HB 281: "An Act relating to real estate broker licensure; relating to the real estate commission; and providing for an effective date."
00 HOUSE BILL NO. 281 01 "An Act relating to real estate broker licensure; relating to the real estate commission; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.88.091(c) is amended to read: 05 (c) An applicant for licensure under AS 08.88.171(a) or (b) shall [MUST] 06 complete 30 [15] hours of education approved by the commission before the person 07 may be licensed under either of those subsections. 08 * Sec. 2. AS 08.88.171(a) is amended to read: 09 (a) A natural person qualifies for a real estate broker license if the person 10 passes the brokers examination, applies for a license within six months after passing 11 the examination, furnishes satisfactory proof of successful completion of the education 12 requirements of AS 08.88.091, has had at least 48 [24] months of active and 13 continuous experience as a real estate licensee within the 60 [36] months immediately 14 preceding application for the broker license, is not under indictment for or seven years
01 have elapsed since the person has completed a sentence imposed upon conviction of a 02 felony or other crime that, in the judgment of the commission, affects the person's 03 ability to practice as a real estate broker competently and safely or upon conviction of 04 forgery, theft, extortion, conspiracy to defraud creditors, or fraud, and is an owner of a 05 real estate business or employed as a real estate broker by a foreign or domestic 06 corporation, partnership, limited partnership, or limited liability company. Unless the 07 broker fails to satisfy the educational requirements of AS 08.88.095 or renew the 08 license, or the broker's license is suspended or revoked, the broker's license continues 09 in effect as long as the broker's license is active. If the broker stops being an owner of 10 a real estate business or stops being employed as a real estate broker by a foreign or 11 domestic corporation, partnership, limited partnership, or limited liability company, 12 the broker's license is suspended from the time the broker stops until the broker 13 satisfies the educational requirements of AS 08.88.098 and 14 (1) again becomes an owner of a real estate business or is again 15 employed as a real estate broker by a foreign or domestic corporation, partnership, 16 limited partnership, or limited liability company; or 17 (2) is employed by another broker as an associate broker, in which 18 case the real estate broker license shall be returned to the commission by the broker, 19 and the commission shall issue the broker an associate real estate broker license. 20 * Sec. 3. AS 08.88.171(b) is amended to read: 21 (b) A natural person qualifies for an associate real estate broker license if the 22 person passes the brokers examination, applies for the license within six months after 23 passing the examination, submits satisfactory proof of successful completion of the 24 education requirements of AS 08.88.091, has had at least 48 [24] months of active and 25 continuous experience as a real estate licensee within the 60 [36] months immediately 26 preceding application for the license, furnishes satisfactory proof that errors and 27 omissions insurance required under AS 08.88.172 has been obtained, is not under 28 indictment for or seven years have elapsed since the person has completed a sentence 29 imposed upon conviction of a felony or other crime that, in the judgment of the 30 commission, affects the person's ability to practice as an associate real estate broker 31 competently and safely or upon conviction of forgery, theft, extortion, conspiracy to
01 defraud creditors, or fraud, and is employed by a licensed real estate broker as an 02 associate real estate broker. Unless the associate broker fails to satisfy the educational 03 requirements of AS 08.88.095 or renew the license, or the associate broker's license is 04 suspended or revoked, the associate broker's license continues in effect as long as the 05 associate broker is employed by a licensed real estate broker as an associate broker. If 06 the associate broker stops being employed by a licensed real estate broker, the 07 associate broker's license is suspended from the time the associate broker stops until 08 the associate broker satisfies the educational requirements of AS 08.88.098 and 09 (1) again is employed by a real estate broker as an associate broker; or 10 (2) becomes an owner of a real estate business or is employed as a real 11 estate broker by a foreign or domestic corporation, partnership, limited partnership, or 12 limited liability company, in which case the associate broker's license shall be returned 13 to the commission by the associate broker, and the commission shall issue the licensee 14 a broker's license. 15 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. AS 08.88.091(c), as amended by sec. 1 of this Act, and 18 AS 08.88.171(a) and (b), as amended by secs. 2 and 3 of this Act, apply to applications for a 19 real estate broker license under AS 08.88.171(a) or (b) or 08.88.241(b) submitted on or after 20 the effective date of secs. 1 - 3 of this Act. 21 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITIONAL PROVISION: REGULATIONS. The real estate commission may 24 adopt regulations necessary to implement the changes made by this Act. The regulations take 25 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 26 law implemented by the regulation. 27 * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c). 28 * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect January 1, 2017.