2017 -- H 5532

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LC001317

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - REAL ESTATE BROKERS AND

SALESPERSONS

     Introduced By: Representative Michael Morin

     Date Introduced: February 16, 2017

     Referred To: House Corporations

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-20.5-4 of the General Laws in Chapter 5-20.5 entitled "Real

Estate Brokers and Salespersons" is hereby amended to read as follows:

     5-20.5-4. Examination of applicants -- Examination fee -- Licensing without

examination.

     (a) The director shall require any applicant for a real estate broker's or salesperson's

license to submit to and pass a written examination to show the applicant's knowledge of the state

statutes and the rules and regulations relating to real property, deeds, mortgages, leases, contracts,

and agency. An applicant shall not be required to take the uniform portion of the Rhode Island

real estate licensing examination if the applicant provides sufficient evidence that the applicant

possesses an existing valid real estate license from a state that has similar statutes or regulations

in effect which provide for reciprocal waiver of the uniform portion of the real estate licensing

examination for persons holding an existing valid Rhode Island real estate broker's or

salesperson's license. An applicant for a real estate broker's or salesperson's license, prior to the

taking of the examination, must pay an examination fee, the cost of which is limited to the charge

as designated by the appropriate testing service's contract with the department of business

regulation.

     (b) An applicant for a real estate salesperson's license must submit satisfactory evidence

of completion of a minimum of forty-five (45) classroom hours in a real estate course given by a

school as defined in § 5-20.5-19. The applicant for a broker's license must also submit

satisfactory proof that he or she; (i) has Has been engaged full time as a real estate salesperson for

at least two (2) years immediately prior to the date of application, except that the period is waived

if the applicant has received a baccalaureate degree with a major in real estate, from an accredited

college or university; or and (ii) has Has successfully completed at least ninety (90) hours of

approved classroom study in a school as defined in § 5-20.5-19, or equivalent in a

correspondence course offered by an extension department of an accredited college or university.

The director, in his or her sole discretion, may require any additional evidence or proof, as to the

honesty, trustworthiness, integrity, good reputation, and competency of any applicant.

     (c) Any successful applicant who fails to remit the original license fee as provided in § 5-

20.5-11 within one year of the date of that examination may be required by the director to re-

submit to and pass a written examination as provided in subsection (a) of this section.

     (d) When an attorney-at-law licensed by the supreme court of the state desires to have a

real estate broker's license or a real estate salesperson's license, the attorney, by application, and

upon payment of the applicable fee as provided in § 5-20.5-11, shall be granted a license without

examination.

     (e) A certificate of licensure shall be issued by the real estate division of the department

of business regulation within thirty (30) days after it is requested at a cost of not more than

twenty-five dollars ($25.00) for each certificate issued.

     SECTION 2. This act shall take effect on September 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - REAL ESTATE BROKERS AND

SALESPERSONS

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     This act would remove the exception to qualification for a broker's license previously

granted those with a baccalaureate in real estate.

     This act would take effect on September 1, 2017.

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LC001317

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