Bill Text: HI SB41 | 2014 | Regular Session | Amended
Bill Title: Real Estate; Licensure
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-04-15 - Received notice of appointment of House conferees (Hse. Com. No. 685). [SB41 Detail]
Download: Hawaii-2014-SB41-Amended.html
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THE SENATE |
S.B. NO. |
41 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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PROPOSED |
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A BILL FOR AN ACT
RELATING TO REAL ESTATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that section 467-9.5, Hawaii Revised Statutes, requires individuals seeking the opportunity to take the real estate licensing examination, to prove, among other things, that the applicant has experience as a full-time Hawaii-licensed real estate salesperson associated with a Hawaii-licensed real estate broker for at least three years of the five-year period immediately prior to submission of the experience certification application. The legislature further finds that Act 245, Session Laws of Hawaii 2001, repealed an exemption that allowed the real estate commission, at its discretion, to exempt an applicant from these licensure requirements, if the commission found that the applicant had other experience that the commission deemed to be equivalent to those requirements. The legislature additionally finds that this repeal has prevented individuals who have real estate experience but who, because of the economic downturn that began shortly after the enactment of Act 245 are unable to fulfill the rigid three out of five years requirement, from being able to take the licensing examination.
The purpose of this Act is to create a discretionary exemption to the three out of five years requirement to allow for one of the required three years to be substituted with equivalent experience in the real estate field.
SECTION 2. Section 467-9.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No individual shall be eligible for the licensing examination unless the individual is:
(1) A United States citizen, a United States national, or an alien authorized to work in the United States, and of the age of majority; and
(2) Applying for:
(A) The real estate salesperson examination and has satisfactorily completed a commission-approved prelicensing course for real estate salesperson candidates, which includes real estate principles, or its equivalent as determined by the commission; or
(B) The real estate broker examination and:
(i) Holds a current, unencumbered Hawaii real estate salesperson license or a current, unencumbered real estate salesperson or broker license in another state or in a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission;
(ii) Has satisfactorily completed a commission-approved prelicensing course for real estate broker candidates, or its equivalent as determined by the commission; and
(iii) Has experience as a full-time Hawaii-licensed real estate salesperson associated with a Hawaii-licensed real estate broker for at least three years of the five-year period immediately prior to the submission of the experience certification application and has practical real estate salesperson experience, as certified by the principal broker, principal brokers, broker in charge, or brokers in charge, as the case may be, during the subject period. The candidate shall secure commission approval of the candidate's experience certification application prior to the date of the examination. Subject to commission approval, a candidate may request a determination of equivalency for the experience requirement based on real estate salesperson license experience or a current, unencumbered real estate broker license in another state, or in a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission. The commission may waive up to one year of the required three years of experience required by this clause, if, by affidavit or other manner adopted by the commission, the individual demonstrates to have maintained through the date of the application at least five years of full-time experience in the real estate field and the commission, in its discretion, determines that experience to be equivalent to the one-year of experience waived."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Real Estate; Licensure
Description:
For real estate licensure, allows Real Estate Commission to waive one year of the three-year experience as a full-time Hawaii licensed real estate salesperson associated with a Hawaii-licensed real estate broker requirement, with proof of full-time experience in the real estate field for five years up to the time of experience certification. (SB41 HD1 PROPOSED)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
