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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
]]]] 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
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