Legislature(2013 - 2014)SENATE FINANCE 532

03/05/2014 05:00 PM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 129 EXTEND BOARD OF REAL ESTATE APPRAISERS TELECONFERENCED
Moved CSSB 129(FIN) Out of Committee
+ SB 161 AUTOPSIES AND DEATH CERTIFICATES TELECONFERENCED
Heard & Held
*+ SB 191 GENERAL OBLIGATION BOND FUND TRANSFER TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 169 STATEWIDE IMMUNIZATION PROGRAM TELECONFERENCED
Moved CSSB 169(FIN) Out of Committee
+= SB 138 GAS PIPELINE; AGDC; OIL & GAS PROD. TAX TELECONFERENCED
Scheduled But Not Heard
Michael Pawlowski Deputy Commissioner, Strategic
Finance, Dept. of Revenue
Presentations:
Deepa Poduval of Black and Veatch Management
Consulting
Janak Mayer and Nikos Tsafos of Enalytica
SENATE BILL NO. 129                                                                                                           
                                                                                                                                
     "An Act extending the termination date of the Board of                                                                     
     Certified Real Estate Appraisers; and providing for an                                                                     
     effective date."                                                                                                           
                                                                                                                                
5:57:02 PM                                                                                                                    
                                                                                                                                
TALLY TEAL, STAFF, SENATOR ANNA  FAIRCLOUGH, stated that the                                                                    
original  version  of  the  bill  was  a  sunset  bill  that                                                                    
extended the  board of certified real-estate  appraisers for                                                                    
another 4  years; however Department of  Commerce, Community                                                                    
and Economic  Development had  approached the  sponsors with                                                                    
additional changes that needed to be  made in order to be in                                                                    
compliance with federal  requirements. The requirements were                                                                    
laid out in  the Dodd-Frank Wall Street  Reform and Consumer                                                                    
Protection  Act  of 2010,  which  amended  Title 11  of  the                                                                    
Financial Institutions Reform,  Recovery and Enforcement Act                                                                    
of 1989. She stated that  Section 1 dealt with the extension                                                                    
of  the   board.  An  audit   completed  in  June   of  2013                                                                    
recommended that the board be  extended until June 2018. The                                                                    
4 year  extension was  half of  the 8  year maximum  and was                                                                    
shortened  because of  the projected  increase in  federally                                                                    
mandated  responsibilities. She  stated  that the  remaining                                                                    
sections were designed to address the federal mandates.                                                                         
                                                                                                                                
5:58:23 PM                                                                                                                    
                                                                                                                                
Co-Chair  Kelly  MOVED  to   ADOPT  the  proposed  committee                                                                    
substitute  for  SB  129,  Work  Draft  28-LS1208/P  (Martin                                                                    
3/5/14) as a working document.  There being NO OBJECTION, it                                                                    
was so ordered.                                                                                                                 
                                                                                                                                
5:58:53 PM                                                                                                                    
                                                                                                                                
Ms. Teal presented a sectional analysis to the bill:                                                                            
                                                                                                                                
     Section  1. Amends  AS 08.03.010(c)(19)  to extend  the                                                                  
     termination date of board by four years.                                                                                   
                                                                                                                                
     Section 2.  Amends AS 08.87.020  by adding  a reference                                                                  
     to  the  Dodd-Frank  Wall Street  Reform  and  Consumer                                                                    
     Protection Act to the powers and duties of the board.                                                                      
                                                                                                                                
     Section 3. Repeals and  reenacts AS 08.87.110(c), which                                                                  
     establishes  a clearer  pathway to  license reciprocity                                                                    
     with other compliant states.                                                                                               
                                                                                                                                
     Section  4.   Amends  AS   08.87.110(e)  by   adding  a                                                                  
     reference  to the  Dodd-Frank  Wall  Street Reform  and                                                                    
     Consumer  Protection Act  to institutional  real estate                                                                    
     appraiser certification requirements.                                                                                      
                                                                                                                                
     Section  5. Adds  a  new  subsection, AS  08.87.110(h),                                                                  
     which  allows   the  board  to   issue  a   general  or                                                                    
     residential  real estate  certificate to  a person  who                                                                    
     does  not meet  the  normal requirements  if the  board                                                                    
     deems them otherwise qualified.                                                                                            
     Section 6.  Amends AS  08.87.300(a) to  lengthen record                                                                  
     retention requirements from three  years to five years,                                                                    
     and to  clarify the requirements for  cases involved in                                                                    
     litigation.                                                                                                                
                                                                                                                                
     Section   7.  Repeals   and   reenacts  AS   08.87.310,                                                                  
     effectively  removing trainee/supervisor  programs from                                                                    
     statute  and  allowing  the   board  to  implement  the                                                                    
     programs through regulations.                                                                                              
                                                                                                                                
     Section  8.   Amends  AS   12.62.400(a)  to   give  the                                                                  
     Department of  Public Safety the authority  to complete                                                                    
     background  checks   on  applicants  for   real  estate                                                                    
     appraiser certification.                                                                                                   
                                                                                                                                
     Section 9.  Repeals AS 08.87.300(b), which  is rendered                                                                  
     unnecessary  by the  changes made  to record  retention                                                                    
     requirements in section 6 of this bill.                                                                                    
                                                                                                                                
     Section 10. Amends  the uncodified law of  the State of                                                                  
     Alaska  by   adding  a  new  section   to  address  the                                                                    
     applicability of  sections 6 and 7,  relating to record                                                                    
     retention requirements,  and sections  2, 5, 8,  and 9,                                                                    
     relating  to  changes  in licensing  and  certification                                                                    
     requirements. More specifically,  it clarifies that the                                                                    
     change  in  record   retention  requirements  apply  to                                                                    
     records created on or after  the effective date of this                                                                    
     Act,   and   that    the   changes   to   certification                                                                    
     requirements apply  to new certifications issued  on or                                                                    
     after  the   effective  date  of   this  Act,   and  to                                                                    
     currently-held certifications when they are renewed.                                                                       
                                                                                                                                
     Section 11.  Provides for  an immediate  effective date                                                                  
     under AS 01.10.070(c).                                                                                                     
                                                                                                                                
6:01:08 PM                                                                                                                    
                                                                                                                                
KRIS  CURTIS,   LEGISLATIVE  AUDITOR,  ALASKA   DIVISION  OF                                                                    
LEGISLATIVE AUDIT,  relayed that the division  had conducted                                                                    
a sunset review  of the board with the  purpose to determine                                                                    
whether  the  board  was serving  the  public  interest  and                                                                    
should be  extended. The division  concluded that  the board                                                                    
was protecting the public  interest by effectively licensing                                                                    
and  regulating real  estate  appraisers.  The division  had                                                                    
recommended a 4 year extension  due to the change in federal                                                                    
law    that     significantly    expanded     the    board's                                                                    
responsibilities. She  stated that  the division did  have 2                                                                    
recommendations,  neither  of  which were  directed  to  the                                                                    
board,  but to  the Division  of Corporations,  Business and                                                                    
Professional  Licensing. The  first recommendation  was that                                                                    
the division should improve  their administrative support to                                                                    
the board, including delays  in investigations. Secondly, it                                                                    
was  recommended  that  the   director  should  improve  the                                                                    
investigative  case management  system. She  noted that  the                                                                    
division  issued recommendations  for  improvements in  case                                                                    
management  systems for  all occupational  board sunsets  in                                                                    
2013.                                                                                                                           
                                                                                                                                
6:03:01 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer CLOSED public testimony.                                                                                         
                                                                                                                                
6:04:06 PM                                                                                                                    
                                                                                                                                
Ms. Marasigan  spoke to the  new Senate Finance  fiscal note                                                                    
attached to the  bill. She noted that the first  page of the                                                                    
note reflected no changes from  the previous note. She noted                                                                    
that the major change to the  note could be found on page 2,                                                                    
which   included  a   summary  of   the  board's   revenues,                                                                    
expenditures  and carry  forward balance.  She deferred  any                                                                    
additional  questions concerning  the fiscal  note to  David                                                                    
Teal, Director, Legislative Finance Division.                                                                                   
                                                                                                                                
6:05:48 PM                                                                                                                    
                                                                                                                                
Co-Chair  Kelly  MOVED  to  REPORT   CSSB  129(FIN)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
6:06:22 PM                                                                                                                    
                                                                                                                                
CSSB  129(FIN) was  REPORTED  out of  committee  with a  "do                                                                    
pass" recommendation and with a  new fiscal impact note from                                                                    
the Senate Finance Committee.                                                                                                   
                                                                                                                                

Document Name Date/Time Subjects
SB 129 Sponsor Statement.pdf SFIN 3/5/2014 5:00:00 PM
SB 129
SB 129 Supp Doc-DCCED BCREA Audit 2013.pdf SFIN 3/5/2014 5:00:00 PM
SB 129
SB191-DOR-TRS-02-28-14.pdf SFIN 3/5/2014 5:00:00 PM
SB 191
sectional analysis sb 191 updated march 3.pdf SFIN 3/5/2014 5:00:00 PM
SB 191
sponsor statement sb 191 updated march 3.pdf SFIN 3/5/2014 5:00:00 PM
SB 191
SB 161 ACOA support.pdf SFIN 3/5/2014 5:00:00 PM
SB 161
SB 161 AFN Support.pdf SFIN 3/5/2014 5:00:00 PM
SB 161
SB 161 BBNC support.pdf SFIN 3/5/2014 5:00:00 PM
SB 161
CS SB 129(FIN) work draft version P.pdf SFIN 3/5/2014 5:00:00 PM
SB 129
CS SB 161(FIN) work draft version N.pdf SFIN 3/5/2014 5:00:00 PM
SB 161
CS SB 169(FIN) work draft version I.pdf SFIN 3/5/2014 5:00:00 PM
SB 169
SB191 Amendment 1 - Senate Finance Committee.pdf SFIN 3/5/2014 5:00:00 PM
SB 191
CS SB 129 New Sponsor Statement.pdf SFIN 3/5/2014 5:00:00 PM
SB 129
CS SB129 New Sectional Analysis.pdf SFIN 3/5/2014 5:00:00 PM
SB 129
SB 129 APR Summary of Changes 2-17-13a.pdf SFIN 3/5/2014 5:00:00 PM
SB 129
SB161CS(FIN)-DHSS-SMEO-03-05-14.pdf SFIN 3/5/2014 5:00:00 PM
SB 161