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S1257.......................................by COMMERCE AND HUMAN RESOURCES
REAL ESTATE - Amends existing law to provide for certification and
recertification fees for real estate education providers, instructors and
courses.
01/11 Senate intro - 1st rdg - to printing
01/14 Rpt prt - to Com/HuRes
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Malepeai(Sagness), McGee, McKague, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Lodge, McKenzie
Floor Sponsor - Broadsword
Title apvd - to House
02/14 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 - 65-0-5
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, 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, Moyle, Roberts, Smith(24)
Floor Sponsor - Snodgrass
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 144
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1257 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO REAL ESTATE; AMENDING SECTION 54-2004, IDAHO CODE, TO REVISE A 3 DEFINITION AND TO DEFINE A TERM; AND AMENDING SECTION 54-2020, IDAHO CODE, 4 TO PROVIDE FOR CERTIFICATION AND RECERTIFICATION FEES FOR REAL ESTATE EDU- 5 CATION PROVIDERS, INSTRUCTORS AND COURSES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 54-2004, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 54-2004. DEFINITIONS. As used in this chapter: 10 (1) "Accredited college or university" means an institution accredited by 11 the regional accrediting associations, as reported in the most current publi- 12 cation of the accredited institutions of postsecondary education. 13 (2) "Active license" means the status of a real estate license that has 14 not been inactivated, expired, terminated, suspended or revoked. 15 (3) "Associate broker" means an individual who has qualified personally 16 as a real estate broker in Idaho under this chapter, but is licensed under, 17 associated with and represents a designated broker in the performance of any 18 act described in subsection (323) of this section. 19 (4) "Branch office" means an office operated by a licensed real estate 20 broker or licensed legal business entity, separate and apart from the main 21 office. A branch office may be licensed or unlicensed, in accordance with this 22 chapter. 23 (5) "Brokerage company" means a real estate business, whether a sole pro- 24 prietorship, a legal entity, or any other licensed person engaged in acts 25 requiring a real estate license in Idaho, and which is conducting or holding 26 itself out as conducting the business of real estate through a designated bro- 27 ker. 28 (6) "Brokerage representation agreement" means a written contract between 29 a buyer, seller, or both, and a real estate brokerage for agency representa- 30 tion in a regulated real estate transaction. 31 (7) "Business conduct and office operations course" means, in reference 32 to a real estate course offering, the component of the advanced real estate 33 course that is required in order to obtain a broker license and that teaches 34 business practices and office operations of the brokerage, including record- 35 keeping, trust account procedures and the laws governing those practices. 36 (8) "Business day" means and includes each day of the week except Satur- 37 day, Sunday or any other legal holiday enumerated in section 73-108, Idaho 38 Code. 39 (9) "Business name" means the name in which the brokerage company is 40 licensed by the commission. 41 (910) "Business opportunity" means and includes an established business, 42 good will of an established business, or any interest therein, or any one (1) 43 or combination thereof, where a sale or transfer of an interest in land 2 1 including, but not limited to, an assignment of a lease, is involved in the 2 transaction. 3 (101) "Commission" means the Idaho real estate commission, unless the con- 4 text clearly indicates a different meaning. 5 (112) "Commission core course" means, in reference to a real estate course 6 offering, the course containing curriculum, identified by the commission, that 7 stresses current trends in real estate practices and changes in laws in real 8 estate related industries. A core course must contain no more than four (4) 9 classroom hours of instruction. 10 (123) "Continuing education elective course" means a real estate course 11 offering, other than the commission core course for which continuing education 12 credit hours may be obtained as provided in section 54-2023, Idaho Code. 13 (134) "Convicted" means a plea of nolo contendere or guilty, a jury ver- 14 dict of guilty or a court decision of guilt whether or not a judgment or sen- 15 tence has been imposed, withheld or suspended. 16 (145) "Cooperative sale" means a transaction involving two (2) or more 17 brokers. 18 (156) "Council" means the Idaho real estate education council. 19 (167) "Dealer in options" means any person, firm, partnership, association 20 or corporation who shall directly or indirectly take, obtain or use options to 21 purchase, exchange, lease option or lease purchase real property or any inter- 22 est therein for another or others whether or not the options shall be in his 23 or its name and whether or not title to the property shall pass through the 24 name of the person, firm, partnership, association or corporation in connec- 25 tion with the purchase, sale, exchange, lease option or lease purchase of the 26 real property, or interest therein. 27 (178) "Designated broker" means an individual who is licensed as a real 28 estate broker in Idaho and who is designated by the brokerage company to be 29 responsible for the supervision of the brokerage company and the activities of 30 any associated licensees in accordance with this chapter. 31 (189) "Distance learning course" means, in relation to a real estate 32 course offering, a real estate course that is delivered, not as a live course, 33 but through a medium in which the instructor and student are separated by both 34 distance and time. 35 (1920) "Double contract" means two (2) or more written or unwritten con- 36 tracts of sale, purchase and sale agreements, loan applications, or any other 37 agreements, one (1) of which is not made known to the prospective loan under- 38 writer or the loan guarantor, to enable the buyer to obtain a larger loan than 39 the true sales price would allow, or to enable the buyer to qualify for a loan 40 which he or she otherwise could not obtain. An agreement or loan application 41 is not made known unless it is disclosed in writing to the prospective loan 42 underwriter or loan guarantor. 43 (201) "Executive director" means the executive director of the Idaho real 44 estate commission. 45 (212) "Expired license" means the status of a license when the license 46 period has expired and the license is not renewed or provisional license 47 granted, and before the license is terminated. 48 (223) "Fee or commission" means a payment, actual, promised or expected, 49 as compensation for the performance of any act requiring a real estate 50 license. 51 (234) "Inactive license" means the status of a license that is not 52 expired, terminated, suspended or revoked, and during which inactive period 53 the license holder is not authorized to act as or associate with a designated 54 broker. 55 (245) "Legal business entity" means and includes any type of corporation, 3 1 partnership, limited liability company or limited liability partnership, a 2 governmental entity, trust or other entity capable of conducting business. 3 (256) "Licensee" means any person who is licensed in accordance with this 4 chapter to engage in the business or act in the capacity of real estate bro- 5 ker, associate broker or real estate salesperson. 6 (267) "Limited broker" means a broker individually qualified to do busi- 7 ness in Idaho, but who may not have associate brokers or salespersons licensed 8 with that broker. 9 (278) "Live presentation" means, in reference to a real estate course 10 offering, a real estate course that is personally presented by the instructor 11 and personally attended by the student at the same facility, or, if separated 12 by distance, the instructor and student are connected by contemporaneous, two- 13 way audio and visual communication. 14 (289) "Main office" means the principal location where the real estate 15 broker is licensed to transact business. 16 (2930) "Person" means and includes an individual, or any legal business 17 entity. 18 (301) "Primary Idaho license" means an Idaho real estate license that is 19 not contingent upon continuance of a license in another state or jurisdiction. 20 (312) "Provisional license" means an extension of the period of active 21 licensure, beyond the licensee's expiration date, granted by the commission 22 for the purpose of allowing the licensee to complete the continuing education 23 requirements set forth in section 54-2023, Idaho Code, or for any other pur- 24 pose allowed by this chapter. 25 (323) "Real estate broker" means and includes: 26 (a) Any person other than a real estate salesperson, who, directly or 27 indirectly, while acting for another, for compensation or a promise or an 28 expectation thereof, engages in any of the following: sells, lists, buys, 29 or negotiates, or offers to sell, list, buy or negotiate the purchase, 30 sale, option or exchange of real estate or any interest therein or busi- 31 ness opportunity or interest therein for others; 32 (b) Any actively licensed broker while, directly or indirectly, acting on 33 the broker's own behalf; 34 (c) Any person who represents to the public that the person is engaged in 35 any of the above activities; 36 (d) Any person who directly or indirectly engages in, directs, or takes 37 any part in the procuring of prospects, or in the negotiating or closing 38 of any transaction which does or is calculated to result in any of the 39 acts above set forth; 40 (e) A dealer in options as defined in this section. 41 (334) "Real estate salesperson" or "salesperson" means any person who has 42 qualified and is licensed as a real estate salesperson in Idaho under this 43 chapter, and is licensed under, associated with, and represents a designated 44 broker in the performance of any act described in subsection (323) of this 45 section. 46 (345) "Real estate settlement procedures act" means the real estate set- 47 tlement procedures act of 1974, as amended, 12 U.S.C. section 2601 et seq., 48 and as in effect on January 1, 20078. 49 (356) "Regulated real estate transaction" means those real estate transac- 50 tions for which a real estate license is required under chapter 20, title 54, 51 Idaho Code. 52 (367) "Responsible broker" means the designated broker in the regulated 53 real estate transaction who is responsible for the accounting and transaction 54 files for the transaction, in the manner described in section 54-2048, Idaho 55 Code. 4 1 (378) "Revoked license" means a license that has been permanently revoked 2 by the issuing authority. 3 (389) "Sales associate" means a salesperson or an associate broker 4 licensed under and associated with a designated broker. 5 (3940) "State or jurisdiction" means and includes any of the fifty (50) 6 states and any foreign jurisdiction that issue real estate licenses substan- 7 tially similar to those provided for in this chapter. 8 (401) "Successfully completed" means, in reference to a real estate course 9 offering, completing all required course hours and, except where the licensee 10 seeks continuing education credit for having regularly attended the live pre- 11 sentation of a course, passing a commission-approved final examination. 12 (412) "Surrendered license" means a license that has been voluntarily ter- 13 minated or surrendered by a licensee who, at the time of the voluntary termi- 14 nation or surrender, was under investigation or named in a formal administra- 15 tive complaint. 16 (423) "Suspended license" means a license that has been temporarily sus- 17 pended by the issuing authority. 18 SECTION 2. That Section 54-2020, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 54-2020. FEES. The Idaho real estate commission shall establish fees 21 which, in its discretion, are sufficient, when added to the other fees autho- 22 rized by this chapter, or any other law or rule, to raise that revenue 23 required to administer the provisions of this chapter. 24 The commission shall assess the following fees, in addition to any other 25 fees established in this chapter or by rule, provided that all fees estab- 26 lished by administrative rule of the commission shall remain effective from 27 year to year unless changed through the rulemaking process prescribed in chap- 28 ter 52, title 67, Idaho Code: 29 (1) For each year or portion thereof for which an active or inactive 30 license is issued or renewed, a license fee in an amount not to exceed one 31 hundred fifty dollars ($150), the exact fee to be established by administra- 32 tive rule of the commission; 33 (2) A tuition or registration fee for real estate education courses, 34 course materials and any course exam fee. These fees shall be established 35 based upon the total annual costs involved in the provision of all real estate 36 education courses, course materials and course exam fees; 37 (3) A late license renewal fee in an amount not to exceed twenty-five 38 dollars ($25.00), the exact fee to be established by administrative rule of 39 the commission; 40 (4) For the printing of a license certificate, a fee in an amount not to 41 exceed fifteen dollars ($15.00), the exact fee to be established by adminis- 42 trative rule of the commission; 43 (5) A fee in the amount allowed by law for insufficient funds checks or 44 other types of insufficient payment; 45 (6) For the compilation of each certified copy of a licensee's education 46 history or license history, a fee in an amount not to exceed ten dollars 47 ($10.00), the exact fee to be established by administrative rule of the com- 48 mission; 49 (7) For issuance or renewal of a branch office license, a fee in an 50 amount not to exceed fifty dollars ($50.00), the exact fee to be established 51 by administrative rule of the commission; 52 (8) An application fee for the certification and recertification of each 53 real estate education provider, instructor or course as follows: 5 1 (a) For providers, an application fee in the amount of seventy-five dol- 2 lars ($75.00) for initial certification and fifty dollars ($50.00) for 3 recertification; 4 (b) For instructors, an application fee in the amount of fifty dollars 5 ($50.00) for initial certification and twenty-five dollars ($25.00) for 6 recertification; 7 (c) For courses, an application fee in the amount of fifty dollars 8 ($50.00) for initial certification and twenty-five dollars ($25.00) for 9 recertification. 10 Provided however, that lower fee amounts may be established by administrative 11 rule of the commission.
STATEMENT OF PURPOSE
RS 17365
This is the Real Estate Commission’s annual Housekeeping bill.
This legislation will clarify the requirements of the License
Law by adding a definition for “business day,” and by updating
the reference to the federal Real Estate Settlement Practices
Act.
The legislation also establishes the specific fee amounts
required to apply for Commission certification of a real estate
provider, instructor, or real estate course. Application fees
are currently required by law. This bill specifies the fee
amounts for each type of application and authorizes future fee
decreases, but no increases.
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 1257