1997 Regular Session
To: Business and Financial Institutions
By: Senator(s) Hewes
Senate Bill 2612
AN ACT TO AMEND SECTION 73-35-7, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT OF UNITED STATES CITIZENSHIP FOR RECEIVING A REAL ESTATE BROKER'S LICENSE; TO AUTHORIZE THE REAL ESTATE COMMISSION TO APPROVE PRELICENSING EDUCATIONAL COURSES REQUIRED FOR A REAL ESTATE BROKER'S LICENSE; TO AMEND SECTION 73-35-25, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT DISCIPLINARY PROCEEDINGS OF THE COMMISSION MAY BE APPEALED TO CIRCUIT COURT; 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 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. Every applicant 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 immediately prior to making application for the broker's examination; and (e) shall have successfully completed a minimum of one hundred twenty (120) classroom hours or equivalent as determined by the commission of courses in real estate, which courses of study are approved by the commission for the purpose of meeting licensing requirements and shall include basic real estate principles, real estate law, valuation of property, real estate finance and other specialized real estate topics.
An applicant who has not held an active real estate salesperson's license for a period of at least twelve (12) months immediately prior to submitting an application shall have successfully completed a minimum of one hundred fifty (150) classroom hours or equivalent as determined by the commission in real estate courses, which courses of study are approved by the commission for the purpose of meeting licensing requirements and shall include basic real estate principles, real estate law, valuation of property, real estate finance and other specialized real estate topics. Certification of the successful completion of the above courses shall be sent to the commission office with the application to take the broker's examination.
No broker's license shall be issued to a partnership, association, company or corporation unless all the members, owners or officers thereof who will actively engage in the real estate business will be licensed as brokers on active status.
Every applicant for a resident license as a real estate salesperson shall be age eighteen (18) years or over * * * and a bona fide resident of the State of Mississippi prior to filing his application, and shall have successfully completed a minimum of sixty (60) classroom hours or equivalent as determined by the commission of courses in real estate, which courses of study are approved by the commission for the purpose of meeting licensing requirements and shall include basic real estate principles, real estate law, valuation of property, real estate finance and other specialized real estate topics. Certification of the successful completion of * * * the above courses shall be sent to the commission with the application to take the salesperson's examination.
No regulation, rule or interpretation shall be adopted or applied which establishes additional qualifications other than those established under this section. Any existing regulation, rule or interpretation which is not in accord with this section is hereby abrogated and is without effect. The Real Estate Commission shall publish and supply regulations consistent with this section to replace existing publications which are contrary to this section.
The educational requirements set forth in this section shall be effective on July 1, 1997. Provided, those persons holding an active broker's or salesperson's license on July 1, 1997, shall not be required to meet the provisions of this section with regard to the particular license which they hold at that time. 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, however, * * * that such state extends this same privilege or exemption to Mississippi real estate licensees.
SECTION 2. Section 73-35-25, Mississippi Code of 1972, is amended as follows:
73-35-25. (1) Any applicant or licensee or person aggrieved as a result of proceeedings specified in Section 73-35-23 shall have the right of appeal from any adverse ruling or order or decision of the commission to the circuit court of the county of residence of the applicant, licensee or person, or of the First Judicial District of Hinds County, within thirty (30) days from the service of notice of the action of the commission upon the parties in interest.
(2) Notice of appeals shall be filed in the office of the clerk of the court who shall issue a writ of certiorari directed to the commission commanding it, within thirty (30) days after service thereof, to certify to such court its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard in due course by said court, without a jury, which shall review the record and make its determination of the cause between the parties.
(3) Any order, ruling or decision of the commission shall not take effect until after the time for appeal to said court shall have expired. In the event an appeal is taken by a defendant, such appeal may act, in the discretion of the court, as a supersedeas and the court shall dispose of said appeal and enter its decision promptly.
(4) Any person taking an appeal shall post a satisfactory bond in the amount of One Thousand Dollars ($1,000.00) for the payment of any costs which may be adjudged against him.
(5) Actions taken by the commission in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 1997.