Legislature(2003 - 2004)

05/03/2004 09:06 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     HOUSE BILL NO. 464                                                                                                         
     "An Act extending the termination date of the Board of                                                                     
     Certified Real Estate Appraisers."                                                                                         
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Wilken stated  this  bill, sponsored  by  the House  Rules                                                            
Committee  at  the  request  of the  Legislative  Budget  and  Audit                                                            
Committee, "extends  the termination date of the Board  of Certified                                                            
Real Estate Appraisers to 2008."                                                                                                
                                                                                                                                
PAT DAVIDSON,  Division of  Legislative Audit,  testified that  this                                                            
bill is consistent  with the recommendations in the  document titled                                                            
"Board of Certified Real  Estate Appraiser's Sunset Review" [copy on                                                            
file]. The  report did not suggest  either operational or  statutory                                                            
changes.                                                                                                                        
                                                                                                                                
Ms. Davidson  added  that the audit  includes an  assessment  of the                                                            
Board  of   Certified  Real  Estate   Appraisers'  financial   self-                                                            
sufficiency.   The Board had accumulated a deficit  at the end of FY                                                            
02; however,  according to  the sunset review  the Board was  moving                                                            
toward financial self-sufficiency at the end of FY 03.                                                                          
                                                                                                                                
Senator  B.  Stevens  asked  the  Board  of  Certified  Real  Estate                                                            
Appraisers' annual revenues.                                                                                                    
                                                                                                                                
Ms. Davidson  replied that the Board's  annual revenue in  FY 02 was                                                            
$18,676.                                                                                                                        
                                                                                                                                
Senator B.  Stevens understood  that the Board  is funded with  fees                                                            
collected from  licenses issued to real estate appraisers  every two                                                            
years, thus operating on a two-year revenue cycle.                                                                              
                                                                                                                                
Ms. Davidson affirmed.                                                                                                          
                                                                                                                                
Senator B.  Stevens asked the number  of times the termination  date                                                            
of the Board has been extended.                                                                                                 
                                                                                                                                
Ms. Davidson  replied  that this  Board  has not  undergone as  many                                                            
sunset reviews as other  boards because the licensing of real estate                                                            
appraisers  was implemented through  federal legislation  adopted in                                                            
1986: the Financial  Institutions  Reform, Recovery and Enforcement                                                             
Act of  1989. She estimated  this is the  third review conducted  by                                                            
the  Division of  Legislative  Audit  of the  Board  of Real  Estate                                                            
Appraisers.                                                                                                                     
                                                                                                                                
Senator B. Stevens suggested  that the termination date of the Board                                                            
of Real Estate Appraisers could be extended beyond four years.                                                                  
                                                                                                                                
Amendment #1:  This amendment would  extend the termination  date of                                                            
the Board of Real Estate  Appraisers from the proposed July 1, 2008,                                                            
to July 1, 2010.                                                                                                                
                                                                                                                                
Senator B. Stevens moved for adoption.                                                                                          
                                                                                                                                
Ms. Davidson  informed that  the Division  of Legislative Audit  has                                                            
approved an  overall review of the  sunset process. The statutorily                                                             
suggested sunset  extension for boards and commissions  is currently                                                            
four years; however, in  the Division's upcoming audit the four-year                                                            
extension would be reevaluated.                                                                                                 
                                                                                                                                
Co-Chair  Wilken objected to  the adoption  of the amendment  for an                                                            
explanation.                                                                                                                    
                                                                                                                                
Senator  Dyson  commented  on  the  general  intent  of  the  sunset                                                            
provisions  to  allow the  elimination  of  a board  or commission.                                                             
Although  extending the review  date could  hamper this, he  did not                                                            
anticipate  that this Board would  be terminated. He did  not object                                                            
to the amendment.                                                                                                               
                                                                                                                                
HENRY WEBB, Committee  Aide, Legislative Budget and  Audit Committee                                                            
Aide and Staff  to Representative Ralph Samuels, testified  that the                                                            
sponsor  of the  bill  would  not object  to  the adoption  of  this                                                            
amendment.                                                                                                                      
                                                                                                                                
Co-Chair Wilken removed his objection.                                                                                          
                                                                                                                                
The amendment was ADOPTED without objection.                                                                                    
                                                                                                                                
Co-Chair  Green  asked  if  the  Board  of  Certified   Real  Estate                                                            
Appraisers  was   the  board  that  experienced  rate   changes  and                                                            
licensing issues approximately six to seven years ago.                                                                          
                                                                                                                                
Ms. Davidson was  unsure and noted that a review of  the Real Estate                                                            
Commission is due this year.                                                                                                    
                                                                                                                                
Co-Chair  Green asked  if the cause  of the cyclical  nature  of the                                                            
Board of  Real Estate Appraisers'  revenue  balance was a result  of                                                            
operating on a biennial revenue cycle.                                                                                          
                                                                                                                                
Ms.  Davidson  answered yes,  and  explained  that the  real  estate                                                            
appraiser licenses  issued by the  Board are renewed for  a two-year                                                            
period, resulting in cyclical revenues.                                                                                         
                                                                                                                                
Co-Chair  Wilken referred  to the  "Board of  Certified Real  Estate                                                            
Appraisers' Sunset  Review", specifically a letter  written by Edgar                                                            
Blatchford,  Commissioner, Division  of Legislative Audit.  Co-Chair                                                            
Wilken   offered   for  consideration   Commissioner   Blatchford's                                                             
recommendation  to eliminate the Board, but continue  licensing real                                                            
estate appraisers under  the Division of Occupational Licensing. Co-                                                            
Chair Wilken  understood  this option  was discussed  in a House  of                                                            
Representatives'  hearing  of this bill  at which  time real  estate                                                            
appraisers  opposed such  action and  requested  that their  current                                                            
licensing structure  remain in place.  He asked for a qualification                                                             
of this information.                                                                                                            
                                                                                                                                
Ms. Davidson  did not recall the real  estate appraisers'  position.                                                            
She pointed  out  that legislation  extending  termination dates  of                                                            
boards does not affect  licensing functions. She emphasized that the                                                            
existence  of  a  board  typically  ensures   that  regulations  and                                                            
industry awareness are maintained.                                                                                              
                                                                                                                                
Co-Chair Green  offered a motion to report the bill  as amended from                                                            
Committee with  individual recommendations  and accompanying  fiscal                                                            
note.                                                                                                                           
                                                                                                                                
Without objection, CS HB  464 (FIN) MOVED from Committee with fiscal                                                            
note #1  of $28,300 from  the Department  of Community and  Economic                                                            
Development.                                                                                                                    
                                                                                                                                

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