Bill Text: NC S294 | 2015-2016 | Regular Session | Amended
Bill Title: Changes to Real Estate Broker License Fees
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2015-03-17 - Ref To Com On Rules and Operations of the Senate [S294 Detail]
Download: North_Carolina-2015-S294-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 1
SENATE BILL 294
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Short Title: Changes to Real Estate Broker License Fees. |
(Public) |
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Sponsors: |
Senators Gunn (Primary Sponsor); Lee, McInnis, Smith, and Wells. |
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Referred to: |
Rules and Operations of the Senate. |
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March 17, 2015
A BILL TO BE ENTITLED
AN ACT to increase the fee for real estate broker license applications and reinstatements and to increase the cap for renewal fees.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 93A‑4 reads as rewritten:
"§ 93A‑4. Applications for licenses; fees; qualifications; examinations; privilege licenses; renewal or reinstatement of license; power to enforce provisions.
(a) Any person, partnership, corporation, limited
liability company, association, or other business entity hereafter desiring to
enter into business of and obtain a license as a real estate broker shall make
written application for such license to the Commission in the form and manner
prescribed by the Commission. Each applicant for a license as a real estate broker
shall be at least 18 years of age. Each applicant for a license as a real
estate broker shall, within three years preceding the date the application is
made, have satisfactorily completed, at a school approved by the Commission, an
education program consisting of at least 75 hours of classroom instruction
in subjects determined by the Commission, or shall possess real estate
education or experience in real estate transactions which the Commission shall
find equivalent to the education program. Each applicant for a license as a
real estate broker shall be required to pay a fee, fixed by the Commission
but not to exceed thirty dollars ($30.00).fee. The application fee shall
be one hundred dollars ($100.00) unless the Commission sets the fee at a higher
amount by rule; however, the Commission shall not set a fee that exceeds two
hundred dollars ($200.00). The application fee shall not increase by more than
ten dollars ($10.00) during a 12‑month period.
(a1) Each person who is issued a real estate broker license
on or after April 1, 2006, shall initially be classified as a provisional
broker and shall, within three years following initial licensure,
satisfactorily complete, at a school approved by the Commission, a
postlicensing education program consisting of 90 hours of classroom instruction
in subjects determined by the Commission or shall possess real estate education
or experience in real estate transactions which the Commission shall find
equivalent to the education program. The Commission may, by rule, establish a
schedule for completion of the prescribed postlicensing education that requires
provisional brokers to complete portions of the 90‑hour postlicensing
education program in less than three years, and provisional brokers must comply
with this schedule in order to be entitled to actively engage in real estate
brokerage. Upon completion of the postlicensing education program, the
provisional status of the broker's license shall be terminated. When a
provisional broker fails to complete all 90 hours of required postlicensing
education within three years following initial licensure, the broker's license
shall be placed on inactive status. The broker's license shall not be returned
to active status until he or she has satisfied such requirements as the Commission
may by rule require. Every license cancelled after April 1, 2009, because the
licensee failed to complete postlicensing education shall be reinstated on
inactive status until such time as the licensee satisfies the requirements for
returning to active status as the Commission may by rule require.
…
(c) All licenses issued by the Commission under the
provisions of this Chapter shall expire on the 30th day of June following
issuance or on any other date that the Commission may determine and shall become
invalid after that date unless reinstated. A license may be renewed 45 days
prior to the expiration date by filing an application with and paying to the
Executive Director of the Commission the license renewal fee. The license
renewal fee is thirty dollars ($30.00) shall be forty‑five
dollars ($45.00) unless the Commission sets the fee at a higher amount. The
amount by rule; however, the Commission may shall not set
the license renewal fee at an amount that does not exceed fifty dollars
($50.00). exceeds two hundred dollars ($200.00). The license renewal
fee may not increase by more than five dollars ($5.00) ten dollars
($10.00) during a 12‑month period. The Commission may adopt rules
establishing a system of license renewal in which the licenses expire annually
with varying expiration dates. These rules shall provide for prorating the
annual fee to cover the initial renewal period so that no licensee shall be
charged an amount greater than the annual fee for any 12‑month period.
The fee for reinstatement of an expired expired, revoked, or
suspended license shall be fifty‑five dollars ($55.00). an
amount equal to two times the license renewal fee at the time the application
for reinstatement is submitted. In the event a licensee fails to obtain a
reinstatement of such license within six months after the expiration date
thereof, the Commission may, in its discretion, consider such person as not
having been previously licensed, and thereby subject to the provisions of this
Chapter relating to the issuance of an original license, including the
examination requirements set forth herein. Duplicate licenses may be issued by
the Commission upon payment of a fee of five dollars ($5.00) by the licensee.
Commission certification of a licensee's license history shall be made only
after the payment of a fee of ten dollars ($10.00).
…."
SECTION 2. This act becomes effective January 1, 2016.
