| 1 | 1 | | REFERENCE TITLE: real estate information technology; fund State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HB 2681 Introduced by Representatives Gillette: Bliss, Chaplik, Martinez; Senators Bolick, Borrelli An Act amending sections 32-2103 and 32-2107, Arizona Revised Statutes; relating to real estate. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 9 | 9 | | REFERENCE TITLE: real estate information technology; fund |
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| 10 | 10 | | State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 |
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| 11 | 11 | | HB 2681 |
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| 12 | 12 | | Introduced by Representatives Gillette: Bliss, Chaplik, Martinez; Senators Bolick, Borrelli |
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| 14 | 14 | | REFERENCE TITLE: real estate information technology; fund |
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| 24 | 24 | | State of Arizona |
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| 26 | 26 | | House of Representatives |
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| 28 | 28 | | Fifty-sixth Legislature |
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| 30 | 30 | | Second Regular Session |
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| 32 | 32 | | 2024 |
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| 40 | 40 | | HB 2681 |
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| 44 | 44 | | Introduced by |
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| 46 | 46 | | Representatives Gillette: Bliss, Chaplik, Martinez; Senators Bolick, Borrelli |
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| 64 | 64 | | An Act |
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| 68 | 68 | | amending sections 32-2103 and 32-2107, Arizona Revised Statutes; relating to real estate. |
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| 74 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 78 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-2103, Arizona Revised Statutes, is amended to read: START_STATUTE32-2103. Deposit of monies collected; revision of fees A. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under the provisions of this chapter in the state general fund unless otherwise prescribed by law and except as provided in subsection B of this section. B. The department shall deposit, pursuant to sections 35-146 and 35-147, monies that are collected under SECTION 32-2132 in the real estate information technology fund established by section 32-2107 as follows: 1. Through fiscal year 2027-2028: (a) $25 of each broker's license fee. (b) $25 of each broker's renewal fee. (c) $25 of each salesperson's license fee. (d) $25 of each salesperson's renewal fee. 2. Beginning in fiscal year 2028-2029: (a) $15 of each broker's license fee. (b) $15 of each broker's renewal fee. (c) $15 of each salesperson's license fee. (d) $15 of each salesperson's renewal fee. B. C. Except as provided in subsection D of this section, each year the commissioner shall revise all fees collected under this chapter within the limits prescribed by this chapter in such a manner that the revenue derived from such fees equals at least ninety-five per cent percent but not more than one hundred ten per cent percent of the anticipated appropriated budget for the department for the succeeding fiscal year. If the revenue derived from the fees exceeds one hundred ten per cent percent of the anticipated appropriated budget for the department for the succeeding fiscal year, the commissioner shall lower the fees in the succeeding year in proportion to the excess. D. The collected monies that are described in subsection B of this section may not be included in the revenue that is described in subsection C of this section. END_STATUTE Sec. 2. Section 32-2107, Arizona Revised Statutes, is amended to read: START_STATUTE32-2107. Powers and duties of commissioner; compensation; administration of department; seal; revolving fund; technology fund A. The commissioner shall have charge of the department with power to administer it in accordance with the provisions of and to carry out the purposes of this chapter. The commissioner shall adopt a seal which shall bear that bears the words "real estate commissioner, state of Arizona", which shall be and that is used for the authentication of to authenticate proceedings of the department and the official documents thereof. The commissioner's principal office shall be at the state capitol. The commissioner may have branch offices the commissioner deems necessary in other cities. B. The commissioner shall receive compensation as determined pursuant to section 38-611. C. The commissioner shall prepare and cause to be produced and circulated among the licensees and the general public educational matter the commissioner deems helpful and proper for the guidance to guide and assistance of assist both licensees and the public. The commissioner may assess a fee for each of these educational products that does not exceed a level reasonably estimated to be sufficient to recover production and distribution costs. D. In cooperation with industry educators, content experts and other professionals, the commissioner may develop, sponsor or hold educational seminars and workshops for the benefit of licensees. E. A the real estate department education revolving fund is established consisting of monies received from the sale of educational matter under subsection C of this section and grants of monies to be used in the production of educational products. Monies in the fund shall be used for the printing of to print a compilation of real estate laws and rules and other educational publications and for other educational efforts the commissioner deems helpful and proper for the guidance to guide and assistance of assist licensees and the public, including sponsoring and holding educational seminars or workshops for educators and other licensees. The state real estate department shall establish the revolving fund as a separate account. The state real estate department shall make a full accounting of its use to the department of administration annually or as required by the department of administration. Expenditures from the fund and reimbursement to the fund shall be as prescribed by rules of the department of administration. Monies received in the real estate department education revolving fund are not subject to reversion, except that all monies in the fund in excess of twenty-five thousand dollars that exceed $25,000 at the end of the fiscal year revert to the state general fund. F. the real estate information technology fund is established. The fund shall be used to supplement the department's technological upgrades and updates to software and equipment, to contract with external vendors for technological upgrades and updates to software and equipment and to support software subscriptions. The fund may not be used to supplant the salaries of department staff. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. F. G. The commissioner shall adopt rules, in accord accordance with this chapter, as the commissioner deems necessary to carry out this chapter. G. H. The commissioner may approve standardized legal forms for use in the sale or lease of real estate for the purpose of recognizing compliance of the forms with this chapter and the rules adopted pursuant to this chapter. END_STATUTE |
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| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
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| 82 | 82 | | Section 1. Section 32-2103, Arizona Revised Statutes, is amended to read: |
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| 84 | 84 | | START_STATUTE32-2103. Deposit of monies collected; revision of fees |
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| 86 | 86 | | A. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under the provisions of this chapter in the state general fund unless otherwise prescribed by law and except as provided in subsection B of this section. |
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| 88 | 88 | | B. The department shall deposit, pursuant to sections 35-146 and 35-147, monies that are collected under SECTION 32-2132 in the real estate information technology fund established by section 32-2107 as follows: |
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| 90 | 90 | | 1. Through fiscal year 2027-2028: |
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| 92 | 92 | | (a) $25 of each broker's license fee. |
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| 94 | 94 | | (b) $25 of each broker's renewal fee. |
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| 96 | 96 | | (c) $25 of each salesperson's license fee. |
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| 98 | 98 | | (d) $25 of each salesperson's renewal fee. |
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| 100 | 100 | | 2. Beginning in fiscal year 2028-2029: |
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| 102 | 102 | | (a) $15 of each broker's license fee. |
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| 104 | 104 | | (b) $15 of each broker's renewal fee. |
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| 106 | 106 | | (c) $15 of each salesperson's license fee. |
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| 108 | 108 | | (d) $15 of each salesperson's renewal fee. |
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| 110 | 110 | | B. C. Except as provided in subsection D of this section, each year the commissioner shall revise all fees collected under this chapter within the limits prescribed by this chapter in such a manner that the revenue derived from such fees equals at least ninety-five per cent percent but not more than one hundred ten per cent percent of the anticipated appropriated budget for the department for the succeeding fiscal year. If the revenue derived from the fees exceeds one hundred ten per cent percent of the anticipated appropriated budget for the department for the succeeding fiscal year, the commissioner shall lower the fees in the succeeding year in proportion to the excess. |
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| 112 | 112 | | D. The collected monies that are described in subsection B of this section may not be included in the revenue that is described in subsection C of this section. END_STATUTE |
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| 114 | 114 | | Sec. 2. Section 32-2107, Arizona Revised Statutes, is amended to read: |
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| 116 | 116 | | START_STATUTE32-2107. Powers and duties of commissioner; compensation; administration of department; seal; revolving fund; technology fund |
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| 118 | 118 | | A. The commissioner shall have charge of the department with power to administer it in accordance with the provisions of and to carry out the purposes of this chapter. The commissioner shall adopt a seal which shall bear that bears the words "real estate commissioner, state of Arizona", which shall be and that is used for the authentication of to authenticate proceedings of the department and the official documents thereof. The commissioner's principal office shall be at the state capitol. The commissioner may have branch offices the commissioner deems necessary in other cities. |
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| 120 | 120 | | B. The commissioner shall receive compensation as determined pursuant to section 38-611. |
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| 122 | 122 | | C. The commissioner shall prepare and cause to be produced and circulated among the licensees and the general public educational matter the commissioner deems helpful and proper for the guidance to guide and assistance of assist both licensees and the public. The commissioner may assess a fee for each of these educational products that does not exceed a level reasonably estimated to be sufficient to recover production and distribution costs. |
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| 124 | 124 | | D. In cooperation with industry educators, content experts and other professionals, the commissioner may develop, sponsor or hold educational seminars and workshops for the benefit of licensees. |
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| 126 | 126 | | E. A the real estate department education revolving fund is established consisting of monies received from the sale of educational matter under subsection C of this section and grants of monies to be used in the production of educational products. Monies in the fund shall be used for the printing of to print a compilation of real estate laws and rules and other educational publications and for other educational efforts the commissioner deems helpful and proper for the guidance to guide and assistance of assist licensees and the public, including sponsoring and holding educational seminars or workshops for educators and other licensees. The state real estate department shall establish the revolving fund as a separate account. The state real estate department shall make a full accounting of its use to the department of administration annually or as required by the department of administration. Expenditures from the fund and reimbursement to the fund shall be as prescribed by rules of the department of administration. Monies received in the real estate department education revolving fund are not subject to reversion, except that all monies in the fund in excess of twenty-five thousand dollars that exceed $25,000 at the end of the fiscal year revert to the state general fund. |
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| 128 | 128 | | F. the real estate information technology fund is established. The fund shall be used to supplement the department's technological upgrades and updates to software and equipment, to contract with external vendors for technological upgrades and updates to software and equipment and to support software subscriptions. The fund may not be used to supplant the salaries of department staff. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. |
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| 130 | 130 | | F. G. The commissioner shall adopt rules, in accord accordance with this chapter, as the commissioner deems necessary to carry out this chapter. |
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| 132 | 132 | | G. H. The commissioner may approve standardized legal forms for use in the sale or lease of real estate for the purpose of recognizing compliance of the forms with this chapter and the rules adopted pursuant to this chapter. END_STATUTE |
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