SENATE BILL REPORT

                   SB 6642

              As Passed Senate, February 15, 2000

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, Trade, Housing & Financial Institutions:  2/3/2000 [DP].

Passed Senate, 2/15/2000, 47-0.

SENATE COMMITTEE ON COMMERCE, TRADE, HOUSING & FINANCIAL INSTITUTIONS

Majority Report:  Do pass.

  Signed by Senators Prentice, Chair; Shin, Vice Chair; Benton, Gardner, Hale, Rasmussen and T. Sheldon.

Staff:  Susan Jones (786-7784)

Background:  The Department of Licensing administers the real estate appraiser licensing program.  The department may discipline an appraiser if the director finds a violation of one of the grounds for discipline.  Once the director finds that an individual violated one of the grounds for discipline, the director may deny, suspend, or revoke the license or certificate, or may levy a fine for each offense.

One of the grounds for discipline is conviction of any gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption.  Persons convicted of sexual offenses must register after their release from incarceration.  Depending on the level of the crime committed, sex offenders register for life, 15 years or 10 years.

The director's ability to deny a license to a registered sex offender may be limited by a statutory restriction that a person is not disqualified to practice in an licensed occupation solely because of a prior felony conviction.  However, the conviction may be considered.  A person may be denied a license if the felony for which he or she was convicted directly relates to the licensed occupation and the conviction occurred less than 10 years ago.

Summary of Bill:  The law provides that a person is not disqualified to engage in a licensed occupation solely because of a prior felony conviction and that a license may be denied if the conviction directly relates to the licensed occupation and occurred less than 10 years ago.  However, this law does not apply to a registered sex offender under the real estate appraiser program.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  A real estate appraiser may have access to a home through a lock box if the appraiser signs an agreement with a multiple listing agency.  Real estate appraisers are in positions of public trust.

Testimony Against:  None.

Testified:  PRO:  Jim Tesso, ACOW; Cleotis Borner, Department of Licensing