Connecticut 2019 Regular Session

Connecticut Senate Bill SB00909 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 909
8	6		January Session, 2019
9	7		LCO No. 4287
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11	9
12		-	Referred to Committee on INSURANCE AND REAL
13		-	ESTATE
	10	+	Referred to Committee on INSURANCE AND REAL ESTATE
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15	12
16	13		Introduced by:
17	14		(INS)
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21	19		AN ACT ENABLING PERS ONS TO SATISFY THE EDUCATION
22	20		REQUIREMENTS APPLICA BLE TO REAL ESTATE BROKERS AND
23	21		SALESPERSONS THROUGH AN ONLINE COURSE OF STUDY.
24	22		Be it enacted by the Senate and House of Representatives in General
25	23		Assembly convened:
26	24
27	25		Section 1. Subsection (d) of section 20-314 of the general statutes is 1
28	26		repealed and the following is substituted in lieu thereof (Effective July 2
29	27		1, 2019): 3
30	28		(d) (1) Each applicant applying for a real estate broker's license on or 4
31	29		after July 1, [2016] 2019, shall, before being admitted to such 5
32	30		examination, prove to the satisfaction of the commission or the 6
33	31		Commissioner of Consumer Protection that the applicant (A) (i) has 7
34	32		been actively engaged for at least two years as a licensed real estate 8
35	33		salesperson under the supervision of a licensed real estate broker in 9
36	34		this state, (ii) has successfully completed a course approved by the 10
37	35		commission or commissioner in real estate principles and practices of 11
38	36		at least sixty classroom or online hours of study, (iii) has successfully 12
39	37		completed a course approved by the commission or commissioner in 13
40	38		real estate legal compliance consisting of at least fifteen classroom or 14 Raised Bill No. 909
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47	44		online hours of study, (iv) has successfully completed a course 15
48	45		approved by the commission or commissioner in real estate brokerage 16
49	46		principles and practices consisting of at least fifteen classroom or 17
50	47		online hours, and (v) has successfully completed two elective courses, 18
51	48		each consisting of fifteen classroom or online hours of study, as 19
52	49		prescribed by the commission or commissioner, or (B) has equivalent 20
53	50		experience or education as determined by the commission or 21
54	51		commissioner. 22
55	52		(2) The commission or the Commissioner of Consumer Protection 23
56	53		shall waive the elective courses under subparagraph (A)(v) of 24
57	54		subdivision (1) of this subsection if the applicant has successfully 25
58	55		completed at least twenty real estate transactions within five years 26
59	56		immediately preceding the date of application. As used in this 27
60	57		subdivision, "real estate transaction" means any transaction in which 28
61	58		real property is legally transferred to another party or in which a lease 29
62	59		agreement is executed between a landlord and a tenant. 30
63	60		(3) Each applicant for a real estate salesperson's license shall, before 31
64	61		being admitted to such examination, prove to the satisfaction of the 32
65	62		commission or the Commissioner of Consumer Protection that the 33
66	63		applicant (A) has successfully completed a course approved by the 34
67	64		commission or commissioner in real estate principles and practices 35
68	65		consisting of at least sixty classroom or online hours of study, or (B) 36
69	66		has equivalent experience or education as determined by the 37
70	67		commission or commissioner. 38
71	68		Sec. 2. Subsection (a) of section 20-314a of the general statutes is 39
72	69		repealed and the following is substituted in lieu thereof (Effective July 40
73	70		1, 2019): 41
74	71		(a) The Commissioner of Consumer Protection, with the advice and 42
75	72		assistance of the commission, may adopt regulations, in accordance 43
76	73		with chapter 54, relating to the approval of schools offering courses in 44
77	74		real estate principles and practice and related subjects, the content of 45
78	75		such courses and the advertising to the public of the services of such 46 Raised Bill No. 909
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85	81		schools. Such regulations shall not require (1) approval of instructors 47
86	82		at such schools, or (2) a course to be conducted in a classroom. 48
87	83		[location approved for such use by a local fire marshal provided the 49
88	84		course is conducted in a hotel, restaurant or other public building or a 50
89	85		place of public assembly, as defined in section 19-13-B105 of the 51
90	86		regulations of Connecticut state agencies.] 52
91	87		Sec. 3. Subsections (b) to (d), inclusive, of section 20-319 of the 53
92	88		general statutes are repealed and the following is substituted in lieu 54
93	89		thereof (Effective July 1, 2019): 55
94	90		(b) There is hereby established an annual renewal license to be 56
95	91		issued by the Department of Consumer Protection. Persons licensed in 57
96	92		accordance with the provisions of this chapter shall fulfill a continuing 58
97	93		education requirement. Applicants for an annual renewal license for 59
98	94		real estate brokers or real estate salespersons shall, in addition to the 60
99	95		other requirements imposed by the provisions of this chapter, in any 61
100	96		even-numbered year, submit proof of compliance with the continuing 62
101	97		education requirements of this subsection to the commission, 63
102	98		accompanied by an eight-dollar processing fee. The continuing 64
103	99		education requirement may be satisfied by successful completion of 65
104	100		any of the following during the two-year period preceding such 66
105	101		renewal: (1) A course or courses, approved by the commission, of 67
106	102		continuing education in current real estate practices and licensing 68
107	103		laws, including, but not limited to, practices and laws concerning 69
108	104		common interest communities, consisting of not less than twelve hours 70
109	105		of classroom or online study; or (2) a written examination prepared 71
110	106		and administered by either the Department of Consumer Protection, or 72
111	107		by a national testing service approved by the department, which 73
112	108		demonstrates a knowledge of current real estate practices and licensing 74
113	109		laws; or (3) equivalent continuing educational experience or study as 75
114	110		determined by regulations adopted pursuant to subsection (d) of this 76
115	111		section. An applicant for examination under subdivision (2) of this 77
116	112		subsection shall pay the required examination fee to the national 78
117		-	testing service, if administered by such testing service, or to the 79 Raised Bill No. 909
	113	+	testing service, if administered by such testing service, or to the 79
	114	+	Department of Consumer Protection, if administered by the 80 Raised Bill No. 909
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124		-	Department of Consumer Protection, if administered by the 80
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125	120		department. 81
126	121		(c) If the commission refuses to grant an annual renewal license, the 82
127	122		licensee or applicant, upon written notice received as provided for in 83
128	123		this chapter, may have recourse to any of the remedies provided by 84
129	124		sections 20-314, as amended by this act, and 20-322. 85
130	125		(d) The Commissioner of Consumer Protection, in consultation with 86
131	126		the commission, shall adopt regulations, in accordance with chapter 87
132	127		54, concerning the approval of schools, institutions or organizations 88
133	128		offering courses in current real estate practices and licensing laws, 89
134	129		including, but not limited to, practices and laws concerning common 90
135	130		interest communities, and the content of such courses. Such 91
136	131		regulations shall include, but not be limited to: (1) Specifications for 92
137	132		meeting equivalent continuing educational experience or study; (2) 93
138	133		exceptions from continuous education requirements for reasons of 94
139	134		health or instances of individual hardship. No school, institution or 95
140	135		organization that offers a course in current real estate practices and 96
141	136		licensing laws may be disapproved solely because its courses are 97
142	137		offered or taught online or by electronic means, and no course may be 98
143	138		disapproved solely because it is offered or taught online or by 99
144	139		electronic means. 100
145	140		This act shall take effect as follows and shall amend the following
146	141		sections:
147	142
148	143		Section 1 July 1, 2019 20-314(d)
149	144		Sec. 2 July 1, 2019 20-314a(a)
150	145		Sec. 3 July 1, 2019 20-319(b) to (d)
151	146
152		-	INS Joint Favorable
	147	+	Statement of Purpose:
	148	+	To enable persons to satisfy the education requirements applicable to
	149	+	real estate brokers and salespersons through an online course of study.
	150	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	151	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	152	+	not underlined.]
153	153