SENATE BILL NO. 1242

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Bill Status



S1242.......................................by COMMERCE AND HUMAN RESOURCES
REAL ESTATE BROKERS - SALESPERSONS - Amends existing law relating to real
estate brokers and salespersons to govern the use of amounts collected from
civil penalties.
                                                                        
01/28    Senate intro - 1st rdg - to printing
01/29    Rpt prt - to Com/HuRes
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Hill, Richardson
    Floor Sponsor - Noble
    Title apvd - to House
02/25    House intro - 1st rdg - to Bus
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 66-1-3
      AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Langford, Langhorst, Martinez, McGeachin, McKague,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Kulczyk
      Absent and excused -- Barrett, Lake, Wood
    Floor Sponsor - Gagner
    Title apvd - to Senate
03/10    To enrol
03/11    Rpt enrol - Pres signed
03/12    Sp signed
03/15    To Governor
03/19    Governor signed
         Session Law Chapter 121
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1242
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO REAL ESTATE BROKERS AND SALESPERSONS;  AMENDING  SECTION  54-2059,
  3        IDAHO CODE, TO GOVERN THE USE OF AMOUNTS COLLECTED FROM CIVIL PENALTIES.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section 54-2059, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        54-2059.  DISCIPLINARY POWERS -- REVOCATION, SUSPENSION  OR  OTHER  DISCI-
  8    PLINARY  ACTION.  (1)  The  commission  may temporarily suspend or permanently
  9    revoke licenses issued under the provisions of this chapter,  issue  a  formal
 10    reprimand  and impose a civil penalty in an amount not to exceed five thousand
 11    dollars ($5,000), and assess costs and attorney's fees for  the  cost  of  any
 12    investigation and administrative or other proceedings against any licensee who
 13    is  found  to  have  violated  any section of the Idaho Code, the commission's
 14    administrative rules or any order of the commission.  The  executive  director
 15    may  issue informal letters of reprimand to licensees without civil penalty or
 16    cost assessment.
 17        The commission may impose a civil penalty in an amount not to exceed  five
 18    thousand dollars ($5,000) and assess costs and attorney's fees for the cost of
 19    any  investigation  and administrative or other proceedings against any person
 20    who is found, through a court or  administrative  proceeding,  to  have  acted
 21    without  a license in violation of section 54-2002, Idaho Code. The civil pen-
 22    alty provisions of this section are in addition to and  not  in  lieu  of  any
 23    other  actions  or  criminal  penalties  for acting as a broker or salesperson
 24    without a license which might be imposed by other sections of this chapter  or
 25    Idaho law.
 26        The commission may also accept, on such conditions as it may prescribe, or
 27    reject any offer to voluntarily terminate the license of a person whose activ-
 28    ity is under investigation or against whom a formal complaint has been filed.
 29        (2)  If  the  commission suspends or revokes a license, or imposes a civil
 30    penalty, or assesses costs and attorney's fees, the  commission  may  withhold
 31    execution  of the suspension, revocation or civil penalty, or costs and attor-
 32    ney's fees on such terms and for such time as it may prescribe.
 33        (3)  If any amounts assessed against a defendant by  final  order  of  the
 34    commission  become  otherwise uncollectible or payment is in default, and only
 35    if all the defendant's rights to appeal have passed, the commission  may  then
 36    proceed  to district court and seek to enforce collection through judgment and
 37    execution.
 38        (4)  All civil penalties, costs, and attorney's fees collected by the com-
 39    mission under this chapter shall be deposited in the  state  treasury  to  the
 40    credit  of  the special real estate fund established by section 54-2021, Idaho
 41    Code. Any amounts of civil penalties  so  collected,  deposited  and  credited
 42    shall  be  expended for exclusive use in developing and delivering real estate
 43    education to benefit Idaho real estate licensees.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 13471
This bill is in response to last year's concerns with the
appropriate dedication and use of disciplinary fine moneys
collected by the Commission.  A consensus of industry
representatives and the Commission determined that such moneys
should not be used for the general public, but should be used to
benefit real estate licensees, specifically, by providing education
with the aim of decreasing licensee violations.  This bill would
require that all fine moneys collected by the Commission as a
result of any disciplinary action (which includes the citation
program) be used exclusively for the development and delivery of
real estate education in for the benefit of Idaho licensees.


                         FISCAL  IMPACT
None to the General Fund, as no General Fund dollars are used by
IREC.

None to any political subdivisions, as IREC is funded primarily
from license fees.

None to the Agency.



CONTACT   
Name:     Donna Jones
Agency:   Real Estate Commission
Phone:    334-3284  ext. 232

Statement of Purpose/Fiscal Impact                S 1242