PLEASE NOTE:

THIS DOCUMENT INCLUDES BOTH THE BILL AND ALSO A TRANSMITTAL LETTER THAT CONTAINS PASSED AMENDMENTS BUT NOT INCORPORATED INTO THE BILL.

March 3, 2004 (9:53pm)

Mr. Speaker:

             The Senate passed H.B. 357, CONTINUING EDUCATION FOR REAL ESTATE PROFESSIONALS, by Representative J. S. Adams, with the following amendments:

1.       Page 1, Line 12

12   This bill:

2.       Page 3, Line 59

59      (B) by

3.       Page 3, Line 79

   79    education

(A) IN ADDITION TO THE REQUIREMENTS FOR A TIMELY RENEWAL; AND

(B) ON A SUBJECT 

4.       Page 3, Line 85 through Page 4, Line 91

   85    (3)

   86    division with proof of:

   87    

   88    within six months prior to

   89    

  90     under Subsection (2)(a)

  91     rule

          (i) 

          (ii)    HOW LONG PRIOR TO REACTIVATION THE CONTINUING EDUCATION MUST HAVE BEEN COMPLETED 

and it is transmitted to the House for consideration.

                                                                               Respectfully,

                                                                                           Annette B. Moore

                                                                              Secretary of the Senate

17 hb0357.amd.wpd 9:53 pm TCL/rday

1                              CONTINUING EDUCATION FOR REAL

2                                          ESTATE PROFESSIONALS

3                                                        2004 GENERAL SESSION

4                                                               STATE OF UTAH

5                                                     Sponsor: J. Stuart Adams

6

7LONG TITLE

8General Description:

9          This bill modifies provisions related to continuing education requirements for real

10estate licensees.

11Highlighted Provisions:

12        This bill:

13        ►    includes military service as one reason a person may be exempted from certain

14continuing education requirements; and

15        ►    makes technical changes.

16Monies Appropriated in this Bill:

17        None

18Other Special Clauses:

19        None

20Utah Code Sections Affected:

21AMENDS:

22        61-2-9, as last amended by Chapter 264, Laws of Utah 2003

23

24Be it enacted by the Legislature of the state of Utah:

25        Section 1. Section 61-2-9 is amended to read:

26        61-2-9. Examination and license fees -- Background check -- Renewal of licenses

27-- Education requirements -- Activation of inactive licenses -- Recertification -- Licenses

28of firm, partnership, or association -- Miscellaneous fees.

29        (1) (a) Upon filing an application for a principal broker, associate broker, or sales agent

30license examination, the applicant shall pay a nonrefundable fee as determined by the

31commission with the concurrence of the division under Section 63-38-3.2 for admission to the

32examination.

33        (b) A principal broker, associate broker, or sales agent applicant shall pay a

34nonrefundable fee as determined by the commission with the concurrence of the division under

35Section 63-38-3.2 for issuance of an initial license or license renewal.

36        (c) Each license issued under this subsection shall be issued for a period of not less

37than two years as determined by the division with the concurrence of the commission.

38        (d) (i) Any new sales agent applicant shall submit fingerprint cards in a form

39acceptable to the division at the time the license application is filed and shall consent to a

40fingerprint background check by the Utah Bureau of Criminal Identification and the Federal

41Bureau of Investigation regarding the application.

42        (ii) The division shall request the Department of Public Safety to complete a Federal

43Bureau of Investigation criminal background check for each new sales agent applicant through

44the national criminal history system (NCIC) or any successor system.

45        (iii) The cost of the background check and the fingerprinting shall be borne by the

46applicant.

47        (e) (i) Any new sales agent license issued under this section shall be conditional,

48pending completion of the criminal background check. If the criminal background check

49discloses the applicant has failed to accurately disclose a criminal history, the license shall be

50immediately and automatically revoked.

51        (ii) Any person whose conditional license has been revoked under Subsection (1)(e)(i)

52shall be entitled to a post-revocation hearing to challenge the revocation. The hearing shall be

53conducted in accordance with Title 63, Chapter 46b, Administrative Procedures Act.

54        (2) (a) (i) A license expires if it is not renewed on or before its expiration date.

55[Effective January 1, 1992,]

56        (ii) As as a condition of renewal, each active licensee shall demonstrate competence:

57        (A) by viewing an approved real estate education video program and completing a

58supplementary workbook[,]; or [complete]

59        (B) by competing12 hours of professional education approved by the division and

60commission within each two-year renewal period.

61        (iii) The division with the concurrence of the commission shall certify education which

62may include[, but shall not be limited to,] state conventions, home study courses, video

63courses, and closed circuit television courses.

64        (iv) The commission with concurrence of the division may exempt a licensee from this

65education requirement for a period not to exceed four years:

66        (A) upon a finding of reasonable cause, including military service; and

67        (B) under conditions established by rule made in accordance with Title 63, Chapter

6846a, Utah Administrative Rulemaking Act.

69        (b) For a period of 30 days after the expiration date, a license may be reinstated upon

70payment of a renewal fee and a late fee determined by the commission with the concurrence of

71the division under Section 63-38-3.2 and upon providing proof acceptable to the division and

72the commission of the licensee having completed the hours of education or demonstrated

73competence as required under Subsection (2)(a).

74        (c) After this 30-day period, and until six months after the expiration date, the license

75may be reinstated by:

76        (i) paying a renewal fee and a late fee determined by the commission with the

77concurrence of the division under Section 63-38-3.2;

78        (ii) providing to the division proof of satisfactory completion of 12 hours of continuing

79education, the subject of which shall be determined by the commission by rule; and

80        (iii) providing proof acceptable to the division and the commission of the licensee

81having completed the hours of education or demonstrated competence as required under

82Subsection (2)(a).

83        (d) A person who does not renew his license within six months after the expiration date

84shall be relicensed as prescribed for an original application.

85        (3) As a condition for the activation of an inactive license, a licensee shall supply the

86division with proof of:

87        (a) successful completion of the respective sales agent or broker licensing examination

88within six months prior to activation; or

89        (b) the successful completion of the number of hours of continuing education required

90under Subsection (2)(a) within one year before activation. The commission may establish by

91rule the nature or type of continuing education required for reactivation.

92        (4) A principal broker license may be granted to a corporation, partnership, or

93association if the corporation, partnership, or association has affiliated with it an individual

94who has qualified as a principal broker under the terms of this chapter, and who serves in the

95capacity of a principal broker. Application for the license shall be made in accordance with the

96rules adopted by the division with the concurrence of the commission.

97        (5) The division may charge and collect reasonable fees determined by the commission

98with the concurrence of the division under Section 63-38-3.2 to cover the costs for:

99        (a) issuance of a new or duplicate license;

100      (b) license histories or certifications;

101      (c) certified copies of official documents, orders, and other papers and transcripts;

102      (d) certifying real estate schools, courses, and instructors, the fees for which shall,

103notwithstanding Section 13-1-2, be deposited in the Real Estate Education, Research, and

104Recovery Fund; and

105      (e) other duties required by this chapter.

106      (6) If a licensee submits or causes to be submitted a check, draft, or other negotiable

107instrument to the division for payment of fees, and the check, draft, or other negotiable

108instrument is dishonored, the transaction for which the payment was submitted is void and will

109be reversed by the division if payment of the applicable fee is not received in full.

110      (7) The fees under this chapter and the additional license fee for the Real Estate

111Education, Research, and Recovery Fund under Section 61-2a-4 are in lieu of all other license

112fees or assessments that might otherwise be imposed or charged by the state or any of its

113political subdivisions, upon, or as a condition of, the privilege of conducting the business

114regulated by this chapter, except that a political subdivision within the state may charge a

115business license fee if the licensee maintains a place of business within the jurisdiction of the

116political subdivision. Unless otherwise exempt, each licensee under this chapter is subject to

117all taxes imposed under Title 59, Revenue and Taxation.

Legislative Review Note

as of 2-5-04 8:52 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel