02/06/2012 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB92 | |
| HB267 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 92 | TELECONFERENCED | |
| *+ | HB 267 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
February 6, 2012
3:23 p.m.
MEMBERS PRESENT
Representative Kurt Olson, Chair
Representative Craig Johnson, Vice Chair
Representative Mike Chenault
Representative Steve Thompson
Representative Lindsey Holmes
MEMBERS ABSENT
Representative Dan Saddler
Representative Bob Miller
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 92(FIN)
"An Act relating to dental hygienists, dentists, dental
assistants, dental hygiene, and dentistry."
- MOVED HCS CSSB 92(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 267
"An Act relating to the Real Estate Commission; and providing
for an effective date."
- MOVED CSHB 267(L&C) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 92
SHORT TITLE: DENTISTS/DENTAL HYGIENISTS/ASSISTANTS
SPONSOR(s): SENATOR(s) EGAN
02/21/11 (S) READ THE FIRST TIME - REFERRALS
02/21/11 (S) L&C, FIN
02/24/11 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/24/11 (S) Heard & Held
02/24/11 (S) MINUTE(L&C)
03/01/11 (S) L&C AT 2:00 PM BELTZ 105 (TSBldg)
03/01/11 (S) Moved CSSB 92(L&C) Out of Committee
03/01/11 (S) MINUTE(L&C)
03/07/11 (S) L&C RPT CS 3DP SAME TITLE
03/07/11 (S) DP: EGAN, DAVIS, PASKVAN
03/30/11 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/30/11 (S) Heard & Held
03/30/11 (S) MINUTE(FIN)
04/04/11 (S) FIN RPT CS 6DP 1NR SAME TITLE
04/04/11 (S) DP: HOFFMAN, STEDMAN, THOMAS, EGAN,
MCGUIRE, ELLIS
04/04/11 (S) NR: OLSON
04/04/11 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/04/11 (S) Moved CSSB 92(FIN) Out of Committee
04/04/11 (S) MINUTE(FIN)
04/07/11 (S) TRANSMITTED TO (H)
04/07/11 (S) VERSION: CSSB 92(FIN)
04/08/11 (H) READ THE FIRST TIME - REFERRALS
04/08/11 (H) L&C, FIN
01/27/12 (H) L&C AT 3:15 PM BARNES 124
01/27/12 (H) Heard & Held
01/27/12 (H) MINUTE(L&C)
02/06/12 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 267
SHORT TITLE: REAL ESTATE SALES LICENSEES
SPONSOR(s): REPRESENTATIVE(s) MUNOZ, OLSON
01/17/12 (H) PREFILE RELEASED 1/13/12
01/17/12 (H) READ THE FIRST TIME - REFERRALS
01/17/12 (H) L&C
02/06/12 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
DANA OWEN, Staff
Senate Labor & Commerce Committee, Senator Dennis Egan, Chair
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of Senator Dennis Egan,
Chair, Senate Labor & Commerce Committee, during the discussion
of SB 92.
REPRESENTATIVE CATHY MUNOZ
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 267 as prime sponsor of the
bill.
ERROL CHAMPION, President
Southeast Alaska Board of Realtors;
Member, Board of Directors
Alaska Association of Realtors
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion of HB 267.
DON HABEGER, Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community, & Economic Development
(DCCED)
Juneau, Alaska
POSITION STATEMENT: Provided information and answered questions
during the discussion of HB 267.
KONRAD JACKSON, Staff
Representative Kurt Olson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained the amendment to HB 267 on behalf
of the prime bill sponsor, Representative Kurt Olson.
ACTION NARRATIVE
3:23:24 PM
CHAIR KURT OLSON called the House Labor and Commerce Standing
Committee meeting to order at 3:23 p.m. Representatives
Johnson, Thompson, Holmes, and Olson were present at the call to
order. Representative Chenault arrived as the meeting was in
progress.
3:23:41 PM
SB 92-DENTISTS/DENTAL HYGIENISTS/ASSISTANTS
3:23:48 PM
CHAIR OLSON announced that the first order of business would be
CS FOR SENATE BILL NO. 92(FIN), "An Act relating to dental
hygienists, dentists, dental assistants, dental hygiene, and
dentistry."
CHAIR OLSON stated that this bill was previously heard and
public testimony is closed. He reported that the bill had been
held in committee to obtain clarification on the repealers in
the bill. He said he was satisfied that everything is in order.
3:24:52 PM
DANA OWEN, Staff, introduced himself and said he was available
for questions.
REPRESENTATIVE HOLMES asked for clarification that the committee
previously adopted two amendments to SB 92.
CHAIR OLSON answered yes.
3:25:35 PM
The committee took an at-ease from 3:25 p.m. to 3:28 p.m.
3:28:20 PM
REPRESENTATIVE HOLMES moved to report CSSB 92(FIN), as amended,
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, the HCS
CSSB 92(L&C) was reported from the House Labor & Commerce
Standing Committee.
The committee took an at-ease from 3:28 p.m. to 3:30 p.m.
HB 267-REAL ESTATE SALES LICENSEES
3:30:35 PM
CHAIR OLSON announced that the final order of business would be
HOUSE BILL NO. 267, "An Act relating to the Real Estate
Commission; and providing for an effective date."
3:30:43 PM
REPRESENTATIVE CATHY MUNOZ, Alaska State Legislature, explained
HB 267 would clarify the statutes that pertain to real estate
practice. She stated that she has collaborated with the Alaska
Association of Realtors in drafting this bill. This bill would
accomplish three things. First, Section 1 of the bill would
amend AS 08.88.071 (a), to require the Real Estate Commission
issue a temporary permit to a licensee designated by the
commission to administer, manage, or conclude the affairs of a
broker's real estate business if: (1) an investigation produces
substantial evidence that the broker has misappropriated trust
funds; (2) the license of the broker is suspended; or (3) the
broker is incapacitated because of a traumatic event or medical
condition. Under current law, the Real Estate Commission (REC)
would appoint another broker; however, in some areas of the
state, a limited number of brokers practice. This provision
would also allow the commission to issue a temporary agreement
to a real estate agent to step in and conclude the business
affairs. This provision would apply in instances in which only
one or two brokers in an area would be called on to step in and
conclude the business when the practice is in jeopardy due to
health issues or issues that pertain to the actual practice of
the specific brokerage.
3:33:04 PM
REPRESENTATIVE MUNOZ stated that second, this bill would clarify
language regarding the role of a licensed real estate
salesperson or licensed real estate broker. It would limit
licensed assistants to only work for one brokerage, which is
unclear in current law; however, it is very important to have a
licensed assistant be limited to work for only one brokerage to
ensure that proprietary information is kept confidential and to
ensure that information about a real estate transaction cannot
be shared with more than one brokerage. Third, this bill would
allow a licensee to use a portion of an agent's commission to
donate to a charitable organization. She characterized this as
a housekeeping provision.
3:34:16 PM
REPRESENTATIVE HOLMES referred to Section 2 of HB 267, which
adds one new subsection. She referred to page 4, line 4, and
noted that she did not see an "and" or an "or" between paragraph
4 and 5. She asked whether the list is meant to be inclusive
and all five paragraphs would need to be met.
REPRESENTATIVE MUNOZ asked for clarification on the specific
language.
REPRESENTATIVE HOLMES referred to Section 2, page 4, line 4, and
read, "A licensed real estate salesperson or licensed associate
real estate broker may act as a licensed assistant to another
licensed salesperson or associate real estate broker if..." She
added that the "if" was followed by paragraphs
(1),(2),(3),(4),(5). She inquired as to whether the condition
would apply to all paragraphs: (1), (2), (3), (4), and (5); or
if the condition of only paragraph (1) or (2) or (3) or (4) or
(5) needed to be met. She reiterated her question by asking
whether the condition of only one paragraph in Section 2 needed
to be met or if all five conditions must be met by the licensed
real estate salesperson or licensed associate real estate
broker.
REPRESENTATIVE MUNOZ offered her belief that all five paragraphs
were necessary, but deferred to the Alaska Association of
Realtors to confirm.
3:36:37 PM
ERROL CHAMPION, President, Southeast Alaska Board of Realtors;
Member, Board of Directors, Alaska Association of Realtors,
thanked the chair for sponsoring the bill.
CHAIR OLSON reported that all of his questions had been
addressed before he signed on as joint prime sponsor of the
bill.
MR. CHAMPION mentioned that he has also submitted written
comments to the committee.
CHAIR OLSON asked him to confirm Representative Holmes's
question pertaining to Section 2.
MR. CHAMPION responded that Section 2 would require all five
paragraphs to be met. He said, "If you don't cross over the
threshold of (1), you can't make it to (2), to (3), to (4), to
(5) ...."
3:38:04 PM
DON HABEGER, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community, &
Economic Development (DCCED), introduced himself.
3:38:40 PM
REPRESENTATIVE CHENAULT referred to the zero fiscal note in
members' packets. He asked for the number of incidents for
misappropriation of trust accounts or medical reasons that have
arisen with brokers.
MR. HABEGER said the current executive administrator of the REC
indicated only one incident against a broker has occurred in
seven years. Thus, the division felt any necessary work could
easily be absorbed in the current work load.
REPRESENTATIVE CHENAULT asked for the average cost of an
investigation.
MR. HABEGER recalled a recent incident in Ketchikan, which he
characterized as a litmus test. He explained that it was
necessary to investigate a broker and licensees paid for the
investigation. He related that due to the investigation costs,
in part, the division suggested increases in licensee fees for
the next renewal period. He offered that the one incident did
not represent a huge impact to licensees.
3:40:34 PM
REPRESENTATIVE HOLMES inquired as to whether the department was
comfortable with the bill.
MR. HABEGER answered yes.
3:41:34 PM
KONRAD JACKSON, Staff, Representative Kurt Olson, Alaska State
Legislature, introduced himself. He referred to an amendment in
members' packet. He stated that the proposed amendment would
correct a minor drafting error.
3:42:19 PM
REPRESENTATIVE HOLMES moved to adopt Amendment 1, labeled 27-
LS1111\M.1, Martin, 1/24/12, which read:
Page 3, line 16:
Delete "board"
Insert "commission"
There being no objection, Amendment 1, was adopted.
3:43:01 PM
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on HB 267.
3:43:12 PM
REPRESENTATIVE HOLMES moved to report HB 267, as amended out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, the CSHB 267(L&C) was
reported from the House Labor and Commerce Standing Committee.
3:43:35 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:43 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB267 Fiscal Note-DCCED-CBPL-01-21-12.pdf |
HL&C 2/6/2012 3:15:00 PM |
HB 267 |
| HB267 Sponsor Statement.pdf |
HJUD 2/20/2012 1:00:00 PM HL&C 2/6/2012 3:15:00 PM |
HB 267 |
| HB267 Sectional Analysis.pdf |
HJUD 2/20/2012 1:00:00 PM HL&C 2/6/2012 3:15:00 PM |
HB 267 |
| HB267 Supporting Documents-Letter AK Assoc. Realtors.pdf |
HJUD 2/20/2012 1:00:00 PM HL&C 2/6/2012 3:15:00 PM |
HB 267 |
| HB267 Supporting Documents-Letter Anita Bates 1-24-12.pdf |
HL&C 2/6/2012 3:15:00 PM |
HB 267 |
| HB267 Supporting Documents-Letter Eva Loken 1-20-12.pdf |
HL&C 2/6/2012 3:15:00 PM |
HB 267 |
| HB267 Supporting Documents-Letter Joni Schneider 1-20-12.pdf |
HL&C 2/6/2012 3:15:00 PM |
HB 267 |
| HB267 Supporting Documents-Letter Shelly Stradling 1-24-12.pdf |
HL&C 2/6/2012 3:15:00 PM |
HB 267 |
| HB267 ver M.PDF |
HL&C 2/6/2012 3:15:00 PM |
HB 267 |
| HB267 Draft Proposed Amendment M.1.PDF |
HL&C 2/6/2012 3:15:00 PM |
HB 267 |
| HB267 Supporting Documents-Testimony by Errol Chapion 2-6-12.pdf |
HL&C 2/6/2012 3:15:00 PM |
HB 267 |