FEBRUARY
17, 2000
LEGISLATIVE
HEARING ALERT
for
FRIDAY, FEBRUARY 18, AT 1:30 P.M.
HOUSE HEARING ROOM "D"
HOUSE FINANCIAL INSTITUTIONS AND INSURANCE COMMITTEE
SSB 5924 - ESTABLISHING THE REAL ESTATE APPRAISER COMMISSION
The Co-Chairs have scheduled the
hearing for Friday, February 18, 2000, at 1:30 p.m,
now that SSB 5924 has passed the Senate (with 35 Yeas, 8 Nays and
6 Excused). The House Committee on Financial Institutions
and Insurance (FII) meets in House Hearing Room "D" in
the John L. O'Brien House Office Building.
The FII Co-Chairs are Representatives Brad Benson (R-6, Spokane
(Spokane)) and Brian Hatfield (D-18, Long Beach/Raymond (Pacific
and Wahkiakum, plus parts of Cowlitz and Grays Harbor)). The
Vice Chairs are Representatives Roger Bush (R-2, Bethel (Pierce))
and Jim McIntire (D-46, northeast Seattle (King)).
House committees in the Fifty-sixth Legislature (1999-2000) have
Co-Chairs, two Vice Chairs and an equal number of members representing
both of the two major parties because forty-nine Democrats and forty-nine
Republicans were elected as members to their respective caucus in
November 1998. This tie and the resultant power sharing means
that controversy must be avoided if a bill is to move forward.
Representatives Kelly Barleen (R -10, Langley (Island, plus northwest
Snohomish and southwest Skagit)), Jack Cairnes (R-47, Covington
(east King)), Richard DeBolt (R-20, Chehalis (portions of Lewis,
south Pierce and Thurston)), Karen Keiser (D-33, Des Moines (King)),
Dave Quall (D-40, Mount Vernon (San Juan, most of Skagit and southern
Whatcom)), Sharon Tomiko Santos (D-37, (southeast Seattle (King)),
Brian Sullivan (D-29, south Tacoma (Pierce)), and Gigi Talcott (R-28,
University Park (Pierce)) round out the twelve-member Financial
Institutions and Insurance Committee.
Substitute Senate Bill (SSB) 5924 is the first on the agenda.
Please be there early. Appraisers can meet at noon for lunch
or coffee in the Cafeteria in the center of the ground floor of
the Capitol (officially, the Legislative Building). Visit
the Bill Room on your way in to get a copy of SSB 5924 and much
other useful information. The Cherberg Senate Office Building
is diagonally southwest across the street from the Legislative Building.
SSB 5924 transfers appraiser input for the operation of the program
to a "real estate appraiser commission" appointed by the
Governor, replacing the "advisory committee" now appointed
by the Director of Licensing. It sets criteria for the composition
of the commission to assure that some members come from both Eastern
and Western Washington, that certified general, certified residential
and licensed appraisers are represented along with a financial institutions
and a public member, and establishes the responsibilities of the
commissioners concerning program operation and their relationship
with the Director of Licensing.
SSB 5924 is the result of more than two weeks of negotiations following
the Senate CTHF Committee's public hearing between Jim Irish and
DOL, assisted by ACOW Lobbyist T. K. Bentler (who simultaneously
has been negotiating with the banking industry lobbyists).
It was then reported out the Senate CTHF Committee with a "do
pass" recommendation. SSB 5924 preserves the ACOW goal
of creating the Real Estate Appraiser Commission (a Class III body
with rule-making powers) to replace the current Real Estate Appraiser
Advisory Committee (a Class I body with only advisory, no rule-making,
authority).
Friday's meeting originally/tentatively was for Public Hearings
on six bills, of which only SSB 5924 and SB 6760 (Safeguarding Securities)
were passed by the Senate before Tuesday's 5:00 p.m. cutoff on the
Session Calendar. Broadcast by TV Washington (TVW) also was
scheduled.
No other bills have been added, nor has the order been shuffled.
TVW coverage is unknown. Appraisers may be questioned closely.
Plan to be surprised, as new wrinkles can appear as proposed amendments
to any bill. DOL is expected to testify in favor of SSB 5924 in
its present form.
The goal of SSB 5924 is to bring parity to the way that the appraisal
profession is regulated as compared to similar and related professions.
FIRREA Section 901 defines the term "institution- affiliated
party" to include "any independent contractor (including
any attorney, appraiser, or accountant) . . .".
Neither Attorneys nor accountants, nor real estate brokers and salespersons,
nor mortgage brokers are represented in their regulatory process
by a body so powerless by statute as the Real Estate Appraiser Advisory
Committee (REAAC). 18.140 RCW presently requires a Director
only "To consider recommendations" from the REAAC, which
then can be ignored. There is no system of checks and balances.
The Director appoints, assists and considers. REAAC members
are without recourse. If we can be jailed with others, we
are entitled to equal representation.
Yesterday, Wednesday, February 16, began the Legislature's third
period when bills passed by their house of origin are considered
by the policy committee to which they have been assigned by the
opposite house. Bills from the opposite house must be reported
out of these policy committees no later than next Friday, February
25, and be considered on the floor of the opposite house by the
5:00 p.m. cutoff on Friday, March 5. This means that will
be two very hectic weeks for both legislators and ACOW (especially
for T.K. Bentler, ACOW's lobbyist).
Please contact the YOUR REPRESENTATIVES, FII Committee members,
and members of the Rules Committee once the bill is reported out
by FII. House committees have Co-Chairs and two Vice Chairs representing
both of the two major parties because forty-nine Democrats and forty-nine
Republicans were elected as members to their respective caucus in
November 1998. This tie and the resultant power sharing means
that controversy must be avoided if a bill is to move forward.
THIS IS WHERE EACH APPRAISER COUNTS. IT IS ESSENTIAL THAT
EACH OF US CALL OUR TWO REPRESENTATIVES, OR SEND AN E-MAIL, OR SEND
A MESSAGE VIA THE LEGISLATIVE HOTLINE AT 1-800-562-6000 RIGHT NOW.
Send a separate message for each
of bill, and reference it by the bill number. Your message
should ask that each of your Representatives support the bill in
the their party caucus and in floor action, and that he or she "Pull
the bill" in on the Rules Committee (if a member). The
helpful hotline staff will give you direct office phone numbers,
e-mail addresses and take a hotline message if you give them your
District Number. Bill and member information is on the web
at www.leg.wa.gov
also.
FFI had planned to hear SSB 6360 (refining temporary practice permit
issuance) on Friday also. However, the bill failed to be pulled
from the Senate Rules Committee and so was not acted upon by the
Senate as a whole. SB 6494 (increasing small claims court limits)
was made eligible by the Rules Committee for the Senate Floor Calendar,
but was not acted upon.
SB 6642 - PREVENTING REGISTERED SEX OFFENDERS AS APPRAISERS
SB 6642 has been assigned to the House Commerce and Labor (CL) Committee,
and scheduled for a hearing on Tuesday, February 22, at 6:00 p.m.
in House Hearing Room "B" in the John L. O'Brien House
Office Building. SB 6642 is the fourth of four items on the
agenda (after bills relating to motor vehicle dealers, cosmetologists
and geologists). SB 6642 establishes the basis for the non-issuance
of an appraisal certificate or license to certain registered sex
offenders in accordance with the provisions of Washington's statutes
on criminal rehabilitation (RCW 9.96A.020), and sex offenders and
kidnapping offenders registration (RCW 9A.44.130). SB 6642
was passed by the Senate (with 47 Yeas, Zero Nays and 2 Excused),
just before Tuesday's 5:00 p.m. deadline.
Jim Tesso again will testify in support as Chair of the REAAC, and
Cleotis is expected to testify also. RCW 18.140.160 (5) can
not prevent DOL's approving an application on the grounds of moral
turpitude beyond the provisions of other Washington laws.
SB 6642 is a sequel to 1999 SB 5253 which was broadly sponsored
at the request of DOL with the support of WAR, gained unanimous
passage, and was enacted by Governor Locke as Chapter 46 of 1999,
to prevent a registered sex offender from holding a real estate
license. Both bills affect only the more serious classes of
registered sex offenders, and are subject to the provisions of other
statutes by reference. Support from appraisers will lead to
CL giving a "do pass" report, encourage the Rules Committee
to send SB 6642 out for third reading and floor action, so call
your Senator to ask for that support.
MESSAGES ARE A MUST!
Contacting your own Senators and Representatives is essential.
Phone and FAX numbers, E-mail and Post Office Addressees, bill copies
and any other information which you need can be found by calling
the Legislative Hot Line at 1-800-562-6000. The illustrative
model e-mail address for "Your Favorite Legislator" is
legislator_yo@leg.wa.gov.
Use the WEB at www.leg.wa.gov
for LEGInfo, or access by FTP at ftp.leg.wa.gov
or by
E-mail at ftpmail@leg.wa.gov.
APPRAISAL NEWS IN WASHINGTON STATE
See ACOW on the Web at www.acow-wa.org
for government and public relations related to appraising.
Request ACOW E-mail from bf777@scn.org
until a listserve is implemented. Sending fewer faxes will
help to stretch ACOW's resources. No part of this effort is
too small to matter.
Go to http://www.onelist.com/subscribe.cgi/Appraisers-WA
to subscribe to newsgroup postings for appraisal business matters
of interest in
Washington State. Stay abreast of who has or needs what in
comparables. See what's hot, and what's rot.
PLEASE HELP OUR PROFESSION NOW!
Visit the ACOW web site at www.acow-wa.org
GET
INVOLVED, ACOW NEEDS YOU!
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