View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1251.......................................by COMMERCE AND HUMAN RESOURCES
REAL ESTATE - Amends existing law relating to real estate to revise the
time in which brokers, branch managers and license applicants are required
to complete certain courses; to revise the time in which a licensee may
retake certain courses for continuing education credit; to provide that the
Real Estate Commission shall determine whether certain courses are within
approved topic areas; to require certified course providers to create and
retain certain student records for a designated period of time; and to
provide for instructor teaching standards.
01/11 Senate intro - 1st rdg - to printing
01/14 Rpt prt - to Com/HuRes
02/04 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/07 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, Pearce, Richardson, Schroeder,
Siddoway, Stegner, Stennett(Thorson), Werk
NAYS -- None
Absent and excused -- Burkett, Davis, McKenzie
Floor Sponsors - Broadsword & Bilyeu
Title apvd - to House
02/08 House intro - 1st rdg - to Bus
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30), Snodgrass, Stevenson, Thayn, Thomas,
Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Henbest, Mortimer, Roberts, Smith(24)
Floor Sponsor - Killen
Title apvd - to Senate
03/12 To enrol
03/13 Rpt enrol - Pres signed - Sp signed
03/14 To Governor
03/17 Governor signed
Session Law Chapter 142
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1251 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO REAL ESTATE; AMENDING SECTION 54-2016, IDAHO CODE, TO REVISE THE 3 TIME IN WHICH CERTAIN BROKERS AND BRANCH MANAGERS ARE REQUIRED TO COMPLETE 4 A COMMISSION-APPROVED BUSINESS CONDUCT AND OFFICE OPERATIONS COURSE; 5 AMENDING SECTION 54-2022, IDAHO CODE, TO REVISE THE TIME IN WHICH CERTAIN 6 LICENSE APPLICANTS ARE REQUIRED TO COMPLETE PRELICENSE REAL ESTATE 7 COURSES, TO REVISE AN EXCEPTION AND TO MAKE TECHNICAL CORRECTIONS; AMEND- 8 ING SECTION 54-2023, IDAHO CODE, TO REVISE THE TIME IN WHICH A LICENSEE 9 MAY RETAKE CERTAIN COURSES FOR CONTINUING EDUCATION CREDIT AND TO PROVIDE 10 THAT THE REAL ESTATE COMMISSION SHALL DETERMINE WHETHER CERTAIN COURSES 11 ARE WITHIN APPROVED TOPIC AREAS ESTABLISHED BY THE COMMISSION; AMENDING 12 SECTION 54-2027, IDAHO CODE, TO REQUIRE CERTIFIED COURSE PROVIDERS TO CRE- 13 ATE AND RETAIN CERTAIN STUDENT RECORDS FOR A DESIGNATED PERIOD OF TIME; 14 AND AMENDING SECTION 54-2033, IDAHO CODE, TO PROVIDE FOR INSTRUCTOR TEACH- 15 ING STANDARDS. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 54-2016, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 54-2016. PRIMARY IDAHO LICENSES FOR LEGAL BUSINESS ENTITIES, SOLE 20 PROPRIETORSHIPS AND BRANCH OFFICES -- ADDITIONAL REQUIREMENTS. (1) Legal busi- 21 ness entities. Each legal business entity, as defined in section 54-2004, 22 Idaho Code, shall be licensed by the Idaho real estate commission to engage in 23 the real estate business in Idaho and shall make proper application, pay all 24 required fees, and meet all requirements listed below. 25 (a) Each legal business entity shall have a properly licensed individual 26 designated broker, who shall be held responsible for the activities of the 27 licensed entity. 28 (b) The individual designated broker shall, withinfivethree (53) years 29 immediately prior to the designation, satisfactorily complete a 30 commission-approved business conduct and office operations course. 31 (c) The individual designated broker shall also hold the following legal 32 position within the licensed entity: 33 (i) Corporation -- an officer; 34 (ii) Partnership or limited partnership -- a general partner; 35 (iii) Limited liability company -- a member or manager. 36 The individual designated broker for any business entity shall have full 37 authority to act on behalf of the licensed business entity, and shall sub- 38 mit sufficient and satisfactory proof thereof with the application for 39 license. Such proof shall include a list of the entity's officers, direc- 40 tors, members or managers, as reflected in the minutes, resolutions or 41 other similar business documents of the entity. All acts of that individ- 42 ual as designated broker shall be considered acts of the licensed business 43 entity. Nothing in this section is intended to create liability to a legal 2 1 business entity for illegal or fraudulent acts by the individual broker 2 performed solely on his own account. 3 (d) A license issued to a legal business entity, as defined in this chap- 4 ter, is effective only as long as the individual designated broker's 5 license is in active status and in effect. If the individual so designated 6 has a license refused, revoked, suspended or otherwise made inactive by 7 the commission, or if the individual designated broker voluntarily surren- 8 ders the individual license or ceases to be connected with the entity in 9 the manner required above, the business entity shall have ten (10) busi- 10 ness days in which to designate another qualified individual as desig- 11 nated broker before the entity's license is terminated, and the licenses 12 of all associated licensees are made inactive. 13 (e) One (1) individual may act as designated broker for more than one (1) 14 licensed business entity, however, all entities shall have their main 15 offices in the same physical location. 16 (f) Satisfactory proof of mandatory errors and omissions insurance shall 17 be provided for both the individual designated broker and the licensed 18 business entity. 19 (g) A legal business entity doing business under an assumed name shall 20 provide satisfactory proof of having legally filed a certificate of 21 assumed name with the Idaho secretary of state. 22 (2) Sole proprietorships. An individual designated broker not licensed 23 with a legal business entity, as defined in section 54-2004, Idaho Code, shall 24 be licensed as a sole proprietor. Each sole proprietorship seeking a real 25 estate license shall meet all of the following requirements: 26 (a) A licensed sole proprietor doing business under an assumed business 27 name shall provide satisfactory proof of having legally filed a certifi- 28 cate of assumed name with the Idaho secretary of state; 29 (b) Satisfactory proof of mandatory errors and omissions insurance shall 30 be provided for the licensed designated broker of a sole proprietorship; 31 (c) The individual designated broker shall have satisfactorily completed 32 a commission-approved business conduct and office operations course within 33fivethree (53) years immediately prior to the application for license. 34 (3) Multiple business names prohibited. A legal business entity or sole 35 proprietorship shall be licensed under only one (1) business name. 36 (4) Branch offices. Each branch office in which trust funds and original 37 transaction files are maintained shall be separately licensed in accordance 38 with the following: 39 (a) The designated broker establishing the branch office shall submit an 40 application, along with the required fee for the issuance or renewal of 41 the branch office license. 42 (b) The designated broker shall designate in the application a branch 43 manager, who shall be an associate broker and who, withinfivethree (53) 44 years immediately prior to the designation, shall have completed a 45 commission-approved business conduct and office operations course, to reg- 46 ularly occupy and be responsible for the supervision of the branch office. 47 Any salesperson acting as a branch manager on July 1, 2005, shall have 48 until July 1, 2006, to obtain an associate broker's license. When a branch 49 manager is a regular full-time employee or is engaged in a full-time 50 activity at a location other than the place he is licensed to do business, 51 a presumption will be made that the branch manager is unable to 52 responsibly supervise the branch; provided however, the presumption may be 53 overcome by evidence to the contrary which the commission determines to be 54 satisfactory. 55 (c) A branch manager shall not be licensed to manage more than one (1) 3 1 branch office at a time. 2 (d) A license issued to a branch office is valid and in effect only as 3 long as the license of the designated broker remains in active status. 4 (e) No separate branch office license or manager is required for business 5 locations other than the main office unless trust funds or original trans- 6 action records are kept at the branch. 7 (f) If a separate real estate trust account is maintained for a branch 8 office, all records and related files for that account shall be maintained 9 at the branch office. 10 (g) Each branch office or business location, whether separately licensed 11 or not, shall conduct business only in the licensed name of the legal 12 entity or sole proprietor. 13 SECTION 2. That Section 54-2022, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 54-2022. REAL ESTATE EDUCATION -- PRELICENSE REQUIREMENTS. (1) Except as 16 provided in section 54-2015, Idaho Code, an applicant seeking a primary Idaho 17 license as a real estate salesperson, broker or associate broker shall furnish 18 satisfactory proof to the commission that the applicant has successfully com- 19 pleted current commission-approved and accredited courses of real estate study 20 as follows: 21 (a) Salesperson's license. For a salesperson's license, the applicant 22 shall complete a total of ninety (90) classroom hours,or the equivalent 23 in available correspondence hours; 24 (b) Broker's or associate broker's license. Applicants seeking a broker's 25 or associate broker's license shall, in addition to meeting the require- 26 ments for a salesperson's license, successfully complete four (4) speci- 27 fied courses in advanced real estate study, for a minimum of ninety (90) 28 additional classroom hours, or the equivalent in available correspondence 29 hours. 30 (2) Each applicant shall successfully complete all prelicense real estate 31 courses within no more thanfivethree (53) years prior to the date of the 32 license application. However, upon written request for special consideration 33 by the license applicant, the commission may waive or modify thefive-year34 three-year requirement at its discretion, based on the applicant's experience 35 or additional education. Each waiver request shall be submitted with a current 36 certified license history from Idaho or the applicant's other licensing juris- 37 diction, which history shall indicate all disciplinary actions taken against 38 the applicant's license and the status and standing of such license in such 39 licensing state or jurisdiction, along with sufficient proof of education com- 40 pletion. 41 (3) To receive credit for prelicense real estate courses, a student 42 must regularly attend and complete the course, and such course must meet all 43 requirements set forth in section 54-2036, Idaho Code. 44 (4) No credit will be given for courses taken for audit. 45 (5) Credit for completion of approved prelicense educationcourse work46 coursework will not be granted when the content of a course repeats that for 47 which credit has been previously received. 48 (6) Upon written request from a license applicant, the commission may 49 waive or modify one (1) or more prelicense course requirements based upon the 50 applicant's satisfactory completion of similar real estate courses in Idaho or 51 another state or jurisdiction. The request for waiver shall be accompanied by 52 an official transcript from the institution that provided the course of 53 instruction, along with a description of the subjects covered in the course 4 1 and the number of classroom hours involved in the instruction. "Satisfactory 2 completion" means the applicant regularly attended the course and received a 3 final grade of "C" or better. 4 SECTION 3. That Section 54-2023, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 54-2023. CONTINUING EDUCATION REQUIREMENTS. Each licensee applying to 7 renew an Idaho real estate license on active status, and each Idaho licensee 8 applying to change from inactive to active license status, shall successfully 9 complete a commission core course, plus the required number of classroom hours 10 of commission-approved or certified continuing education coursework as pro- 11 vided in this section. 12 (1) Required number of classroom hours. The required number of classroom 13 hours is as follows: 14 (a) Renewing license on active status. A licensee renewing on active sta- 15 tus must successfully complete a commission core course, plus sixteen (16) 16 classroom hours of continuing education, on or before the current license 17 expiration date. 18 (b) Change from inactive to active. Unless the licensee is within the 19 initial licensing period, a licensee changing from inactive to active 20 license status shall complete a commission core course, plus sixteen (16) 21 classroom hours of continuing education, before he can change to active 22 license status. If the inactive licensee is within his initial licensing 23 period, no continuing education is required to change to active license 24 status. 25 (2) No duplicate credit. No licensee may obtain continuing education 26 credit for completing: 27 (a) Any core course curriculum for which he has previously received con- 28 tinuing education credit; or 29 (b) Any course curriculum for which he has received continuing education 30 credit in the same license period. 31 (3) Excess credits. The classroom hours shall apply to the license period 32 in which such course is completed; hours completed in excess of those required 33 for the license period shall not accumulate or be credited for the purposes of 34 subsequent license renewal periods. 35 (4) Commission-ordered education. No licensee shall obtain continuing 36 education credit for education ordered by the commission as part of a disci- 37 plinary action. 38 (5) Obtaining continuing education classroom hours. In order to obtain 39 continuing education classroom hours, a licensee must: 40 (a) Successfully complete a commission-approved continuing education 41 course; 42 (b) Successfully complete a commission-approved continuing education 43 challenge exam; 44 (c) Attend an entire regularly-scheduled meeting of the commission. A 45 maximum of four (4) hours for this activity shall be credited for any one 46 (1) meeting in any one (1) license period; 47 (d) Successfully complete a commission-approved broker prelicense course, 48 or a commission-approved continuing education challenge exam, in advanced 49 real estate study. Continuing education credit may be obtained for retak- 50 ing the same broker prelicense course or challenge exam only if completed 51 afterfivethree (53) years of completing the previous course or challenge 52 exam; or 53 (e) Provide to the commission a transcript or course completion certifi- 5 1 cate of successful completion of any of the following courses without com- 2 mission preapproval of the curriculum, instructors or providers: 3 (i) Professional designation courses. Any course developed by 4 national professional organizations that is required in order to earn 5 professional designations from a national organization in special- 6 ized areas of licensed real estate practice; 7 (ii) Courses accredited by another profession or jurisdiction. Any 8 course approved by and offered in satisfaction of another profes- 9 sional or occupational licensing authority's education requirements, 10 if the commission determines that the course is within the approved 11 topic areas established by the commission; or 12 (iii) Courses offered by an accredited college or university. Any 13 course offered in satisfaction of a degree requirement by an accred- 14 ited college or university if the commission determines that the 15 course is within the approved topic areas established by the commis- 16 sion. 17 (f) If a certified course instructor, teach a live course for which con- 18 tinuing education credit may be obtained. Credits shall be granted for the 19 number of classroom hours taught. 20 (6) Licensee duty to keep satisfactory proof. The licensee shall keep 21 satisfactory proof of having completed the continuing education requirement 22 and shall submit such proof at the request of the commission as provided in 23 section 54-2018, Idaho Code. 24 (7) Provisional license -- Extension of time. A three-month extension of 25 time for completing the education requirements may be obtained by submitting 26 with the renewal application, or application to activate, satisfactory evi- 27 dence showing that the applicant was unable to comply with such education 28 requirements. Such evidence shall be: 29 (a) Bona fide hardship preventing completion of the reinstatement 30 requirements of an inactive license; 31 (b) Health reasons preventing attendance or completion; 32 (c) Active duty in the military service with assignment to a permanent 33 duty station outside of the state during the last twelve (12) months of a 34 license period; or 35 (d) Other compelling cause beyond the control of the applicant while 36 engaged in the real estate business. 37 If such an extension is granted, the licensee shall receive a provisional 38 license for a period of time not to exceed three (3) months. No further exten- 39 sion of time may be granted. A license issued or renewed after an extension of 40 time has been granted shall retain the original license expiration date. Fail- 41 ure to satisfy the continuing education requirement within the time granted 42 shall result in the automatic inactivation of the license. 43 SECTION 4. That Section 54-2027, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 54-2027. DUTIES AND REQUIREMENTS OF ALL CERTIFIED COURSE PROVIDERS. Fail- 46 ure of a certified course provider to comply with the following duties and 47 requirements shall be grounds for the commission to withdraw or cancel the 48 provider's certification for cause. 49 (1) Discrimination prohibited. Each certified course provider shall at 50 all times be in compliance with state and federal laws, rules and regulations 51 regarding all aspects of equal opportunity and protection of civil rights. No 52 course provider shall engage in discriminatory practices, nor allow their 53 course instructor, or method of delivery to violate laws prohibiting discrimi- 6 1 nation. Each course provider will fully comply with any requirements of the 2 Americans with disabilities act regarding access to and delivery of its 3 courses, including the provision of accessible facilities and reasonable 4 accommodations for students. 5 (2) Open access to course offerings. Registration and attendance at all 6 certified courses offered for credit toward the education requirements of this 7 chapter shall be open to all persons meeting normal course prerequisites; pro- 8 vided however, a certified course provider located in or affiliated with a 9 licensed real estate brokerage company or professional association may refuse 10 access to any licensee or unlicensed person based on that licensee's or unli- 11 censed person's affiliation with another organization or brokerage company, or 12 the licensee's or unlicensed person's membership status in any professional 13 organization unless such course provider has received financial support from 14 the commission for its particular course offering. Nothing in this section 15 shall restrict a course provider from charging a separate and reasonable 16 course fee to nonaffiliated or nonmember licensees or unlicensed persons. 17 (3) Disclosure of fees. All fees charged to a student by a course pro- 18 vider shall be specified separately in writing. If additional fees are charged 19 for supplies, materials or books required for coursework, such fees shall be 20 itemized by the provider and, upon payment of such fees, the supplies, mate- 21 rials or books shall become the property of the student. All fees and the man- 22 ner in which they are to be paid shall be stated in a student contract, in a 23 form approved by the commission. The student contract shall expressly include 24 the provider's policy regarding the return of fees in the instance where the 25 student is dismissed or voluntarily withdraws from the course. 26 (4) Facilities and supportive personnel. The provider shall provide the 27 facilities and all supportive qualified personnel or approved proctors neces- 28 sary to adequately implement its real estate program. 29 (5) Student records and other requirements. Each Idaho certified course 30 provider shall comply with the following requirements: 31 (a) Records.Maintain fFor each individual student, create and retain for 32 a period of five (5) years, a complete, accurate and detailed record 33 which shall include the total number of hours of instruction undertaken 34 and satisfactorily or unsatisfactorily completed in the area of study; 35 (b) Course completion lists. Within five (5) working days after conclu- 36 sion of each course of instruction, the provider shall submit to the coun- 37 cil or commission an alphabetical list which shall include the names, 38 addresses, and social security numbers or, if licensed, the license num- 39 bers, of the students completing the course of instruction, the name of 40 the course, the name of the instructor, the number of hours included in 41 the course, the date of the course and the location. The list shall be 42 certified by the instructor from whom the students received instruction 43 and an authorized representative of the provider; 44 (c) Grades. The provider will provide written notification to students 45 who successfully or unsuccessfully complete a course within thirty (30) 46 days of the course completion date; 47 (d) Evaluations. Upon the conclusion of each course, the provider shall 48 collect written evaluations from students for the course and instructor, 49 using an evaluation form approved by the commission. The provider shall 50 keep such evaluations for a period of one (1) year from the course comple- 51 tion date. Upon written request from the commission, the provider shall 52 submit either the student evaluations for the course and instructor, or a 53 written summary of those evaluations using a form approved by the commis- 54 sion. 55 (e) Course schedules. Each provider shall submit schedules of courses and 7 1 instructors as requested by the commission and submit changes promptly as 2 they occur. Whenever there is a change in a course including, but not lim- 3 ited to, a change in curriculum, course length or instructor, the pro- 4 vider shall promptly notify the commission in writing of the change. 5 (6) Instructors. A certified provider may offer a continuing education 6 elective course without obtaining approval or certification for the course 7 instructor; provided however, the provider shall take reasonable steps to 8 ensure that the instructor is competent to teach the course and shall maintain 9 resumes or other biographical information that documents the qualifications of 10 the instructor. The provider shall make such documentation available to the 11 public and commission upon written request. A course provider shall not offer 12 for credit any course that is being taught below the minimum teaching stan- 13 dards established by the commission or that is being taught in a manner that 14 is detrimental to the purpose of educating licensees. 15 (7) Posting and recording fees. The commission may require that course 16 providers pay to the commission a nonrefundable posting and recording fee to 17 defray normal expenses incurred in maintaining the certificate program. The 18 fee amount shall be established by the commission by motion. 19 (8) Advertising restrictions: 20 (a) Providers may advertise that they are currently certified by the com- 21 mission, if current certification has been approved, but no such advertis- 22 ing may state or imply that the provider is an agency of the commission or 23 the council; 24 (b) No course provider shall provide any information to the public or to 25 prospective students which is misleading in nature. Information is mis- 26 leading when, taken as a whole, there is distinct probability that it will 27 deceive the persons whom it is intended to influence. 28 (9) Changes in certification. Certification shall be granted to the par- 29 ticular provider for the specific ownership, provider location, and named 30 individual in charge as designated in the application for certification. Any 31 changes in ownership, provider location, or provider name, or named individual 32 in charge must be submitted for approval to the commission, at least one (1) 33 month in advance of the effective date of the proposed changes. 34 SECTION 5. That Section 54-2033, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 54-2033. INSTRUCTOR QUALIFICATIONS. (1) Qualified instructors at degree- 37 granting institutions. A qualified or full-time instructor or professor of an 38 accredited college or university in any state or jurisdiction and who teaches 39 real estate-related courses is deemed to be an approved instructor of such 40 courses, in Idaho, for the purposes of this chapter. 41 (2) Other instructor applicants. All other individuals wishing to teach 42 any real estate courses for credit toward Idaho prelicense requirements, 43 including the business conduct and office operations course, or the commission 44 continuing education core course requirements must first meet the following 45 additional qualifications and receive separate certification for each course 46 to be taught: 47 (a) Unless this requirement is waived upon special review of the commis- 48 sion in the manner stated below, no individual instructor seeking certifi- 49 cation may have had a real estate or other professional or occupational 50 license suspended or revoked for disciplinary reasons or have been refused 51 a renewal of a license issued by the state of Idaho or any other state or 52 jurisdiction. Further, the individual may not have been convicted, issued 53 any fine, placed on probation, received a withheld judgment, or completed 8 1 any sentence of confinement for or on account of any felony, or any mis- 2 demeanor involving fraud, misrepresentation, or dishonest or dishonorable 3 dealing, in a court of proper jurisdiction. The failure of a certified 4 instructor to maintain the qualifications required by this subsection 5 shall be grounds for the commission to withdraw or cancel the instructor's 6 certificate as provided in section 54-2025(3), Idaho Code. 7 (b) Each applicant for certification shall also: 8 (i) Submit a completed application for instructor certification in 9 the form and manner required by the commission, with all required 10 fees; 11 (ii) File an executed "irrevocable consent to service of process" in 12 the manner and form prescribed by the commission and according to 13 section 54-2012(1)(j), Idaho Code; 14 (iii) Qualify as at least one (1) of the following: 15 1. An attorney at law actively licensed in any state or juris- 16 diction with at least five (5) years of active practice in the 17 areas of study proposed to be taught, and who has also success- 18 fully completed a commission-approved instructor training course 19 or procedure, including an assistant teaching period; 20 2. An individual currently approved or certified and in good 21 standing as a real estate instructor for the same or similar 22 course material in any other state or jurisdiction; 23 3. An individual who is appointed to teach a nationally recog- 24 nized real estate course which is generally accepted in other 25 states or jurisdictions; or 26 4. An individual with at least five (5) years active real 27 estate-related experience who has also successfully completed a 28 commission-approved instructor training procedure, including an 29 assistant teaching period. 30 (3) Instructor teaching standards. An instructor certified to teach any 31 real estate course for credit toward the requirements of this chapter shall 32 comply with the minimum teaching standards established by the commission. A 33 certified instructor shall not teach the course in a manner that is detrimen- 34 tal to the purpose of educating licensees.
STATEMENT OF PURPOSE
RS 17368
This bill revises certain provisions related to the educational
requirements of real estate licensees. The purpose of these revisions
is to ensure that the licensee’s education is current in time, is
relevant to the practice of real estate, and is delivered by competent
instructors. It also clarifies a provider’s recordkeeping duties.
Specifically, this legislation:
1. Amends sections 54-2016(1)(b) and (2)(c), and 54-2022(2), Idaho
Code, by reducing the number of years, from five to three, that
course credits can be applied toward the licensing requirements,
and likewise amends section 54-2023(5)(d) by reducing the number
of years, from five to three, that a licensee must wait before
repeating, for continuing education credit, a broker-level class;
2. Amends Section 54-2023(5)(e)(i) and (ii) to provide Commission
oversight to ensure that certain continuing education courses not
otherwise requiring Commission certification, are indeed “within
the topic areas” for which a licensee may obtain continuing
education credit;
3. Amends Section 54-2027(5)(a), to specify a five-year retention
period for student records; and
4. Amends Section 54-2033, by adding the requirement that certified
instructors comply with the minimum teaching standards of the
Commission, and to require that certified instructors not teach
in a manner that is detrimental to the purpose of educating
licensees.
This legislation results from the collaborative efforts between the
Commission and industry representatives of the regulated community,
including real estate practitioners, education providers and
instructors.
This legislation is Co-Sponsored by the Idaho Association of Realtors.
FISCAL NOTE
None to the General Fund.
None to IREC.
None to any other state or local political subdivision.
CONTACT
Name: Jeanne Jackson-Heim
Agency: Real Estate
Phone: 334-3285
STATEMENT OF PURPOSE/FISCAL NOTE S 1251