Text: SF00052 Text: SF00054 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 543B.15, Code 1995, is amended to read 1 2 as follows: 1 3 543B.15 QUALIFICATIONS. 1 4 1. Except as provided in section 543B.20 an applicant for 1 5 a real estate broker's or salesperson's license must be a 1 6 person whose application has not been rejected for licensure 1 7 in this or any other state withinsixtwelve months prior to 1 8 the date of application, and whose real estate license has not 1 9 been revoked in this or any other state within two years prior 1 10 to date of application. 1 11 2. To qualify for a license as a real estate broker or 1 12 salesperson a person shall be eighteen years of age or over. 1 13 However, an applicant is not ineligible because of 1 14 citizenship, sex, race, religion, marital status, or national 1 15 origin, although the application form may require citizenship 1 16 information.The real estate commission may consider the past1 17felony record of an applicant only if the felony conviction1 18relates directly to the practice of real estate selling.1 19Character references may be required but shall not be obtained1 20from licensed real estate brokers or salespersons.1 21 3. An applicant for a real estate broker's or 1 22 salesperson's license who has been convicted of forgery, 1 23 embezzlement, obtaining money under false pretenses, theft, 1 24 extortion, conspiracy to defraud, or other similar offense, or 1 25 of any crime involving moral turpitude in a court of competent 1 26 jurisdiction in this state, or in any other state, territory, 1 27 or district of the United States, or in any foreign 1 28 jurisdiction, may be denied a license by the commission, on 1 29 the grounds of the conviction. For purposes of this section, 1 30 "conviction" includes a guilty plea, deferred judgment, or 1 31 other finding of guilt by a court of competent jurisdiction. 1 32 4. An applicant for a real estate broker's or 1 33 salesperson's license who has had a professional license of 1 34 any kind revoked in this or any other jurisdiction may be 1 35 denied a license by the commission on the grounds of the 2 1 revocation. 2 2 5. A person who makes a false statement of material fact 2 3 on an application for a real estate broker's or salesperson's 2 4 license, or who causes to be submitted, or has been a party to 2 5 preparing or submitting any false application for such 2 6 license, may be denied a license by the commission on the 2 7 grounds of the false statement or submission. A licensee 2 8 found to have made such a statement or who caused to be 2 9 submitted, or was a party to preparing or submitting any false 2 10 application for a real estate broker's or salesperson's 2 11 license, may have the license suspended or revoked by the 2 12 commission on the grounds of the false statement or 2 13 submission. 2 14 6. A licensed real estate broker or salesperson shall 2 15 notify the commission of the licensee's conviction of an 2 16 offense included in subsection 3 within sixty days of the 2 17 conviction. The failure of the licensee to notify the 2 18 commission of the conviction within sixty days of the date of 2 19 the conviction is sufficient grounds for revocation of the 2 20 license. 2 21 7. The commission, when considering the denial or 2 22 revocation of a license pursuant to this section, shall 2 23 consider the nature of the offense; any aggravating or 2 24 extenuating circumstances which are documented; the time 2 25 lapsed since the revocation, conduct, or conviction; the 2 26 rehabilitation, treatment, or restitution performed by the 2 27 applicant or licensee; and any other factors the commission 2 28 deems relevant. Character references may be required but 2 29 shall not be obtained from licensed real estate brokers or 2 30 salespersons. 2 31 8. To qualify for a license as a real estate broker, a 2 32 person shall complete at least sixty contact hours of 2 33 commission approved real estate education within twenty-four 2 34 months prior to taking the broker examination. This education 2 35 shall be in addition to the required salesperson prelicense 3 1 course. The applicant shall have been a licensed real estate 3 2 salesperson actively engaged in real estate for a period of at 3 3 least twenty-four months preceding the date of application, or 3 4 shall have had experience substantially equal to that which a 3 5 licensed real estate salesperson would ordinarily receive 3 6 during a period of twenty-four months, whether as a former 3 7 broker or salesperson, a manager of real estate, or otherwise. 3 8 However, if the commission finds that an applicant could not 3 9 acquire employment as a licensed real estate salesperson 3 10 because of conditions existing in the area where the person 3 11 resides, the experience requirement of thisparagraph3 12 subsection may be waived for that person by the commission. 3 13 9. A qualified applicant for a license as a real estate 3 14 salesperson shall complete a commission approved short course 3 15 in real estate education of at least thirty hours during the 3 16 twelve months prior to taking the salesperson examination. 3 17 Sec. 2. Section 543B.29, subsection 5, Code 1995, is 3 18 amended to read as follows: 3 19 5. Conviction ofa felony related to the profession or3 20occupation of the licensee or conviction of a felony that3 21would affect the licensee's ability to practice the profession3 22of real estate broker and salespersonan offense included in 3 23 section 543B.15, subsection 3. For purposes of this section, 3 24 a conviction includes a guilty plea, deferred judgment, or 3 25 other finding of guilt by a court of competent jurisdiction. 3 26 A copy of the record of conviction,or plea ofguilty plea, 3 27 deferred judgment, or other finding of guilt is conclusive 3 28 evidence. 3 29 Sec. 3. Section 543B.29, Code 1995, is amended by adding 3 30 the following new subsection: 3 31 NEW SUBSECTION. 11. Revocation of any professional 3 32 license held by the licensee in this or any other 3 33 jurisdiction. 3 34 EXPLANATION 3 35 This bill relates to the qualifications necessary for an 4 1 applicant to obtain a real estate broker's or salesperson's 4 2 license. Section 543B.15 is amended to grant the real estate 4 3 commission the discretion to deny a license to an applicant 4 4 who has been convicted of certain criminal acts, who has 4 5 received a deferred judgment related to certain criminal acts, 4 6 or who has submitted a false application to the commission. 4 7 The bill requires that a licensed real estate broker or 4 8 salesperson notify the commission of the licensee's conviction 4 9 for certain criminal acts. Failure of the licensee to notify 4 10 the commission of such conviction is sufficient grounds for 4 11 revocation of the person's license. When considering the 4 12 denial or revocation of a license under this section, the 4 13 commission is directed to consider the nature of the offense; 4 14 any documented aggravating or extenuating circumstances; the 4 15 time lapsed since the revocation, conduct, or conviction; the 4 16 rehabilitation, treatment, or restitution performed by the 4 17 applicant or licensee; and any other factors the commission 4 18 deems relevant. A person who violates a provision of this Act 4 19 is guilty of a simple misdemeanor as provided in section 4 20 543B.43. 4 21 LSB 1379SS 76 4 22 mj/jw/5
Text: SF00052 Text: SF00054 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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