Legislature(1997 - 1998)
02/10/1998 01:50 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
February 10, 1998
1:50 P.M.
TAPE HFC 98 - 25, Side 1
TAPE HFC 98 - 25, Side 2
TAPE HFC 98 - 26, Side 1
CALL TO ORDER
Co-Chair Gene Therriault called the House Finance Committee
meeting to order at 1:50 p.m.
PRESENT
Co-Chair Hanley Representative Kelly
Co-Chair Therriault Representative Kohring
Representative Davies Representative Martin
Representative Davis Representative Moses
Representative Foster Representative Mulder
Representative Grussendorf
ALSO PRESENT
Representative Gene Kubina; Representative Norman Rokeberg;
Margaret Pugh, Commissioner, Department of Corrections;
Catherine Reardon, Director, Division of Occupational
Licensing, Department of Commerce and Economic Development;
Larry Spencer, Alaska Real Estate Commission;
The following testified via the teleconference network:
Art Clark, Real Estate Unlimited, Anchorage; Debra Britt,
Anchorage; Shane Osowski, Community Associations Institute,
Anchorage; David Garrison, Anchorage; William Brady, Remax,
Anchorage; John Carman, Anchorage; Clair Ramsey, Real Estate
Commission; Ron Polloch, Jack White Real Estate, Anchorage;
Eric Dyrud, Anchorage Board of Realtors, Anchorage; Bob
Baer, Totem, Anchorage; Ron Johnson, President, Kenai
Peninsula Boar of Realtors.
SUMMARY
HB 33 "An Act relating to real estate licensing and the
real estate surety fund; and providing for an
effective date."
HB 33 was HELD in Committee for further
consideration.
HB 53 "An Act relating to the authority of the
Department of Corrections to contract for
facilities for the confinement and care of
prisoners, and annulling a regulation of the
Department of Corrections that limits the purposes
for which an agreement with a private agency may
be entered into; authorizing an agreement by which
the Department of Corrections may, for the benefit
of the state, enter into one lease of, or similar
agreement to use, space within a correctional
facility that is operated by a private contractor,
and setting conditions on the operation of the
correctional facility affected by the lease or use
agreement; and giving notice of and approving a
lease-purchase agreement or similar use-purchase
agreement for the design, construction, and
operation of a correctional facility, and setting
conditions and limitations on the facility's
design, construction, and operation."
HB 53 was HELD in Committee for further
consideration.
HOUSE BILL NO. 53
"An Act relating to the authority of the Department of
Corrections to contract for facilities for the
confinement and care of prisoners, and annulling a
regulation of the Department of Corrections that limits
the purposes for which an agreement with a private
agency may be entered into; authorizing an agreement by
which the Department of Corrections may, for the
benefit of the state, enter into one lease of, or
similar agreement to use, space within a correctional
facility that is operated by a private contractor, and
setting conditions on the operation of the correctional
facility affected by the lease or use agreement; and
giving notice of and approving a lease-purchase
agreement or similar use-purchase agreement for the
design, construction, and operation of a correctional
facility, and setting conditions and limitations on the
facility's design, construction, and operation."
MARGARET PUGH, COMMISSIONER, DEPARTMENT OF CORRECTIONS
provided members with a handout titled, What is the Problem?
(Copy on file). She observed that there are 3,239 inmates
in Alaskan correctional facilities. The emergency capacity
of the Department of Corrections is 2,691 inmates. The
Department is over capacity by 548 inmates. The state of
Alaska has been ordered by the Court to find a way to reduce
its prison population to 2,691 by May 1, 1998.
Commissioner Pugh reviewed the handout:
What Is the Problem?
* Alaska's prison's and jails are severely overcrowded;
* There is no space for new criminals;
* Projections show system will grow by 200 prisoners each
year;
* The State is under Court Order to decrease
overcrowding;
* The State is being assessed fines for overcrowding; and
* No legislative action has been taken.
What Has Been Done?
* In 1995, the Department sent over 200 prisoners out of
State;
* In 1996, "Protecting the People" was introduced by the
Criminal Justice Cabinet;
The Governor introduced the G.O. Bond bill to implement
"Protecting the People";
Legislation to build a private prison in Anchorage was
discussed ; and
An initiative was placed on the ballot to block the
building of a private prison in Anchorage.
* In 1997, the Criminal Justice Cabinet offered to work
with the Legislature;
The Legislature discussed issues and introduced a
variety of bills, but no legislation passed; and
A ballot measure passed effectively blocking
construction of a prison in South Anchorage.
* In 1998, the Governor introduced a bill for Phase I of
a statewide expansion.
What must we do right away?
Givens:
* To do "nothing" is unacceptable;
* The Governor will not commute sentences; and
* The State needs to move over 500 prisoners by May 1.
Options:
* We can use more CRC beds for low risk offenders;
* We can send more dangerous prisoners out-of-state; and
* We can place non-dangerous misdemeanants in tents or
other temporary structures on prison grounds surrounded
by a secure fence.
What are our long-term choices?
* The legislature can review, amend, and adopt the
Governor's statewide expansion plan (HB 368, SB 267).
* The legislature can expand Spring Creek, replace Sixth
Avenue Jail, expand the state prison at Palmer, and
build a private prison at Palmer (SB 179).
As proposed, this does not meet DOC principles.
* The legislature can authorize the conversion of Ft.
Greely at Delta Junction into a medium-security prison
for 800 prisoners (HB 53). As proposed, this does not
meet DOC principles.
In response to a question by Co-Chair Hanley, Commissioner
Pugh reviewed the Department of Corrections principles. To
warrant serious consideration, any prison or jail expansion
proposal must be:
- Safe;
- Statewide (comprehensive and meets regional needs);
- Consistent with best correctional practices;
- Involve community participation (government to
government); and
- Cost effective.
Co-Chair Hanley observed that HB 53 does not meet the
Administration's statewide comprehensive concern.
Commissioner Pugh agreed and added that Bethel is the most
chronically overcrowded correctional facility.
Co-Chair Hanley asked the total per diem cost to implement
the Governor's plan, including capital and operating
expenses. He observed that the Palmer facility expansion
would cost $16.5 million dollars for 221 beds. He clarified
that the total per diem amount should include construction
costs amortized over 20 years.
Co-Chair Therriault stressed that the Legislature needs the
Department of Corrections to provide it with numbers.
Commissioner Pugh stated that she would complete the math to
the best ability of the Department. She noted that she has
questions about the cost of implementing HB 53. She
questioned what the $70 dollar a day rate includes. The
Department of Corrections' $100 dollar per diem cost
includes; total operations at an institutional site,
institutional programs, correctional industries,
transportation, inmate health care, building and equipment
depreciation, capital replacements and all administrative
and support costs. The Arizona contract does not include
inmate health care, major medical, transportation or inmate
gratuities. She asked how many years the $70 dollar a day
rate would hold. She questioned what would happen if the
contractor defaults. She asked what is the total price of
converting and operating Fort Greely as a medium security
prison.
In response to a question by Representative Martin,
Commissioner Pugh stated that the prison and jail
populations have out stripped the growth in state
population. Crime is down, but arrests are up. She stated
that "people are not getting out." She quoted a previous
commissioner of the department as saying that the "stopper
is in the bathtub, and the water is on." She added that
either a bigger bathtub has to be built or the facet has to
be turned off. She maintained that the bathtub is over
flowing.
Representative Martin asked if a Fort Greely facility would
ease the problem. Commissioner Pugh stressed that she cares
about what happens to the people of Delta Junction. She
maintained that she would like to work with the Legislature,
but added that she has concerns and questions regarding the
proposal.
Co-Chair Therriault noted that the Cleary moderator stated
that the Governor's plan is not acceptable. He observed
that the Governor's plan has not been established to be the
most cost effective.
Representative Kelly asked if the $70 dollar a day rate
compares with the Department's $100 dollar a day cost. He
questioned if the Delta project would take the pressure off.
Commissioner Pugh acknowledged that the Fort Greely facility
would take pressure off.
Representative Kelly observed that the proposal would
alleviate part of the prison problem without putting an
additional burden on the state's capital appropriations. He
asked Commissioner Pugh's to outline her objections to HB
53.
Commissioner Pugh stated that she does not have a good feel
for the financing package and the total cost of the
legislation. She did not know if the total cost of the
facility and operations could be covered at $70 dollars a
day.
Representative Kelly asked if she would be supportive if the
cost of the facility and operations could be covered for $70
dollars a day. Commissioner Pugh felt that $70 dollars a
day would be low if all the factors were taken into account.
She acknowledge that her level of comfort would be increased
if it can be demonstrated that $70 dollars a day would cover
all the costs.
Commissioner Pugh provided members with a facility count in
response to questions from Co-Chair Hanley during a previous
meeting (copy on file).
Co-Chair Hanley clarified that his request was in response
to the insinuation that there would not be enough medium
security prisoners to fill 800 beds. He noted that the
handout does not show security levels. Commissioner Pugh
clarified that most prisoners do fall in the medium custody
level. Co-Chair Hanley noted that projections show that the
state correctional facilities would be over capacity by
1,300 prisoners. Commissioner Pugh noted that the State
paid for the full cost of halfway houses even when they were
not full. Contracts with halfway houses are now on a per
diem basis. Prisoners at Palmer, Wildwood and in Arizona
are medium security inmates.
Representative Davies asked what kind of health care
facilities are in Delta Junction, who would be called in
case of a riot and are there additional costs for fire
safety.
Commissioner Pugh noted that standards established by the
American Corrections Association state that a prison should
be located no farther than 50 miles from a major city of
10,000. This standard was established to assure proximity
to emergency services. She stressed that the problems
regarding HB 53 are not insurmountable. She noted that
issues such as response to fires or riots would need to be
addressed. Transportation in case of an emergency is also
an issue. She noted that prisoners could be screened for
medical concerns. She observed that there is a good runway
at Fort Greely, but added that it is more expensive to
airlift a person. Representative Davies asked Commissioner
Pugh to attach a cost to these issues. She stressed that it
will be difficult to get a true "apples to apples cost."
In response to a question by Representative Mulder,
Commissioner Pugh noted that the department is working on a
Request for Proposal (RFP) for out-of-state medium security
beds. The Arizona contract expires on June 30, 1998. The
RFP would be for up to 600 beds. Representative Mulder
pointed out that 600 beds are needed today. The Fort Greely
facility would not come on line for a couple of years.
Commissioner Pugh acknowledged that it is a reasonable
expectation that 800 beds will be necessary.
In response to a question by Representative Davis,
Commissioner Pugh clarified that security levels relate to
buildings and custody levels relate to the degree of
supervision. Each inmate has a custody and security level.
There are five custody levels: maximum, closed, medium,
minimum and community. The majority of inmates are in
medium custody.
Representative Davies pointed out that if prisoners for out-
of-state or rural facilities are screened for pre-existing
medical conditions and other needs than prisoners in
facilities near town would require more expensive care.
Co-Chair Therriault pointed out that the Legislature trusts
the Department to write a contract for out-of-state inmates.
He added that the Legislature would trust the Department to
write a contract to implement HB 53 if it is enacted.
Commissioner Pugh clarified that the out-of-state contract
will go out to bid as an RFP. She reiterated that she would
appreciate guidance.
(Tape Change, HFC 98 - 25, Side 2)
MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW
pointed out that many of the prisoners in overcrowded
institutions cannot be moved since they are pretrial
prisoners or serving short sentences. She pointed out that
regional facilities would need to be expanded.
HB 53 was HELD in Committee for further consideration.
HOUSE BILL NO. 33
"An Act relating to real estate licensing and the real
estate surety fund; and providing for an effective
date."
REPRESENTATIVE NORMAN ROKEBERG, SPONSOR, testified in
support of HB 33. He observed that the legislation
represents four years of hard work by members of the real
estate community, the Alaska Real Estate Commission, the
House Labor and Commerce Committee and the sponsor. The
legislation is the result of a task force formed in 1994 by
the Alaska Real Estate Commission to take up the issues of
property management and community association management.
There are no regulations for community association
management in the state of Alaska. He maintained that the
legislation enhances consumer protections. There are 2,200
real estate licenses in the state of Alaska. He referred to
an unlicensed individual that embezzled $57 thousand dollars
from 18 separate community associations in Anchorage. He
observed that the Commission rewrote a significant portion
of the real estate chapter. The Commission is given more
authority to regulate licensees. The legislation also
expands educational opportunities.
Representative Rokeberg noted that he is a commercial real
estate broker, licensed in the state of Alaska. He
emphasized that he has not sold a house in 25 years. Under
current statute, Representative Rokeberg is required to take
at least 8 of the 20 required hours every two years on
selling houses. The legislation creates specialties for
education.
The legislation updates the provisions for when a license is
required, for office locations, branch offices, record
keeping, contracts and signs. Fees are only due when there
is a written existing contract. The Conflict of Interest
declarations are expanded as the result of a 1995
Legislative Budget and Audit Committee audit. It proscribes
prohibited conduct of unlicensed activity by adopting
language promulgated by the Mississippi Real Estate
Commission. This language has been tested in federal
courts. Exceptions are expanded to 20 under AS 161.
Representative Rokeberg observed that Amendment C would add
an additional exception (copy on file). Amendment C would
allow management by a natural person of property for another
person without a fee, other than the reimbursement of
expenses (copy on file). Condominium and townhouse
associations can continue to manage their own activities. A
unit owner resident in an association project has the right
to manage that project for a profit. Only individuals that
manage more than one association would be covered under the
statute.
Representative Rokeberg emphasized that the interests of
real estate practitioners and the public have been balanced
by the legislation. He observed that the legislation has
wide support among real estate groups and the
Administration.
Representative Rokeberg provided members with Amendments A,
B and C (copy on file). He stated that Amendment A contains
language clarifications. He reviewed Amendment A. He noted
that there are three references to deletion of "a mobile
home or." He explained that mobile home dealers were
inadvertently swept into real estate activities. The
amendment clarifies that real estate licensees do not wish
to have exclusive right to manage mobile home parks.
Representative Rokeberg observed that Amendment B
incorporates recommendations by the Alaska Chapter of
Community Associations. Definitions of conduct of
investigation and community association accounts are
clarified. Association fund's may not be commingled with
funds of other associations or the licensee's.
Representative Rokeberg noted that Amendment C was added at
the request of Representative Cowdery. This amendment would
allow a person to have another person manage their property
without a fee.
In response to a question by Co-Chair Hanley, Representative
Rokeberg clarified that the proposed amendments were not
drafted by Alaska Legal Services. Alaska Legal Services did
review the amendments.
Co-Chair Hanley noted that Representative Rokeberg could
legally sell a house. He observed that Representative
Rokeberg would not be required to take refresher classes on
selling a house. He questioned if there is a prohibition on
selling houses if that portion of the education update is
not taken. Representative Rokeberg emphasized that there is
a 20-hour mandate for continuing education. Specialty
classes represent 8 of the 20 hours. He would not have to
take the residential sale portion. Co-Chair Hanley stressed
that education requirements are set to assure that the
statues are understood "across the board". He reiterated
that the legislation allows sell of homes by licensees that
are not required to take that portion of the educational
requirements.
Representative Rokeberg noted that the original legislation
would have created different types of licenses. He observed
that the proposal was controversial among the real estate
community. The legislation represents a consensus position.
Representative Rokeberg noted that the legislation would
grant current community association managers that can
demonstrate that they have performed the function for 24
months a limited community association license. A limited
community association license would restrict their activity
to management of associations only. They would be forbidden
to participate in other types of real estate activities.
Representative Rokeberg noted that the legislation provides
for the expansion of the education requirements for pre-
licensing to include community association management
topics.
Representative Rokeberg asserted that the legislation would
improve real estate education.
Co-Chair Hanley noted that the legislation prevents the
Alaska Real Estate Commission from saying that the 20-hour
requirement cannot be taken in two days.
In response to a question by Representative Martin,
Representative Rokeberg explained that the legislation
allows associations to manage themselves or retain the
services of a resident owner to manage the association for a
profit.
Representative Mulder disclosed that he has a real estate
license.
In response to a question by Representative Mulder,
Representative Rokeberg noted that the Commission cannot
assess civil penalties. The legislation would allow a civil
penalty of up to $5 thousand dollars beyond the amount that
the person benefited. He noted that the activity would have
to be egregious before the Department of Law would
prosecute. The Alaska Real Estate Commission requested the
authority to assess fines. The Commission did not have any
authority over non-licensed activity. Representative Mulder
asked if other boards are allowed to assess fines.
RON JOHNSON, PRESIDENT, KENAI PENINSULA BOARD OF REALTORS
testified on HB 33. He referred to Amendment A. He noted
that "financial institution" would be substituted for
"banks" on page 18, line 4. He questioned if the Federal
Deposit Insurance Corporation (FDIC) covers financial
institutions. If they are not covered by FDIC they would
not be insured funds. He suggested that "sales person" could
be replaced with "real estate services licensee". He
asserted that mobile homes are not a real estate item. He
observed that a restriction on the number of hours that can
be taken in a day would hurt rural areas. He maintained
that the ability of person to retain information is not
affected by the amount hours that they sit in a chair.
Representative Rokeberg noted that "financial institution"
was inserted on the request of the State Bank and Securities
Commission. He stressed that to the best of his knowledge
"real estate services licensee" is used where it can be
used. He observed that there are three types of licenses.
He stressed that the term licensee cannot be used to
distinguish between other types of licenses.
ART CLARK, REAL ESTATE UNLIMITED, ANCHORAGE testified in
support of HB 33. He observed that he also represents the
Alaska Association of Realtors and is on the Board of
Directors for the Community Association Institute. He spoke
in support of the amendments. He spoke against limiting the
number of educational hours that can be taken in a day.
LARRY SPENCER, ALASKA REAL ESTATE COMMISSION explained that
there are seven members on the Commission. There are two
public members, one from each judicial district and two
members at large. Judicial district members are licensees.
Co-Chair Therriault expressed concern that the legislation
would overrule policy set by the Commission. He questioned
why the Commission felt the number of educational hours
should be restricted to 7 per day.
DEBRA BRITT, PIONEER MANAGMENT ANCHORAGE testified in
support of HB 33. She noted that she manages community
associations. She spoke in support of the amendments.
SHANE OSOWSKI, PRESIDENT, COMMUNITY ASSOCIATIONS INSTITUTE,
ANCHORAGE testified in support of HB 33. He observed that
he is an attorney practicing real estate construction law.
He noted that Representative Rokeberg has incorporated his
comments into the bill. He spoke in support of the
amendments.
DAVID GARRISON, ASSOCIATE BROKER, ANCHORAGE testified in
support of HB 33. He questioned the affect of section 30,
page 19.
WILLIAM BRADY, REMAX, ANCHORAGE testified in support of HB
33. He noted that he is also the Chairman of Industry
Issues for the State Association of Realtors. He spoke in
support of the amendments. He clarified that the intent is
to break down educational requirements of licensees who are
practicing in different areas of real estate. He maintained
that it is not fair to a commercial agent or a property
manager to take classes dealing with residential property
sales. The legislation would allow licensees to take the
core hours specific to their area of expertise. He noted
that the Commission is not recommending a limit on hours
that can be taken in a day.
(Tape Change, HFC 98 - 26, Side 1)
JOHN CARMAN, HOME STATE MORTGAGE, ANCHORAGE testified in
support of HB 33. He spoke in support of the provision to
exclude unlicensed parties from receiving fees from real
estate transactions.
CLAIR RAMSEY, REAL ESTATE COMMISSION, ANCHORAGE testified in
support of HB 33 and urged the Committee to pass HB 33
during this legislative session.
RON POLLOCH, JACK WHITE REAL ESTATE, ANCHORAGE testified in
support of HB 33. He observed that the legislation balances
many interests. The legislation clarifies that an
unlicensed person cannot receive a fee. He referred to the
civil penalty provisions. He noted that the Alaska Real
Estate Commission has no jurisdiction against an unlicensed
person performing a licensed activity.
ERIC DYRUD, ANCHORAGE BOARD OF REALTORS, ANCHORAGE testified
in support of HB 33. He urged prompt passage of the
legislation.
BOB BAER, TOTEM, ANCHORAGE testified in support of HB 33.
He is also chairman of Concern Advocates for Real Estate
Services.
Mr. Spencer testified in support of HB 33. He stated that
he is a member at large of the Alaska Real Estate
Commission. He emphasized that the legislation represents
over four years of work. The Alaska Real Estate Commission
has passed a resolution in support of civil penalties for
unlicensed activities. Currently, unlicensed activities are
referred to the Department of Law. He observed that the
Division of Occupational Licensing has limited attorney
time. Only egregious offenses are pursued. The Alaska Real
Estate Commission recognizes the need to restate and
reinterpret current laws restricting fees or commissions to
licensed persons. He emphasized that the legislation
enhances consumer protection by regulating the practice of
professional management of condominium associations.
Co-Chair Therriault asked the position of the Alaska Real
Estate Commission regarding to the number of training hours
that can be taken per day. Mr. Spencer noted that the
Commission has taken actions in the education areas to make
the 20-hour component more effective. The Commission
originally recommended limiting training to seven hours per
day. Marketing courses were eliminated. Computer courses
were eliminated. Credit for people that arrive late was
eliminated. The real estate industry resisted the seven-
hour restriction. The Alaska Real Estate Commission
concluded that they did not have documentation to support
the premise that educational quality would be more effective
with a seven hour per day limit. The Commission also
recognized the difficulty of individuals in rural areas that
have to fly in to take educational classes. The Alaska Real
Estate Commission does not regulate the number of hours per
day.
Representative Rokeberg spoke in support of section 7. He
noted that expansion the 20-hour biannual educational
requirement was discussed.
Co-Chair Therriault noted that section 7 on pages 5 and 6
delineates the specific types of courses that the Commission
must accept.
Representative Rokeberg stated that section 7 balances
competing interests within the industry. He noted that the
Commission has not always recognized courses offered at
national conventions. He noted that the conventions offer
six-day courses with tuition of $1 thousand dollars or more.
He pointed out that these nationally recognized courses lead
to professional designations.
Mr. Spencer reviewed educational requirements. He noted
that the bill conforms to recommendations of the Alaska Real
Estate Commission Task Force.
Representative Rokeberg stated that there is a need to write
regulations into law. He observed the importance of real
estate law.
In response to a question by Representative Grussendorf, Mr.
Spencer noted that property managers do not generally sell
houses. He added that a small number of individuals are
involved in strictly commercial real estate.
Co-Chair Therriault expressed concerns that individuals who
are not required to take continuing education relating to
residential sales may sell a house.
Representative Rokeberg maintained that there are only 5 - 6
uniquely specialized individuals.
Mr. Spencer noted that next year's core courses include
ethics, disclosure and agency contracts.
CATHERINE REARDON, DIRECTOR, DIVISION OF OCCUPATIONAL
LICENSING, DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT
testified in support of HB 33. She maintained that the
legislation provides enhanced consumer protection and fixes
some holes in the statutes.
In response to a question by Representative Mulder, Ms.
Reardon noted that the Board of Architects and Land
Surveyors has a similar statute that permits them to charge
people committing an unlicensed activity. She noted that
the Division has requested similar civil penalty authority.
Money could be collected through garnishment of permanent
fund dividends. She stressed that the civil penalties will
contribute to enforcement of licensing laws.
Representative Mulder noted that the reciprocity section was
deleted. Representative Rokeberg noted that there are no
reciprocity arrangements with other states.
Co-Chair Therriault referred to section 7, subsection (4).
This subsection would mandate that the Commission approve
"courses offered and attended at a national convention for
real estate licenses if the courses were approved for
continuing education credit by the real estate licensing
board of the state in which the convention was held." He
questioned why the state of Alaska should recognize
educational requirements of states that do not recognized
Alaskan real estate licenses.
Representative Rokeberg clarified that the Commission did
not request section 7, subsection (4). Representative Kelly
pointed out that convention courses would focus on the
issues that cross state boundaries.
Co-Chair Therriault questioned why the decision is not left
to the Alaska Real Estate Commission. Representative Kelly
stressed that real estate courses are difficult to find.
Representative Rokeberg asserted that the legislation
expands opportunities for education to better courses.
Representative Davis stated that subsection (4) seems to
give the courses credibility.
In response to a question by Co-Chair Therriault, Ms.
Reardon noted that the Commission currently has subpoena
power.
Ms. Reardon noted that other regulatory agencies issue
fines.
In response to a question by Representative Mulder,
Representative Rokeberg observed that the Endorsement
Concept has been deleted from the legislation.
Representative Davies expressed concern with page 3, line
25. Representative Rokeberg noted that existing law
requires the Commission to publish disciplinary actions
three times. The legislation would allow the Commission to
release the information in their newsletter.
Representative Davies suggested that "must" be changed to
"shall" on page 5, line 31 and a caveat be added stating
that "unless the Commission finds in writing reasons for
disallowing" a course it will be approved.
Representative Davies questioned the deletion of "natural"
on page 6, line 25. Representative Rokeberg spoke in support
of deleting "natural".
In response to a question by Representative Mulder,
Representative Rokeberg noted that section 1, on page 1
clarifies that real estate can mean an interest in a mobile
home. The legislation exempts real estate licensees from
mobile home dealer licensing requirements.
Ms. Reardon noted that there are other problems with
statutes relating to mobile home dealer licensing.
Co-Chair Therriault referred to section 48, page 28. He
noted that section 48 states that the chapter does not apply
to a person who manages a total of four or fewer residential
units for other persons. He interpreted the statute to
state that a person who manages a total of four or fewer
residential units for other persons is exempt from the
Title. He suggested that they could sell a home. He noted
that the person should not be exempted from the provisions
of the Title. The activity should be exempted.
Mr. Reardon added that page 30, line 1 should exempt the
bookkeeper or accounting function not the person.
HB 33 was HELD in Committee for further consideration.
ADJOURNMENT
The meeting adjourned at 4:07 p.m.
House Finance Committee 15 2/10/98
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