MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary A
By: Representatives White, Aguirre, Bain, Barnett, Beckett, Bell (21st), Bounds, Burnett, Calvert, Carpenter, Creekmore IV, Deweese, Eure, Evans (45th), Felsher, Ford (54th), Ford (73rd), Hood, Horan, Hudson, Lamar, Mangold, Massengill, McGee, McLean, Mims, Newman, Oliver, Sanford, Scoggin, Shanks, Smith, Steverson, Yancey, Hale, Boyd
AN ACT TO AMEND SECTION 73-35-7, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENTS TO BE GRANTED A REAL ESTATE BROKERS LICENSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-35-7, Mississippi Code of 1972, is amended as follows:
73-35-7. Licenses shall be
granted only to persons who present, and to corporations, partnerships,
companies or associations whose officers, associates or partners present
satisfactory proof to the commission that they are trustworthy and competent to
transact the business of a real estate broker or real estate salesperson in
such manner as to safeguard the interests of the public. Except as
otherwise provided in this section, every person who applies for a resident
license as a real estate broker: (a) shall be age twenty-one (21) years or
over, and have his legal domicile in the State of Mississippi at the time he
applies; (b) shall be subject to the jurisdiction of this state, subject to the
income tax laws and other excise laws thereof, subject to the road and bridge
privilege tax laws thereof; (c) shall not be an elector in any other state; (d)
shall have held a license as an active real estate salesperson for twelve (12) months * * * prior to making application for
the broker's examination hereafter specified; (e) shall have successfully
completed a minimum of one hundred twenty (120) hours of courses in real estate
as hereafter specified; (f) shall have successfully completed the real estate broker's
examination as hereafter specified; and (g) shall have successfully been
cleared for licensure by the commission's background investigation as provided
in Section 73-35-10; and (h) sign a form
under penalty of perjury stating that the applicant will not hire any real
estate salespersons for thirty-six (36) months from the date of approval of his
or her active real estate salesperson's license. The real estate commission
shall create a standard form to comply with the requirements of this section.
Upon completion of such restriction provided in this paragraph (h) of this
section, the real estate broker is authorized to employ any number of real
estate salespersons.
The provisions of paragraph (h) shall not apply to an applicant who seeks to hire a real estate salesperson in less than thirty-six (36) months from the date of approval of his or her active real estate salesperson's license. Any person who desires to hire a real estate salesperson in less than thirty-six (36) months from the date of approval of his or her active real estate salesperson's license shall: (a) be age twenty-one (21) years or over, and have his or her legal domicile in the State of Mississippi at the time he or she applies; (b) be subject to the jurisdiction of this state, subject to the income tax laws and other excise laws thereof, subject to the road and bridge privilege tax laws thereof; (c) not be an elector in any other state; (d) have held a license as an active real estate salesperson for thirty-six (36) months prior to making application for the broker's examination hereafter specified; (e) have successfully completed a minimum of one hundred twenty (120) hours of courses in real estate as hereafter specified; (f) have successfully completed the real estate broker's examination as hereafter specified; and (g) have successfully been cleared for licensure by the commission's background investigation as provided in Section 73-35-10.
An applicant who has
not held an active real estate salesperson's license for a period of at least * * * thirty-six (36) months * * * prior to submitting an application
shall have successfully completed a minimum of one hundred fifty (150)
classroom hours in real estate courses, which courses are acceptable for credit
toward a degree at a college or university as approved by the Southern
Association of Colleges and Schools.
Every applicant for a resident license as a real estate salesperson shall be age eighteen (18) years or over, shall be a bona fide resident of the State of Mississippi prior to filing his application, shall have successfully completed a minimum of sixty (60) hours in courses in real estate as hereafter specified, and shall have successfully completed the real estate salesperson's examination as hereafter specified.
The residency requirements set forth in this section shall not apply to those licensees of other states who qualify and obtain nonresident licenses in this state.
The commission is authorized to exempt from such prelicensing educational requirements, in whole or in part, a real estate licensee of another state who desires to obtain a license under this chapter, provided that the prelicensing educational requirements in the other state are determined by the commission to be equivalent to prelicensing educational requirements in this state and provided that such state extends this same privilege or exemption to Mississippi real estate licensees. The issuance of a license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020.