THE SENATE	S.B. NO.	2602
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to real estate licensees.

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

     SECTION 1.  The legislature finds that the continual evolution of the real estate industry requires that real estate brokers and salespersons regularly update their knowledge of changes to the real estate industry.  The legislature further finds that an increase in continuing education hours will advance the level of professionalism in the real estate industry.

     The purpose of this Act is to increase professionalism among real estate licensees by:

     (1)  Increasing the minimum required continuing education hours for real estate brokers and salespersons from ten hours to twenty hours in each two-year licensing period; and

     (2)  Requiring that a real estate licensee possess a high school diploma or its equivalent as determined by the real estate commission.

     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] Is a United States citizen[,] or a United States national, or [an alien] is authorized to work in the United States[, and of the age of majority; and];

(2) Is at least eighteen years old;

(3) Possesses a high school diploma or its equivalent, as determined by the commission; and

    [(2)  Applying] (4) Is 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."

     SECTION 3.  Section 467-11.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Prior to the license renewal of a real estate broker or real estate salesperson, the licensee shall provide the commission with proof of having attended [ten] a minimum of twenty hours of continuing education or its equivalent as determined by the commission during the two-year period preceding the application for renewal.  Failure to satisfy the continuing education requirement by the license expiration date shall result in the renewed license being automatically placed on an "inactive" status."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 1, 2011.

INTRODUCED BY:

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Report Title:

Real Estate Broker and Salespersons;  Continuing Education; High School Diploma

Description:

Requires that a real estate broker or salesperson possess a high school diploma or its equivalent.  Increases the continuing education requirement for real estate licensees from ten to twenty hours in a two-year period.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.