Legislature(2017 - 2018)SENATE FINANCE 532
04/03/2018 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB302 | |
| HB280 | |
| HB274 | |
| HB278 | |
| HB273 | |
| HB275 | |
| HB279 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 76 | TELECONFERENCED | |
| + | HB 128 | TELECONFERENCED | |
| += | HB 286 | TELECONFERENCED | |
| + | HB 273 | TELECONFERENCED | |
| + | HB 274 | TELECONFERENCED | |
| + | HB 275 | TELECONFERENCED | |
| + | HB 278 | TELECONFERENCED | |
| + | HB 279 | TELECONFERENCED | |
| + | HB 280 | TELECONFERENCED | |
| + | HB 302 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 279
"An Act extending the termination date of the Real
Estate Commission; and providing for an effective
date."
10:57:44 AM
MEGAN HOLLAND, STAFF, REPRESENTATIVE ANDY JOSEPHSON,
discussed HB 279. She stated that the bill would extend the
termination date of the Real Estate Commission. She stated
that the commission oversaw brokers, associate brokers, and
sales licensees. They were responsible for the regulation
of supervisors and licensees, and enforcing their
requirements. The commission currently oversaw
approximately 2500 licensees, and received a full
recommended eight-year extension from Legislative Audit.
KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF
LEGISLATIVE AUDIT, addressed the document "A Sunset Review
of the Department of Commerce, Community, and Economic
Development, Real Estate Commission" (copy on file). She
stated that report conclusions began on page 7. The audit
concluded that the commission was serving the public's
interest by effectively licensing and regulating real
estate licensees and real estate offices. The commission
monitored licensees and worked to ensure that only
qualified individuals practiced. Furthermore, the
commission developed and adopted regulations to improve the
real estate industry and protect the public. The audit
recommended an eight-year extension. She noted that the
audit period was fairly short, at less than two years,
because the prior sunset audit was dated July 2015. The
prior sunset audit identified that the board was not
serving the public's interest, because it had failed to
adopt a Master Errors and Emissions Insurance Policy. The
commission was required by a 2008 law to obtain a master
policy, and make it available to licensees. The statutes
also stated that licensees could obtain an insurance policy
independently through a private firm or through the master
policy provided to them.
11:02:22 AM
Senator von Imhof referenced the surplus on page 12. She
wondered whether the provision of the recovery balance
related to the surplus.
Ms. Curtis wondered whether Senator von Imhof was
referencing exhibit 4.
Senator von Imhof replied in the affirmative.
Ms. Curtis stated that page 15, exhibit 6 showed the
recovery fund balance.
Senator von Imhof asked if exhibit 4 and exhibit 6 were two
separate financial transactions. She wondered how the fees
were collected for exhibit 6.
Ms. Curtis replied that they were part of the charged fee
to the applicant. There was a separate fee established on
exhibit 5.
Co-Chair MacKinnon wanted page numbers.
Ms. Curtis replied that the fee was collected as part of
the licensing process.
Senator Stevens looked at page 17, and queried the
acceptable period of inactivity.
Ms. Curtis believed there was a six-month goal.
Co-Chair MacKinnon asked about how the division measured
the length of extension.
Ms. Curtis stated that there were few courtesy licensees.
She remarked that it was not a material recommendation.
11:06:54 AM
AT EASE
11:07:27 AM
RECONVENED
Co-Chair MacKinnon OPENED public testimony.
TRACI BARICKMAN, CHAIR, REAL ESTATE COMMISSION, PALMER (via
teleconference), testified in support of the bill. She
stated that the commission operated well.
11:08:46 AM
DEBORAH BAROLLINI, SELF, ANCHORAGE (via teleconference),
spoke in opposition to the bill. She asserted that the
commission did not offer the transparency that the public
deserved. She stated that she had a complaint, which was
ignored by the commission.
Co-Chair MacKinnon relayed that the committee was in
receipt of Ms. Barollini's email pertaining to the
difficulties that she had experienced in working with the
commission.
11:13:28 AM
Senator Micciche asked Ms. Barickman about a complaint that
was submitted, asked why the complaint was rejected.
Ms. Barickman stated that the complaint process first went
through the division, where it must be determined that the
REC had jurisdiction. She understood that Ms. Barollini's
complaint was not within the jurisdiction of the
commission, and it had not been received by the commission.
Senator Micciche asked what it would take for a complaint
against a licensee to be within the jurisdiction of a
licensee.
Ms. Barickman stated that in the case of a complaint that
was deemed to be within the jurisdiction of the commission,
the division would open a case. Typically there was a
consent agreement, and the respondent would be notified.
Co-Chair MacKinnon //
Senator Micciche asked Ms. Barickman if there had been
discipline on any realtor. He wondered if the process
worked if there had been issues within the jurisdiction of
the committee.
Mr. Barickman answered in the affirmative. She added that
the commission's quarterly meetings were public, but were
not the appropriate forum for hearing complaints.
11:19:18 AM
Senator Micciche asked Ms. Chambers why Ms. Barollini's
complaint had not reached the commission's jurisdiction.
SARA CHAMBERS, DEPUTY DIRECTOR, DIVISION OF CORPORATIONS,
BUSINESS AND PROFESSIONAL LICENSING, DEPARTMENT OF
COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT, affirmed she
had reviewed the investigative file containing Ms.
Barollini's complaint. The concerns were found not to be
within the jurisdiction of the commission, but rather under
the purview of the Department of Law and the Landlord
Tenant Act. Ms. Barollini was provided with the
information.
Senator Micciche asked if the Landlord Tenant Act covered a
home in a condominium association.
Ms. Chambers deferred to the Department of Law. She also
agreed to provide further information.
Senator Micciche thought it sounded as though the
commission was not allowed the opportunity to act on the
matter. He wanted to reconcile the complaint.
Ms. Chambers was happy to work with the chief investigator
to ensure a thorough review of the case.
Co-Chair MacKinnon believed that Ms. Barollini was
suggesting that if a person was not competent to act in the
other role as a licensure, the board should make an
examination.
11:24:08 AM
ERROL CHAMPION, ALASKA ASSOCIATION OF REALTORS, JUNEAU,
spoke in support of the bill. He appreciated the efforts.
Senator Micciche discussed the fiscal note.
Co-Chair MacKinnon CLOSED public testimony.
HB 279 was HEARD and HELD in committee for further
consideration.
11:27:15 AM
AT EASE
11:27:47 AM
RECONVENED
Co-Chair MacKinnon discussed committee business.