MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Business and Financial Institutions

By: Senator(s) White, Little

Senate Bill 2724

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 73-35-14.5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY REAL ESTATE BROKER WHOSE TEMPORARY LICENSE HAS EXPIRED FOR FAILING TO COMPLETE THE THIRTY-HOUR POST-LICENSE COURSE SHALL HAVE HIS TEMPORARY LICENSE REINSTATED UPON PAYMENT TO THE REAL ESTATE COMMISSION OF AN ADMINISTRATIVE FINE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-35-14.5, Mississippi Code of 1972, is amended as follows:

     [Until September 1, 2004, the following section shall read as follows:]

     73-35-14.5.  (1)  Upon passing the Mississippi broker's or salesperson's examination and complying with all other conditions for licensure, a temporary license shall be issued to the applicant.  The fee for the temporary license shall also be the same for the permanent license as provided in Section 73-35-17.  A temporary license shall be valid for a period of one (1) year following the first day of the month after its issuance.

     (2)  All Mississippi residents who apply for and receive a nonresident Mississippi broker's or salesperson's license shall be subject to the requirements under this section, including temporary licensure and completion of a thirty-hour post-license course.

     (3)  The holder of a temporary license shall not be issued a permanent license until he has satisfactorily completed a thirty-hour post-license course prescribed by the commission and offered by providers specifically certified by the commission to offer this mandated post-license education.  The holder of a temporary license shall complete the entire thirty-hour course within twelve (12) months of issuance of his temporary license; otherwise this temporary license shall automatically be placed on inactive status by the Mississippi Real Estate Commission.  If the holder of the temporary license does not complete the course and have his permanent license issued within one (1) year following the first day of the month after its issuance, the temporary license shall automatically expire and lapse.  A temporary license is not subject to renewal procedures in this chapter and may not be renewed.  However, any broker whose temporary license has expired for failing to complete the thirty-hour post-license course shall have his temporary broker license reinstated for ninety (90) days upon payment to the commission of an administrative fine in the amount of One Thousand Dollars ($1,000.00).  If the holder of the reinstated temporary license does not complete the course and have his permanent license issued within ninety (90) days following the reinstatement, the temporary license shall automatically expire and lapse.

     (4)  The thirty-hour post-license course shall be offered by providers certified and approved by the commission, and an annual certification fee of One Thousand Dollars ($1,000.00) shall be charged to providers.  The thirty-hour post-license coursework shall be offered in no less than fifteen-hour increments of classroom instruction.  No more than eight (8) hours may be earned in a single day.  The commission shall determine standards for approval of post-license courses and course providers, and shall require certification of such coursework of the applicant.  There shall be different content criteria for post-license education for salesperson licensees and for broker licensees.  In the post-license course for salesperson licensees, a minimum of twenty-four (24) hours of the thirty-hour coursework shall be in the following subjects:  agency relationships, contracts, earnest money, antitrust, fair housing, ethics and property condition disclosure.  The remaining six (6) hours shall be in subjects intended to enhance the competency of salesperson licensees in representing consumers, and may include the following subjects:  pricing property, environmental issues, home inspections, leases and property management, and mortgage processes.  In the post-license course for broker licensees, a minimum of twenty-four (24) hours of the thirty-hour coursework shall be in the following subjects:  managing escrow accounts, intraoffice confidentiality, broker responsibilities to licensees, office policies and procedures (including agency office policies), broker agreements with licensees and assistants and Mississippi Real Estate Commission required forms and any other subject as the commission may, by rule, require to be included in such course.  The remaining six (6) hours shall be in subjects intended to enhance the competency of brokers, including, without limitation, managing agents, recruiting, retention, budgeting and financial planning.

     (5)  The holder of an active license who has satisfactorily completed the post-license course and whose permanent license has been issued shall not be subject to the sixteen-hour continuing education requirement in this chapter for the first renewal of his permanent license.

     [From and after September 1, 2004, the following section shall read as follows:]

     73-35-14.5.  (1)  Upon passing the Mississippi broker's or salesperson's examination and complying with all other conditions for licensure, a temporary license shall be issued to the applicant.  The fee for the temporary license shall also be the same for the permanent license as provided in Section 73-35-17.  A temporary license shall be valid for a period of one (1) year following the first day of the month after its issuance.

     (2)  All Mississippi residents who apply for and receive a nonresident Mississippi broker's or salesperson's license shall be subject to the requirements under this section, including temporary licensure and completion of a thirty-hour post-license course.

     (3)  The holder of a temporary license shall not be issued a permanent license until he has satisfactorily completed a thirty-hour post-license course prescribed by the commission and offered by providers specifically certified by the commission to offer this mandated post-license education.  The holder of a temporary license shall complete the entire thirty-hour course within twelve (12) months of issuance of his temporary license; otherwise this temporary license shall automatically be placed on inactive status by the Mississippi Real Estate Commission.  If the holder of the temporary license does not complete the course and have his permanent license issued within one (1) year following the first day of the month after its issuance, the temporary license shall automatically expire and lapse.  A temporary license is not subject to renewal procedures in this chapter and may not be renewed.

     (4)  The thirty-hour post-license course shall be offered by providers certified and approved by the commission, and an annual certification fee of One Thousand Dollars ($1,000.00) shall be charged to providers.  The thirty-hour post-license coursework shall be offered in no less than fifteen-hour increments of classroom instruction.  No more than eight (8) hours may be earned in a single day.  The commission shall determine standards for approval of post-license courses and course providers, and shall require certification of such coursework of the applicant.  There shall be different content criteria for post-license education for salesperson licensees and for broker licensees.  In the post-license course for salesperson licensees, a minimum of twenty-four (24) hours of the thirty-hour coursework shall be in the following subjects:  agency relationships, contracts, earnest money, antitrust, fair housing, ethics and property condition disclosure.  The remaining six (6) hours shall be in subjects intended to enhance the competency of salesperson licensees in representing consumers, and may include the following subjects:  pricing property, environmental issues, home inspections, leases and property management, and mortgage processes.  In the post-license course for broker licensees, a minimum of twenty-four (24) hours of the thirty-hour coursework shall be in the following subjects:  managing escrow accounts, intraoffice confidentiality, broker responsibilities to licensees, office policies and procedures (including agency office policies), broker agreements with licensees and assistants and Mississippi Real Estate Commission required forms and any other subject as the commission may, by rule, require to be included in such course.  The remaining six (6) hours shall be in subjects intended to enhance the competency of brokers, including, without limitation, managing agents, recruiting, retention, budgeting and financial planning.

     (5)  The holder of an active license who has satisfactorily completed the post-license course and whose permanent license has been issued shall not be subject to the sixteen-hour continuing education requirement in this chapter for the first renewal of his permanent license.

     SECTION 2.  This act shall take effect and be in force from and after its passage.