrower, following the borrower's instructions, disclosure of all material facts that could impact the borrower's interests, using reasonable care, and providing an accounting to the borrower for all money and property received from the borrower. SB 6831 is now in the House for further consideration.

Sen. Joe McDermott voted Yes.

Senate Bill 6452 - Requiring disclosures of yield spread premiums. Sib 6452 would require disclosure from a mortgage broker to a borrower regarding the distribution or breakdown of loan fees, discounts, or points between a mortgage broker and any lender or investor that utilizes Yield Spread Premiums, which refers to a direct cash payment by a lender to a mortgage broker that is based on the difference between the interest rate at which the broker originates the loan and the market rate at which the lender would otherwise have extended the loan to the borrower. These additional disclosures must include amortization schedules on the good faith estimate and closing documents. The act also requires that the Yield Spread Premiums or equivalent be refunded to the borrower if the amount is greater than the amount on the good faith estimate. SSB 6452 passed the Senate by a vote of 31 to 17 and is now in the House for consideration.

Sen. Joe McDermott voted Yes.

House Bill 3053 - Regulating auto glass repair. SHB 3053 passed the House by a vote of 66 to 31. SHB 3053 provides updates concerning the role of an insurer or their third-party administrator in providing a referral for auto glass repair. Under this act, an insurer or third-party administrator must verbally ask a person making a claim if they have already chosen an auto glass repair facility. If a person has selected an auto glass repair facility than the insurer or third-party administrator may not make any recommendations. In addition, an insurer may recommend an auto glass repair facility to a person that has not already selected a repair facility, but the insurer or third-party administrator are required to disclose any interest in any auto glass repair facility and provide a list of other glass repair facilities in the area. SHB 3053 is now in the Senate for consideration.

Reps. Eileen Cody and Sharon Nelson both voted Yes.

Senate Bill 6794 - Requiring new ferries that carry no more than one hundred vehicles. Sib 6794 directs the Department of Transportation to build one or more new ferries that would carry no more than one hundred vehicles. This directive provides replacements to the electric class vessels that were pulled from service in late 2007, but provides no specific appropriation for funding or limits on the number of vessels that the Department is required to build. This act would also require the replacement vessels to be built in the State of Washington. SSB 6794 passed the Senate by a vote of 40 to 8.

Sen. Joe McDermott voted Yes.

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