Legislature(1997 - 1998)

03/17/1997 03:31 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
            HOUSE LABOR AND COMMERCE STANDING COMMITTEE                        
                          March 17, 1997                                       
                             3:31 p.m.                                         
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Norman Rokeberg, Chairman                                      
 Representative John Cowdery, Vice Chairman                                    
 Representative Jerry Sanders                                                  
 Representative Joe Ryan                                                       
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Bill Hudson                                                    
 Representative Tom Brice                                                      
 Representative Gene Kubina                                                    
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 33                                                             
 "An Act relating to real estate licensing and the real estate                 
 surety fund; and providing for an effective date."                            
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 33                                                                  
 SHORT TITLE: REAL ESTATE LICENSING                                            
 SPONSOR(S): REPRESENTATIVE(S) ROKEBERG BY REQUEST                             
                                                                               
 JRN-DATE      JRN-PG                 ACTION                                   
 01/13/97        36    (H)   PREFILE RELEASED 1/3/97                           
 01/13/97        36    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/13/97        36    (H)   LABOR & COMMERCE, FINANCE                         
 03/14/97              (H)   L&C AT 3:15 PM CAPITOL 17                         
 03/14/97              (H)   MINUTE(L&C)                                       
 03/17/97              (H)   L&C AT 3:15 PM CAPITOL 17                         
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 JANET SEITZ, Legislative Assistant                                            
    to Representative Norman Rokeberg                                          
 Alaska State Legislature                                                      
 Capitol Building, Room 24                                                     
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-6547                                                    
 POSITION STATEMENT:  Presented amendments to HB 33.                           
                                                                               
                                                                               
 CATHERINE REARDON, Director                                                   
 Division of Occupational Licensing                                            
 Department of Commerce and Economic Development                               
 P.O. Box 110806                                                               
 Juneau, Alaska  99811-0806                                                    
 Telephone:  (907) 465-2534                                                    
 POSITION STATEMENT:  Explained Amendment 4 and answered                       
                      questions regarding HB 33.                               
                                                                               
 CAROL MEYER, State President                                                  
 Alaska Association of Realtors                                                
 951 Hermon Road                                                               
 Wasilla, Alaska  99654                                                        
 Telephone:  (907) 376-2448                                                    
 POSITION STATEMENT:  Testified regarding HB 33.                               
                                                                               
 RON JOHNSON, Broker and President                                             
 Kenai Board of Realtors                                                       
 610 Attla Way, Number 6                                                       
 Kenai, Alaska  99611                                                          
 Telephone:  (907) 283-4372                                                    
 POSITION STATEMENT:  Testified regarding HB 33.                               
                                                                               
 ERIC DYRUD                                                                    
 Associated Brokers Incorporated                                               
 2509 Eide Street, Number 4                                                    
 Anchorage, Alaska  99503                                                      
 Telephone:  (907) 258-8888                                                    
 POSITION STATEMENT:  Testified regarding HB 33 on behalf of the               
                      Anchorage Board of Realtors' legislative                 
                      committee.                                               
                                                                               
 TERRY YAGER                                                                   
 412 East Pioneer Avenue                                                       
 Homer, Alaska  99603                                                          
 Telephone:  (907) 235-0699                                                    
 POSITION STATEMENT:  Testified regarding HB 33.                               
                                                                               
 STEPHEN VLAHOVICH, Associate Broker                                           
 Associated Brokers Incorporated                                               
 2509 Eide Street, Number 4                                                    
 Anchorage, Alaska  99503                                                      
 Telephone:  (907) 258-8888                                                    
 POSITION STATEMENT:  Testified regarding HB 33.                               
                                                                               
 SCOTT CONNELLY, President                                                     
 Kachemak Board of Realtors                                                    
                                                                               
 331 East Pioneer Avenue                                                       
 Homer, Alaska  99603                                                          
 Telephone:  (907) 235-6183                                                    
 POSITION STATEMENT:  Testified regarding HB 33.                               
                                                                               
 BILL McNALL, Attorney at Law                                                  
 McNall and Associates, PC                                                     
 921 West 6th Avenue, Suite 100                                                
 Anchorage, Alaska  99501                                                      
 Telephone:  (907) 276-2571                                                    
 POSITION STATEMENT:  Testified in support of HB 33.                           
                                                                               
 CHRIS STEPHENS, President                                                     
 Bond, Stephens and Johnson                                                    
 3000 A Street, Suite 200                                                      
 Anchorage, Alaska  99503                                                      
 Telephone:  (907) 563-7733                                                    
 POSITION STATEMENT:  Testified regarding HB 33.                               
                                                                               
 KRISTAN TANNER, Broker Associate                                              
 RE/MAX of Wasilla                                                             
 1590 East Financial Drive, Suite 200                                          
 Wasilla, Alaska  99654-8237                                                   
 Telephone:  (907) 376-4515                                                    
 POSITION STATEMENT:  Testified regarding HB 33.                               
                                                                               
 GRAYCE OAKLEY, Executive Administrator                                        
 Real Estate Commission                                                        
 Division of Occupational Licensing                                            
 Department of Commerce and Economic Development                               
 3601 C Street, Suite 722                                                      
 Anchorage, Alaska  99503-5966                                                 
 Telephone:  (907) 269-8197                                                    
 POSITION STATEMENT:  Testified regarding HB 33.                               
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-23, SIDE A                                                            
 Number 0001                                                                   
                                                                               
 CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce                  
 Standing Committee meeting to order at 3:31 p.m.  Members present             
 at the call to order were Representatives Rokeberg, Cowdery,                  
 Sanders and Ryan; there was a quorum.  Representatives Hudson,                
 Brice and Kubina were absent.                                                 
                                                                               
 HB 33 - REAL ESTATE LICENSING                                                 
                                                                               
 Number 0127                                                                   
                                                                               
 CHAIRMAN ROKEBERG announced the committee would hear House Bill No.           
 33, "An Act relating to real estate licensing and the real estate             
 surety fund; and providing for an effective date."  They would                
 consider amendments before hearing public testimony.                          
                                                                               
 CHAIRMAN ROKEBERG declared a potential conflict of interest:  He is           
 a commercial real estate broker licensed under Alaska law.                    
                                                                               
 Number 0249                                                                   
                                                                               
 REPRESENTATIVE JOE RYAN said he also has a real estate salesman's             
 license and therefore has a potential conflict of interest.                   
                                                                               
 Number 0273                                                                   
                                                                               
 CHAIRMAN ROKEBERG announced they would consider Amendment 1, which            
 read (original punctuation and capitalization provided):                      
                                                                               
      Page 7, lines 8 & 9                                                      
           Delete after (1) the current language                               
           Insert following:  courses required to earn professional            
      designations sponsored by National Association of Realtors,              
      Building Owners and Manager Association, or other recognized             
      national organizations;                                                  
                                                                               
      Page 12, lines 9 and 10:                                                 
           Change "limited liability company" to "limited liability            
      company" (drafting)                                                      
                                                                               
      Page 12, line 29                                                         
           Change "limited liability company" to "limited liability            
      company" (drafting)                                                      
                                                                               
      Page 14, line 28, through Page 15, line 2:                               
           Delete entire Section 18 and renumber following sections            
      accordingly                                                              
                                                                               
      Page 15, Line 25:                                                        
           Delete "for less than" before "60"                                  
           After "60 days" insert "or less"                                    
                                                                               
      Page 15, Line 29:                                                        
           After "60" delete "or more"                                         
           Insert before "60", the words "more than"                           
                                                                               
      Page 16, line 23:                                                        
           After "reactivate the license" delete "to"                          
           After "[BECOME]", delete "active status"                            
                                                                               
      Page 19, line 28:                                                        
           After "All" delete "exclusive"                                      
                                                                               
      Page 20, Lines 3 and 4                                                   
           Delete after "OF THE BROKER]", the language "for at least           
      three years,"                                                            
                                                                               
      Page 20, line 7                                                          
           After "provide" insert following:  "upon request to any             
      principal in a transaction"                                              
                                                                               
      Page 22, lines 16-25                                                     
           Delete current section 37.                                          
           Renumber remaining sections accordingly.                            
                                                                               
 Number 0332                                                                   
                                                                               
 CHAIRMAN ROKEBERG said the change relating to page 7 mandates the             
 commission to introduce these particular professional designations,           
 and the courses that revolve around them, into their educational              
 regulations.  Apparently there had been resistance before.  He                
 called on Janet Seitz to explain the remainder of Amendment 1.                
                                                                               
 Number 0409                                                                   
                                                                               
 JANET SEITZ, Legislative Assistant to Representative Norman                   
 Rokeberg, said the portions relating to page 12 correct drafting              
 errors; specifically, the addition of "limited liability company"             
 had not been in bold type or underlined.  The change beginning on             
 page 14, line 28, would leave the current language in the statute,            
 allowing the commission to adopt by regulations a system for                  
 reevaluation of an exam that an applicant had failed.                         
                                                                               
 Number 0454                                                                   
                                                                               
 REPRESENTATIVE RYAN asked for confirmation that they were                     
 addressing version LS-0197\B.                                                 
                                                                               
 CHAIRMAN ROKEBERG confirmed that.                                             
                                                                               
 REPRESENTATIVE RYAN said he didn't find the changes on page 12.               
                                                                               
 MS. SEITZ apologized and said those were on page 8.                           
                                                                               
 CHAIRMAN ROKEBERG advised members to change the two references to             
 "Page 12" to "Page 8" on Amendment 1.  Those were drafting errors.            
                                                                               
 Number 0575                                                                   
                                                                               
 MS. SEITZ continued with Amendment 1.  Page 15, line 25, currently            
 reads, "for less than 60 days".  The amendment would change it to             
 "60 days or less", making it more clear that a person whose license           
 has lapsed for 60 days or less is eligible for reinstatement by               
 providing the required application, licensing fees and applicable             
 late fees.  Page 15, line 29, changes the current "60 or more" to             
 read "more than 60".  This is for someone whose license has lapsed            
 for more than 60 days but less than 24 months.                                
                                                                               
 MS. SEITZ explained that the amendment on page 16, line 23, clears            
 up cumbersome language that currently reads, "may reactivate the              
 license to active status by applying for"; it changes it to read,             
 "may reactivate the license by applying for the active license and            
 paying the required fees".  On page 19, line 28, the amendment                
 deletes "exclusive" between "All" and "real estate personal                   
 services contracts".  The intent was to cover all contracts, not              
 just exclusive real estate personal services contracts.  On page              
 20, line 4 should begin, "keep a complete record for at least three           
 years".  Therefore, the initial phrase, "for at least three years,"           
 on line 4 would be deleted by the amendment.                                  
                                                                               
 CHAIRMAN ROKEBERG added that it was redundant language.                       
                                                                               
 Number 0700                                                                   
                                                                               
 MS. SEITZ said page 20, line 7, currently reads, "provide an                  
 accounting", but it doesn't say to whom.  With the amendment, it              
 would read, "provide upon request to any principal in a transaction           
 an accounting".                                                               
                                                                               
 Number 0741                                                                   
                                                                               
 CHAIRMAN ROKEBERG discussed deletion of Section 37, beginning on              
 page 22, line 16.  It is part of the issue relating to agency and             
 disclosure of agency, and he finds it cumbersome and impractical.             
 He referred members to page 22, line 24, which says, "disclosure              
 and receipt of the form must be acknowledged in writing by the                
 prospective client or customer".  He stated, "In other words,                 
 before you can even enter into negotiations to represent via a                
 listing agreement and/or a[n] agency agreement as a buyer's broker,           
 you'd have to have a fully notarized, acknowledged agreement that             
 everybody understood the rules of the game as it relates to                   
 agency."                                                                      
                                                                               
 CHAIRMAN ROKEBERG said he believes the existing statute, as                   
 problematic as it is, is still more workable than trying to put               
 into place a situation where a form must be developed by the                  
 commission and everybody must be party to it.  It sets up a whole             
 process change, an addition, in the course of practical business.             
 He pointed out that Section 38, which follows, outlines                       
 responsibilities relating to agency.  With the changes in Section             
 38, he doesn't believe they need to go that extra step and                    
 recommend a change in Section 37; he'd just as soon delete it.                
                                                                               
 Number 0867                                                                   
                                                                               
 REPRESENTATIVE RYAN asked whether there isn't similar language in             
 the listing agreement itself.                                                 
                                                                               
 CHAIRMAN ROKEBERG agreed that many of those agreements now have               
 that.  He emphasized the importance of clarifying, from a consumer-           
 protection standpoint, the agency relationship between the                    
 salesperson and the client.  This opens up a "Pandora's box of                
 agency," which they would revisit shortly.  Unless he heard                   
 compelling arguments to the contrary, he preferred to delete that             
 section, which to him is a further obstacle to business.                      
                                                                               
 Number 0923                                                                   
                                                                               
 REPRESENTATIVE JOHN COWDERY made a motion to adopt Amendment 1.               
 There being no objection, it was so ordered.                                  
                                                                               
 Number 0941                                                                   
                                                                               
 CHAIRMAN ROKEBERG made a motion to adopt Amendment 2, which read:             
                                                                               
      CONCEPTUAL AMENDMENT.                                                    
                                                                               
      Wherever in the bill the language "employed" is used, add "or            
      contracted" after "employed" or change the definition of                 
      "employed" to include employees and independent contractors.             
                                                                               
 CHAIRMAN ROKEBERG explained that this resulted from a communication           
 from a major real estate broker who felt that without this change,            
 it would "diminish the stature in our ongoing battle with the IRS             
 as to the status between independent contractors and employed                 
 people."  Not wanting to give the Internal Revenue Service further            
 ammunition with which to pick on independent contractors, Chairman            
 Rokeberg asked that Amendment 2 be approved and forwarded to the              
 drafter for insertion into the bill on all 37 pages.                          
                                                                               
 CHAIRMAN ROKEBERG asked whether there was any objection to                    
 Amendment 2.  There being none, it was adopted.                               
                                                                               
 Number 1037                                                                   
                                                                               
 CHAIRMAN ROKEBERG made a motion to adopt Amendment 3, which read:             
                                                                               
      CONCEPTUAL AMENDMENT:                                                    
                                                                               
      Add commercial broker endorsement.                                       
                                                                               
      Commercial broker license includes all activities under sales            
      or property management.                                                  
                                                                               
      Commercial broker education requirements:  to be decided by              
      Commission as with other endorsement educational requirements.           
                                                                               
      Limit all other sales transactions accomplished by real estate           
      services licensee to sales transactions of $500,000 or less              
      unless the transaction involves a residential dwelling.                  
                                                                               
 Number 1049                                                                   
                                                                               
 CHAIRMAN ROKEBERG brought to members' attention a letter in the               
 packets from Kristan Tanner of RE/MAX of Wasilla, who had testified           
 the previous Friday.  She was on the task force, and the letter               
 explained that the task force hadn't taken up a commercial                    
 endorsement because they'd felt it wasn't within the scope of their           
 charge.  Chairman Rokeberg said he'd had communications with a                
 number of people, and he believed Mr. Stephens had also testified             
 about this the previous Friday.                                               
                                                                               
 CHAIRMAN ROKEBERG said based on that, to bring this to a discussion           
 level, he was offering this conceptual amendment to create an                 
 endorsement for commercial brokers, associate brokers and sales               
 practitioners under the new bill; to include all activities under             
 sales and property management presently; to require that the                  
 educational requirements be set by the commission, as all the other           
 endorsement provisions are now; and to define a commercial broker's           
 endorsement at a sales transaction level of $500,000 or less,                 
 unless it involves a residential dwelling.                                    
                                                                               
 Number 1129                                                                   
                                                                               
 CHAIRMAN ROKEBERG specified he is asking that this be drafted to              
 allow a property management endorsee to be able to still rent and             
 lease property of value over $500,000.  This also allows the                  
 commercial broker to do the leasing or renting; under the bill as             
 first written, a commercial lease broker would need both a sales              
 endorsement and a property management endorsement to operate.  This           
 way, only a commercial endorsement is needed.                                 
                                                                               
 CHAIRMAN ROKEBERG stated, "So, the intention here is to clarify the           
 fact that there is a commercial brokerage area with different                 
 educational requirements and classes to be offered, which is the              
 testimony we heard on Friday, as well as setting up a level that              
 they can operate somewhat differently, in terms of education and so           
 forth, and ... also minimize the requirement that that practitioner           
 is going to get multiple endorsements, unless they wanted to do               
 that.  I think this will simplify that."                                      
                                                                               
 CHAIRMAN ROKEBERG emphasized that this is a conceptual amendment.             
 He expressed interest in hearing testimony about whether $500,000             
 is an adequate break-point to define what a commercial broker or              
 practitioner is.                                                              
                                                                               
 Number 1249                                                                   
                                                                               
 REPRESENTATIVE RYAN noted that they had adopted Amendment 1,                  
 recognizing national organizations.  He suggested tying that into             
 the education requirements, rather than having the commission set             
 requirements.  If educational programs were recognized by the                 
 organizations and the commission, it seemed that the commission               
 would say that someone who completed a specific course would be               
 qualified for that aspect.                                                    
                                                                               
 REPRESENTATIVE RYAN indicated they may need some small additional             
 requirement "because we do things so differently here in Alaska               
 than the rest of the country does."  However, he believes the basis           
 of the education should reflect what the national organizations               
 have found through years of existence and dealing with this                   
 problem.  It would also help Alaska remain more uniform for people            
 who want reciprocity to do work elsewhere.                                    
                                                                               
 Number 1306                                                                   
                                                                               
 CHAIRMAN ROKEBERG said Representative Ryan had eloquently made the            
 chairman's case for why this commercial endorsement is needed, as             
 well as for the relevant portion of Amendment 1; by adding that new           
 subsection on page 7, they were mandating, by the word "must" on              
 line 5, that the regulations for continuing education requirements            
 allow the following types of courses to qualify.                              
                                                                               
 CHAIRMAN ROKEBERG emphasized that although this would allow those             
 designated courses, the hours required and how they fit together              
 would be up to the commission to determine by regulation.  This               
 also recognizes courses from an accredited college or university.             
                                                                               
 Number 1358                                                                   
                                                                               
 REPRESENTATIVE RYAN said his concern is that it doesn't become                
 burdensome financially or too time-consuming.                                 
                                                                               
 CHAIRMAN ROKEBERG indicated they would hear testimony on that.  He            
 understood there would be cross-utilization of hours so that for              
 multiple endorsements, one needn't take everything two or three               
 times.  Chairman Rokeberg pointed out that the educational                    
 requirements on page 7 cover all licensees, not just commercial               
 brokers.  He hoped that would assuage any concerns.                           
                                                                               
 CHAIRMAN ROKEBERG asked whether there was any objection to                    
 conceptual Amendment 3.  There being none, it was adopted.                    
                                                                               
 Number 1420                                                                   
                                                                               
 CHAIRMAN ROKEBERG noted that conceptual Amendment 4 would be                  
 presented by the department.  It read (numbers at left are line               
 numbers on original version):                                                 
                                                                               
      Delete page 5, lines 2-3                                                 
             page 9, lines 5-9                                                 
                                                                               
      Insert:  new sections                                                    
                                                                               
 6    Sec. 08.88.162.  Violations and penalties.  An unlicensed                
      person who performs acts listed in AS 08.88.161 as those for             
      which a license is required, or a person using or attempting             
      to use the license of another, or a person who gives false or            
      forged evidence of any kind to the commission or to a                    
      representative of the commission in obtaining or attempting to           
      obtain a license, or a person who impersonates an applicant,             
      or a person who knowingly uses or attempts to use an expired,            
      suspended, revoked or nonexistent license certificate, or a              
      person who falsely claims to be licensed and authorized to               
      practice under this chapter, or a person who violates any of             
      the provisions of this chapter, is guilty of a misdemeanor,              
      and upon conviction, is punishable by a fine of not more than            
      $10,000, or by imprisonment of not more than one year, or by             
      both.                                                                    
                                                                               
 14   Sec. 08.88.163.  Civil penalty for unlicensed or unauthorized            
      practice.  (a)  In addition to penalties prescribed by any               
      other provision of law, if a person practices or offers to               
      practice real estate as defined in this chapter without being            
      licensed or authorized to practice in accordance with the                
      provisions of this chapter, the commission may enter an order            
      levying a civil penalty.                                                 
                                                                               
 18   (b)  A civil penalty levied under this section may not exceed            
      $5,000, or the amount of gain realized plus $5,000, whichever            
      is greater, for each offense.  In levying a civil penalty, the           
      commission shall set the amount of the penalty imposed under             
      this section after taking into account the seriousness of the            
      violation, the economic benefit resulting from the violation,            
      the history of violations, and any other facts the commission            
      considers relevant.                                                      
                                                                               
 22   (c)  After providing a person written notice of an order                 
      issued under this section, the commission shall grant a 30 day           
      period during which the person may request a hearing on the              
      record.                                                                  
                                                                               
 24   (d)  In connection with proceedings under (a) and (b) of this            
      section, the commission may issue subpoenas to compel the                
      attendance and testimony of witnesses and the disclosure of              
      evidence, and may request the department to bring an action to           
      enforce a subpoena.                                                      
                                                                               
 27   (e)  A person aggrieved by the levy of a civil penalty under             
      this section may file an appeal with the superior court for              
      judicial review of the penalty under AS 44.62.560.                       
                                                                               
 29   (f)  If a person fails to pay a civil penalty within 30 days             
      after entry of an order under (a) of this section, or within             
      10 days after the court enters a final judgement in favor of             
      the commission of an order stayed pending an appeal under (e)            
      of this section, the department may initiate other action to             
      recover the amount of the penalty.                                       
                                                                               
 32   (g)  An action to enforce an order under this section may be             
      combined with an action for an injunction under AS 08.88.037.            
                                                                               
 Number 1444                                                                   
                                                                               
 CATHERINE REARDON, Director, Division of Occupational Licensing,              
 Department of Commerce and Economic Development (DCED), explained             
 that conceptual Amendment 4 was the DCED's hasty response to some             
 issues concerning the civil fining authority in the bill.  She                
 believed Representative Ryan had expressed concerns about this.               
                                                                               
 MS. REARDON informed members that the sheet she'd distributed                 
 contained what she believed was the initial language proposed by              
 the task force.  It is nearly identical to language in AS 08.48.295           
 relating to the State Board of Registration for Architects,                   
 Engineers and Land Surveyors.  It says the Real Estate Commission             
 may charge someone with unlicensed real estate activity; allow that           
 person a hearing to defend himself or herself against the charges;            
 and if the person is found to have practiced illegally, fine the              
 individual.  The right of appeal is to the superior court.                    
                                                                               
 Number 1513                                                                   
                                                                               
 MS. REARDON explained that the only difference in language is in              
 item (c) on line 22 of the conceptual amendment, which says, "after           
 providing a person with written notice of an order, the commission            
 shall grant a 30 day period in which a person may request a                   
 hearing."  In contrast, the architects, engineers and land                    
 surveyors law says, "before issuing a person a written notice" that           
 this opportunity for a hearing occurs.  Ms. Reardon said she would            
 be comfortable with either, although perhaps it would be more                 
 comfortable if the hearing opportunity came before the issuing of             
 the order; that is more in line with the way the department does              
 all of its other disciplinary types of activities.                            
                                                                               
 MS. REARDON stated her belief that this would be an improvement               
 over language in the proposed committee substitute on page 9, line            
 5, and on page 5, line 2, for which it would substitute.  It is               
 also similar to language that passed the House the previous year              
 but didn't make it through the Senate before adjournment.                     
                                                                               
 CHAIRMAN ROKEBERG asked whether that was on the "architects bill."            
                                                                               
 MS. REARDON replied that it was for all division activities.  They            
 had a civil penalties authority bill that made it to the Senate               
 Finance Committee.  By Representative James, it got caught up with            
 an issue of attorneys practicing without licenses.  Nonetheless,              
 Ms. Reardon believed the concept was generally acceptable to the              
 previous year's House.  She asked whether that addressed concerns             
 expressed the previous Friday.                                                
                                                                               
 Number 1613                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked whether Ms. Reardon's conversations with              
 the Department of Law had led to this.                                        
                                                                               
 MS. REARDON said yes.  It is language in statute, as well as                  
 language that they had signed off on in last year's bill that                 
 didn't pass.  She said it seemed comfortable to that department.              
                                                                               
 Number 1620                                                                   
                                                                               
 CHAIRMAN ROKEBERG referred to inquiries made the previous Friday              
 about procedural aspects and responsibilities.                                
                                                                               
 MS. REARDON explained, "The way this would work is similar to when            
 the department charges a license holder with a violation of their             
 license law.  First, there's an investigation.  And if the                    
 department feels like there is sufficient evidence, we show the               
 evidence to the attorney general's office.  If they agree that                
 there's sufficient evidence of a violation of the law to proceed,             
 we file what we call an `accusation.'  It's a charging document               
 saying, `We accuse you of the following.'  And that would be what             
 would occur under ... paragraph (c), if you substituted `before               
 issuing' instead of `after providing.'  We issue this accusation;             
 the person has a hearing, which is given under the Administrative             
 Procedure Act, to defend themselves, to say, `No, I'm not breaking            
 the law.'"                                                                    
                                                                               
 MS. REARDON continued, "The hearing officer issues a finding and a            
 recommendation, and the Real Estate Commission makes the ultimate             
 decision about whether the person is or isn't breaking the law and            
 whether the fine or other penalty that the hearing officer                    
 recommends is warranted.  The commission is not permitted under the           
 Administrative Procedure Act to increase the fine or the penalty              
 over what the hearing officer recommended unless they decide to               
 hear the whole case themselves a second time.  The appeal is not to           
 the very same commission that made the decision; the appeal is to             
 superior court.  That is where all appeals of division disciplinary           
 actions, or board or commission disciplinary actions, take place,             
 under our entire occupational licensing law."  Ms. Reardon noted              
 that license denials are a different issue.                                   
                                                                               
 Number 1721                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked Ms. Reardon to address line 13, "punishable           
 by a fine of not more than $10,000."  He stated his understanding             
 that there are limits in the bill of $5,000.                                  
                                                                               
 MS. REARDON replied that the centralized licensing statute                    
 governing her division contains a fining ability of $5,000 for                
 licensees who violate the law.  This $10,000 threshold would be for           
 unlicensed activity.  She indicated she was checking to see where             
 that came from, then stated, "Personally, I think I would be happy            
 with any amount you were willing to allow."                                   
                                                                               
                                                                               
 Number 1808                                                                   
                                                                               
 CHAIRMAN ROKEBERG announced his intention to address amendments and           
 take public testimony that day, after which they would create a new           
 committee substitute.  An additional public hearing would be held             
 Monday, March 24.  If committee members or the public wished to               
 recommend changes, he would hear them meantime.                               
                                                                               
 Number 1855                                                                   
                                                                               
 MS. REARDON advised members that the $10,000 had come from the                
 architects, engineers and land surveyors model.                               
                                                                               
 CHAIRMAN ROKEBERG stated his understanding that the task force had            
 recommended $5,000.  He said he would amend conceptual Amendment 4            
 to say $5,000, indicating they could later revisit it if they                 
 wanted to.  He specified that was on line 13.                                 
                                                                               
 Number 1882                                                                   
                                                                               
 MS. REARDON stated, "I believe also, as a conforming amendment for            
 this, that on page 24, line 3, Section 29, you may need to delete             
 one of the misdemeanor references there.  In AS 08.88.401(d),                 
 you'll see that it lists another misdemeanor penalty for violations           
 of .161."  She explained that conceptual Amendment 4 already says,            
 "a violation of 08.88.161 is this misdemeanor punishable by a                 
 $5,000 fine now, under your change; so, we'd have two different               
 misdemeanors going to the same violation of .161, unless you get              
 rid of the one on page 24.  But that's ... kind of a `draft                   
 thing.'"                                                                      
                                                                               
 Number 1937                                                                   
                                                                               
 CHAIRMAN ROKEBERG agreed and said they would make sure it fits.               
                                                                               
 Number 1979                                                                   
                                                                               
 REPRESENTATIVE RYAN asked whether there was similar licensing for             
 automobile dealers and their sales people.                                    
                                                                               
 CHAIRMAN ROKEBERG indicated there is a bill addressing that topic.            
                                                                               
 Number 1979                                                                   
                                                                               
 REPRESENTATIVE RYAN said he could see making it this stiff for                
 architects or engineers, because a building's collapse could do               
 physical harm.  However, for misbehavior by someone peddling a                
 piece of property, rather than "whacking them so hard," he'd be               
 interested in forever banning them from that discipline, keeping              
 them from ever getting a license.  He asked the chairman's opinion.           
                                                                               
 CHAIRMAN ROKEBERG deferred to Ms. Reardon.                                    
                                                                               
 Number 2018                                                                   
                                                                               
 MS. REARDON explained that the issue here is unlicensed activity;             
 there are no licenses to take away.  The offense is already a class           
 A misdemeanor.  The problem is that the district attorneys' office            
 has many priorities higher than unlicensed occupational licensing             
 activity.                                                                     
                                                                               
 MS. REARDON stated, "We're saying, `Let's also have the option of             
 just a fine ... by the commission, because since we have laws that            
 say you have to have a license, when you operate without a license,           
 if there's no penalty ever - because the DA's office never really             
 can take those cases - people who do bother to get licenses resent            
 it.  And so, we were looking for a way, keeping it out of the                 
 courts, that we could do some enforcement of unlicensed activity."            
                                                                               
 Number 2065                                                                   
                                                                               
 REPRESENTATIVE RYAN noted Ms. Reardon's indication that she didn't            
 care whether they used "Before" or "After" on line 22 of conceptual           
 Amendment 4.  He said he'd feel more comfortable being a little               
 more proactive, using "Before" rather than "After", which may stop            
 some of this activity without going through the whole procedure.              
                                                                               
 CHAIRMAN ROKEBERG asked whether Representative Ryan was saying they           
 should know more about the circumstances and notify a person who              
 was being accused.                                                            
                                                                               
 Number 2101                                                                   
                                                                               
 REPRESENTATIVE RYAN replied that if the commission has enough                 
 information to issue an order, they could call the offender and               
 tell them.  He stated, "And if the person says, `Well, fine, I'll             
 go away and sin no more,' then we save ourselves a lot of money on            
 all the process we have to go through to issue orders and enforce             
 them.  So, I would be more comfortable with `Before'."                        
                                                                               
 Number 2125                                                                   
                                                                               
 CHAIRMAN ROKEBERG agreed.  He suggested striking "After providing"            
 and inserting "Before issuing" on line 22 of the amendment.                   
                                                                               
 Number 2142                                                                   
                                                                               
 REPRESENTATIVE RYAN moved that as an amendment to conceptual                  
 Amendment 4.                                                                  
                                                                               
 CHAIRMAN ROKEBERG asked whether there was any objection.  There               
 being none, the amendment to conceptual Amendment 4 was adopted.              
                                                                               
 Number 2156                                                                   
                                                                               
 CHAIRMAN ROKEBERG announced he wanted to split the amendment.                 
 Conceptual Amendment 4(A) would be lines 6 through 13.  Conceptual            
 Amendment 4(B) would be lines 14 through 33, as amended.  He wanted           
 to hold off on 4(A) for now and see how it fits with the bill.                
                                                                               
 Number 2192                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked whether there was any objection to adopting           
 conceptual Amendment 4(B), as amended.  There being no objection,             
 it was so ordered.                                                            
                                                                               
 Number 2205                                                                   
                                                                               
 REPRESENTATIVE COWDERY expressed concern about unlicensed people              
 who help others sell or manage properties, including large tracts             
 of acreage, valuable lake-front property, apartment complexes and             
 warehouses.  For example, it could be on behalf of one's mother.              
 In spite of past abuses, he was concerned that the legislature not            
 close the door to people who want to assist in a situation like               
 that, tying those people into violations and penalties.  He                   
 suggested working out another exception addressing such situations.           
                                                                               
 Number 2280                                                                   
                                                                               
 CHAIRMAN ROKEBERG informed listeners that in the committee                    
 substitute to be drafted, the area that mandates errors-and-                  
 omissions (E&O) insurance would be changed to make any mandate for            
 E&O insurance contingent upon the state's and the commission's                
 finding an insurance carrier that will issue a policy for $200 or             
 less a year.  In addition, the commission had indicated they don't            
 want to actually collect those premiums and so forth.  "And we're             
 going to be fixing that," Chairman Rokeberg said.  "And rather than           
 bring it as a conceptual amendment, I'll just inform you."                    
                                                                               
 Number 2316                                                                   
                                                                               
 CHAIRMAN ROKEBERG referred to the "brokerage sign deal."  He said             
 that there had been some miscommunication with the drafter and that           
 the committee would change that.  There were also some problems in            
 terms of the subdivision of out-of-state lands and the ability of             
 an owner to market those under the existing law.  He stated, "Now             
 we've opened up the law.  We're going to take a look at these                 
 things.  And anybody that knows why the subdivided land of an ...             
 owner is restricted out-of-state, they'll let us know."  The final            
 area was one Representative Cowdery had mentioned:  The committee             
 would look at making sure that the public and the commerce of the             
 state are protected as far as restrictions go; that may include               
 looking at the family members of a property owner.                            
                                                                               
 Number 2355                                                                   
                                                                               
                                                                               
 MS. REARDON suggested it may help Representative Cowdery to refer             
 to page 31, line 21, which refers to attorneys in fact, which she             
 believes are people with powers of attorney, being excluded from              
 the licensing requirements if they have fewer than two sales                  
 transactions a year.  "I don't know whether that will take care of            
 a situation like the family situation you're describing or not, but           
 it could possibly," she stated.                                               
                                                                               
 MS. REARDON suggested when thinking about minor clean-up amendments           
 that might be useful from the department's point of view, several             
 places in the bill refer to the commission's ability to assign or             
 designate some of its tasks; it might be helpful if it said they              
 could designate them to the department or to department employees.            
 When it just says "designate or assign," it could be to anyone.               
                                                                               
 Number 2400                                                                   
                                                                               
 CHAIRMAN ROKEBERG replied that he'd looked into that.  He                     
 explained, "We're concerned that because those provisions are in              
 the examination portion of the title, that we need to be able to              
 designate an examining contractor or contractee to be able to do              
 some of those tasks.  So, that's the rationale there."  He                    
 indicated they would look at that further.                                    
                                                                               
 CHAIRMAN ROKEBERG announced that on teleconference were the                   
 Anchorage, Homer, Kenai and Mat-Su Legislative Information Offices            
 (LIOs).  He asked that testimony be limited to three minutes.                 
                                                                               
 Number 2426                                                                   
                                                                               
 CAROL MEYER, State President, Alaska Association of Realtors,                 
 testified via teleconference from the Mat-Su LIO.  Referring to a             
 comment at the previous hearing that indicated her organization had           
 adopted and approved this bill, she stated, "That is not the case             
 as of today.  A legislative committee will be meeting Friday, the             
 21st of March, and we will be going over this with all of the                 
 legislative chairs within all of the boards."  She expressed                  
 appreciation that there would be another hearing March 24.                    
                                                                               
 CHAIRMAN ROKEBERG indicated Ms. Seitz would provide an outline or             
 the new committee substitute for the March 21 meeting.  He asked              
 where that would occur.                                                       
                                                                               
 MS. MEYER said it would be at RE/MAX in Anchorage at 11:30 a.m.               
 She requested that information be provided before that day.                   
                                                                               
 TAPE 97-23, SIDE B                                                            
 Number 0006                                                                   
                                                                               
 CHAIRMAN ROKEBERG requested that anyone wanting a copy provide a              
 fax number.  He asked Ms. Meyer's personal opinion on whether the             
 committee was headed in the right direction with this bill.                   
                                                                               
 MS. MEYER replied that from the looks of it, it is pretty much what           
 they've looked at for the past three years and therefore is "pretty           
 well right on line."  She'd had several calls to her office that              
 morning regarding mandatory E&O insurance.  She noted that someone            
 else would be addressing that.  "That would be the only controversy           
 that I might see coming up; so, we'll just have to work that one              
 out," she concluded.                                                          
                                                                               
 Number 0046                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked whether Ms. Meyer would inquire about the             
 creation of a commercial endorsement at her organization's coming             
 meeting.                                                                      
                                                                               
 MS. MEYER agreed to do so and said she liked the idea.                        
                                                                               
 CHAIRMAN ROKEBERG asked whether Ms. Meyer had any problem with                
 mandating that regulations adopted by the commission include the              
 "professional-designated curriculums" for educational requirements.           
                                                                               
 Number 0067                                                                   
                                                                               
 MS. MEYER responded, "No, I think that is great."  She noted that             
 the National Association of Realtors (NAR) has gone over those                
 guidelines for agents to get those designations.  They are not                
 easy, and there are many hours involved with them, with excellent             
 educators.  Ms. Meyer herself is a "GRI, ... headed for a CRS."               
                                                                               
 MS. MEYER stated, "I don't think we need to duplicate efforts to              
 have the Real Estate Commission also adopt their outlines, when               
 it's already been adopted by NAR and the other designees that are             
 doing it.  So, I really am glad to see this in there, as well as              
 the technology.  There's been problems with the technology,                   
 continued education, before.  As we all know, though, with                    
 technology, our kids know more about how to do this stuff than us.            
 ... I think for us to continue to do the type of business and to be           
 able to service the customer out there, our clients or customers,             
 we must have this information also.  They're the ones that are                
 demanding it of us."                                                          
                                                                               
 Number 0113                                                                   
                                                                               
 CHAIRMAN ROKEBERG said he'd like to get a reading later on the                
 deletion of Section 37, regarding disclosure of agency information.           
                                                                               
 MS. MEYER indicated they would discuss that at Friday's meeting.              
                                                                               
 CHAIRMAN ROKEBERG asked Ms. Meyer to explain the designations she             
 had mentioned.                                                                
                                                                               
 MS. MEYER explained that "GRI" stands for Graduate Residential                
 Institute.  There are three separate weeks of courses covering                
 residential topics as well as some commercial topics and a little             
 property management and investment.  She said "CRS" stands for                
 Certified Residential Specialist; it relates to "residential                  
 specializing as far as selling property for investment sources."              
                                                                               
 Number 0180                                                                   
                                                                               
 RON JOHNSON, Broker and President, Kenai Board of Realtors,                   
 testified via teleconference from Kenai.  A former member of the              
 Real Estate Commission for two full terms, he'd served as chairman            
 for more than two years and had served under three governors.                 
                                                                               
 MR. JOHNSON said AS 08.01.035 outlines the terms of appointment and           
 how the commission is formed, but there is no provision for                   
 removal.  He stated, "In the past two years, a couple of the ...              
 governor changes have caused the Real Estate Commission to be                 
 severely cut, you might say, politically.  And it has created some            
 problems.  I would recommend that the committee look to the                   
 possibility of requiring that the only way you get off once you're            
 appointed is if ... you die or resign or something such as that."             
 In addition, the real estate law requires disclosure of agency but            
 doesn't define what "agency" is; he'd like to see that addressed.             
                                                                               
 Number 0242                                                                   
                                                                               
 MR. JOHNSON asked the committee to consider putting the Real Estate           
 Commission under banking, securities and insurance.  He explained,            
 "Banking, securities and insurance is what we do.  We deal with               
 paper, we deal with money, and we deal with insurances, and the               
 fact that we do have a surety fund that carries quite a bit of                
 money around in it.  I think the Real Estate Commission, because of           
 the sureties fund, has that unique ability that ... would benefit             
 the general public and the licensed industry if they had a                    
 commission that was a little bit more stable.  If the governor was            
 allowed one appointment per year, that would give him four seats on           
 ... the commission by the end of a four-year term, and I think ...            
 the public would be better served."                                           
                                                                               
 Number 0283                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked that Mr. Johnson fax recommendations                  
 regarding removal of real estate commissioners to 465-2040, noting            
 that the committee hadn't addressed that issue.  He expressed hope            
 that the industry would resolve the agency issue that coming summer           
 and that it could be brought back next session, but he acknowledged           
 that may be optimistic.                                                       
                                                                               
 MR. JOHNSON said he believes a single paragraph specifically                  
 outlining what agency is would suffice.  Although there is a legal            
 requirement to disclose to a principal that a person is an agent of           
 the seller or buyer, a limited dual agent, et cetera, a good share            
 of the membership doesn't understand the concept of agency.  He               
 cautioned that although the realtor organization is indeed the                
 leader in offering educational programs, for example, perhaps only            
 50 percent of licensees in the state are members of realtor                   
 organizations.  He wouldn't want to limit the ability of non-                 
 realtor licensees to get the same education, at the same level.               
                                                                               
 CHAIRMAN ROKEBERG requested that Mr. Johnson provide suggestions.             
 He pointed out that there is a statutory reference to, and                    
 acceptance of, the principle of dual agency in this bill.  He drew            
 Mr. Johnson's attention to Sections 37 and 38.                                
                                                                               
 Number 0418                                                                   
                                                                               
 ERIC DYRUD, Associated Brokers Incorporated, testified via                    
 teleconference from Anchorage on behalf of the Anchorage Board of             
 Realtors' legislative committee.  They are pleased they'll be able            
 to review changes at the next hearing.  Mr. Dyrud referred to AS              
 08.88.071 and said one recommendation is suspending the license of            
 a broker convicted of a felony or other acts.  "He could still be             
 a salesman," he stated.  "But if you'll note, there's enacting                
 language in there that says he cannot get a license if he applies             
 for it, if he's convicted of forgery, theft, extortion, conspiracy,           
 et cetera.  But there is nothing in the legislation that says if he           
 is a broker that he's subject to the same limitations."                       
                                                                               
 CHAIRMAN ROKEBERG asked where that is in the bill, version B.                 
                                                                               
 MR. DYRUD said it starts on page 9, line 31, continuing to page 10.           
 They recommend that if someone with a broker's license is convicted           
 of a felony or those similar acts, that license would be revoked.             
 As he understands it, if he were a broker now and convicted of                
 forgery, that would not be grounds to remove his broker's license.            
                                                                               
 CHAIRMAN ROKEBERG said they'd look at that.  He suggested that Mr.            
 Dyrud check with Ms. Oakley and others on the task force for input,           
 then forward suggestions to the committee.  He asked him to provide           
 a fax number, in order to provide a copy of the next committee                
 substitute or inform him where it could be obtained.                          
                                                                               
 MR. DYRUD said the fax is (907) 276-5696.                                     
                                                                               
 Number 0599                                                                   
                                                                               
 TERRY YAGER testified via teleconference from Homer, saying he is             
 a sales person speaking as a licensee.  He and his peers in the               
 industry have concerns regarding the new subsections, insurance               
 regulations, endorsements, and the terminology about service                  
 licensees.  On March 13, a sponsor statement was faxed to his                 
 office.  He and his peers have numerous questions and would like to           
 see a broader sponsor statement as to what direction the committee            
 is ultimately heading with the bill, specifically regarding the               
 service licensee terminology.                                                 
                                                                               
 MR. YAGER said he sees what is possibly a shifting of liability,              
 and the surety fund seems to be a concern with the E&O insurance              
 addition and the endorsement additions.  "We are all, I think, in             
 favor of making our job more professional and certainly protecting            
 the citizens of Alaska, but I think our concern is with protecting            
 us as licensees," he stated.  Again expressing concern about the              
 general direction this is going, he asked, "Is it going to go into            
 something long-term, like the state of Colorado, for example?"                
                                                                               
 CHAIRMAN ROKEBERG said he appreciates some of those concerns.  They           
 would take their time with the bill to ensure that everyone                   
 affected had the opportunity to look it over and react to it.  He             
 suggested that those wanting a copy of the committee substitute               
 could fax a request or obtain a copy from their local LIO office.             
                                                                               
 Number 0848                                                                   
                                                                               
 STEPHEN VLAHOVICH, Associate Broker, Associated Brokers                       
 Incorporated, testified via teleconference from Anchorage, saying             
 he'd received the bill that day.  His initial response to                     
 conceptual Amendment 3:  "I think it stinks."  He finds it to be an           
 insult to professionalism.  He has 20 years' business experience              
 and has been involved in many transactions in excess of $500,000;             
 he believes that he is qualified.  These commercial brokers                   
 endorsements would have to be held by the agent involved in the               
 transaction, as well as the broker.  To him, this "looks like                 
 restraining trade or kind of shutting the door behind you once                
 you're in."  He asked whether property management firms hold                  
 brokers licenses at this time.                                                
                                                                               
 An unidentified speaker on teleconference said yes.                           
                                                                               
 MR. VLAHOVICH asked, "Okay, so you would have to have a broker's              
 license to be on the commission.  And now we've changed the                   
 language to read just `licensee,' which means any sales person                
 could serve on the commission?"                                               
                                                                               
 Number 0946                                                                   
                                                                               
 CHAIRMAN ROKEBERG explained, "It's just a language situation.                 
 Brokers, associate brokers and sales people, if you will, the                 
 practitioners, ... they're the service licensees now, because of              
 the different endorsements.  So, all those designations that we are           
 traditionally used to still remain in the law; it's just that ...             
 they're a slight change in terminology."  He said a service                   
 licensee would have to have an endorsement in their specialty.                
                                                                               
 MR. VLAHOVICH asked whether that person would have to be a broker.            
                                                                               
 CHAIRMAN ROKEBERG said no.  He stated, "It's like a salesman now.             
 You'd just be a service licensee then.  It's the same thing."  He             
 encouraged Mr. Vlahovich to notify them of any further concerns.              
                                                                               
 Number 1001                                                                   
                                                                               
 SCOTT CONNELLY, President, Kachemak Board of Realtors, testified              
 via teleconference from Homer, saying some of his questions and               
 concerns had already been voiced.  He expressed curiosity as to why           
 "real estate services practitioner" is repeatedly being inserted.             
 In addition, he sees the term "personal services contract"                    
 replacing the term "listing."  This lingo harks back to the Real              
 Estate Commission's task force, and he felt that some of their                
 recommendations had been slipped in, to one degree or another here.           
                                                                               
 MR. CONNELLY stated, "Whether that's good, bad or indifferent I               
 don't want to get into today.  But it brings up some questions if             
 we're not generating listings anymore, we're generating personal              
 services contracts, as a sort of a second avenue to an agency                 
 relationship with a seller."  He said later sections about agency             
 disclosure need more definition and seem to mix terminology.  If he           
 had a personal services contract with the seller, how could he                
 possibly be a dual agent if he wasn't actually an agent of the                
 seller?  He needed a little more definition along those lines.                
                                                                               
 MR. CONNELLY read from the first paragraph of the sponsor statement           
 sent on March 13th:  "Licensure of property managers and community            
 association managers is needed".  He understood that property                 
 managers are already required to be licensed, although there may be           
 a need for a tighter rein to avoid abuse.  He also isn't happy with           
 the concept of mandatory E&O insurance, although he believes a                
 person would be foolish not to have it, if it is affordable.                  
                                                                               
 MR. CONNELLY agreed with Ron Johnson that passing legislation that            
 requires membership in a national organization is probably a                  
 mistake.  He explained, "NAR offers excellent courses.  They're               
 probably not a bad benchmark to look to for the commercial                    
 designations.  However, there's a lot of people that are not                  
 members of NAR that may not have access to those courses.  And what           
 if NAR ... changes their courses in the future to be in conflict              
 with the legislation, and all of a sudden, we're in the position of           
 having to respond to a private organization in our legislation?"              
                                                                               
 Number 1174                                                                   
                                                                               
 CHAIRMAN ROKEBERG responded to Mr. Connelly's concerns.  The term             
 "practitioner" was previously "sales person", "salesman" or "sales            
 agent".  Now there are property managers and community association            
 managers, who are not sales people.  That is the only reason for              
 that nomenclature change.                                                     
                                                                               
 CHAIRMAN ROKEBERG referred to the suggestion that the term                    
 "personal services contract" sounds like the agency task force.               
 When he'd first read the bill, he'd had the same opinion.  However,           
 it was pointed out that "personal service contract" already exists            
 in the statute; this basically is where listing or a sales                    
 agreements are.  There are various contracts entered into between             
 practitioners and the public that are personal service contracts,             
 not strict listings.  In the prior statute, the word "listing" was            
 used a number of times.  But because they are expanding the scope             
 to include property managers and community association managers,              
 the term "listing" would not be inclusive enough for those                    
 contractual agreements.  He assured Mr. Connelly that the use of              
 "personal service contract" has absolutely nothing to do with an              
 existing task force considering agency right now.                             
                                                                               
 Number 1266                                                                   
                                                                               
 CHAIRMAN ROKEBERG stated, "And you're right that property managers            
 are now required to be licensed.  However, community association              
 managers are not.  And if you picked up on the conceptual amendment           
 I made about deleting the mandated E&O insurance for anybody, only            
 if it was readily available, as contemplated by the commission, and           
 available ... to the practitioners of the state for under $200 per            
 annum, would it even be made available; and at that time, it would            
 be mandated.  The only reason it's mandated is the commission                 
 believes, and I agree with them, that to obtain a very low premium            
 for everybody, we'd have to bring everybody on board.  In other               
 words, you have to have an economy of scale to get a low premium.             
 So, I agree with you:  I would not support any mandating of it                
 unless there was an extremely low premium that's approved by the              
 commission."                                                                  
                                                                               
 Number 1314                                                                   
                                                                               
 CHAIRMAN ROKEBERG said finally, the recognition that the NAR offers           
 courses doesn't mandate that anyone become a realtor.  He agreed              
 that only perhaps 50 percent of those licensed to do business are             
 actually realtors in this state.  He said, "The point is that the             
 commission, via their regulations, would now be required to give              
 certain elective course credit for those courses which heretofore             
 have not been given any course credit, when a person could spend              
 several thousands of dollars traveling in and out of the state, for           
 example, to take these courses, which are very arduous and many of            
 which have examinations after the end, are not now granted any                
 credit under elective or continuing education.  So, that's what               
 those things do, and hopefully that answers your questions."                  
                                                                               
 Number 1362                                                                   
                                                                               
 BILL McNALL, Attorney at Law, McNall and Associates, PC, testified            
 via teleconference from Anchorage.  He has been a director and                
 president of the local chapter of the community association                   
 institute in Anchorage, which he helped found 12 years before.  He            
 has taught numerous community association management classes, as              
 well as many agency classes.  He was on the task force that created           
 this legislation.  He noted that the legislation preceded the                 
 agency task force proposals by probably a year.                               
                                                                               
 MR. McNALL stated, "I think that the bill is a good one.  I think             
 it is absolutely necessary.  As you are well aware, the standards             
 by which we judge community association managers and property                 
 managers really don't exist very much.  We haven't done a lot of              
 education; we haven't looked at other places for those standards.             
 And it kind of leaves us guessing sometimes ... what the rules                
 really are.  And, of course, we all know that if we don't have                
 rules, the court is always happy to supply them.  And we're trying            
 to avoid that.  And I think this bill goes a long way to helping us           
 create those regulations and rules, so we all know ... what we're             
 supposed to be doing."                                                        
                                                                               
 MR. McNALL expressed some concern about members' apparent response            
 to mandatory E&O insurance.  Referring to information in the                  
 packets regarding the embezzlement of $500,000 by Ronald Thornton             
 from ten condominium associations, he said without a surety fund or           
 insurance, there is no recourse for low-end condominium owners who            
 cannot afford litigation; Mr. Thornton had neither.  There is also            
 potential liability because managers may not handle an                        
 association's fund properly.  Mr. McNall concluded, "So, it's one             
 of those Catch-22s that I think certainly will be addressed with              
 the educational process, and I really applaud you for bringing this           
 bill forward."                                                                
                                                                               
 Number 1522                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked whether Mr. McNall had questions about the            
 proposed deletion of Section 37, page 22, beginning at line 16.               
                                                                               
 MR. McNALL responded that this represents the rules to follow when            
 advising people that one may wind up being a dual agent.  He                  
 stated, "And the consensus that I had, and people in the legal end            
 of this business come to, is you want to make that disclosure                 
 early-on, so you're not surprising them later.  And the problem, of           
 course, is if you really, truly disclose that right up-front,                 
 before you establish much of a relationship, it's kind of a                   
 meaningless contact.  The idea is:  How do you establish that at              
 the appropriate time?"  He does a lot of real estate work in his              
 practice, defending some brokers and pursuing others; most have no            
 clue about what a dual agent is or when that begins.  Anything to             
 help that situation would be laudable.  Other than that, he didn't            
 know whether he could comment further on this section.                        
                                                                               
 CHAIRMAN ROKEBERG noted that in Section 38, they were recognizing             
 in statute the existence of dual agency in Alaska.  He asked                  
 whether Mr. McNall's concern was the timing of that.                          
                                                                               
 MR. McNALL said yes.                                                          
                                                                               
 CHAIRMAN ROKEBERG indicated the committee would look at that.                 
                                                                               
 Number 1643                                                                   
                                                                               
 MR. McNALL and CHAIRMAN ROKEBERG discussed the idea of eliminating            
 liability for dual agency, including its providing immunity for               
 real estate dealers and its relationship to consumer protection.              
                                                                               
 CHAIRMAN ROKEBERG requested the citation for a Minnesota case                 
 relating to that, "the Dyna (ph) Realty case," which he said was              
 causing legislative changes in Alaska.                                        
                                                                               
 MR. McNALL said he didn't have it with him but could obtain it.               
                                                                               
 Number 1792                                                                   
                                                                               
 REPRESENTATIVE RYAN referred to the scenario mentioned by                     
 Representative Cowdery, with a family member managing property for            
 an elderly mother, for example, without a license or endorsement.             
 He asked, "Do you have any problems of anybody doing this under a             
 statutory power of attorney or ... power of attorney in fact?"                
                                                                               
 MR. McNALL indicated he had no particular problem unless it                   
 entailed violating rules about conveying property when getting on             
 in years or inadequate estate planning.  Although it may look like            
 a fraudulent conveyance later on, the simple answer would be no,              
 let them do it with a power of attorney.  "An attorney in fact can            
 do all that good stuff," he concluded.                                        
                                                                               
 Number 1879                                                                   
                                                                               
 CHAIRMAN ROKEBERG noted that the existing statute limits it to two            
 transactions a year, which he believes is a defect now that they              
 are talking about expanding community association and property                
 management.  Two transactions a year would be like renting a one-             
 bedroom unit in a 12-plex owned by one's mother.                              
                                                                               
 MR. McNALL agreed there would be circumstances where one would want           
 that power of attorney to be broad in scope, in order to turn over            
 management responsibilities to one's child.                                   
                                                                               
 Number 1920                                                                   
                                                                               
 REPRESENTATIVE COWDERY cited the example of a family member                   
 spending the winters in Arizona and wanting someone they trust to             
 take care of things while they're gone.  Estate planning would be             
 a separate issue.  He believes this kind of situation is fairly               
 common in Alaska, and he wouldn't want to close the door on that.             
 Sometimes people use powers of attorney, but sometimes they just              
 ask a family member.                                                          
                                                                               
                                                                               
 CHAIRMAN ROKEBERG indicated the committee would review the number             
 of power-of-attorney and attorney-in-fact transactions.  That may             
 take care of concerns registered by members.                                  
                                                                               
 Number 1999                                                                   
                                                                               
 MR. McNALL commented, "One of the things that I've seen is folks              
 using that exact tool, if you will, to avoid the regulations of any           
 duties of a power of attorney and will do 20 or 30 transactions a             
 year.  And at some point, they do get caught.  But ... because it             
 takes a lot of work on the commission's part to pursue those, they            
 basically can get away with it.  It would be nice to have some                
 guidelines that would be fairly clear about when you can do that              
 and what the circumstances are."                                              
                                                                               
 CHAIRMAN ROKEBERG asked whether Mr. McNall would recommend giving             
 the holder of an attorney of fact unlimited capabilities under the            
 statute to conduct transactions.                                              
                                                                               
 MR. McNALL suggested Chairman Rokeberg didn't want to open that               
 door as broadly as he might be implying.                                      
                                                                               
 CHAIRMAN ROKEBERG asked whether a better approach might be having             
 the level of relationship be the first level of bloodline.                    
                                                                               
 MR. McNALL replied that the most egregious situation he could think           
 of involved two brothers.  It might be better to have the person              
 granting the power of attorney explain it to the commission and               
 have the commission decide whether the reason is adequate.  He said           
 if his mother needed to go outside for medical reasons and he was             
 going to rent out her house or manage her (indisc.) for her, he               
 should be able to do that.  However, that could be done with a                
 (indisc.) statement or affidavit.                                             
                                                                               
 Number 2120                                                                   
                                                                               
 REPRESENTATIVE RYAN asked whether they weren't stretching this                
 concept of a fee for service to an extreme, to try to tell people             
 what they can do with their individual property.  He proposed an              
 example where he owns real property and chooses to have his brother           
 or best friend look after it.  He has the right to do what he wants           
 with it, as long as he doesn't break the law.  He stated, "And yet,           
 here's a Real Estate Commission, who are a bunch of people who hire           
 out to do me a service, telling me they want to restrict my options           
 in what I can do with my property and whom I can have look after              
 it.  And I find that to be a little offensive, because you have               
 absolutely no interest in the property whatsoever."                           
                                                                               
 Number 2240                                                                   
                                                                               
 MR. McNALL responded, "I don't know that that's what this does,               
 sir.  It seems to me that what we're saying is ... you can use this           
 tool, a power of attorney in fact or power of attorney, to have               
 anybody you want to manage the property in your absence.  I think             
 the only question is, is should we put some upper limit on that.              
 I'm sure you'd give somebody a power of attorney to allow them,               
 say, to rent out your property or manage your property; you'd                 
 probably limit it so they couldn't just sell your property.  But              
 assuming ... that they're doing what you want them to do, that's              
 not a limitation on what you do with your property."                          
                                                                               
 REPRESENTATIVE RYAN replied, "No, but you expressed a concern, sir,           
 that pretty soon we'd have a bunch of people out here managing                
 property illegally, inasmuch as they would be out of the grasp of             
 the Real Estate Commission, as though a person who owns a piece of            
 property and wants to have a friend or relative do something with             
 it is going to make that illegal.  Perhaps I missed a connection              
 there, but that's the way it appeared to me."                                 
                                                                               
 Number 2309                                                                   
                                                                               
 MR. McNALL clarified that it wasn't a desire to make it illegal.              
 Rather, the issue is what to do when someone tries to avoid                   
 regulations and rules about being a licensed personal service                 
 contract provider to do certain things, rather than acting in good            
 faith.  For example, if someone has 30 rental units and doesn't               
 want to pay a commission, hire real estate licensees, or do the               
 work himself, he may bring in relatives to assist, operating                  
 outside the law.  It isn't a good-faith violation of the rules but            
 conspiring and scheming to avoid the regulations.  If people are              
 allowed to do 20 transactions a year, some would do it for reasons            
 that aren't the nice reasons Representative Ryan described.                   
                                                                               
 Number 2389                                                                   
                                                                               
 REPRESENTATIVE RYAN responded, "You will find a lot of immigrant              
 families who come to America and in 10 or 15 years are doing quite            
 well, just because of the familial relationships of everybody                 
 working very hard and pooling their resources to get ahead,                   
 something that perhaps some of us who have been in America for 300            
 or 400 years should go back and revisit.  And these people do the             
 things you have just described.  And by working very hard and                 
 having family members do things, they prosper in this country and             
 take care of the American opportunity.  We start limiting these               
 sort of things to someone with a license and we're taking away part           
 of the opportunity.  I think there's a fine line we have to find              
 here.  And I'd thank you much for your comments, sir."                        
                                                                               
 Number 2444                                                                   
                                                                               
 MR. McNALL replied, "It seems to me if I'm going to leave town and            
 have somebody competent to take care of my property for me, I'd               
 much rather turn it over to a licensed real estate agent, where               
 there's adequate E&O insurance and a surety fund, so in case                  
 there's a problem, I have some recourse when I come back, as                  
 opposed to trying to figure out how my Aunt Sue might take care of            
 my property, when she really doesn't have a clue about what she               
 needs to be doing."                                                           
                                                                               
 REPRESENTATIVE COWDERY commented about different family                       
 relationships.                                                                
                                                                               
 TAPE 97-24, SIDE A                                                            
 Number 0025                                                                   
                                                                               
 CHRIS STEPHENS, President, Bond, Stephens and Johnson (commercial             
 real estate brokerage firm), testified via teleconference from                
 Anchorage, indicating he'd testified at the previous hearing                  
 regarding the commercial endorsement.  He strongly supports it and            
 thinks the need for it is abundantly clear.  He doesn't believe the           
 education requirements are burdensome, nor is it unreasonable to              
 obtain additional education to gain expertise in the area in which            
 one will practice.  He believes it is necessary for the protection            
 of the public.  Mr. Stephens pointed out that one doesn't have to             
 be a NAR member to take their courses, at least the commercial                
 courses with which he is familiar.  Although there is a different             
 fee structure for nonmembers, anybody may take them.                          
                                                                               
 MR. STEPHENS said Section 37 highlights the differences, perhaps,             
 between commercial and residential.  Lines 23 and 24 talk about               
 getting a commercial services contract before one can do anything.            
 However, anyone who does commercial real estate learns quickly that           
 many companies would never sign such a document.  It would be                 
 shipped to a corporation's legal department, and it would never be            
 seen again.  In the commercial sector, that isn't practical, as               
 well-meaning as it is.                                                        
                                                                               
 Number 0191                                                                   
                                                                               
 MR. STEPHENS believes the amendment relating to leasing commercial            
 property makes sense.  As he understood the bill was drafted                  
 originally, it required a property management endorsement to lease            
 commercial property.  In Anchorage, at least 90 percent of                    
 commercial leasing is done by brokers, not by property managers.              
 It doesn't make sense to have commercial brokers get property                 
 manager endorsements for something they've already been doing for             
 a long time.  Therefore, he applauds that change.                             
                                                                               
 MR. STEPHENS noted two problems with using a dollar amount to                 
 define "commercial."  First, over time, inflation will cause the              
 dollar amount to mean something different.  And second, for those             
 without a commercial endorsement, it could be a strong economic               
 incentive to make sure that a transaction is below $500,000, which            
 gives an unwanted incentive.  He suggested defining "residential"             
 with language such as, "the sale or lease of single-family houses             
 and rental units up to four units, and unimproved single-family               
 lots," thereby staying away from dollar definitions.                          
                                                                               
 Number 0339                                                                   
                                                                               
 CHAIRMAN ROKEBERG explained that as he conceived drafting the                 
 commercial endorsement, a duly-endorsed property manager would be             
 able to let premises for above the $500,000 mark.  He wanted to set           
 it up so that a property manager could do the leasing or renting as           
 set forth in the bill, but a commercial endorsee also could do it             
 without having a property management endorsement.  The issue then             
 becomes whether a property management endorsee could lease                    
 something with a value over $500,000, such as a gross aggregate of            
 rental receipts.                                                              
                                                                               
 CHAIRMAN ROKEBERG concurred about limiting the definition                     
 monetarily, suggesting if that were retained, it should be related            
 to the Consumer Price Index (CPI).  However, not putting a value on           
 it may be problematic without going into a mass of definitions.  He           
 expressed the desire for input from the entire real estate                    
 community, to come up with an acceptable definition that will do              
 the job without placing a burden on anyone.                                   
                                                                               
 Number 0496                                                                   
                                                                               
 MR. STEPHENS said he agreed, stating, "I think the property                   
 managers on the commercial side, they do commercial leasing, and              
 that should be part of the ... property management endorsement on             
 the commercial side, and I think that brokers do, too."  He                   
 commented in his experience, real estate values don't necessarily             
 follow the CPI.  Therefore, hooking the dollar amount in the bill             
 to the CPI may not achieve what they are trying to achieve.                   
                                                                               
 CHAIRMAN ROKEBERG said he appreciated that.  He suggested they may            
 need a periodic review.                                                       
                                                                               
 Number 0552                                                                   
                                                                               
 KRISTAN TANNER, Broker Associate, RE/MAX of Wasilla, testified via            
 teleconference from the Mat-Su LIO, specifying that she is a                  
 licensee with the "CCIM" designation also held by Chris Stephens.             
                                                                               
 MS. TANNER said the task force agreed with Representatives Cowdery            
 and Ryan that there are definitely situations that need to be                 
 excepted from the present law, because currently in statute, there            
 is no remedy or exception for the mother-in-law who gets sick and             
 goes out of state.  Their desire was to create a number of                    
 exceptions; she mentioned exceptions listed on pages 29 through 33,           
 some of which are currently available and some of which aren't.               
                                                                               
 MS. TANNER explained, "We truly tried to expand it because we                 
 agreed that there were different times when the law obviously                 
 created a situation where somebody was in violation and truly that            
 was not the spirit of the people that were participating in a                 
 specific transaction."  She suggested if the committee reviewed all           
 those exceptions, they'd find that the majority of concerns would             
 fall within those, with the one exception that the power of                   
 attorney may need to be expanded to a different number.                       
                                                                               
 MS. TANNER offered to answer questions regarding endorsements and             
 how the hours for continuing education would cross over.                      
                                                                               
 CHAIRMAN ROKEBERG reported that Ms. Tanner had submitted written              
 testimony, received that day.  He expressed appreciation for that.            
                                                                               
 Number 0731                                                                   
                                                                               
 REPRESENTATIVE RYAN asked about the time and expense involved in              
 obtaining endorsements through continuing education.                          
                                                                               
 MS. TANNER explained the idea behind the task force:  Someone who             
 wants a sales endorsement and a property management endorsement               
 would need eight hours of core requirements for each endorsement,             
 which totals 16, plus four more for continuing education.  For a              
 third endorsement, one would use those four additional elective               
 continuing education hours and then pick up four more, for a total            
 of 24 hours.  They had tried to design it so as not to be overly              
 burdensome in terms of either hours or cost.  In contrast, for one            
 endorsement currently, eight hours of core classes and 12 hours of            
 continuing education are required, for a total of 20 hours.                   
                                                                               
 Number 0883                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked whether Ms. Tanner was aware of the draft             
 regulations, separate from this bill, about continuing education.             
 He asked whether she had been involved in any of those.                       
                                                                               
 MS. TANNER replied, "Briefly.  I was not involved with them."                 
                                                                               
 CHAIRMAN ROKEBERG said he'd ask Ms. Oakley about that.  He asked              
 Ms. Tanner what "CCIM" stands for.                                            
                                                                               
 MS. TANNER replied, "Certified Commercial Investment Member."                 
                                                                               
 Number 0934                                                                   
                                                                               
 CHAIRMAN ROKEBERG mentioned the exceptions and said an existing               
 area of law is vexing the committee and the staff.  He referred to            
 page 30, lines 2 and 3, and said, "It's in the existing statute               
 now, where it refers to `unless the transaction involves land                 
 defined in'.  And this is the subdivision statute; that is not in             
 Alaska. ... And that's also picked up in the next, .900, section."            
 He asked whether the task force had considered that and requested             
 an explanation.                                                               
                                                                               
                                                                               
 MS. TANNER said she wasn't sure she could explain it.  She stated,            
 "You look on page 31, line 17; it's put back in there."  She                  
 indicated Mr. McNall may be able to answer specifically.                      
                                                                               
 CHAIRMAN ROKEBERG asked whether an individual would receive credit            
 from the commission for having a degree in economics or business.             
                                                                               
 MS. TANNER asked whether that was regarding a new license.                    
                                                                               
 CHAIRMAN ROKEBERG said either a new license or any continuing                 
 education course.                                                             
                                                                               
 MS. TANNER replied that currently, if someone wants credit for a              
 university class that they will take, it must be approved by the              
 commission.  She's not aware of any approval for a course that was            
 taken previously.  Ms. Tanner does agree with the bill regarding              
 real estate courses that can be taken through the university for              
 continuing education.                                                         
                                                                               
 CHAIRMAN ROKEBERG responded, "Right.  If they're approved by the              
 commission and the amount of hours granted (indisc.) would be by              
 regulation by the commission, but they specifically provide for               
 credit of those courses, which has been absent to date."                      
                                                                               
 Number 1072                                                                   
                                                                               
 MR. McNALL stated, "The section that you are asking questions about           
 is related to the interstate land sale practices act, which is                
 federal and controls the area.  And I don't think we'd pass a law             
 that would contradict that area."                                             
                                                                               
 CHAIRMAN ROKEBERG said there is a "definition reference" in the               
 Alaska statute, as far as land sale subdivisions.                             
                                                                               
 MR. McNALL said he believes that is correct.                                  
                                                                               
 CHAIRMAN ROKEBERG continued, "And we were curious about the                   
 antecedents to it.  The best I could come up with was ... the sales           
 of property, very much like the residential-type promotions, the              
 ... general development corporation sales of Florida tidal flats              
 that went on for a number of decades and the like. ... But there              
 has been some concerns expressed that if a person did happen to own           
 out-of-state property and they wanted to subdivide that land, why             
 couldn't they sell that property?  So, that's the nature of the               
 inquiry.  This is in the existing statute."                                   
                                                                               
 MR. McNALL said he couldn't answer further but perhaps Ms. Oakley             
 could.                                                                        
                                                                               
 Number 1156                                                                   
                                                                               
                                                                               
 GRAYCE OAKLEY, Executive Administrator, Real Estate Commission,               
 Division of Occupational Licensing, Department of Commerce and                
 Economic Development, responded via teleconference from Anchorage,            
 "I believe that there are, in the fine print of the law, of the               
 interstate land sales practices act, there are a number of things             
 where if there's a building on a lot or something like that, it               
 doesn't have to be done through a licensee. ... That law was put in           
 place for the large subdivisions of vacant lots that were being               
 marketed as ocean-front lots in Arizona, or wonderful places to go,           
 and that were really swamp land in Florida or something like that.            
 And as you mentioned, they were the type of thing that was by a               
 general development corporation.  And it was an attempt to keep               
 people from being taken unfair advantage of.  It was a consumer-              
 protection bill to keep people from being hoodwinked by the fast-             
 talking promoters of those kinds of properties."                              
                                                                               
 MS. OAKLEY continued, "One other thing that I would like to mention           
 that was touched on briefly by Catherine Reardon with regard to the           
 use of the term `designee,' and I know we haven't had a chance to             
 discuss this very much, but the reference on page 2, line 15, is              
 much broader than just having to do with testing.  It says the                
 commission may assign or designate, and we would say designate to             
 just department employees, the ability to issue licenses and                  
 endorsements to certified courses under this chapter, to approved             
 instructors, to negotiate the terms of a repayment when somebody              
 (indisc.) shouldn't have to pay back the surety claim, unless they            
 do it on an installment contract.  Those kinds of things are all              
 encompassed in there; it's not restricted to the testing service              
 employees."                                                                   
                                                                               
 MS. OAKLEY continued, "And the one on page 14, line 24, that does             
 refer specifically to the testing service, says at the beginning,             
 `If the commission authorizes the department to contract with a               
 national testing service', then they can delegate that this                   
 designated person shall review the examination or approve its                 
 contents.  And so, I would like to urge you to take another look at           
 that language with regard to the designee, because it could, from             
 a personnel standpoint, ... create or present some potential                  
 problems with regard to people who are not employees of the state             
 being designated to do certain tasks."                                        
                                                                               
 Number 1310                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked whether Ms. Oakley could make a                       
 recommendation about the designee to clear up that matter.                    
                                                                               
 MS. OAKLEY said she'd be glad to address each one.                            
                                                                               
 Number 1335                                                                   
                                                                               
 REPRESENTATIVE RYAN said he didn't know whether it was just the               
 organization hired by the Real Estate Commission to administer the            
 test, but he'd spent a lot of time as a training officer in                   
 aviation; one basic concept of testing is to sample an individual's           
 knowledge to see how comprehensive it is regarding the subject                
 being tested and to determine what will bring that person's                   
 proficiency up to 100 percent.                                                
                                                                               
 REPRESENTATIVE RYAN stated, "Yet this organization will tell you              
 either you passed or you failed; they will not tell you what areas            
 that you need for further study.  And if you successfully pass one            
 portion of the test, either the national or the Alaska state, and             
 you fail another, you have to come back and retake both portions              
 again."  He saw no purpose for that, other than keeping people out            
 of the profession, and he wanted to hear a justification.                     
                                                                               
 Number 1451                                                                   
                                                                               
 MS. OAKLEY agreed when people pass the test, they receive no grade.           
 But when a person fails, there is a bar graph on the score report             
 form that shows the areas in which the person did or didn't do well           
 enough.  The reason for taking the whole test again after failing             
 one part is that otherwise, there would be two different time lines           
 going, leading to problems of getting the application in within six           
 months of passing the exam.  Ms. Oakley concluded, "And that's just           
 a call that the commission has made.  It's something that could be,           
 I suppose, looked at again.  But that's what has been in place for            
 more than the ten years that I have worked for the commission."               
                                                                               
 Number 1513                                                                   
                                                                               
 REPRESENTATIVE RYAN said he didn't recall anyone getting a failing            
 grade that provided some idea of the "level of incompetency."                 
                                                                               
 MS. OAKLEY replied that if the score is failing, below 75, the                
 person receives the score.                                                    
                                                                               
 REPRESENTATIVE RYAN asked whether that had been true in the last              
 couple of years.                                                              
                                                                               
 MS. OAKLEY said it had been true as long as she'd been there, and             
 certainly the whole time they'd been with ASI (ph) as a testing               
 service.                                                                      
                                                                               
 REPRESENTATIVE RYAN asked that Ms. Oakley check to ensure that is             
 actually happening, as that hadn't been his own experience.  He'd             
 had to retake the test but hadn't received a score, nor did he                
 remember a bar graph.                                                         
                                                                               
 Number 1564                                                                   
                                                                               
 REPRESENTATIVE COWDERY asked Ms. Oakley's views regarding the                 
 concerns he had mentioned earlier, involving family situations and            
 executors as well.                                                            
                                                                               
                                                                               
 MS. OAKLEY replied, "With regard to a person acting as a receiver             
 or trustee, administrator, executor or guardian, that's already in            
 one of the exceptions listed on page 30.  And as far as the family            
 member exemption, that one is one that I think the task force spent           
 a lot of time and probably a lot of rationale, both pro and con, on           
 whether family members should be able to step in and do, without              
 having the benefit of a license.  And I have to say I can see both            
 the pros and the cons of that, too."                                          
                                                                               
 MS. OAKLEY continued, "But if we are to look at the ultimate                  
 mission of the Real Estate Commission being that of protecting the            
 consuming public, as opposed to looking out for the benefit of the            
 licensees, basically a consumer-protection (indisc.) that we have             
 licensing for in the first place, and so, the vast majority of the            
 family use that you are talking about, I think the vast majority of           
 those instances would come within the exception of the four units             
 or less.  And that was one of the main reasons that they                      
 established that level of exceptions in the proposed bill."                   
                                                                               
 MS. OAKLEY continued, "Beyond that, it is certainly arguable, but             
 ... it was the feeling of the task force that that did need to be             
 licensed activity, simply because of the number of tenants involved           
 and the amount of money collected in security deposits.  And when             
 you ... think about the numbers that I gave you last Friday of                
 dollars that we have paid out on surety claims, where there were              
 security deposits that had evaporated and not gotten to where they            
 really belonged, that was an overriding concern and the reason that           
 they felt that anything more than four units did need to have the             
 protection that is afforded through the surety fund that a licensed           
 real estate agent has as a recourse to ... their clients."                    
                                                                               
 Number 1724                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked Ms. Oakley to provide the committee with              
 minutes from the task force on that topic, particularly relating to           
 management of properties by family members.  Although that is                 
 existing statute in large part, they want to take a hard look at              
 that whole section relating to exceptions.  In addition, he stated,           
 "Also, I'd be kind of curious now about looking at the term `as a             
 vocation' that's on page 31, line 31, what that really means; I               
 think it's in the existing statute, and it's reenacted as that, as            
 a vocation or for compensation."                                              
                                                                               
 MS. OAKLEY responded, "That's all within the bit of whether there             
 should be an exemption for corporations or not."                              
                                                                               
 CHAIRMAN ROKEBERG asked whether anyone else wished to testify.  He            
 thanked participants, invited further comments and advised                    
 listeners that the new committee substitute would be issued as soon           
 as it could be drafted.  The bill would be heard again March 24.              
                                                                               
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 Number 1861                                                                   
                                                                               
 CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Standing             
 Committee meeting at 5:37 p.m.                                                
                                                                               

Document Name Date/Time Subjects