HOUSE BILL REPORT

                  SB 6642

             As Reported By House Committee On:

                      Commerce & Labor

Title:  An act relating to grounds for disciplinary action against a licensed or certified real estate appraiser.

Brief Description:  Preventing a registered sex offender from holding a real estate appraiser license or certificate.

Sponsors:  Senators Benton, Heavey, Shin and Oke.

Brief History:

  Committee Activity:

Commerce & Labor:  2/22/00, 2/23/00 [DP].

                 Brief Summary of Bill

$Allows the Department of Licensing to deny, suspend, or revoke the license of a real estate appraiser who is a sex offender for as long as the offender is required to be registered.

HOUSE COMMITTEE ON COMMERCE & LABOR

Majority Report:  Do pass.  Signed by 7 members:  Representatives Clements, Republican Co-Chair; Conway, Democratic Co-Chair; B. Chandler, Republican Vice Chair; Wood, Democratic Vice Chair; Hurst; McIntire and McMorris.

Staff:  Chad Barnes (786-5793).

Background:

The Department of Licensing oversees the licensing and discipline of real estate appraisers.  The director may deny an application for an appraiser license or if the person is already licensed may suspend, revoke, or levy a fine against the person, if the director finds he or she has violated one of the statutorily enumerated grounds for discipline.  Crimes of moral turpitude, such as sex offenses, are among the grounds for which the director may deny, suspend, or revoke a license or levy a fine against a person.

A person convicted of a sex offense must register with the sheriff in the county of their residence when released from incarceration.  Depending on the level of the crime committed, sex offenders must register for life, 15 years, or 10 years.

The director's ability to deny a license to a person who has committed a crime of moral turpitude is limited by a statutory restriction that convictions more than 10 years prior may not be used as a basis to deny a professional license.  However, such a conviction may be considered.  Consequently, after 10 years the director cannot deny a sex offender an appraiser license based solely upon his or her previous conviction.

Summary of Bill:

 The general 10 year limitation on using a prior conviction as a basis to deny, suspend, or revoke a license no longer applies to sex offenders.  Therefore, the director of the Department of Licensing may deny, suspend, or revoke the license of a sex offender for as long as the offender is required to be registered.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Real estate appraisers are in a position of public trust and should be held to a high standard of conduct.  The Department of Licensing needs the authority to prevent a sex offender from holding a real estate appraiser license.   

Testimony Against:  None.

Testified:  Jim Tesso, Appraisers Coalition of Washington; and Cleotis Borwer, Department of Licensing.