CSHB 418(FIN): "An Act extending the termination date of the Real Estate Commission; relating to real estate; relating to home inspectors; relating to real estate licensees; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 418(FIN) 01 "An Act extending the termination date of the Real Estate Commission; relating to real 02 estate; relating to home inspectors; relating to real estate licensees; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.03.010(c)(19) is amended to read: 06 (19) Real Estate Commission (AS 08.88.011) - June 30, 2008 [2004]; 07 * Sec. 2. AS 08.18.022(a) is amended to read: 08 (a) The department shall issue a certificate of registration as a home inspector 09 for new homes, existing homes, or both, as appropriate, to an individual who 10 (1) passes the appropriate home inspection examination; for purposes 11 of this paragraph, the appropriate home inspection examination for an individual who 12 applies to be registered for inspection of 13 (A) existing homes is the examination offered by the American 14 Society of Home Inspectors, [AMERICAN HOME INSPECTORS
01 TRAINING INSTITUTE,] or National Association of Home Inspectors; 02 (B) new homes or for a joint registration is the examination 03 offered by the International Code Council; 04 (2) meets the educational and experience requirements adopted by the 05 department in regulations for the type of registration applied for; 06 (3) submits a complete application for registration either 07 (A) within one year after passing the examination required 08 under (1) of this subsection; or 09 (B) accompanied by documentation that the applicant has 10 completed continuing education requirements established by the 11 department; 12 (4) within the seven years preceding the date of application, has not 13 been under a sentence for an offense related to forgery, theft in the first or second 14 degree, extortion, or defrauding creditors or for a felony involving dishonesty; 15 (5) has not had the authority to perform home inspections revoked in 16 this state or in another jurisdiction; 17 (6) is not the subject of an unresolved criminal complaint or 18 unresolved disciplinary action before a regulatory authority in this state or in another 19 jurisdiction related to real estate or home inspection matters; and 20 (7) pays the appropriate fees. 21 * Sec. 3. AS 08.18.101 is amended by adding a new subsection to read: 22 (b) Proof of insurance coverage for an applicant under (a) of this section may 23 be satisfied by providing evidence that the applicant is covered by a policy in effect 24 for the applicant's employer at least to the extent required under (a) of this section. 25 * Sec. 4. AS 08.88.251 is amended by adding new subsections to read: 26 (d) A licensee may, subject to the approval of the commission, renew an 27 inactive license for 24 months from the anniversary date of the issuance of the initial 28 inactive license certificate under (a) of this section. 29 (e) An active license that has been converted from inactive status under (c) of 30 this section shall be issued for the remainder of the current 24-month period of the 31 inactive license.
01 * Sec. 5. AS 08.88.291 is amended by adding new subsections to read: 02 (b) Each licensee under this chapter is responsible for ensuring that the 03 commission has current contact information for the licensee for two years after the 04 lapse, expiration, surrender, suspension, or revocation of the license. 05 (c) In addition to the information provided under (a) of this section, a licensee 06 shall provide the commission with a current mailing address and, if active, the address 07 of the broker employing the licensee. 08 (d) The commission shall mail all notices pertaining to a license or surety fund 09 action taken under this chapter or a regulation adopted under this chapter to the current 10 address or addresses of a licensee obtained under this section. Proof of notice 11 provided under this subsection satisfies due process notice requirements. 12 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 The uncodified law of the State of Alaska enacted in sec. 44(a), ch. 134, SLA 2003, is 15 amended to read: 16 (a) Notwithstanding AS 08.18.022, added by sec. 7 of this Act, the Department of 17 Community and Economic Development shall issue a certificate of joint registration that is 18 valid until January 1, 2006, to an individual who submits to the department satisfactory 19 evidence of being in the business of home inspection in the state at the time of application for 20 registration under this subsection and of having 21 (1) been in the business of home inspection in the state on October 1, 2002; 22 and 23 (2) passed the building inspector examination, [OR] property maintenance and 24 housing inspector examination, or the residential combination examination given by the 25 International Code Council. 26 * Sec. 7. The uncodified law of the State of Alaska enacted in sec. 44(c), ch. 134, SLA 27 2003, is amended to read: 28 (c) Notwithstanding AS 08.18.022, added by sec. 7 of this Act, the Department of 29 Community and Economic Development shall issue a certificate of registration to practice 30 home inspection of new construction that is valid until January 1, 2006, to an individual who 31 submits to the department satisfactory evidence of being in the business of home inspection in
01 the state at the time of application for registration under this subsection and of having passed 02 the combination inspector examination, [OR] the combination dwelling inspector 03 examination, or the residential combination examination given by the International Code 04 Council. 05 * Sec. 8. The uncodified law of the State of Alaska enacted in sec. 44(f), ch. 134, SLA 06 2003, is amended to read: 07 (f) A [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, A] certificate of 08 registration as a home inspector or associate home inspector issued under this section is 09 considered to be a certificate of registration as a home inspector or associate home inspector 10 issued under AS 08.18.022, added by sec. 7 of this Act. 11 * Sec. 9. The uncodified law of the State of Alaska as enacted in sec. 44, ch. 134, SLA 12 2003, is amended by adding new subsections to read: 13 (h) Notwithstanding provisions of this section that provide that a certificate issued 14 under this section is valid until January 1, 2006, a certificate issued under this section is not 15 valid for more than two years from the date of issuance unless the certificate holder has 16 provided evidence to the Department of Community and Economic Development that the 17 certificate holder has completed continuing education requirements established by the 18 department. The department may require a person who must show completion of continuing 19 education under this subsection to meet the same continuing education requirements that 20 would be applicable to license renewal under AS 08.18.031(c). 21 (i) The fee for a license issued under this section is $200. The department shall adopt 22 regulations for the collection of this fee. 23 * Sec. 10. Section 44(e), ch. 134, SLA 2003, is repealed. 24 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).