Legislature(2007 - 2008)HOUSE FINANCE 519

04/17/2007 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 147 TOURISM CONTRACT MATCHING FUNDS TELECONFERENCED
Heard & Held
+ HB 159 STILLBIRTH CERTIFICATE TELECONFERENCED
Heard & Held
+ HB 205 REAL ESTATE BROKERS/SALESPERSONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 133 ELECTRONIC MONITORING OF GANG PROBATIONER TELECONFERENCED
Moved CSHB 133(FIN) Out of Committee
<Bill Held Over from 4/13/07>
HOUSE BILL NO. 205                                                                                                            
                                                                                                                                
     An Act relating to real estate broker and real estate                                                                      
     salesperson licensing; and providing for an effective                                                                      
     date.                                                                                                                      
                                                                                                                                
ELEANOR WOLFE,  STAFF, REPRESENTATIVE  KURT OLSON,  testified                                                                   
that HB  205 would clarify and  strengthen a number  of items                                                                   
in current  statute and increase  consumer protection  in the                                                                   
buying  and selling  process of  homes.   The Association  of                                                                   
Alaska Realtors (AAR) strongly  supports the bill.  She noted                                                                   
that   the   committee  substitute   contains   the   changes                                                                   
recommended  by  the  Division   of  Occupational  Licensing,                                                                   
Department of Commerce, Community & Economic Development.                                                                       
                                                                                                                                
2:31:03 PM                                                                                                                    
                                                                                                                                
Representative  Gara referenced  Page 3,  which provides  the                                                                   
Association  the judgment to  not suspend  a license  if they                                                                   
are  convicted  of a  crime  of "dishonesty",  which  affects                                                                   
their ability to practice.                                                                                                      
                                                                                                                                
2:32:13 PM                                                                                                                    
                                                                                                                                
DAVE   FEEKEN,   (TESTIFIED   VIA   TELECONFERENCE),   ALASKA                                                                   
ASSOCIATION  OF REALTORS,  ANCHORAGE, stated  that HB  205 is                                                                   
the  modernization  of  existing  statutes  related  to  real                                                                   
estate  brokerage, addressing  issues  of  education of  real                                                                   
estate  licensees and  the supervision  relationship  between                                                                   
brokers and licensees.                                                                                                          
                                                                                                                                
Sections  1, 4, 5,  & 6:   Realtors  proposes clarifying  the                                                                   
issuing a license to persons convicted  of felonies.  Current                                                                   
law is unclear  as to time elapses since the  completion of a                                                                   
sentence   for  those   crimes.     HB   205  clarifies   and                                                                   
standardizes the 7  years as is required with  the broker and                                                                   
the  associate broker  license  with the  language needed  to                                                                   
protect  the  public  from  people   convicted  of  felonies.                                                                   
Additionally,  it  standardizes  language  for  all  license,                                                                   
broker,  associate   broker,  or  sales  associate,   when  a                                                                   
licensee is  convicted of a  felony or other  crime committed                                                                   
while licensed  under statute,  in the  judgment of  the real                                                                   
estate  commission,  if  the  crime  or  felony  affects  the                                                                   
ability of  that person to  practice competently  and safely,                                                                   
the commission may revoke it for a period of 7 years.                                                                           
                                                                                                                                
Section 2:  The current requirement for 20 hours of pre-                                                                        
licensing education is 20 years  old, when brokers controlled                                                                   
the information,  however,  with the  world wide web,  nearly                                                                   
80% of current buyers use the  web for their property search,                                                                   
no  home inspections,  a couple  of  loan programs  available                                                                   
from  Alaska Housing  Finance  Corporation  (AHFC) have  been                                                                   
replaced  by hundreds  from  all over  the  country, with  no                                                                   
concerns   about  wetlands  maps,   required  disclosure   of                                                                   
property  condition, predatory  lending issues,  and that  no                                                                   
one knew that mold endangered  mental capacity; the list goes                                                                   
on.                                                                                                                             
                                                                                                                                
Mr.  Feeken  stated  that  the  Real  Estate  Commission  has                                                                   
continued to increase  the required course material  for pre-                                                                   
licensing  education,  but  the   number  of  hours  has  not                                                                   
increased.   HB  205 would  increase  the required  education                                                                   
hours from 20  to 40 in order  to take the exam.   Even at 40                                                                   
hours, Alaska is the lowest in the country.                                                                                     
                                                                                                                                
Section  3:    Additionally,  the  required  topics  of  Post                                                                   
Licensing education  should be increased from 20  to 30 hours                                                                   
to  adequately  teach  the  required  course  material.    He                                                                   
pointed out that the Alaska Association  supports an increase                                                                   
in hours  verses a reduction in  course content, in  order to                                                                   
meet   the   publics   need   for   competent   real   estate                                                                   
practitioners.                                                                                                                  
                                                                                                                                
Section  7:   Multiple Business  Operations: The  issue of  a                                                                   
single  broker  owning,  operating,   or  being  employed  by                                                                   
multiple corporations  or partnerships  is further  clarified                                                                   
to  require all  organizations  to  share a  single  physical                                                                   
address.   Many brokerage  firms are  multiple companies  for                                                                   
insurance and other reasons.                                                                                                    
                                                                                                                                
Section  8:   Statutes have  always stated  that brokers  are                                                                   
responsible  for the actions  of their  licensees, until  the                                                                   
Alaska Supreme  Court ruled  in the 80's  that the  broker is                                                                   
not responsible for  conduct they had no knowledge  of, which                                                                   
requires the  broker to have  a written policy  and procedure                                                                   
addressing issues:                                                                                                              
                                                                                                                                
   1. Require real estate licensees to comply with all real                                                                     
     estate laws                                                                                                                
   2. Require real estate licensees to act fairly and                                                                           
     honestly in all dealings                                                                                                   
   3. Require real estate licensees to notify the broker or a                                                                   
     broker designee of any legal dispute or allegation of                                                                      
    wrong-doing from a seller, buyer, lesser, or lessee                                                                         
   4. Require real estate licensees to maintain regular                                                                         
     communication with the broker or a broker designee                                                                         
                                                                                                                                
Mr. Feeken  concluded,  in order to  implement the  education                                                                   
hour changes,  the Association requests an effective  date of                                                                   
Feb 1, 2008, the renewal date for all licensing.                                                                                
                                                                                                                                
2:37:46 PM                                                                                                                    
                                                                                                                                
Representative  Gara pointed out  sections in the  bill where                                                                   
the  crimes  for which  one  could  loose their  license  was                                                                   
changed and  asked if that  was for  the public's best.   Mr.                                                                   
Feeken  responded  that  in the  original  draft,  they  only                                                                   
addressed  the sales associate  license  & was language  that                                                                   
had  been  added  by  the  Department   of  Law,  wanting  to                                                                   
eliminate  specific crimes,  while  providing the  Commission                                                                   
latitude.                                                                                                                       
                                                                                                                                
2:39:21 PM                                                                                                                    
                                                                                                                                
Representative  Gara  countered   that  the  Department  most                                                                   
likely  wanted  to  give the  Commission  the  discretion  to                                                                   
revoke  the  license  for  any  felony.    He  asked  if  the                                                                   
Association would  object to leaving the language  the way it                                                                   
is, noting that if the felony  is already on the books, it be                                                                   
left there.  Mr. Feeken explained  that the intent was not to                                                                   
limit  it to  five;  the Commission  needs  the authority  to                                                                   
regulate people  with a license  and those wanting  to obtain                                                                   
the license should not have a  felony record.  Representative                                                                   
Gara requested  leaving the  new language  as is, but  adding                                                                   
the inclusion of old language,  which provides the Commission                                                                   
discretion to take away the felons license.                                                                                     
                                                                                                                                
2:41:50 PM                                                                                                                    
                                                                                                                                
Representative Hawker addressed  Section 7 and questioned why                                                                   
the  principal office  must share  a physical  address.   Mr.                                                                   
Feeken explained that there was  a problem with a broker that                                                                   
owned  separate  businesses  at   separate  locations.    The                                                                   
intention was to make the licensure for a single business.                                                                      
                                                                                                                                
Representative   Hawker  suggested   that   there  could   be                                                                   
occasions  when successful businesses  could have  legitimate                                                                   
occasion to  have separate offices.   Mr. Feeken  replied, in                                                                   
one  Anchorage  case,  a  broker reported  to  be  under  the                                                                   
supervision  of  a  broker  in Denver.    He  voiced  support                                                                   
maintaining the language.                                                                                                       
                                                                                                                                
2:45:25 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault questioned how  many real estate agents had                                                                   
lost their licenses due to felonies in the last five years.                                                                     
Mr. Feeken  did not  respond,  but emphasized  that it  is an                                                                   
issue  of  moral  turpitude.    He  noted  that  the  current                                                                   
Commission  denies  licenses for  Driving  While  Intoxicated                                                                   
(DWI's).  The intent is to expand the net.                                                                                      
                                                                                                                                
In response  to a question  by Co-Chair Chenault,  Mr. Feeken                                                                   
observed that  the Commission  denied a  license to  a broker                                                                   
with a multiple DWI record.  Co-Chair  Chenault said he would                                                                   
be  concerned  if  a  license  were  denied  based  on  minor                                                                   
offenses.                                                                                                                       
                                                                                                                                
2:48:46 PM                                                                                                                    
                                                                                                                                
Representative  Hawker expressed  concern with the  broadness                                                                   
of the "moral turpitude" language,  since that is indefinable                                                                   
and  objective.  Representative  Gara  agreed  with  concerns                                                                   
regarding definable terms.                                                                                                      
                                                                                                                                
HB 205 was HELD in Committee for further consideration.                                                                         
                                                                                                                                
2:51:25 PM                                                                                                                    

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