Bill Text: MI SB0126 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Occupations; real estate; continuing education hours for real estate brokers and salespersons; revise requirements. Amends sec. 2504a of 1980 PA 299 (MCL 339.2504a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-06-21 - Assigned Pa 0056'17 With Immediate Effect [SB0126 Detail]
Download: Michigan-2017-SB0126-Engrossed.html
SB-0126, As Passed House, May 30, 2017
SB-0126, As Passed Senate, March 14, 2017
SENATE BILL No. 126
February 9, 2017, Introduced by Senator KOWALL and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 2504a (MCL 339.2504a), as amended by 2016 PA
502.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2504a. (1) In each year of a license cycle, subject
Subject
to subsection (7), a licensee shall must successfully
complete
at least 6 clock the
following number of hours of eligible
continuing
education courses . in each license cycle:
(a) Beginning with the license cycle after the effective date
of the rules promulgated under subsection (2)(e), the number of
hours determined by the department by rule.
(b) In each license cycle before the license cycle described
in subdivision (a), 18 clock hours.
(2) All of the following apply to the continuing education
requirement described in subsection (1):
(a) In completing the appropriate number of hours of eligible
continuing
education courses, a licensee may select education
courses
in his or her area of expertise, but must complete at least
2
hours of the eligible
continuing education courses in each
year
of
a license cycle must that involve law, rules, and court cases
regarding real estate. The licensee may select any continuing
education courses in his or her area of expertise to complete the
remaining hours of eligible continuing education courses required
under subsection (1) and may complete those hours at any time
during the license cycle.
(b) At the time he or she attends an eligible continuing
education course, a licensee shall do both of the following to
confirm his or her identity:
(i) Present his or her pocket card, or provide his or her
license identification number, from the department to the course
provider.
(ii) Present his or her operator's license or chauffeur's
license issued under the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923, an official state personal identification card
issued under 1972 PA 222, MCL 28.291 to 28.300, or other
government-issued photo identification to the course provider.
(c)
Any education course that the If
a licensee successfully
completes an education course to obtain a professional designation,
the number of hours of that course is counted toward the total
number
of hours of continuing education credits
courses required in
a license cycle.
(d) If a licensee successfully completes an eligible
continuing education course, he or she does not earn additional
hours toward the requirements of this section if he or she repeats
that course.
(e) The department by rule shall do all of the following:
(i) Determine and provide for the publication of the number of
hours of eligible continuing education courses a licensee must
successfully complete in a license cycle, including the 2 hours of
courses involving statutes, rules, and court cases required in each
year of a license cycle under subdivision (a). The department shall
determine the number of hours that are required in a license cycle
by multiplying the number of years in the license cycle by 6.
(ii) Establish the standards for determining if a continuing
education course is an eligible continuing education course for
purposes of this section.
(3) An applicant for license renewal under section 2502a shall
certify compliance with subsections (1) and (2) to the department.
A licensee shall retain evidence acceptable to the department that
demonstrates he or she has met the continuing education
requirements under this section, for at least 4 years after the
date of that certification, and shall produce the following
information at the request of the department:
(a) The name and contact information of the continuing
professional education program sponsor.
(b) The participant's name.
(c) The course title and course field of study.
(d) The date the course was offered or completed.
(e) If applicable, the location of the course.
(f) Verification by a representative of the continuing
professional education program sponsor of the participant's
completion of the course.
(g)
A The number of hours of
instruction included in the
course and a time statement from the continuing professional
education program sponsor that states that continuing professional
education credits for the course were granted on a 50-minute hour.
(4) An applicant for license renewal under section 2502a is
subject to audit by the department for compliance with subsections
(1) and (2), or (7), and may be required to submit the
documentation described in subsection (3) to the department on
request.
(5) If the department finds as the result of an audit under
subsection (4) that an applicant for license renewal under section
2502a did not complete sufficient hours of eligible continuing
education courses to renew his or her license, any penalty imposed
by the department shall include a requirement that the licensee
must complete both of the following, if applicable:
(a) A sufficient number of additional hours of continuing
education to fulfill the requirements for the period determined by
audit to be deficient.
(b) If the period determined by the audit to be deficient is
at least 60 days, additional hours of continuing education in 1 of
the following amounts:
(i) If the deficiency period is at least 60 days and less than
120 days, 4 hours.
(ii) If the deficiency period is 120 days or more, 8 hours.
(6) Hours of additional continuing education required under
subsection (5)(b) do not apply toward continuing education required
in
each year of a license cycle. The department may waive the
requirement for additional hours under subsection (5)(b) if the
applicant demonstrates to the department that the additional hours
would present an undue hardship on the applicant.
(7) If a real estate broker, associate real estate broker, or
salesperson receives a license that is issued after the beginning
of the current license cycle for that license, the department may
prorate the number of hours of eligible continuing education that
licensee is required to complete under subsections (1) and (2) for
the year of the license cycle in which the license is issued.
(8) Course credits used to meet continuing education
requirements under this section do not apply toward the real estate
broker's license prelicensure education requirements under section
2504, and course credits successfully completed under real estate
broker's license prelicensure education requirements under section
2504 do not apply toward the continuing education requirements of
this section.
(9) As used in this section, "eligible continuing education
course" means a continuing education course that meets the
standards established by the department by rule under subsection
(1)
(2)(e) and, if successfully completed by a licensee, is
counted
toward the licensee's continuing education requirements under this
section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
