Legislature(2005 - 2006)

05/05/2005 04:55 PM Senate FIN


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* first hearing in first committee of referral
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     CS FOR HOUSE BILL NO. 169(FIN)                                                                                             
     "An Act  relating to the educational  requirements for  certain                                                            
     real estate  brokers, associate brokers, and  salespersons with                                                            
     new or  suspended licenses; relating  to review of real  estate                                                            
     transactions  by attorneys  or associate  brokers; relating  to                                                            
     the  requirements  for  a real  estate  broker license  and  an                                                            
     associate  real estate  broker  license; and  providing for  an                                                            
     effective date."                                                                                                           
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
HEATHER NOBREGA, Staff  to Norm Rokeberg, the bill's sponsor, stated                                                            
that   this  bill   would  require   newly  licensed   real   estate                                                            
professionals  to undergo 20 hours  of practical education  courses,                                                            
as determined  by  the Alaska  Real  Estate Commission,  during  the                                                            
first year  after they receive  their license.  The bill would  also                                                            
allow  a real  estate  broker to  retain  an attorney  or  associate                                                            
broker to assist  in reviewing each  real estate transaction  before                                                            
the transaction closed,  as reflected in Sec. 12 page seven lines 25                                                            
through  28. This  would  assist  larger  brokerage firms  with  the                                                            
onerous "duty" of having to review each file before it closes.                                                                  
                                                                                                                                
5:46:56 PM                                                                                                                    
                                                                                                                                
Co-Chair  Green understood  that in  that case,  the primary  broker                                                            
would still be responsible.                                                                                                     
                                                                                                                                
Ms. Nobrega affirmed.                                                                                                           
                                                                                                                                
Senator  Olson  asked regarding  the  current  continuing  education                                                            
requirements.                                                                                                                   
                                                                                                                                
Ms.  Nobrega  responded   that  the  current  continuing   education                                                            
requirement  is 20  hours every  two years.  That requirement  would                                                            
continue unaffected. The  20 hours of practical education that newly                                                            
licensed real  estate professionals must undergo during  their first                                                            
year of practice  would involve such things as contract  writing and                                                            
client interaction. Currently,  the broker assists with teaching the                                                            
everyday practices. There  is no established education guideline for                                                            
new realtors,  and each firm differs in its actions  in this regard.                                                            
                                                                                                                                
PEGGY  ANN  MCCONNOCHIE,   Representative,  Alaska  Association   of                                                            
Realtors, explained that  a person endeavoring to receive their real                                                            
estate license  must undergo  20 hours  of prescribed pre-licensing                                                             
education. After receiving  the license, the individual must take 20                                                            
hours  of specified  education courses  and an  additional 12  hours                                                            
chosen from  a list of course options  developed by the Commission.                                                             
                                                                                                                                
Ms. McConnochie  noted  that 18  other states  have adopted  similar                                                            
post-licensing  legislation, boosted  by the concern that  the newly                                                            
licensed realtors should  "have actual practical education as to how                                                            
to  do the  job they  are  supposed  to do".  The states  that  have                                                            
implemented  the  post-licensing   regulations  have  experienced  a                                                            
dramatic  reduction in  public complaints  caused  by the  realtor's                                                            
lack of  experience. The  industry has determined  that this  action                                                            
would improve  the industry overall. The new regulations  would also                                                            
require that an  associate broker who upgrades to  a broker take the                                                            
20  hours of  practical  education  during  their  first  year as  a                                                            
broker.                                                                                                                         
                                                                                                                                
Senator Olson  ascertained therefore  that the real estate  industry                                                            
is supportive of the legislation,  even though taking the additional                                                            
courses would incur an expense.                                                                                                 
                                                                                                                                
Ms. McConnochie  affirmed the industry's  support of the  additional                                                            
education requirement.                                                                                                          
                                                                                                                                
Co-Chair  Green asked for  confirmation that  Legislators would  not                                                            
receive complaints from those affected by the legislation.                                                                      
                                                                                                                                
Ms.  McConnochie shared  that  95-percent  of the  respondents to  a                                                            
survey of both  long and short-term  realtors that was conducted  by                                                            
the Alaska  Association of Realtors  "wholeheartedly" supported  the                                                            
bill.  The   other  five   percent  indicated   acceptance   of  the                                                            
requirement.  She  shared   that  while  she,  a  broker,  had  been                                                            
initially   concerned  about  having   to  provide  the   additional                                                            
education to  new licensees she is  now convinced of its  merit. "No                                                            
phone calls will come your way."                                                                                                
                                                                                                                                
Co-Chair Green  asked regarding the  schedule of the post-licensing                                                             
requirement,  specifically  if  it would  typically  occur over  two                                                            
weekends.                                                                                                                       
                                                                                                                                
Ms. McConnochie  responded that the  schedule would be dependent  on                                                            
the  needs specific  to  the licensee  or  an area  as  well as  the                                                            
instructor.    The training  could  be  delivered  in a  variety  of                                                            
formats,  including via the  Internet, in order  to insure  that new                                                            
licensees  had access  to the required  courses.  The courses  would                                                            
require a minimum  of three days.  That time could be stretched  out                                                            
over several weeks.                                                                                                             
                                                                                                                                
5:51:59 PM                                                                                                                    
                                                                                                                                
Senator Stedman  understood therefore that individuals  would not be                                                            
required to travel to a central location such as Anchorage.                                                                     
                                                                                                                                
Ms. McConnochie  stated that  that is "correct";  there would  be no                                                            
desire "to  burden people with the  cost of a plane trip".  The only                                                            
requirement is that the  education be received. The courses would be                                                            
available throughout the  State. She informed that in her role as an                                                            
educator  she has  conducted training  by  correspondence.  "Quality                                                            
education would  transpire no matter where the licensee  practices."                                                            
                                                                                                                                
Senator  Stedman  asked  for  further  information  as  to  how  the                                                            
distance delivery would be accomplished.                                                                                        
                                                                                                                                
Ms. McConnochie expressed  that there would be a variety of delivery                                                            
systems,  including "face  to face" or  correspondence courses.  The                                                            
licensee could choose the method they preferred.                                                                                
                                                                                                                                
Senator  Stedman  understood  that  each real  estate  office  would                                                            
continue  to  be  limited  to  having  one  broker.   Therefore,  he                                                            
understood  that  other  brokers  in that  office  would  be  deemed                                                            
associate brokers.                                                                                                              
                                                                                                                                
Ms. McConnochie  affirmed. She noted that while there  could only be                                                            
one broker, there  could be any number of associate  brokers. Rather                                                            
than setting  up their  own real  estate office,  these individuals                                                             
have chosen to associate  with another broker. The allowance of only                                                            
one broker  would assure that there  was one person responsible  for                                                            
the proceedings at that particular office.                                                                                      
                                                                                                                                
5:53:56 PM                                                                                                                    
                                                                                                                                
Senator Stedman  opined that there is a difference  between 20 hours                                                            
conducted  in  a  classroom  setting  and  20  hours  conducted  via                                                            
correspondence.                                                                                                                 
                                                                                                                                
Ms. McConnochie  understood Senator  Stedman's position because,  in                                                            
her role  as an educator,  she has conducted  both face-to-face  and                                                            
correspondence  formatted courses. The Real Estate  Commission would                                                            
be  responsible   for  developing,  reviewing,  and   approving  the                                                            
courses. As she  also serves as chair of the Commission's  education                                                            
subcommittee,  she  shared  that  the  subcommittee   is  developing                                                            
"matrixes for the Real  Estate Commission" that would enable them to                                                            
determine  what  hands-on  material  should  be  addressed  in,  for                                                            
example, a Contracts  class. This effort would assist  in developing                                                            
a program  that would meet  the spirit and  purpose of the  statutes                                                            
and regulations.                                                                                                                
                                                                                                                                
5:55:25 PM                                                                                                                    
                                                                                                                                
Senator  Stedman noted  that  there are  national  firms that  could                                                            
provide continuing  education correspondence  courses for  a variety                                                            
of professions.  Those  firms utilize  computerized  test forms.  He                                                            
asked  whether   such  firms  would  be  utilized   or  whether  the                                                            
Commission would develop its own program.                                                                                       
                                                                                                                                
Ms. McConnochie  stated that the Commission would  be developing its                                                            
own program.  Individuals could not  enroll with a national  company                                                            
to meet the 20-hour  requirement, as the goal would  be to develop a                                                            
program  specific to  the needs of,  for instance,  the real  estate                                                            
market  in  Juneau.  National  courses   would  not  address  issues                                                            
associated  with the various parts  of the State. For instance,  the                                                            
Juneau  course  would address  such  local  issues as  avalanche  or                                                            
hazard  zones,  and  a course  in  Fairbanks  would  address  issues                                                            
related  with  ice  conditions.  In general,  continuing   education                                                            
courses  would "assume"  that one  would already  possess the  basic                                                            
knowledge of the  field. Therefore, the effort would  be "to improve                                                            
upon those  skills" and provide a  "better class" of realtors.  This                                                            
would further protect the public.                                                                                               
                                                                                                                                
Senator  Stedman  asked  for  further  clarification  regarding  the                                                            
frequency  of the  20-hour  requirement proposed  in  this bill.  In                                                            
addition,  he  asked whether  the  requirement  would  apply to  all                                                            
licensed realtors.                                                                                                              
                                                                                                                                
5:58:06 PM                                                                                                                    
                                                                                                                                
Ms. McConnochie  clarified that all licensed realtors  must take 20-                                                            
hours  of  continuing  education   courses  every  two  years.  This                                                            
legislation would  specifically require that, within  the first year                                                            
of a new  realtor acquiring  his or her license,  they must  take an                                                            
additional one-time only  20-hour post-licensing practical education                                                            
course. This would also  be a requirement were a licensed realtor to                                                            
upgrade to an associate  broker position or were an associate broker                                                            
to upgrade  to a  broker position.  The industry's  belief is  "that                                                            
everything  changes" and  it is  the industry's  "responsibility  to                                                            
keep up on new information"  in order for provide quality service to                                                            
clients.                                                                                                                        
                                                                                                                                
Senator Stedman asked for  confirmation that all brokers, regardless                                                            
of  how  long  they   had  their  broker's  license,   must  undergo                                                            
continuing education courses every two years.                                                                                   
                                                                                                                                
Ms.  McConnochie  affirmed  that there  were  "no  exclusions".  All                                                            
licensed  realtors,  associate  brokers, and  brokers  must take  20                                                            
hours of continuing education courses every two years.                                                                          
                                                                                                                                
Senator Olson asked regarding the cost of the course.                                                                           
                                                                                                                                
Ms. McConnochie  responded  that the  cost could  not be  determined                                                            
until the program  was developed.  "A variety of different  types of                                                            
courses"  would  be anticipated.   Major brokerage  firms  in  large                                                            
communities  such as Anchorage  and Fairbanks  would likely  provide                                                            
"in-house post licensing  education". How much or whether they would                                                            
charge their  agents is an unknown.  The price would depend  on what                                                            
the market  would bear, and what the  licensees would be  willing to                                                            
pay. The bill  would allow the Commission  to have until  January 1,                                                            
2006 to develop the program. This time would be sufficient.                                                                     
                                                                                                                                
6:00:34 PM                                                                                                                    
                                                                                                                                
Senator Hoffman  ascertained that the 20-hour course  would not be a                                                            
pass/fail type of program.                                                                                                      
                                                                                                                                
6:00:49 PM                                                                                                                    
                                                                                                                                
Ms. McConnochie  responded that the  State's Real Estate  Commission                                                            
currently  requires that  an individual must  pass a correspondence                                                             
course with at  least a 75 percent or better test  grade; testing in                                                            
a  face-to-face   course  is  determined  by  the  instructor.   The                                                            
Commission's  education subcommittee  would  be recommending  to the                                                            
Commission  that,  in order  to pass  the  practical post-licensing                                                             
course, the individual  must demonstrate the ability to complete the                                                            
work taught.                                                                                                                    
                                                                                                                                
Co-Chair  Wilken  moved  to  report the  bill  from  Committee  with                                                            
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There  being  no  objection,  CS  HB  169(FIN)   was  REPORTED  from                                                            
Committee  with previous  zero fiscal  note #1 dated  April 6,  2005                                                            
from   the  Department   of   Commerce,   Community   and   Economic                                                            
Development.                                                                                                                    
                                                                                                                                
6:02:01 PM                                                                                                                    
                                                                                                                                

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