Legislature(2015 - 2016)BARNES 124

04/13/2016 03:15 PM LABOR & COMMERCE

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Audio Topic
03:19:38 PM Start
03:20:10 PM Alaska Gasline Development Corporation Board of Directors
03:56:46 PM SB157
04:10:30 PM SB158
04:26:10 PM SB165
05:07:22 PM SB18
05:18:20 PM SB69
05:42:30 PM HJR28
05:55:36 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 4/14/16 at 9:00 a.m. --
+ Review of Confirmation Hearings: TELECONFERENCED
- Marijuana Control Board
- Alaska Gasline Development Corporation
+ SB 157 AMUSEMENT DEVICES & GAMBLING DEFINITION TELECONFERENCED
Moved SB 157 Out of Committee
-- Public Testimony <Time Limit May Be Set> --
+ SB 158 REAL ESTATE COMMISSION;BROKER LICENSING TELECONFERENCED
Heard & Held
-- Public Testimony <Time Limit May Be Set> --
+ SB 126 SMALL SECURITY OFFERINGS TELECONFERENCED
Scheduled but Not Heard
-- Public Testimony <Time Limit May Be Set> --
+ SB 165 ALCOHOL: BOARD;MINORS;MARIJUANA CHECKS TELECONFERENCED
Heard & Held
-- Public Testimony <Time Limit May Be Set> --
+ HJR 28 OPPOSING GM SALMON TELECONFERENCED
Moved CSHJR 28(FSH) Out of Committee
-- Public Testimony <Time Limit May Be Set> --
+ SB 18 HEALTH CARE SHARE MINISTRY NOT INSURANCE TELECONFERENCED
Moved SB 18 Out of Committee
-- Public Testimony <Time Limit May Be Set> --
+ SB 69 BD OF CHIROPRACTIC EXAMINERS; PRACTICE TELECONFERENCED
Moved CSSB 69(FIN) Out of Committee
-- Public Testimony <Time Limit May Be Set> --
+ SB 206 REINSURANCE PROGRAM; HEALTH INS. WAIVERS TELECONFERENCED
<Pending Referral>
-- Public Testimony <Time Limit May Be Set> --
**Streamed live on AKL.tv**
         SB 158-REAL ESTATE COMMISSION;BROKER LICENSING                                                                     
                                                                                                                                
4:10:30 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  next order of business  would be                                                               
SENATE  BILL NO.  158, "An  Act  relating to  real estate  broker                                                               
licensure; relating to the real  estate commission; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
4:10:38 PM                                                                                                                    
                                                                                                                                
WESTON  EILER,   Staff,  Senator   Mia  Costello,   informed  the                                                               
committee SB  158 raises  the requirements  to become  a licensed                                                               
real estate  broker, the highest  level of real  estate licensee.                                                               
The  bill  was  brought  forward   by  the  industry  to  improve                                                               
professional  standards   and  protect  consumers.   Real  estate                                                               
brokers  handle complex  business transactions,  and real  estate                                                               
transactions, and supervise associate  brokers and new licensees.                                                               
Mr. Eiler described the increasing  complexity of the real estate                                                               
industry, and stated  that the bill increases the  length of time                                                               
a broker applicant  must have held a real estate  license from 24                                                               
months  to   48  months,   increases  the   continuing  education                                                               
requirement  from  15 hours  to  30  hours, and  adds  additional                                                               
training  and experience  to help  brokers perform  their duties.                                                               
He paraphrased  from the  following sectional  analysis [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Section   1:   Amends   AS  08.88.091(c)   to   require                                                                    
     individuals complete  30 hours of  continuing education                                                                    
     prior  to being  licensed as  a real  estate broker  or                                                                    
     associate real estate broker rather than 15 hours.                                                                         
                                                                                                                                
     Section   2:   Amends   AS  08.88.171(a)   to   require                                                                    
     applicants  for a  real estate  broker license  have at                                                                    
     least 48  months of active  continuous experience  as a                                                                    
     real estate  licensee within the past  60 months rather                                                                    
     than  24 months  of active  continuous experience  as a                                                                    
     real estate licensee within the past 36 months.                                                                            
                                                                                                                                
     Section   3:   Amends   AS  08.88.171(a)   to   require                                                                    
     applicants for an associate  real estate broker license                                                                    
     have   at  least   48  months   of  active   continuous                                                                    
     experience as  a real estate  licensee within  the past                                                                    
     60 months  rather than 24  months of  active continuous                                                                    
     experience as  a real estate  licensee within  the past                                                                    
     36 months.                                                                                                                 
                                                                                                                                
     Section 4:  Addresses applicability for the  changes to                                                                    
     be effective January 1, 2017.                                                                                              
                                                                                                                                
     Section 5: Permits the real  estate commission to adopt                                                                    
     regulations prior to January  1, 2017 that would become                                                                    
     effective January 1, 2017.                                                                                                 
                                                                                                                                
     Sections 6-7: Effective dates.                                                                                             
                                                                                                                                
4:15:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked for the stance  of those opposing                                                               
the bill.                                                                                                                       
                                                                                                                                
MR. EILER said the sponsor  has received questions related to the                                                               
timeline from one broker applicant.                                                                                             
                                                                                                                                
REPRESENTATIVE  JOSEPHSON directed  attention  to  page 2,  lines                                                               
[26-27], which read:                                                                                                            
                                                                                                                                
     preceding  application   for  the   license,  furnishes                                                                    
     satisfactory proof that  errors and omissions insurance                                                                    
     required under  AS 08.88.172 has been  obtained, is not                                                                    
     under                                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  asked   whether  the  requirement  for                                                               
errors and omissions insurance is a reasonable request.                                                                         
                                                                                                                                
MR. EILER pointed  out that that language is  in existing statute                                                               
and is not amended by the bill.                                                                                                 
                                                                                                                                
REPRESENTATIVE JOSEPHSON, at  the request of the  chair, held his                                                               
question.                                                                                                                       
                                                                                                                                
REPRESENTATIVE LEDOUX  advised that  she has received  letters in                                                               
opposition to the bill.                                                                                                         
                                                                                                                                
MR.  EILER  stated  that  the sponsor  has  received  letters  of                                                               
support from  the Alaska Association  of Realtors and  the Alaska                                                               
Real Estate Commission.                                                                                                         
                                                                                                                                
4:18:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES   moved  to   adopt  the   proposed  House                                                               
committee  substitute  (HCS)  for SB  158,  Version  29-LS1303\H,                                                               
Bruce, 4/5/16, as the working document.                                                                                         
                                                                                                                                
4:18:52 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON objected for discussion purposes.                                                                                   
                                                                                                                                
4:18:59 PM                                                                                                                    
                                                                                                                                
KONRAD JACKSON,  Staff, Representative  Kurt Olson,  informed the                                                               
committee  the proposed  House committee  substitute (HCS)  makes                                                               
two changes.   On page 3, line  16 of the bill,  the proposed HCS                                                               
adds a  new section  that repeals AS  08.88.172(e), which  is the                                                               
subsection that voids the requirement  that a real estate broker,                                                               
associate real  estate broker, and real  estate salesperson shall                                                               
carry and  maintain errors and omissions  insurance under certain                                                               
conditions.   In addition, an  effective date is inserted  in new                                                               
Section  9,  which  makes  the effective  date  of  the  repealer                                                               
1/1/18, and  allows one  currently in the  process of  becoming a                                                               
real estate broker to complete his/her application for license.                                                                 
                                                                                                                                
REPRESENTATIVE COLVER  asked for the  effect of Section 4  of the                                                               
proposed HCS.                                                                                                                   
                                                                                                                                
4:21:19 PM                                                                                                                    
                                                                                                                                
MR.  JACKSON  read  from  current  statutes  AS  08.88.172(e)  as                                                               
follows [in part]:                                                                                                              
                                                                                                                                
     If the commission  is unable to obtain  a master errors                                                                    
     and  omissions  insurance  policy to  insure  licensees                                                                    
     that meets  the terms and conditions  established under                                                                    
     (b)  of  this  section,  the requirement  that  a  real                                                                    
     estate   licensee  carry   and   maintain  errors   and                                                                    
     omissions insurance under AS 08.88.172 is void ....                                                                        
                                                                                                                                
MR. JACKSON advised  that the effect of the proposed  HCS is that                                                               
errors and omissions insurance will be required.                                                                                
                                                                                                                                
4:21:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COLVER  stated his  intent to submit  an amendment                                                               
to  remove the  requirement for  errors and  omissions insurance.                                                               
He  stated it  is not  customary practice  to require  errors and                                                               
omissions  insurance to  get  a license,  and it  is  not in  the                                                               
public interest to require a policy.                                                                                            
                                                                                                                                
CHAIR OLSON  noted that there  has been minimal contact  from the                                                               
industry in this regard.                                                                                                        
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  what  professions  are required  to                                                               
have errors  and omissions  insurance to  obtain licensing.   She                                                               
stated her  understanding that errors and  omissions insurance is                                                               
not required of lawyers or doctors.                                                                                             
                                                                                                                                
REPRESENTATIVE COLVER said he will offer an amendment.                                                                          
                                                                                                                                
4:25:20 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced SB 158 was held over.                                                                                     

Document Name Date/Time Subjects
SB158 ver W.PDF HL&C 4/13/2016 3:15:00 PM
SB 158
SB158 Sponsor Statement.pdf HL&C 4/13/2016 3:15:00 PM
SB 158
SB158 Sectional Analysis.pdf HL&C 4/13/2016 3:15:00 PM
SB 158
SB158 Fiscal Note-DCCED-CBPL-01-29-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 158
SB158 Draft Proposed CS ver H.pdf HL&C 4/13/2016 3:15:00 PM
SB 158
SB158 Supporting Document-Letter-Alaska Association of Realtors-01-26-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 158
SB158 Supporting Document-Letter-Real Estate Commission 01-15-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 158
SB158 Supporting Document-Pre-licensing Ed and Experience Matrix.pdf HL&C 4/13/2016 3:15:00 PM
SB 158
SB158 Supporting Document-Letter- Real Estate Commission 10-27-15.pdf HL&C 4/13/2016 3:15:00 PM
SB 158
SB158 Opposing Document-Letter-Matt Steele.pdf HL&C 4/13/2016 3:15:00 PM
SB 158
SB158 Opposing Document-Letter Amer.for Prosperity 04-05-16.PDF HL&C 4/13/2016 3:15:00 PM
SB 158
SB157 ver W.PDF HL&C 4/13/2016 3:15:00 PM
SB 157
SB157 Sponsor Statement.pdf HL&C 4/13/2016 3:15:00 PM
SB 157
SB157 Fiscal Note-LAW-CRIM-01-29-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 157
SB157 Fiscal Note-DOL-CRIM-01-29-16-.pdf HL&C 4/13/2016 3:15:00 PM
SB 157
SB157 Fiscal Note-DOR-TAX-01-27-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 157
SB157 Supporting Documents-Dimond Mall Floor Plans.PDF HL&C 4/13/2016 3:15:00 PM
SB 157
SB157 Supporting Documents-Dimond Mall Renderings.PDF HL&C 4/13/2016 3:15:00 PM
SB 157
SB157 Supporting Documents-Letter-Alaska Chamber 03-02-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 157
SB157 Supporting Documents-Dave & Buster's Renderings.PDF HL&C 4/13/2016 3:15:00 PM
SB 157
SB165(JUD) ver H.A.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Sponsor Statement.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Sectional Analysis.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Fiscal Note-DHHS-PS-3-18-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Fiscal Note-DCCED-AMCO-03-18-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Fiscal Note-ACS-TRC-3-28-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Supporting Documents-Letter Mat-Su Health Foundation 2-10-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Supporting Documents-Letter Providence Advocacy 2-16-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Supporting Documents-Letter Co-Chairs Steering Committee 3-25-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Supporting Documents-Letter Rasmuson Foundation 2-22-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Supporting Documents-Letter Recover Alaska 2-10-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Supporting Documents-Letter Seward Prevention Coalition 3-8-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Supporting Documents-Letter Stephanie Presley 3-25-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Supporting Documents-1 page summary 2-1-2016.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Supporting Documents-Letter Alaska Children's Trust 2-25-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Supporting Documents-Committee Presentation.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Supporting Documents-Letter Alaska Wellness Coalition 2-10-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Supporting Documents-Letter CHARR 4-8-16.PDF HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Summary of Changes ver A to ver H.A.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB69 ver S.PDF HL&C 4/13/2016 3:15:00 PM
SB 69
SB69 Sponsor Statement.pdf HL&C 4/13/2016 3:15:00 PM
SB 69
SB69 Sectional Analysis.pdf HL&C 4/13/2016 3:15:00 PM
SB 69
SB69 Fiscal Note-DCCED-CBPL-04-06-16.pdf HL&C 4/13/2016 3:15:00 PM
SB 69
SB69 Summary of Changes ver A to ver S.pdf HL&C 4/13/2016 3:15:00 PM
SB 69
SB69 Supporting Documents-Letter Logan University 10-31-2014.pdf HL&C 4/13/2016 3:15:00 PM
SB 69
SB69 Supporting Documents-Letter-UWS 1-20-2015.pdf HL&C 4/13/2016 3:15:00 PM
SB 69
SB69 Supporting Documents-Letter Palmer College 1-22-2015.pdf HL&C 4/13/2016 3:15:00 PM
SB 69
SB69 Supporting Documents-Letter Dr. Walter Campbell.pdf HL&C 4/13/2016 3:15:00 PM
SB 69
SB18 Ver H.PDF HL&C 4/13/2016 3:15:00 PM
SB 18
SB18 Sponsor Statement.pdf HL&C 4/13/2016 3:15:00 PM
SB 18
SB18 Fiscal Note-DCCED-DOI-02-13-15.PDF HL&C 4/13/2016 3:15:00 PM
SB 18
SB18 Fiscal Note-DCCED-DOI-02-18-16.PDF HL&C 4/13/2016 3:15:00 PM
SB 18
SB18 Supporting Documents-Article-Catholic Anchor Feb 2015 .pdf HL&C 4/13/2016 3:15:00 PM
SB 18
SB18 Supporting Documents-HCSM Summary.pdf HL&C 4/13/2016 3:15:00 PM
SB 18
SB18 Supporting Documents-ACA Exemption.pdf HL&C 4/13/2016 3:15:00 PM
SB 18
HJR28 ver H.PDF HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Sponsor Statement.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Fiscal Note-SESS-02-03-16.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Summary of Changes ver A to ver H.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Supporting Documents-Letter Denny Kay Weathers.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Supporting Documents-Letter Petersburg Vessel Owner's Association 2-3-2016.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Supporting Documents-Letter Southeast Alaska Fishermen's Alliance 2-4-2016.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Supporting Documents-Letter United Fishermen of Alaska 2-3-2016.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Supporting Documents-Letter United Southeast Alaska Gillnetters 2-2-2016.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Supporting Documents-Opinion Juneau Empire 12-16-2016.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Suppporting Documents-Article conservationmagazine.org 5-28-13.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Supporting Documents-Article Alaska Dispatch News Article 11-19-2015.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Supporting Documents-Article New York Times 11-19-2015.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Supporting Documents-Background Representative Tarr 4-13-2015.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Opposing Documents-Letter AquaBounty Technology 2-3-2016.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
HJR28 Opposing Documents-Letter Information Technology and Innovation Foundation 2-4-2016.pdf HL&C 4/13/2016 3:15:00 PM
HJR 28
SB165 Summary of Changes ver H.A to HCS CSSB165 ver E.pdf HL&C 4/13/2016 3:15:00 PM
SB 165
SB165 Draft Proposed CS ver E.pdf HL&C 4/13/2016 3:15:00 PM
SB 165