HB2633 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-2103, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2103. Deposit of monies collected; revision of fees

A. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under the provisions of this chapter in the state general fund unless otherwise prescribed by law and except as provided in subsection B of this section.

B. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under section 32-2132, subsection A, paragraphs 3, 4, 7 and 8 in the real estate information technology fund established by section 32-2107.

B. C. Except as provided in subsection D of this section, each year the commissioner shall revise all fees collected under this chapter within the limits prescribed by this chapter in such a manner that the revenue derived from such fees equals at least ninety-five per cent percent but not more than one hundred ten per cent percent of the anticipated appropriated budget for the department for the succeeding fiscal year. If the revenue derived from the fees exceeds one hundred ten per cent percent of the anticipated appropriated budget for the department for the succeeding fiscal year, the commissioner shall lower the fees in the succeeding year in proportion to the excess.

D. The collected monies that are described in subsection B of this section may not be included in the revenue that is described in subsection C of this section. END_STATUTE

Sec. 2. Section 32-2107, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2107. Powers and duties of commissioner; compensation; administration of department; seal; revolving fund; technology fund

A. The commissioner shall have charge of the department with power to administer it in accordance with the provisions of and to carry out the purposes of this chapter. The commissioner shall adopt a seal which shall bear that bears the words "real estate commissioner, state of Arizona", which shall be and that is used for the authentication of to authenticate proceedings of the department and the official documents thereof. The commissioner's principal office shall be at the state capitol. The commissioner may have branch offices the commissioner deems necessary in other cities.

B. The commissioner shall receive compensation as determined pursuant to section 38-611.

C. The commissioner shall prepare and cause to be produced and circulated among the licensees and the general public educational matter the commissioner deems helpful and proper for the guidance to guide and assistance of assist both licensees and the public. The commissioner may assess a fee for each of these educational products that does not exceed a level reasonably estimated to be sufficient to recover production and distribution costs.

D. In cooperation with industry educators, content experts and other professionals, the commissioner may develop, sponsor or hold educational seminars and workshops for the benefit of licensees.

E. A the real estate department education revolving fund is established consisting of monies received from the sale of educational matter under subsection C of this section and grants of monies to be used in the production of educational products. Monies in the fund shall be used for the printing of to print a compilation of real estate laws and rules and other educational publications and for other educational efforts the commissioner deems helpful and proper for the guidance to guide and assistance of assist licensees and the public, including sponsoring and holding educational seminars or workshops for educators and other licensees. The state real estate department shall establish the revolving fund as a separate account. The state real estate department shall make a full accounting of its use to the department of administration annually or as required by the department of administration. Expenditures from the fund and reimbursement to the fund shall be as prescribed by rules of the department of administration. Monies received in the real estate department education revolving fund are not subject to reversion, except that all monies in the fund in excess of twenty-five thousand dollars that exceed $25,000 at the end of the fiscal year revert to the state general fund.

F. the real estate information technology fund is established. The real estate information technology fund shall be used to supplement the department's technological upgrades and updates to software and equipment, to contract with external vendors for technological upgrades and updates to software and equipment and to support software subscriptions. The fund may not be used to supplant the salaries of department staff. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

F. G. The commissioner shall adopt rules, in accord accordance with this chapter, as the commissioner deems necessary to carry out this chapter.

G. H. The commissioner may approve standardized legal forms for use in the sale or lease of real estate for the purpose of recognizing compliance of the forms with this chapter and the rules adopted pursuant to this chapter. END_STATUTE

Sec. 3. Section 32-2132, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2132. Fees

A. Except as provided in subsection D of this section, the following fees shall be charged and shall not be refunded by the commissioner after issuance of a receipt for payment:

1. A broker's examination application fee of not more than $125.

2. A broker's examination fee of not more than $100.

3. A broker's license fee of not more than: $250

(a) Through fiscal year 2027-2028, $25.

(b) Beginning in fiscal year 2028-2029, $15.

4. A broker's renewal fee of not more than: $400

(a) Through fiscal year 2027-2028, $25.

(b) Beginning in fiscal year 2028-2029, $15.

5. A salesperson's examination application fee of not more than $75.

6. A salesperson's examination fee of not more than $50.

7. A salesperson's license fee of not more than: $125

(a) Through fiscal year 2027-2028, $25.

(b) Beginning in fiscal year 2028-2029, $15.

8. A salesperson's renewal fee of not more than: $200

(a) Through fiscal year 2027-2028, $25.

(b) Beginning in fiscal year 2028-2029, $15.

9. A branch office broker's license fee or renewal fee of not more than $200.

10. A fee for a change of name and address of licensee on records of the department of not more than $20.

11. A duplicate license fee of $5.

12. A fee for reinstatement of license within the license period of $5.

13. A fee for each certificate of correctness of copy of records or documents on file with the department of $1, plus the cost to the department for reproducing the records or documents.

14. A temporary broker's license fee of not more than $50.

15. A temporary cemetery salesperson's license fee of not more than $50.

16. A membership camping salesperson certificate of convenience fee of not more than $50.

17. Fees in an amount to be determined by the commissioner by rule for the following:

(a) A certificate of approval or renewal to operate a school.

(b) An instructor or other school official approval or renewal fee.

(d) A prelicensure education live classroom course or prelicensure online course approval or renewal fee. The prelicensure course fee imposed by this subdivision shall be the same and the renewal course fee imposed by this subdivision shall be the same regardless of the instructional format a person uses to complete a prelicensure education course or instructional segment or a renewal education course or instructional segment.

(e) A continuing education distance learning course approval or renewal fee.

B. A corporation, partnership or limited liability company shall not be assessed a fee for the issuance of a broker's license.

C. The commissioner may contract for the processing of applications and the examination of applicants for licensure. The contract may provide for specific fees or a reasonable range for fees as determined by the commissioner for examination applications and examinations to be paid directly to the contractor by the applicant. These fees may not exceed the amounts prescribed in subsection A, paragraphs 1, 2, 5 and 6 of this section.

D. For good cause shown the commissioner may refund fees previously collected. END_STATUTE