Connecticut 2019 Regular Session

Connecticut Senate Bill SB00909 Latest Draft

Bill / Comm Sub Version Filed 04/02/2019

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repealed and the following is substituted in lieu thereof (Effective July 2 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