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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
department of real estate; fees
Purpose
Removes the minimum fee amounts prescribed for real estate licensure. Defines live classroom course relating to real estate prelicensure and renewal education.
Background
The Arizona Department of Real Estate (ADRE) is established to protect the public interest through the licensure and regulation of real estate, cemetery and membership camping brokers and salespersons in Arizona (A.R.S. § 32-2102). ADRE oversees the business of licensees, land developers and real estate education institutions and monitors the sale of subdivisions, unsubdivided lands, timeshares, condominiums, membership campgrounds and cemeteries. ADRE participates in investigations and administrative hearings and administers the Homeowners Association Dispute Process (A.R.S. § 32-2199).
Statute determines a range for fees associated with each real estate license, examination and renewal. The following are the statutorily prescribed minimum fees: 1) $15 for a salesperson's examination application, a salesperson's examination, a temporary broker's license, a temporary cemetery salesperson's license and a membership camping salesperson certificate of convenience; 2) $35 for a broker's examination application, a broker's examination and a salesperson's license; 3) $60 for a salesperson's renewal, a branch office broker's license and a branch office broker's renewal; 4) $75 for a broker's license; and 5) $100 for a broker's renewal. The State Real Estate Commissioner is responsible for determining fee amounts relating to schools and other educational institutions. A corporation, partnership or limited liability company is exempt from the fee for the issuance of a broker's license (A.R.S. § 32-2132).
Live classroom
prelicensure education and continuing education courses are subject to approval
by ADRE. At least 30 days before holding a course of study for completion of
the education requirements leading to licensure of real estate applicants or
for license renewal requirements, an application for a certificate of course
approval or renewal must be filed with ADRE. For a live classroom course, the application
must include a course outline with sufficient detail to clearly identify the
scope and content of the course. The outline must state a desired instructional
outcome for the course. A prelicensure course outline that is submitted for
approval must be divided into estimated 50-minute instructional segments.
Course approval must not be:
1) unreasonably held; or 2) issued later than 30 days after filing with ADRE
for a live classroom course (A.R.S.
§ 32-2135).
If the removal of minimum fees for real estate licensure results in a change of revenues, there may be a fiscal impact to the state General Fund associated with this legislation.
Provisions
Real Estate Licensure Fees
1. Removes the $15 minimum fee for a salesperson's examination application, a salesperson's examination, a temporary broker's license, a temporary cemetery salesperson's license and a membership camping salesperson certificate of convenience.
2. Removes the $35 minimum fee for a broker's examination application, a broker's examination and a salesperson's license.
3. Removes the $60 minimum fee for a salesperson's renewal, a branch office broker's license and a branch office broker's renewal.
4. Removes the $75 minimum fee for a broker's license.
5. Removes the $100 minimum fee for a broker's renewal.
Real Estate Prelicensure and Renewal Education
6.
Defines live classroom course as a course or instructional
segment delivered in either an
in-person or synchronous remote instructional format that allows students to
observe and participate remotely in an instructional segment via livestreaming.
7. Clarifies that an applicant for an initial real estate salesperson or broker license may complete a live classroom course by a certified real estate school.
8. Requires an applicant for an initial real estate salesperson or broker license to complete an examination for a live classroom course in person.
9. Allows an applicant for an initial real estate salesperson or broker license to complete the required course in any combination of in-person or synchronous remote delivery methods.
10. Requires the prelicensure or renewal course fee to be the same regardless of the instructional format a person uses to complete a prelicensure or renewal education course or instructional segment.
Miscellaneous
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
2. Clarifies that an applicant for an initial real estate salesperson or broker license may complete a live classroom course by a certified real estate school.
3. Requires an applicant for an initial real estate salesperson or broker license to complete an examination for a live classroom course in person.
4. Allows an applicant for an initial real estate salesperson or broker license to complete the required course in any combination of in-person or synchronous remote delivery methods.
5. Requires the prelicensure or renewal course fee to be the same regardless of the instructional format a person uses to complete a prelicensure or renewal education course or instructional segment.
6. Makes technical and conforming changes.
House Action Senate Action
COM 2/15/22 DP 10-0-0-0 COM 3/9/22 DP 9-0-0
3rd Read 2/23/22 59-0-1
Prepared by Senate Research
May 25, 2022
JT/CY/sr