Legislature(1997 - 1998)

03/24/1997 03:23 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 24, 1997                                       
                             3:23 p.m.                                         
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Norman Rokeberg, Chairman                                      
 Representative John Cowdery, Vice Chairman                                    
 Representative Bill Hudson                                                    
 Representative Jerry Sanders                                                  
 Representative Joe Ryan                                                       
 Representative Tom Brice                                                      
 Representative Gene Kubina                                                    
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present                                                           
                                                                               
 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                         
 03/17/97              (H)   MINUTE(L&C)                                       
 03/24/97              (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.                           
                                                                               
 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.                               
                                                                               
 SCOTT CONNELLY, President                                                     
 Kachemak Board of Realtors                                                    
 331 East Pioneer Avenue                                                       
 Homer, Alaska  99603                                                          
 Telephone:  (907) 235-6183                                                    
 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.                               
                                                                               
 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.                               
                                                                               
 DWIGHT BOWDEN, Broker                                                         
 ERA Professional Real Estate                                                  
 2331 Sues Way                                                                 
 Anchorage, Alaska  99516                                                      
 Telephone:  (907) 562-3300                                                    
 POSITION STATEMENT:  Testified regarding HB 33.                               
                                                                               
 PAT STEPHEN, Broker                                                           
 Polar Realty, Incorporated                                                    
 1101 East 76th Avenue                                                         
 Anchorage, Alaska  99508                                                      
 Telephone:  (907) 349-7681                                                    
 POSITION STATEMENT:  Testified 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.                               
                                                                               
 KRISTAN TANNER, Broker Associate                                              
 RE/MAX of Wasilla                                                             
 1590 East Financial Drive, Suite 200                                          
 Wasilla, Alaska  99654-8237                                                   
 Telephone:  (907) 376-4515                                                    
 POSITION STATEMENT:  Answered question related to HB 33.                      
                                                                               
 DAVID GARRISON, Associate Broker                                              
 AAR Investments                                                               
 P.O. Box 190727                                                               
 Anchorage, Alaska  99519                                                      
 Telephone:  (907) 277-3446                                                    
 POSITION STATEMENT:  Testified regarding HB 33.                               
                                                                               
 WILEY BROOKS, CPM and Broker                                                  
 Wiley Brooks Company, Incorporated                                            
 2525 Blueberry Road, Suite 204                                                
 Anchorage, Alaska  99503                                                      
 Telephone:  (907) 277-2484                                                    
 POSITION STATEMENT:  Testified regarding HB 33.                               
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-28, SIDE A                                                            
 Number 0001                                                                   
                                                                               
 CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce                  
 Standing Committee meeting to order at 3:23 p.m.  All members were            
 present at the call to order:  Representatives Rokeberg, Cowdery,             
 Hudson, Sanders, Ryan, Brice and Kubina.                                      
                                                                               
 HB 33 - REAL ESTATE LICENSING                                                 
                                                                               
 Number 0024                                                                   
                                                                               
 CHAIRMAN ROKEBERG announced the committee would continue the public           
 hearing on House Bill No. 33, "An Act relating to real estate                 
 licensing and the real estate surety fund; and providing for an               
 effective date."                                                              
                                                                               
 Number 0085                                                                   
                                                                               
 REPRESENTATIVE JOHN COWDERY informed members that amendments B.2              
 and B.3, presented the previous week by his staff, had been                   
 intended for discussion, not introduction.                                    
                                                                               
 CHAIRMAN ROKEBERG acknowledged receipt of those and said the                  
 Anchorage Legislative Information Office (LIO) had copies.                    
 Although the committee would respect Representative Cowdery's                 
 wishes and not introduce them, they would address those issues.               
                                                                               
 CHAIRMAN ROKEBERG advised members that Janet Seitz would explain              
 changes in the latest bill version, 0-LS0197\F, Lauterbach,                   
 3/18/97.  It wasn't his intention to move the bill that day.  In              
 addition to public testimony, there was correspondence from real              
 estate groups and individuals to consider.                                    
                                                                               
 Number 0279                                                                   
                                                                               
 CHAIRMAN ROKEBERG said the bill is broader and bigger than perhaps            
 originally intended.  This "F" version is not the final working               
 draft of the committee; his intention following that day's hearing            
 was to put it into a "de facto subcommittee," which he would work             
 on, then hold another public hearing before coming up with a final            
 version.  He wanted to provide everyone in the real estate                    
 community an opportunity to make suggestions about the bill.                  
                                                                               
 Number 0388                                                                   
                                                                               
 REPRESENTATIVE BILL HUDSON made a motion to adopt 0-LS0197\F,                 
 Lauterbach, 3/18/97, as a work draft.  There being no objection, it           
 was so ordered.                                                               
                                                                               
 Number 0426                                                                   
                                                                               
 JANET SEITZ, Legislative Assistant to Representative Norman                   
 Rokeberg, explained changes (references to amendments are from                
 those adopted at the previous hearing).  On page 7, lines 9 and 10,           
 Amendment 1 had added new language regarding the Building Owners              
 and Managers Association.  On page 8, lines 8 through 13, there is            
 new language, subsection (b), relating to commercial services                 
 brokers, which the legislative drafter had suggested.                         
                                                                               
 Number 0518                                                                   
                                                                               
 CHAIRMAN ROKEBERG said this is one of the more controversial areas.           
 He intends to add a conceptual amendment here to exclude anything             
 under a four-plex, so that a real estate sales practitioner without           
 a commercial endorsement could sell up to a four-plex,                        
 notwithstanding its valuation.  He indicated the desire for                   
 additional testimony regarding this.                                          
                                                                               
 Number 0586                                                                   
                                                                               
 MS. SEITZ advised members the next change is on page 9, line 3.               
 Subsection (e) begins, "Unless licensed as a commercial real estate           
 broker"; that is new language.  Section 13, which starts on page 9,           
 line 17, and continues through page 10, line 13, is also new                  
 language, from Amendment 4.  She explained, "The only difference is           
 it didn't get to the drafter that small subsection (b) should be              
 `Before issuing' instead of `After providing'.  So, ... that would            
 be changed."                                                                  
                                                                               
 CHAIRMAN ROKEBERG said it is a civil penalty clause.  There are a             
 number of different citations to penalties in this chapter.  Once             
 the basic draft is done, he wants to review those and try to                  
 minimize them.                                                                
                                                                               
 Number 0669                                                                   
                                                                               
 REPRESENTATIVE HUDSON suggested perhaps using a graph to indicate             
 the complex changes, which had worked well elsewhere.                         
                                                                               
 Number 0691                                                                   
                                                                               
 MS. SEITZ advised members that Section 16, beginning on page 14,              
 line 3, and continuing to page 15, is entirely new and contains               
 commercial broker language.  On page 17, Amendment 1 had deleted a            
 section regarding the commission's adoption of a system for                   
 reevaluation of examinations; it would have occurred after line 2.            
 In version B, it had been on page 14.                                         
                                                                               
 MS. SEITZ continued.  On page 17, line 25 now reads, "60 days or              
 less"; line 29 now reads, "more than 60 days".  Those were from               
 Amendment 1.  On page 18, line 23 now reads, "may reactivate the              
 license"; it had been awkward language, cleaned up by Amendment 1.            
 One page 21, line 28, the word "exclusive" is dropped between "All"           
 and "real estate personal services contracts".                                
                                                                               
 MS. SEITZ referred to page 22, lines 3 through 6, and said, "This             
 is where we had the duplicative `for at least three years'                    
 language, and that's been cleaned up.  So, we only have reference             
 one time to `for at least three years.'  And on line 7, the                   
 language, `upon request to any principal in a transaction,' was               
 added."                                                                       
                                                                               
 Number 0882                                                                   
                                                                               
 MS. SEITZ advised members that on page 24, after line 16, another             
 section, relating to disclosure of agency, had been dropped.  In              
 version B, it had been Section 37, on page 22.                                
                                                                               
 CHAIRMAN ROKEBERG specified that the agency disclosure section                
 would have been just before Section 38, page 24, of version F.                
                                                                               
 MS. SEITZ referred to page 35.  On lines 2 and 3, the drafter had             
 added, "including a commercial real estate services broker".  On              
 lines 9 and 10, the definition of "commercial real estate services            
 broker" is new language.  And on lines 18 and 19, the definition,             
 "`employed' includes being an independent contractor" is also new             
 language.                                                                     
                                                                               
 Number 1062                                                                   
                                                                               
 GRAYCE OAKLEY, Executive Administrator, Real Estate Commission,               
 Division of Occupational Licensing, Department of Commerce and                
 Economic Development (DCED), testified via teleconference from                
 Anchorage, saying she was mainly available to answer questions.               
 She stated, "I do have a little bit of concern on the section of              
 the F draft on page 9, where the `commercial' is added in line 3,             
 because it seems like that section is the same ... section (b) on             
 the previous bill, that was referring back to all of the different            
 endorsements.  And by putting it in this way, it would limit it to            
 just the commercial endorsement, and I'm not sure that's what you             
 want to do."  She asked that the committee look carefully to ensure           
 that "commercial" is appropriate there.                                       
                                                                               
 MS. OAKLEY referred to page 15, line 11.  She said testimony the              
 previous Monday indicated the language about insurance requirements           
 would be changed so that premium payments wouldn't come to the Real           
 Estate Commission; however that hadn't been incorporated.  In                 
 addition, she'd sent suggested language regarding the phrase, "the            
 commission or the designee," because of a concern raised within the           
 DCED about its possibly applying to people who aren't state                   
 employees.  That hadn't been incorporated, either, although she               
 acknowledged the committee may have reasons for that.                         
                                                                               
 Number 1187                                                                   
                                                                               
 REPRESENTATIVE HUDSON asked where that is in the bill.                        
                                                                               
 MS. OAKLEY said the designee language is located in a couple of               
 places:  page 2, line 15, and page 15, line 30.                               
                                                                               
 Number 1224                                                                   
                                                                               
 CHAIRMAN ROKEBERG stated, "We do have an opinion on that; so, we              
 will be looking at that."  He said he'd asked the drafter to                  
 totally redraft the section on errors and omissions (E&O)                     
 insurance.  He then asked how much activity the commission had                
 conducted to try to educate and inform members of the real estate             
 community that this would be happening.                                       
                                                                               
 Number 1278                                                                   
                                                                               
 MS. OAKLEY answered that at the time the task force made its                  
 recommendations to the Real Estate Commission, one issue of the               
 real estate newsletter, which went through it section by section,             
 was mailed to every licensee, active or inactive.  After the change           
 in commission membership, they wanted time to digest it; she                  
 believed about a year had lapsed since it was published.                      
                                                                               
 Number 1323                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked when the task force report was prepared.              
                                                                               
 MS. OAKLEY said the summer of 1995.  It was discussed at the                  
 convention in Fairbanks last year, right after the commission                 
 adopted it.  She stated, "It was taken to the board of directors of           
 AAR, and then I reported on it at the general membership meeting."            
 She said there was a chance for people to contact her afterwards,             
 but it wasn't gone through section by section.                                
                                                                               
 CHAIRMAN ROKEBERG requested that Ms. Oakley provide a memo setting            
 forth that time frame and efforts to disseminate information.  He'd           
 received complaints about this catching people by surprise.                   
 Although the committee had sent out more than 75 copies, to all               
 property management firms and to many major brokers in the state,             
 it didn't mean they had contacted everyone, which concerned him.              
                                                                               
 Number 1407                                                                   
                                                                               
 MS. OAKLEY said she'd misspoken; it was the summer of 1996 that it            
 was published in the newsletter.  She would provide that newsletter           
 article to the committee, along with the requested memo.  In                  
 September 1996, the new commission had indicated they needed more             
 time to digest this.                                                          
                                                                               
 CHAIRMAN ROKEBERG asked whether the commission took action on it              
 before that.                                                                  
                                                                               
 MS. OAKLEY replied, "Yes, they did take action."                              
                                                                               
 CHAIRMAN ROKEBERG requested a copy of that or related minutes.                
                                                                               
 MS. OAKLEY agreed to provide that.                                            
                                                                               
 Number 1509                                                                   
                                                                               
 SCOTT CONNELLY, President, Kachemak Board of Realtors, testified              
 via teleconference from Homer.                                                
                                                                               
 CHAIRMAN ROKEBERG asked whether Mr. Connelly had received his                 
 letter.                                                                       
                                                                               
 MR. CONNELLY said yes.  He stated, "I'm really, really pleased with           
 the reaction that I'm getting from everybody.  And the answers that           
 I got at the last teleconference went a long, long way to assuaging           
 a lot of people's fears down here."                                           
                                                                               
 MR. CONNELLY discussed three points from comments he'd heard.                 
 First, people don't like the concept of mandatory E&O insurance.              
 Although he believes there would be excellent participation if                
 there was a reasonable price, people seem to have a problem with              
 the word "mandatory."  Second, he has the feeling that people don't           
 want criteria for certifying the commercial endorsement tied into             
 National Association of Realtors (NAR) classes.                               
                                                                               
 MR. CONNELLY referred to page 8, lines 8 through 13, and indicated            
 the final point relates to real estate with an anticipated market             
 value over $500,000 unless there is a residential dwelling.  He               
 acknowledged Chairman Rokeberg's discussion of adding terminology             
 about four-plexes, then stated, "The way that I read that is that             
 without the commercial endorsement, I couldn't sell a piece of raw            
 land with a value of over $500,000.  And I guess that just confuses           
 me.  It strikes me that that could be, most definitely, a                     
 noncommercial sale, even in that price range."                                
                                                                               
 Number 1599                                                                   
                                                                               
 CHAIRMAN ROKEBERG said that is a good point.  The $500,000 is not             
 entirely arbitrary but started as a base line for discussion, with            
 the thinking that a dollar amount makes it easier to determine                
 whether a transaction is commercial or noncommercial, rather than             
 having a whole litany of different classifications.  He expressed             
 interest in hearing opinions on that.  He stated, "And as we get              
 into this whole discussion further, I think the importance of                 
 having that endorsement will become more evident to everybody."               
                                                                               
 CHAIRMAN ROKEBERG pointed out that E&O insurance would only be                
 mandatory if it were obtainable for a premium of $200 or less a               
 year.  He stated, "And I will not myself support any kind of                  
 mandatory E&O insurance unless it's a universally-available policy            
 at a very low rate.  And that particular portion of the bill CS has           
 not been updated.  I've asked the drafter to try to reduce it, even           
 down to about a paragraph or so, and allow the commission to try to           
 find that insurance, and if they do find it, to make sure that it             
 is available."  He emphasized that it would be mandatory in order             
 to obtain lower premiums, which is the reason for considering a               
 premium cap.                                                                  
                                                                               
 MR. CONNELLY replied that he appreciated the fact that with better            
 participation, there would be better rates.  He said he'd love to             
 be able to get E&O insurance for $200 a year.                                 
                                                                               
 CHAIRMAN ROKEBERG stated, "I thought everybody would.  That's why             
 we even raised it from $100 to $200."                                         
                                                                               
 MR. CONNELLY said he'd noticed that; even $200 is very reasonable.            
 He commented that everyone there is comfortable that they'll have             
 an opportunity to address any future bill versions.  "And, again,             
 thank you for that, for making us feel at ease," he concluded.                
                                                                               
 Number 1764                                                                   
                                                                               
 CHAIRMAN ROKEBERG noted that Eric Dyrud had sent a letter dated               
 March 23.  He inquired about the rationale behind his suggestions.            
                                                                               
 ERIC DYRUD, Associated Brokers Incorporated, testified via                    
 teleconference from Anchorage.  He explained his first                        
 recommendation, regarding composition of the Real Estate                      
 Commission.  As he read the current language, the commission could            
 have contained no associate brokers or brokers.  However, he                  
 believes it is important that at least two members be either                  
 associate brokers or brokers, because oftentimes brokers look at              
 things differently than sales people do, as far as responsibility.            
                                                                               
 Number 1820                                                                   
                                                                               
 CHAIRMAN ROKEBERG commented that he'd asked the drafter to put the            
 brokers back in.  He'd like to hear from commission members later             
 about why they removed that.  He agreed with Mr. Dyrud 100 percent            
 on that point, because they need experienced people in those slots.           
 He noted that it only takes two years to get a broker's license.              
                                                                               
 Number 1835                                                                   
                                                                               
 MR. DYRUD said next was a suggestion on the language under duties             
 of the commission.  He believes the current statute calls for just            
 a summary of the disciplinary action.  However, he believes it is             
 important to the industry, and would be educational, to have a                
 little more information in there on exactly what the problem was.             
                                                                               
 CHAIRMAN ROKEBERG said that's a good idea and they'd look at it.              
                                                                               
 MR. DYRUD referred to page 5, Section 5, relating to AS 08.88.081,            
 commission regulations, and said he had some real concerns.  He               
 recommended deleting (1), which calls for setting ethical standards           
 and minimum standards of professional conduct.  He believes if                
 those exist, they should be spelled out ahead of time and subject             
 to review, rather than empowering the Administration or the board             
 to do that.                                                                   
                                                                               
 MR. DYRUD also expressed concern that if the commission developed             
 its own code of ethics, different from the NAR's code, an agent or            
 licensee might be in the situation of having to violate one code or           
 another.  Having two separate codes could create confusion and                
 problems in the industry and with the public.                                 
                                                                               
 Number 1924                                                                   
                                                                               
 CHAIRMAN ROKEBERG agreed and said he'd asked several questions                
 about that; he believes it needs further debate.                              
                                                                               
 MR. DYRUD referred to page 6, Section 6, and recommended                      
 substituting "identify" for "provide".  He explained, "I'm not sure           
 that it's proper for the Real Estate Commission or the                        
 administrative staff to get into training of instructors.  I think            
 that adds a whole new dimension.  It would be my recommendation               
 that it would be proper for the commission or the executive                   
 secretary to identify those courses that are required, but that we            
 should not have to pay those out of license fees.  And if they felt           
 there was no other way to do it, other than to put on a course,               
 that the instructor should fully pay for that course, because they,           
 in turn, turn around and charge all the people that go to the                 
 courses, to pay for it."                                                      
                                                                               
 MR. DYRUD emphasized that his two concerns here were that they were           
 getting into the educational business with the commission, as far             
 as instructors, and that they were inadvertently creating a                   
 situation where the surety fund or a portion of the fees are used             
 to train instructors, who would then turn around and bill students.           
                                                                               
 Number 1995                                                                   
                                                                               
 REPRESENTATIVE JOE RYAN agreed.  He stated, "We're asking the                 
 brokers and the sales persons to upgrade their skills by getting              
 these endorsements.  It would seem only reasonable that a person              
 who's teaching the course, if they wanted to expand their ability             
 to make a living, that they should bear the cost of that                      
 themselves."                                                                  
                                                                               
 CHAIRMAN ROKEBERG said they'd take that and all of these under                
 consideration.                                                                
                                                                               
 Number 2016                                                                   
                                                                               
 MR. DYRUD referred to page 8, Section 12, under "license required";           
 page 10, Section 14; and page 14, Section 16 "and other."  These              
 refer to the requirement for an endorsement and for the limitations           
 that would be established on dollar amounts or types of properties.           
 He suggested that Ron Johnson could comment if he was on                      
 teleconference.                                                               
                                                                               
 MR. DYRUD stated, "It was my understanding, and his comments to the           
 Alaska Association legislative committee, that the primary thrust             
 of this change was to ensure we had appropriate education for those           
 people who might, the commercial sales, who might do leasing and              
 might do property management.  But I think the intent of it is,               
 it's to create a class of licensees and a class of brokers.  And I            
 think there's some real problems with that, and I don't believe               
 that that's beneficial to the public or to the industry."                     
                                                                               
 MR. DYRUD continued, "I had a couple of sub-items on that, and I              
 think it's particularly crucial in small towns and communities,               
 that it would be very difficult for them to maintain these various            
 endorsements, and that we might inadvertently push buyers and                 
 sellers to do their own transactions because an individual would              
 not have that kind of endorsement.  So, if they didn't, they would            
 either have to bring a real estate licensee in, turn to an                    
 attorney, or do without a licensee to complete the transaction."              
                                                                               
 CHAIRMAN ROKEBERG said those are philosophical issues that the                
 committee needs to discuss.                                                   
                                                                               
 Number 2110                                                                   
                                                                               
 MR. DYRUD suggested they pull that whole issue out of this bill.              
 Although there might be a philosophical disagreement and he might             
 be in the minority on that, he believes it is important that the              
 industry understands what is intended and what will be done under             
 that.  He also believes it could be added later.  "I think at this            
 point, there are not enough people at the grass roots level, if you           
 will, that understand what's coming down," he concluded.                      
                                                                               
 CHAIRMAN ROKEBERG responded that the major thrust of the bill was             
 originally to incorporate community associations.  It added the               
 endorsements as a method of reaching that point, and then                     
 differentiating in the education.  He stated his understanding that           
 Mr. Dyrud believes the educational considerations could be done by            
 the commission, providing regulations for that.                               
                                                                               
 Number 2154                                                                   
                                                                               
 MR. DYRUD mentioned mandatory training, suggesting someone selling            
 houses would want to take a residential course, not a commercial              
 one.                                                                          
                                                                               
 CHAIRMAN ROKEBERG said if it is mandatory, everybody must take it,            
 if there isn't a different endorsement or a differentiation in the            
 types of licenses.                                                            
                                                                               
 MR. DYRUD suggested, "Well, if you had 10 or 12 hours of mandatory            
 courses, and an individual could collect, maybe, one of three of              
 those mandatory courses, maybe one's geared to commercial, one's              
 residential and one's property management, you've still taken your            
 ... mandatory education, and the licensee has had the opportunity             
 to select which one of those mandatory courses, out of maybe three            
 choices, that would foot the bill."                                           
                                                                               
 Number 2190                                                                   
                                                                               
 CHAIRMAN ROKEBERG submitted they may not be mandatory if a person             
 selects which ones to take.                                                   
                                                                               
 MR. DYRUD pointed out that a commercial broker might deal with a              
 trust account differently than a property manager would.                      
 Therefore, there might be two trust account courses, for example,             
 one geared towards residential and one towards commercial or                  
 property management.  A person could take either to fulfill the               
 mandatory requirement for that course block.                                  
                                                                               
 MR. DYRUD next referred to page 15, Section 08.88.173.                        
                                                                               
 CHAIRMAN ROKEBERG noted that it is discussed on page 4 of Mr.                 
 Dyrud's letter.                                                               
                                                                               
 MR. DYRUD explained the suggestion:  If the commission offers                 
 mandatory E&O insurance to licensees, the $125 currently charged              
 for licensing and designated for the surety fund should be                    
 eliminated.  Because the E&O insurance would protect the public for           
 any wrongs that may have occurred, the surety fund would be a                 
 duplication.                                                                  
                                                                               
 CHAIRMAN ROKEBERG said the committee would take that up.  However,            
 there is a distinction between limitations under the surety fund              
 and deductibles and limitations on E&O insurance.  They don't want            
 to be party to anything that would inhibit commerce in the state by           
 putting undue burdens on individual licensees.                                
                                                                               
 Number 2280                                                                   
                                                                               
 MR. DYRUD referred to "I." on page 4 of his letter, a conceptual              
 amendment which read:  "The real estate surety fund shall be                  
 removed from the general fund and placed in an interest bearing               
 account."  He suggested that would be beneficial to potential                 
 claimants and licensees, as it would increase the size of the                 
 surety fund.                                                                  
                                                                               
 CHAIRMAN ROKEBERG advised Mr. Dyrud that there is a constitutional            
 prohibition against dedicated funds.  He noted that there is "cash            
 management" in the general fund.                                              
                                                                               
 MR. DYRUD asked whether "cash management" means it earns interest.            
                                                                               
 Number 2309                                                                   
                                                                               
 REPRESENTATIVE HUDSON explained that most of the funds deposited to           
 the general fund accrue interest, but it accrues to the state.                
                                                                               
 MR. DYRUD agreed.  To him, this is a special fund, paid for by the            
 industry to protect the public.  He believes there should be a way            
 to put it in an interest-bearing fund to increase it.                         
                                                                               
 Number 2329                                                                   
                                                                               
 REPRESENTATIVE HUDSON stated, "I think we can write language                  
 calling for interest to accrue to the account and separate                    
 accounting."                                                                  
                                                                               
 CHAIRMAN ROKEBERG suggested in that case, they may have to rewrite            
 "the whole surety fund area."  He mentioned concerns of                       
 Representative Ryan about that, as well as the current cap where              
 "everything lapses to the general fund over $500,000."  He                    
 expressed appreciation for the comments about E&O insurance in                
 particular, mentioning possibly having the surety fund provide the            
 deductible of a lower-premium E&O insurance, for example.                     
                                                                               
 Number 2360                                                                   
                                                                               
 MR. DYRUD suggested if the $500,000 sitting around could be put in            
 a bank at 4 or 5 percent, even, that would result in a tidy sum to            
 add to the surety fund.                                                       
                                                                               
 CHAIRMAN ROKEBERG indicated that about $200,000 per year is                   
 expended for educational functions of the commission, which Mr.               
 Dyrud could ask Ms. Oakley about.                                             
                                                                               
 Number 2376                                                                   
                                                                               
 MR. DYRUD referred to page 17, Section 20.  His suggestion, found             
 on page 4, item "J." of his letter, is that for subsequent exams,             
 individuals only are required to retake and pass the portion they'd           
 failed, whether it was the "general" or the "law" portion.                    
                                                                               
 MR. DYRUD referred to item "K." of his letter, relating to page 22,           
 Sections 33 and 34.  He recommends changing the phrase "complete              
 record" to read "all records".  He believes the intent is that the            
 broker provide all records, and he would hate to get into an                  
 argument after the fact of what a complete record should have been.           
                                                                               
 CHAIRMAN ROKEBERG said they'd have the drafter look at that.                  
                                                                               
 Number 2429                                                                   
                                                                               
 MR. DYRUD referred to page 29, Section 43.  Item "L." in his letter           
 suggests adding a new subsection (e) to read:  "In the event of a             
 claim from association against a licensee, said association shall             
 be required to show that its board of directors employed reasonable           
 fiduciary responsibility on the part of the association to protect            
 its interests and moneys.  In cases where the association failed to           
 exercise reasonable care, the amount due claimant shall be reduced            
 by one-half of the normal amount."                                            
                                                                               
 MR. DYRUD explained that all of these associations have boards of             
 directors which have responsibilities.  "And I'm not sure it's fair           
 if they don't exercise that right that they look to the surety fund           
 for being made whole," he said, suggesting if an association's                
 board didn't exercise proper fiduciary responsibility, it may                 
 enhance a problem.                                                            
                                                                               
 REPRESENTATIVE RYAN replied, "We are constantly talking about                 
 personal responsibility and how the state shouldn't pick it up if             
 somebody else would pick it up.  I think it's a very good point,              
 putting responsibility where it lies."  He noted that the board               
 sets membership requirements for an association.                              
                                                                               
 TAPE 97-28, SIDE B                                                            
 Number 0006                                                                   
                                                                               
 CHAIRMAN ROKEBERG said when trying to determine whether the board             
 had exercised reasonable fiduciary responsibility, there is a                 
 question of law that is a matter of interpretation.  He stated,               
 "You could spend more money on litigating the interpretation of               
 that law than you would be paying the claims.  So, I would ask if             
 we could have the commission look at that and see if they can make            
 some recommendations along those lines, because I think it's an               
 excellent comment."                                                           
                                                                               
 REPRESENTATIVE RYAN indicated perhaps a good definition was needed.           
                                                                               
 CHAIRMAN ROKEBERG replied, "But it still is a matter of evidentiary           
 proof, if there's a breach of fiduciary responsibility on the part            
 of the board.  And ... should they or shouldn't they have been                
 looking over this guy's shoulder more?  And ... that is a matter of           
 evidence, I think."                                                           
                                                                               
 MR. DYRUD commented, "I think some of us out in the profession get            
 the feeling that we have this pot of money and everybody is trying            
 to get a part of it. ... If somebody in the industry has wronged              
 somebody, I don't have a problem with that.  But on the other hand,           
 I think they also have a responsibility ... to do normal business             
 practices to serve their interests."                                          
                                                                               
 CHAIRMAN ROKEBERG said he couldn't agree more.                                
                                                                               
 Number 0057                                                                   
                                                                               
 MS. OAKLEY requested confirmation that on that last point, Mr.                
 Dyrud was speaking of community associations, not just any                    
 association.                                                                  
                                                                               
 MR. DYRUD affirmed that.                                                      
                                                                               
 CHAIRMAN ROKEBERG turned the gavel over to Vice Chairman Cowdery.             
                                                                               
 Number 0077                                                                   
                                                                               
 RON JOHNSON, Broker and President, Kenai Board of Realtors,                   
 testified via teleconference from Kenai.  He had sent a letter                
 addressing the possibility of protecting the commission appointee's           
 position so that the commission could not as readily be changed.              
 Under the current governor, five members were replaced all at once,           
 leaving the commission with members who didn't know a lot about               
 what had happened in the past.  He likened that to this bill; many            
 people don't know what the bill said, or what the intent of the               
 original task force was, because they weren't there.                          
                                                                               
 MR. JOHNSON suggested changing "employed" and "employee" to                   
 "associated" and "associate" throughout the bill.                             
                                                                               
 MR. JOHNSON advised members he has a copy of the state of                     
 Washington's recently-rewritten license law, which has specific               
 definitions relating to the concept of agency.  He said, "And I               
 think that while the state requires that we disclose our agency               
 position, the law doesn't address ... the limitations of agency               
 under common law, as it were, or the definitions under common law;            
 and perhaps that might be beneficial to someplace put that in                 
 there."  He suggested they look at defining agency, perhaps using             
 the Washington license law as an example.                                     
                                                                               
 Number 0175                                                                   
                                                                               
 VICE CHAIRMAN COWDERY asked Mr. Johnson to fax a copy of that to              
 the committee at 465-2040.                                                    
                                                                               
 MR. JOHNSON suggested passing the request on to Ms. Oakley, from              
 whom he'd obtained his copy.                                                  
                                                                               
 Number 0185                                                                   
                                                                               
 REPRESENTATIVE RYAN said he'd found that people in real estate are            
 skeptical of dual agency, even though the option is there.  He'd              
 worked in brokering commodities internationally, where it is a                
 common practice.  He explained, "You have something to sell at a              
 price, and then you find a buyer who is willing to pay that price,            
 and you get paid at both ends.  And I don't really understand in              
 real estate why people have this much of a problem with this."  He            
 asked Mr. Johnson's opinion on why there is a problem.                        
                                                                               
 Number 0225                                                                   
                                                                               
 MR. JOHNSON replied that he is certified by the commission to teach           
 agency courses and had taught 60 to 80 hours of agency using                  
 various course outlines.  It still amazes him how the concept of              
 agency is misunderstood, which he suggested is partly due to there            
 being so many concepts of agency.  For example, there are agents              
 for football players, insurance agents, brokerage agents and real             
 estate agents.  He suggested defining specific agency relationships           
 relative to the real estate business and common law.                          
                                                                               
 MR. JOHNSON believes the courts like to put real estate people into           
 an agency position through making determinations based on their               
 actions.  He stated, "If it walks like an agent, talks like an                
 agent and acts like an agent, it's an agent."  Unfortunately, some            
 actions "under the fair-dealing-and-honest-practices-type-of-a-               
 thing" make buyers and sellers believe that real estate people are            
 their agents.  Mr. Johnson believes that has created a problem,               
 multiplied by the fact that the agency concept in real estate is              
 unique to real estate.                                                        
                                                                               
 CHAIRMAN ROKEBERG, who had resumed chairing the meeting, called on            
 Jerry Adams in Fairbanks; however, Mr. Adams had had to leave.                
 Chairman Rokeberg asked whether anyone else had time constraints.             
 He then called on Dwight Bowden.                                              
                                                                               
 Number 0326                                                                   
                                                                               
 DWIGHT BOWDEN, Broker, ERA Professional Real Estate, testified via            
 teleconference from Anchorage.  Licensed for real estate in Alaska            
 since 1968, he'd been a broker since 1970.  He endorsed most of               
 Eric Dyrud's comments and recommendations, but he took exception to           
 the suggestion that there be at least two brokers or broker                   
 associates on the Real Estate Commission.  However, he sees no                
 reason why the real estate representatives shouldn't be either                
 brokers or associate brokers, because it only takes two years to              
 get a broker's license; if someone isn't experienced enough to do             
 that, he believes they probably shouldn't be on the commission.               
                                                                               
 MR. BOWDEN said the commercial real estate endorsement will require           
 much more work; he tends to doubt that such an endorsement is                 
 necessary.  The original intent of the bill was to cover some                 
 problems they'd had with property management and association                  
 management.  Mr. Bowden suggested if they gave all of their                   
 attention to that particular portion of it, that would be most                
 helpful and difficult enough to accomplish.                                   
                                                                               
 MR. BOWDEN indicated Mr. Dyrud's comments on the E&O insurance and            
 the surety fund were excellent.  They wouldn't need the surety fund           
 except for the deductible if everyone in the business had E&O                 
 insurance, which he believes should be the case.                              
                                                                               
 MR. BOWDEN endorsed the civil penalties for unlicensed persons                
 doing business where a license is required; that has been missing             
 for a long time.  However, he believes this bill will add layers to           
 the bureaucracy for licensing.  The commission doesn't have the               
 ability to investigate current complaints.  He asked how they can             
 investigate even more complaints resulting from this bill.                    
                                                                               
 Number 0470                                                                   
                                                                               
 MR. BOWDEN mentioned Ron Johnson's comments regarding agency.  Mr.            
 Bowden believes that if licensees understand consensual dual                  
 agency, the situation is certainly workable.  He has a small                  
 office, and at last count, they are selling 40 percent of their own           
 listings.  They explain the consensual dual agency to the seller at           
 the time they list a property, and they explain it to the buyer the           
 first time they meet.  They've had no problems to date.  He                   
 believes it will work provided that people know how to explain it.            
                                                                               
 Number 0514                                                                   
                                                                               
 REPRESENTATIVE RYAN asked whether Mr. Bowden believes the civil               
 penalties associated with operating without a license should                  
 reflect the cost of becoming a licensed broker or sales person.               
                                                                               
                                                                               
 MR. BOWDEN replied that he'd endorse that and it is probably                  
 appropriate.  The only problem is with people who manage their own            
 property.  This bill specifies no more than four units to manage              
 oneself or for another; Mr. Bowden believes that is probably too              
 low.  They need to really go after the people with whom they've had           
 the most property management problems, involving embezzlement by              
 both licensed and unlicensed people.  Being too strict gets people            
 who manage a few units.  Although he's unsure what "a few units"              
 is, he believes four is too few for this bill.                                
                                                                               
 Number 0602                                                                   
                                                                               
 CHAIRMAN ROKEBERG noted Mr. Bowden's indication that he is in favor           
 of most of Mr. Dyrud's recommendations.  He asked whether Mr.                 
 Bowden is skeptical of the need for a commercial endorsement.                 
                                                                               
 MR. BOWDEN said yes.                                                          
                                                                               
 CHAIRMAN ROKEBERG asked whether he'd change his mind on that if he            
 felt there was going to be "a different provision for agency laws             
 relating to the commercial agents, versus residential agents."                
                                                                               
 MR. BOWDEN said he'd keep an open mind.                                       
                                                                               
 Number 0637                                                                   
                                                                               
 PAT STEPHEN, Broker, Polar Realty, Incorporated, testified via                
 teleconference from Anchorage.  Like Mr. Bowden, he believes what             
 Eric Dyrud has done and the study he's put into it have been pretty           
 good.  He believes the commercial endorsement is more for the                 
 protection of commercial agents than for the public.  In commercial           
 deals, the higher the dollar value gets, the more the client, not             
 the agent, has control of that deal.  Such clients have their own             
 lawyers standing by, and they are much more knowledgeable than many           
 agents who call themselves commercial brokers.                                
                                                                               
 MR. STEPHEN, who is in the commercial business, said he has no                
 desire to limit who can sell commercial property.  He worries more            
 about commercial brokers selling a home.  He asked, "Ever see a               
 commercial broker try to write a home deal?  And I see no                     
 restriction in here about that."                                              
                                                                               
 CHAIRMAN ROKEBERG pointed out that there had been testimony from              
 more than one source about the incompetency of commercial brokers             
 relative to house sales.  He asked that Mr. Stephen mull over "the            
 commercial endorsement in the realm of agency."                               
                                                                               
 Number 0769                                                                   
                                                                               
 CAROL MEYER, State President, Alaska Association of Realtors (AAR),           
 testified via teleconference from the Mat-Su LIO, saying she'd been           
 fielding numerous phone calls on this.  Indications are that those            
 people fairly much agree with other testifiers that day.  Mandatory           
 E&O insurance would be a big problem; her guess is if it remains,             
 the bill may go nowhere unless some things are changed regarding              
 that.  She indicated she and Ron Johnson had talked about whether             
 they want agency in there, as there is a question as to whether               
 including it would help or not.  Even after all the education,                
 there is still much discussion about what agency is.  "And many of            
 us still can't understand why there's such a misunderstanding of              
 agency," she added.                                                           
                                                                               
 MS. MEYER continued:  "The commercial, yeah, pretty much they're              
 all saying they would prefer to see, at this point, at least, the             
 commercial left out of it, at least until further examination, and            
 probably going over maybe some education and what continued                   
 education is going to be on some of these things."                            
                                                                               
 Number 0854                                                                   
                                                                               
 MS. MEYER said as state president, she is trying to find a way to             
 communicate what is going on.  In January 1997, this bill was                 
 brought in front of the state board; each of the local board's                
 presidents sits on that board.  They'd "fairly supported" the bill            
 as it was then, with reservations on a couple of items.  She'd                
 assumed those local presidents would inform their boards and                  
 legislative chairs about what was happening.  "And I think part of            
 this was already out there; so, they could have gotten their hands            
 on at least ... what was being presented to you, Representative               
 Rokeberg," she stated.                                                        
                                                                               
 MS. MEYER said at the state convention in September (1996), it was            
 explained to quite a few people.  There were 80 or 90 members                 
 present, and several committee chairs and their local presidents              
 were there.  It bothers her a bit that all of a sudden they're                
 hearing that the larger brokers and some other members are not                
 hearing about this.  She asked for suggestions from any of them on            
 better getting this information to them.                                      
                                                                               
 Number 0948                                                                   
                                                                               
 MS. MEYER referred to discussion of "education being paid for out             
 of the surety fund for instructors."  She believes the commission             
 has mandated that instructors be re-educated every two years, even            
 though evaluations from those taking the exams show they are                  
 pleased with the instructors.  It costs at least $400 for that                
 instructors' class every two years; out-of-state classes would add            
 to that cost.  What will happen if suddenly they're looking at only           
 instructors who can afford to teach continuing education and                  
 mandatory education classes?  There are fewer instructors; they are           
 already seeing the same instructors over and over again.  Ms. Meyer           
 pointed out that just because people take classes every two years,            
 it doesn't mean they'll instruct well; she knows of a couple of               
 instructors who still instruct the same as always, regardless of              
 which classes they've taken.                                                  
                                                                               
 MS. MEYER asked:  Who are they trying to protect, the consumer or             
 the realtor or real estate agent?  Referring to property management           
 and association management, she said one reason they were                     
 supporting HB 33 was because of horror stories that the commission,           
 brokers and agents were hearing.  She cited an occurrence involving           
 a renter who was given two-weeks' notice to move after a house was            
 sold, contrary to the landlord-tenant act that provides for 30                
 days' notice.  She said the problem seems to come more from owner-            
 managers than realtors who manage property.                                   
                                                                               
 MS. MEYER acknowledged that if she owned property, she may not want           
 to need a license to manage it.  However, renters, who are also the           
 public, are being harmed because owners don't take classes or read            
 the landlord-tenant act, resulting in problems with improper                  
 withholding of security deposits or property and inadequate notice            
 about moving.  She asked the committee to seriously look at what              
 they're doing with this bill.  She emphasized that many renters               
 can't afford to hire attorneys to help with these problems.  She              
 asked how they can protect the public.                                        
                                                                               
 Number 1165                                                                   
                                                                               
 CHAIRMAN ROKEBERG responded, "Well, there is an amendment before              
 the committee, and I'd like you to consider it in your legislative            
 committees, of expanding the ability of family members to manage              
 the properties of other family members, which would expand the                
 definition of the existing statute now.  So, I'd like everybody               
 down-line to consider that in our further deliberations, because I            
 know there is an amendment before us.  So, we've pulled back for              
 further review, but we are going to be taking that issue up."                 
                                                                               
 MS. MEYER thanked Representative Rokeberg and indicated everyone              
 was asking that the process be lengthened a bit so that they'd have           
 a chance to read it more thoroughly.                                          
                                                                               
 Number 1200                                                                   
                                                                               
 CHAIRMAN ROKEBERG restated that version F is not even the final               
 version for mark-up.  They would work that week on further                    
 amendments, considering testimony from that day; he hoped to come             
 up with the first really good draft within a week or ten days.  He            
 would be in Anchorage the following Friday, March 28.  He asked Ms.           
 Tanner about the meeting scheduled that day.                                  
                                                                               
 Number 1237                                                                   
                                                                               
 KRISTAN TANNER, Broker Associate, RE/MAX of Wasilla, responded via            
 teleconference from Anchorage.  She said there was a teleconference           
 scheduled with all the legislative chairs.  She invited Chairman              
 Rokeberg to join them.                                                        
                                                                               
 CHAIRMAN ROKEBERG asked where that would be held.                             
                                                                               
 MS. MEYER joined in, saying she'd let him know.                               
                                                                               
 Number 1264                                                                   
                                                                               
 DAVID GARRISON, Associate Broker, AAR Investments, testified via              
 teleconference from Anchorage, saying he has no problems with                 
 agency; he is a single-agency company, the number one buyers'                 
 agency.  He believes the bill is trying to do too much.  He                   
 suggested starting on page 1, line 1, and "eliminate it to just               
 trying to handle the licensing of property management and community           
 association management, instead of leaving this out as a blank                
 check, for everybody to make all the changes to every part of the             
 law that they can think of."                                                  
                                                                               
 Number 1336                                                                   
                                                                               
 MR. GARRISON agreed with Eric Dyrud's synopsis of the bill.                   
 However, the Anchorage Association of Realtors legislative                    
 committee was "kind of caught in between meetings here, ... on                
 being able to get together and work on this piece of legislation,"            
 and he was glad to hear there would be opportunity for input later.           
                                                                               
 Number 1373                                                                   
                                                                               
 CHAIRMAN ROKEBERG responded to the suggestion that they focus on              
 just property management and community association management.  He            
 said the methodology selected by the task force and the commission            
 at the time was to go the endorsement route for the                           
 differentiation.  He is prepared to press forward to recognize the            
 differentials in those various specialties, particularly as they              
 relate to education, both for entry and continuing education.                 
 However, if anybody has a better suggestion, he is willing to take            
 that up, and he believes the committee is also willing.                       
                                                                               
 Number 1442                                                                   
                                                                               
 MR. GARRISON continued.  He doesn't want to see limitations on                
 four-plexes.  In the past five years, those have been from 5 to 10            
 percent of their income properties, which are multi-family                    
 properties.  He doesn't get into what he calls "commercial," which            
 includes lease spaces, commercial buildings, and things of that               
 nature, as that isn't what he does best.  He cited as an analogy              
 the engineering profession, where civil engineers don't design                
 automobiles.  Similarly, he doesn't try to do property management,            
 except for his own property, nor association management.  He                  
 believes people can limiting themselves to real estate licenses for           
 what they know best and are able to handle.                                   
                                                                               
 CHAIRMAN ROKEBERG asked Mr. Garrison how many properties larger               
 than a four-plex he handles.                                                  
                                                                               
 MR. GARRISON said four or five a year.                                        
                                                                               
 Number 1506                                                                   
                                                                               
 CHAIRMAN ROKEBERG specified he was talking about five-plexes up to            
 hundreds of units.  He asked whether that wasn't commercial real              
 estate.                                                                       
                                                                               
 MR. GARRISON explained that he doesn't call that commercial real              
 estate as long as it is residential rentals.  He commented that 800           
 units may be 200 four-plexes.  The only difference above a four-              
 plex is the type of financing available.                                      
                                                                               
 CHAIRMAN ROKEBERG stated his understanding that it is different               
 from residential financing.                                                   
                                                                               
 MR. GARRISON replied, "Up to four-plexes, yes, because of -- FHA              
 cuts off there.  But Alaska Housing's ... talks about going to a              
 little bit higher units, too."                                                
                                                                               
 Number 1588                                                                   
                                                                               
 REPRESENTATIVE RYAN mentioned demonstrating competency for people             
 engaged in various subdivisions of the profession.  He said                   
 numerous other professional associations demand that someone                  
 successfully pass an original course of study, with continuing                
 education in a specialty to maintain currency.  Those requirements            
 could be added here easily, without necessarily having the hurdles            
 of an endorsement, to obtain the same objective.                              
                                                                               
 CHAIRMAN ROKEBERG suggested for an initial licensee, there would be           
 a different exam.                                                             
                                                                               
 REPRESENTATIVE RYAN agreed there would need to be basic licensing             
 to establish a benchmark.                                                     
                                                                               
 CHAIRMAN ROKEBERG submitted that it is what they do now.  He asked            
 whether Mr. Brooks wished to comment.                                         
                                                                               
 Number                                                                        
                                                                               
 WILEY BROOKS, CPM and Broker, Wiley Brooks Company, Incorporated,             
 testified via teleconference from Anchorage.  Head of his company,            
 he does a combination of all they'd been discussing, including                
 commercial real estate.  He'd been part of the task force and                 
 worked on this probably two years before; much effort and thought             
 was put into it.  In the process of trying to differentiate between           
 areas of real estate, it had involved into the endorsement idea.              
 The original focus and concern was more professionalism and                   
 protection relating to those who practice property management, to             
 bring them under the umbrella of the Real Estate Commission, "not             
 to break out a separate occupational licensing," and yet provide              
 the public protection.  They hadn't wanted to create a new                    
 bureaucracy.  They'd found that most of the states where they                 
 checked were bringing property management under the umbrella of the           
 real estate laws.                                                             
                                                                               
 CHAIRMAN ROKEBERG asked, "And do you mean by that also community              
 associations?"                                                                
                                                                               
 MR. BROOKS concurred, noting that over the years there had been               
 some embezzlement cases.                                                      
                                                                               
 Number 1766                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked whether the existing real estate statute              
 doesn't cover property management.                                            
                                                                               
 MR. BROOKS replied that it covers community association management            
 and it covers property management "if you're in the business of               
 collecting rents."                                                            
                                                                               
 CHAIRMAN ROKEBERG said, "But not association management."                     
                                                                               
 MR. BROOKS agreed.  There is no statute governing association                 
 management, and that is needed very much.                                     
                                                                               
 MR. BROOKS discussed the commercial requirement in the bill, saying           
 the task force had discussed "additional break-outs."  There could            
 be no end to those specialties, which could include industrial,               
 development and office buildings, for example.  The distinction               
 they'd wanted to make was that many community association people              
 have no intention or desire to sell.  Their education requirements            
 are quite different from those of the rest of the industry, one               
 reason they'd wanted to break them out.  At this point in time, Mr.           
 Brooks believes the committee would be well-advised "to take this             
 commercial thing out of there."  He believes it is a bit divisive,            
 and the sales people will object to it.                                       
                                                                               
 MR. BROOKS had observed that it takes care of itself for the most             
 part.  For example, in Anchorage only 10 or 12 people make much               
 money in office building sales; the public goes to them with                  
 listings because people know it is their area of expertise.  He               
 restated his suggestion to drop this, saying he doesn't want it to            
 hold up the legislation.                                                      
                                                                               
 Number 1967                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked, "Would you consider your comments on the             
 commercial endorsement in light of the change in the agency law?              
 Would that have any influence on your thinking there?"                        
                                                                               
                                                                               
 MR. BROOKS replied, "No, I don't think so."                                   
                                                                               
 Number 2000                                                                   
                                                                               
 MR. JOHNSON again testified from Kenai.  He stated, "When I first             
 got on the Real Estate Commission, a gentleman by the name of John            
 Benson (ph) was a champion of how to fix the unlicensed activity              
 problem.  And at the time, my exposure to unlicensed activity was             
 knowing that a few people managed four-plexes for friends and that            
 sort of thing.  His big charge was that there's a tremendous amount           
 of major commercial deals that are done in this state without                 
 licensees participating in it."                                               
                                                                               
 MR. JOHNSON said he's not a commercial broker, although he does               
 some work in that area.  He then stated, "But I think that maybe              
 the commercial brokers should band together, as it were, and                  
 address it from that perspective, because I think that was the                
 original concept of this licensing and this license change, is to             
 deal with unlicensed activity.  And because of ... Mr. Benson's               
 influence on me, I think that there may be reason to maintain this            
 commercial thing."                                                            
                                                                               
 Number 2093                                                                   
                                                                               
 CHAIRMAN ROKEBERG provided a wrap-up.  He would make himself                  
 available Friday.  He hoped to have made progress by then, taking             
 into consideration comments made that day and in letters received.            
 He'd already asked the legislative attorney who drafted the bill to           
 significantly reduce "the size and the intent of the E&O policy."             
 He believes testimony indicates almost universal consensus that all           
 they really want to do is authorize the commission to seek that E&O           
 insurance, making it mandatory only if they can obtain it, and                
 simplify it greatly.                                                          
                                                                               
 CHAIRMAN ROKEBERG submitted that this statute is probably read more           
 than any other in Alaska; everyone taking the real estate                     
 examination must learn it.  Therefore, the language and intent of             
 the statute should be as clear and concise as possible.                       
                                                                               
 CHAIRMAN ROKEBERG suggested there is a feeling among people in the            
 commercial area that they are the "step-children" of the business             
 and inadequately represented in the make-up of boards, commissions            
 and other governing bodies of the industry.  He commented that it             
 is partly their own faults because they're too busy making money.             
 He said the "issue that revolves around the agency dispute and the            
 (indisc.) case," are very much on his mind when giving that further           
 consideration.  He agreed with Mr. Johnson's comment about not                
 wanting to hurt the prospects of this bill.                                   
                                                                               
 Number 2354                                                                   
                                                                               
 MR. DYRUD asked whether Chairman Rokeberg had received the input              
 from the Anchorage legislative committee regarding brokers who                
 commit a felony.                                                              
                                                                               
 An unidentified woman on teleconference said, "Monday."                       
                                                                               
 CHAIRMAN ROKEBERG said they hadn't yet.  He mentioned a                       
 communication from Ms. Tanner and a number of other letters and               
 faxes relating the bill; all those issues would be considered.                
 He'd try to provide the next level of draft to Anchorage by Friday,           
 if possible, and it would probably be at least the middle of the              
 following week before they had a real working-draft model.  Any               
 comments at the Friday meeting could also be added to that.  (HB 33           
 was held over.)                                                               
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 TAPE 97-29, SIDE A                                                            
 Number 0006                                                                   
                                                                               
 CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Standing             
 Committee meeting at 4:58 p.m.                                                
                                                                               

Document Name Date/Time Subjects