03/15/2012 01:30 PM Senate LABOR & COMMERCE

            HB 267-REAL ESTATE SALES LICENSEES/COM'N                                                                        
                                                                                                                                
2:29:26 PM                                                                                                                    
CHAIR EGAN  announced consideration of  HB 267 [2n  CSHB 267(JUD)                                                               
was before the committee].                                                                                                      
                                                                                                                                
TERRY HARVEY, staff to Representative  Cathy Munoz, sponsor of HB
, said  the committee  heard the Senate  companion bill  a few                                                               
weeks back. It  was sponsored by the chair, so  he knew they were                                                               
familiar  with it.  He said  this  bill resolves  three areas  of                                                               
concern brought  to them by  the Alaska Realtors  Association. It                                                               
modifies  real estate  law  in  one area  and  offers clarity  in                                                               
several others.  The modifier  will allow a  licensee to  share a                                                               
part of all  of their commission with  a charitable organization;                                                               
this is  not allowed under  current statutes that say  a licensee                                                               
can  only  share that  information  with  another licensee.  This                                                               
makes  an exception  for  charitable  organizations and  promotes                                                               
charitable giving within the industry.                                                                                          
                                                                                                                                
2:31:20 PM                                                                                                                    
HB 267  also clarifies  that a licensed  assistant can  only work                                                               
for  one brokerage  at  a  time. It  also  clarifies the  closing                                                               
process for  a brokerage. Currently,  if a broker becomes  ill or                                                               
incapacitated or  violates the law, only  another licensed broker                                                               
may  be assigned  by the  Real Estate  Commission to  perform the                                                               
incapacitated   broker's  functions.   This  change   allows  the                                                               
flexibility for the Real Estate  Commission to choose among other                                                               
licensees for that  duty, like a real  estate sales professional.                                                               
This  was deemed  a  reasonable concept,  because  some areas  of                                                               
Alaska have  only one broker  in the entire community  or perhaps                                                               
for  many miles.  The idea  was to  allow other  licensees to  be                                                               
designated by the  commission to come in to  perform the function                                                               
as needed.                                                                                                                      
                                                                                                                                
MR.  HARVEY  said the  House  Judiciary  Committee broadened  the                                                               
title  to  include  temporary permits,  licensed  assistants  and                                                               
charitable  organizations. Also  more  clarity was  added to  the                                                               
licensed assistant language that now reads:                                                                                     
                                                                                                                                
       The licensed assistant is not employed to perform                                                                        
     activities requiring licensure under this chapter for                                                                      
     more than one licensed real estate broker.                                                                                 
                                                                                                                                
2:34:16 PM                                                                                                                    
SENATOR  PASKVAN  asked  the   Alaska  Real  Estate  Commission's                                                               
position.                                                                                                                       
                                                                                                                                
MR. HARVEY replied the Alaska  Realtors Association supported the                                                               
changes,  and  he  understood  from them  that  the  Real  Estate                                                               
Commission also supported the changes.                                                                                          
                                                                                                                                
CHAIR EGAN noted that Mr. Champion was shaking his head yes.                                                                    
                                                                                                                                
SENATOR PASKVAN asked  if he knew of any  serious opposition from                                                               
within the profession.                                                                                                          
                                                                                                                                
MR. HARVEY said he was not aware of any at this time.                                                                           
                                                                                                                                
2:35:54 PM                                                                                                                    
SENATOR  PASKVAN moved  to report  2d CSHB  267(JUD), version  I,                                                               
from committee to the next  committee of referral with individual                                                               
recommendations  and attached  zero  fiscal note.  There were  no                                                               
objections and it was so ordered.