Legislature(2009 - 2010)CAPITOL 120
03/24/2009 05:00 PM House RULES
| Audio | Topic |
|---|---|
| Start | |
| HB129 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 129 | |||
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
March 24, 2009
5:02 p.m.
MEMBERS PRESENT
Representative John Coghill, Chair
Representative Bob Herron, Vice Chair
Representative Charisse Millett
Representative Kurt Olson
Representative Berta Gardner
Representative Beth Kerttula
MEMBERS ABSENT
Representative Mark Neuman
COMMITTEE CALENDAR
HOUSE BILL NO. 129
"An Act providing authority to the Real Estate Commission to
revoke real estate salesperson licenses of persons convicted of
certain crimes."
- MOVED CSHB 129(RLS) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 129
SHORT TITLE: REVOKING REAL ESTATE SALESPERSON LICENSES
SPONSOR(s): REPRESENTATIVE(s) RAMRAS
02/13/09 (H) READ THE FIRST TIME - REFERRALS
02/13/09 (H) L&C
03/02/09 (H) L&C AT 3:15 PM BARNES 124
03/02/09 (H) Moved Out of Committee
03/02/09 (H) MINUTE(L&C)
03/05/09 (H) L&C RPT 5DP
03/05/09 (H) DP: LYNN, BUCH, COGHILL, HOLMES, NEUMAN
03/24/09 (H) RLS AT 5:00 PM CAPITOL 120
WITNESS REGISTER
MARGARET DOWLING, Staff
Representative Jay Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During hearing of HB 129, explained
Amendment A.1 on behalf of the sponsor, Representative Ramras.
ACTION NARRATIVE
5:02:30 PM
CHAIR JOHN COGHILL called the House Rules Standing Committee
meeting to order at 5:02 p.m. Representatives Coghill, Herron,
Olson, Millet, Kerttula, and Gardner were present at the call to
order.
HB 129-REVOKING REAL ESTATE SALESPERSON LICENSES
5:02:39 PM
CHAIR COGHILL announced that the only order of business would be
HOUSE BILL NO. 129, "An Act providing authority to the Real
Estate Commission to revoke real estate salesperson licenses of
persons convicted of certain crimes."
5:03:06 PM
MARGARET DOWLING, Staff, Representative Jay Ramras, Alaska State
Legislature, explained that HB 129 makes a necessary correction
to the existing law. Under existing law, the Alaska Real Estate
Commission must revoke the license of a broker or an associate
broker if either was convicted of forgery, theft, extortion,
conspiracy to defraud creditors, or fraud. However, the law
doesn't apply to real estate sales people. With over 1,400
licensed sales people in the state and only 483 brokers and 411
associate brokers as of November 2008, the need is clear. Ms.
Dowling explained that after the legislation was reported from
the House Labor and Commerce Standing Committee, the Attorney
General's Office contacted the sponsor and offered a few
proposals to clarify the intent of the legislation. The sponsor
agreed to the changes, and thus the legislation and an amendment
is before the committee today.
MS. DOWLING outlined the changes to the Amendment A.1 labeled
26-LS0558\A.1, Bullard, 3/16/09, which read:
Page 1, line 1:
Delete "providing authority to"
Insert "relating to the authority of"
Page 1, lines 1 - 2:
Delete "real estate salesperson"
Page 3, line 24:
Delete "for"
Insert "to obtain or renew [FOR]"
Page 3, line 25:
Delete "AS 08.88.171(a) or (b)"
Insert "AS 08.88.171(a) - (c) [AS 08.88.171(a) OR
(b)]"
Page 3, following line 26:
Insert a new bill section to read:
"* Sec. 2. The uncodified law of the State of
Alaska is amended by adding a new section to read:
APPLICABILITY. Section 1 of this Act applies to
criminal convictions for offenses occurring before,
on, or after the effective date of this Act."
MS. DOWLING explained that the changes to page 1, line 1, and
page 1, lines 1-2, merely change the title of the legislation
such that it conforms to the [other changes embodied in
Amendment A.1] and reflects the somewhat broader scope of the
language. She related that the change to existing law by HB 129
would allow the Alaska Real Estate Commission to refuse to grant
a license or to deny the renewal of a license for those who had
been convicted of one of the listed crimes. The new language
suggested for page 3, line 24, as specified in Amendment A.1,
would clarify the aforementioned intent. The language change
proposed on page 3, line 25, is a conforming amendment that
refers to AS 08.88.171(a)-(c), which applies to salespersons.
Therefore, it's clear that the legislation applies to all three
categories of licenses: brokers, associate brokers, and
salespersons. The proposed change on page 3, following line 26,
adds a new section clarifying the legislative intent regarding
the applicability to sales people who may have been convicted of
the listed offenses prior to passage of this legislation. In
other words, if one was convicted of one of the listed crimes
the day prior to the effective date of this legislation and the
individual applied for renewal, this change would allow the
Alaska Real Estate Commission to deny renewal of that
individual's license. Again, the intent is to protect the
public interest, empower the Alaska Real Estate Commission to
appropriately regulate their own profession, and includes the
power to revoke, refuse to grant, or to deny renewal of a
salesperson's license if convicted of the listed offenses.
5:06:52 PM
REPRESENTATIVE OLSON moved to adopt Amendment A.1 [text provided
previously].
CHAIR COGHILL objected.
5:07:05 PM
REPRESENTATIVE GARDNER inquired as to the difference between a
real estate agent, real estate sales person, and real estate
licensee.
MS. DOWLING answered that statute distinguishes between the
following three different categories: broker, associate broker,
and salesperson. Each category has specific requirements for
education and hours spent. She related her understanding that
all of them refer to themselves as licensees.
5:08:10 PM
REPRESENTATIVE KERTTULA related her understanding that the
legislation is merely bringing real estate sales people into
conformance with what is existing law for brokers and associate
brokers.
MS. DOWLING replied yes.
5:08:42 PM
CHAIR COGHILL withdrew his objection. There being no further
objection, Amendment A.1 was adopted.
5:08:56 PM
REPRESENTATIVE HERRON moved to report HB 129, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 129(RLS) was
reported from the House Rules Standing Committee.
5:09:21 PM
ADJOURNMENT
The House Rules Standing Committee meeting was recessed at 5:09
p.m., to be continued at 5:00 p.m. Thursday, March 26, 2009.
[This meeting never reconvened.]
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