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Minutes for SB60 - Committee on Commerce

Short Title

Amending Kansas real estate commission licensing provisions for brokers and sales persons.

Minutes Content for Thu, Feb 14, 2019

Chairperson Lynn opened the meeting on SB 60 and requested Revisor Charles Reimer to provide an overview of the bill.

Chairperson Lynn recognized Erik Wisner, Executive Director, Kansas Real Estate Commission (Commission), who provided testimony in support of the bill.  Over the last four years, the Commission has researched and reviewed the Kansas Real Estate Brokers' and Salespersons' Act (Act) in order to address statutory language that Commission staff and licensees have determined needs updated.  During that time the real estate industry has moved to doing most processes online.  The Commission believes the license law must be updated to reflect changes in the industry.  The amendments proposed in SB 60 were vetted with industry or developed by task forces comprised of licensees to ensure they would have a positive impact on the industry while protecting the public interest in transacting real estate.  Mr. Wisner provided a summary of the proposed changes.  (Attachment 1)

Senator Givens requested Mr. Wisner to explain the purpose of the pre-license education hours requirement in addition to the passing of an exam.  Mr. Wisner responded the pre-license education requirement prepares brokers to run a brokerage once they have passed the necessary exam and obtained a license.     

Senator Holland asked several questions relating to the roles and experience levels of sales persons, associate brokers and supervising brokers.  Senator Holland asked Mr. Wisner to explain the purpose of the look-back period for broker experience.  Mr. Wisner responded the purpose of the look-back period is to emphasize that the experience level of the broker with real estate transactions has been recent. 

Senator Alley requested Mr. Wisner to review the revision on page 2, line 14 of the bill,  concerning the request from the FBI regarding release of adult conviction records.    

Chairperson Lynn recognized Patrick Vogelsberg, Vice President of Government Affairs, Kansas Association of Realtors (KAR), who provided testimony in support of the bill.  KAR appreciates the Commission introducing this legislation to strengthen the licensing and education requirements for real estate brokers in the state of Kansas.  As the real estate industry continues to evolve and become more complex, KAR feels it is necessary to continually update and strengthen the requirements of licensure to ensure that consumers are provided with quality service by qualified and professional individuals.  Mr. Vogelsberg noted enhancements to broker education requirements and changes to the experience look-back period requirements.  (Attachment 2)

Mr. Vogelsberg indicated the real estate industry is taking measures to provide education concerning consumer protection and data security as it relates to identity theft and fraud.  

Chairperson Lynn closed the hearing on SB 60

The meeting adjourned at 9:20 a.m.  The next meeting is scheduled for February 19, 2019.