07
SB114/AP
Senate
Bill 114
By:
Senators Shafer of the 48th, Williams of the 19th, Johnson of the 1st, Rogers of
the 21st, Pearson of the 51st and others
AS
PASSED
AN
ACT
To
amend Title 43 of the Official Code of Georgia Annotated, relating to
professions and businesses, so as to change certain provisions relating to
points given to disabled veterans taking examinations for licensing; to provide
that certain time periods shall have passed after completing the terms and
conditions of a sentence for certain criminal convictions before making an
application for appraiser classification or approval to the Georgia Real Estate
Appraiser Board; to provide for additional criminal offenses for which the board
may deny a classification or approval; to change provisions relating to lapsed
appraisal classifications; to permit the board to provide certain educational
materials to consumers; to provide that certain time periods shall have passed
after completing the terms and conditions of a sentence for certain criminal
convictions before making an application for licensure to the Georgia Real
Estate Commission; to provide for additional criminal offenses for which the
commission may deny a license; to change the term "in-class hour" to
"instructional hour"; to change the number of instructional hours for a broker
prelicense course of study; to change the required number of continuing
education hours for each year of the renewal period established by the
commission; to provide for certain provisions relating to persons on active
military duty or serving in the General Assembly; to permit the commission to
provide certain educational materials to consumers; to provide that brokers are
entitled to trust funds only after consummation or termination of the
transaction; to permit a licensee to deal directly with another licensee´s
client under certain circumstances; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
business, is amended by revising paragraphs (2) and (3) as follows of Code
Section 43-1-9, relating to point credit for veterans taking examinations given
by professional licensing boards, as follows:
"(2)
Any applicant who is a disabled veteran and who served on active duty in the
armed forces of the United States or on active duty in a reserve component of
the armed forces of the United States, including the National Guard, during
wartime or during any conflict when military personnel were committed by the
President of the United States shall be entitled to a credit of five points if
the disability was for an injury or illness incurred in the line of duty and
such disability is officially rated at less than 10 percent at the time of
taking the examination. Such points shall be added by the person grading the
examination to the grade made by the applicant in answering the questions
propounded in any such examination; and
(3)
Any applicant who is a disabled veteran who served on active duty in the armed
forces of the United States or on active duty in a reserve component of the
armed forces of the United States, including the National Guard, during wartime
or during any conflict when military personnel were committed by the President
of the United States shall be entitled to a credit of ten points if the
disability was for an injury or illness incurred in the line of duty and such
disability is officially rated at 10 percent or above at the time of taking the
examination. Such points shall be added by the person grading the examination to
the grade made by the applicant in answering questions propounded in any such
examination."
SECTION
2.
Said
title is further amended in Chapter 39A, relating to real estate appraisers, by
revising Code Section 43-39A-8, relating to the establishment of appraiser
classifications complying with federal law, continuing education courses
required for renewal of classification, and approval of instructors, by adding
two new subsections to read as follows:
"(a.1)
In order to qualify to become an applicant for an appraiser classification or
approval, an individual shall:
(1)
Have attained the age of 18 years;
(2)
Be a resident of the State of Georgia, unless that person has fully complied
with the provisions of Code Section 43-39A-9;
(3)
Have attained the level of education that the board may establish through its
rules and regulations;
(4)
Have complied fully with the requirements of subsection (b) of Code Section
43-39A-14 regarding any criminal convictions;
(5)
Furnish evidence of completion of the instructional hours in any course of study
the board may require through its rules and regulations; and
(6)
Stand and pass an examination administered by or approved by the board covering
generally the matters confronting real property appraisers after completing the
requirements of paragraph (5) of this subsection.
Failure
to meet any of these requirements shall be grounds for denial of classification
or approval without a hearing."
"(f)
The board may prepare and distribute to appraisers under this chapter
educational material deemed of assistance in the conduct of their business. The
board may prepare and distribute to the public educational material deemed of
assistance to consumers engaging in business in real estate appraisals with
persons classified under this chapter."
SECTION
3.
Said
title is further amended in Chapter 39A by revising subsection (f) of Code
Section 43-39A-11, relating to fees for examination, activation, and renewal and
reactivation of lapsed or inactive appraiser classification, as
follows:
"(f)
Any resident appraiser whose appraiser classification lapses for failure to pay
a renewal fee may reactivate that appraiser classification within two years of
the date of its lapsing by paying the total amount of all renewal fees and late
charges which would have been due during the period when the appraiser
classification was lapsed plus a reactivation fee. If any resident appraiser
allows an appraiser classification to lapse for a period longer than two years
due solely to a failure to pay a renewal fee, the resident appraiser may have
that appraiser classification reinstated by paying the total amount of all
renewal fees and late charges which would have been due during the period when
the appraiser classification was lapsed plus a reactivation fee and by
successfully completing any educational course or courses which the board may
require. Any resident appraiser whose appraiser classification has lapsed for
longer than five years and who seeks to have that appraiser classification
reinstated shall requalify as an original applicant as set forth in Code Section
43-39A-8. Any nonresident appraiser whose appraiser classification lapses for
failure to pay a renewal fee may reactivate that appraiser classification by
paying the fee required of an original applicant if such nonresident appraiser
has maintained an active classification in his or her state of residence during
the period that his or her classification lapsed. The board may refuse to renew
an appraiser classification if the appraiser has continued to perform real
estate appraisal activities following the lapsing of that appraiser
classification."
SECTION
4.
Said
title is further amended in Chapter 39A by revising subsection (b) of Code
Section 43-39A-14, relating to required conduct of applicants and refusal of
classification, as follows:
"(b)(1)
As used in this subsection, the term:
(A)
'Conviction' means a finding or verdict of guilty or a plea of guilty to a
charge of a felony or any crime involving moral turpitude, regardless of whether
an appeal of the conviction has been brought; a sentencing to first offender
treatment without an adjudication of guilt pursuant to a charge of a felony or
any crime involving moral turpitude; or a plea of nolo contendere to a charge of
a felony or any crime involving moral turpitude.
(B)
'Felony' includes any offense which, if committed in this state, would be deemed
a felony, without regard to its designation elsewhere.
(1.1)
No person who has a conviction shall be eligible to become an applicant for a
license or an approval authorized by this chapter unless such person has
successfully completed all terms and conditions of any sentence imposed for such
conviction; provided that if such individual has multiple convictions, at least
five years shall have passed since the individual satisfied all terms and
conditions of any sentence imposed for the last conviction before making
application for licensure or approval; and provided that if such individual has
a single conviction, at least two years shall have passed since the individual
satisfied all terms and conditions of any sentence imposed for the last
conviction before making application for licensure or approval.
(1.2)
A person who has a conviction in a court of competent jurisdiction of this or
any other state, district, or territory of the United States, or of a foreign
country, shall be eligible to become an applicant for a licensure or an approval
authorized by this chapter only if:
(A)
Such person has satisfied all terms and conditions of any conviction such person
may have had before making application for licensure or approval; provided that
if such individual has multiple convictions, at least five years shall have
passed since the individual satisfied all terms and conditions of any sentence
imposed for the last conviction before making application for licensure or
approval; and provided that if such individual has been convicted of a single
felony or of a single crime of moral turpitude, at least two years shall have
passed since the individual satisfied all terms and conditions of any sentence
imposed for the last conviction before making application for licensure or
approval;
(B)
No criminal charges for forgery, embezzlement, obtaining money under false
pretenses, theft, extortion, conspiracy to defraud, a felony, a sex offense, a
probation violation, or a crime involving moral turpitude are pending against
the person; and
(C)
Such person presents to the commission satisfactory proof that the person now
bears a good reputation for honesty, trustworthiness, integrity, and competence
to transact the business of a licensee in such a manner as to safeguard the
interest of the public.
(2)
Where an applicant for any classification or approval authorized by this chapter
has been convicted in a court of competent jurisdiction of this or any other
state, district, or territory of the United States or of a foreign country of
the offense of forgery, embezzlement, obtaining money under false pretenses,
theft, extortion, or conspiracy to defraud or other like offense or offenses or
has been convicted of a felony, a sex offense, a probation violation, or a crime
involving moral turpitude, such conviction in itself may be a sufficient ground
for refusal of a classification or approval. An applicant for any
classification or approval authorized by this chapter who has been convicted of
any offense enumerated in this paragraph may be issued a classification or
approval by the board only if:
(A)
The time periods identified in paragraph (1) of this subsection have passed
since the applicant was convicted, sentenced, or released from any
incarceration, whichever is later;
(B)
No criminal charges are pending against the applicant; and
(C)
The applicant presents to the board satisfactory proof that the applicant now
bears a good reputation for honesty, trustworthiness, integrity, and competence
to transact real estate appraisal activity in such a manner as to safeguard the
interests of the public."
SECTION
5.
Said title is further amended in Chapter 40, relating to real estate brokers and
salespersons, by revising Code Section 43-40-8, relating to license
requirements, as follows:
"43-40-8.
(a)
In order to qualify to become an applicant for a community association
manager´s license, an individual shall:
(1)
Have attained the age of 18 years;
(2)
Be a resident of the State of Georgia, unless that person has fully complied
with the provisions of Code Section 43-40-9;
(3)
Be a high school graduate or the holder of a certificate of
equivalency;
(3.1)
Have complied fully with the requirements of subsection (b) of Code Section
43-40-15 regarding any criminal convictions;
(4)
Furnish evidence of completion of at least 25 instructional hours in a community
association manager´s course of study approved by the commission;
and
(5)
Stand and pass a real estate examination administered by or approved by the
commission covering generally the matters confronting real estate brokers who
provide community association management services and community association
managers after completing the requirements of paragraph (4) of this
subsection.
Failure
to meet any of these requirements shall be grounds for denial of license without
a hearing.
(b)
In order to qualify to become an applicant for a salesperson´s license, an
individual shall:
(1)
Have attained the age of 18 years;
(2)
Be a resident of the State of Georgia, unless that person has fully complied
with the provisions of Code Section 43-40-9;
(3)
Be a high school graduate or the holder of a certificate of
equivalency;
(3.1)
Have complied fully with the requirements of subsection (b) of Code Section
43-40-15 regarding any criminal convictions;
(4)
Furnish evidence of completion of at least 75 instructional hours in a
salesperson´s course of study approved by the commission; and
(5)
Stand and pass a real estate examination administered by or approved by the
commission covering generally the matters confronting real estate brokers and
salespersons after completing the requirements of paragraph (4) of this
subsection.
Failure
to meet any of these requirements shall be grounds for denial of license without
a hearing.
(c)
In order to qualify to become an applicant for a broker or associate
broker´s license, an individual shall:
(1)
Have attained the age of 21 years;
(2)
Be a resident of the State of Georgia, unless that person has fully complied
with the provisions of Code Section 43-40-9;
(3)
Be a high school graduate or the holder of a certificate of
equivalency;
(3.1)
Have complied fully with the requirements of subsection (b) of Code Section
43-40-15 regarding any criminal convictions;
(4)
Have maintained a license in active status for at least three of the five years
immediately preceding the filing of an application to become a
broker;
(5)
Furnish evidence of completion of 60 instructional hours in a broker´s
course of study approved by the commission, provided that if licensed as a
community association manager, the applicant shall furnish evidence of
completion of an additional 75 instructional hours in courses or a course of
study approved by the commission; and
(6)
Stand and pass a real estate examination administered by or approved by the
commission covering generally the matters confronting real estate brokers after
completing the requirements of paragraph (5) of this subsection and after
serving at least two years of active licensure.
Failure
to meet any of these requirements shall be grounds for denial of license without
a hearing.
(d)
Upon being issued an original salesperson´s license, each salesperson shall
be required to furnish the commission, within one year of the issuance of a
license, evidence of satisfactory completion of a course of study of at least 25
instructional hours approved by the commission. As a condition of satisfactory
completion of this course, the licensee shall stand and pass an examination that
the commission approves and that covers the subject matter contained in the
course. The license of any salesperson who fails to complete satisfactorily in
a timely manner the course provided for in this subsection shall lapse, and the
salesperson´s wall certificate of licensure and pocket card shall
immediately be surrendered to the commission. Any salesperson whose license
lapses for failure to complete satisfactorily an approved 25 instructional hour
course may reinstate the license in the following manner:
(1)
Any salesperson who has enrolled in any approved 25 instructional hour course
within one year of the issuance of an original license, has paid all required
fees for the course, and has not completed all in-class sessions, required
exercises, or examinations for any reason may reinstate the license by
completing the course within six months of the lapsing of the license;
or
(2)
Any salesperson who fails to reinstate a lapsed license as provided in paragraph
(1) of this subsection shall complete 25 instructional hours in a course of
study approved by the commission and pay such penalty fees as the commission may
require through its rules and regulations before making application to reinstate
such license.
(e)
Except those individuals actively licensed on January 1, 1980, each applicant
for renewal of an active license shall furnish to the commission before renewing
a license evidence of satisfactorily completing a continuing education course or
courses approved by the commission. The length of the course or courses taken
by licensees to meet this requirement of continuing education shall total at
least six instructional hours for each year of the renewal period established by
the commission. The commission shall not require the passing of an examination
to meet this requirement. Continuing education courses shall be provided by all
educational or duly authorized instructional organizations teaching real estate
licensing courses. No licensee whose license has been placed on inactive status
shall be allowed to reactivate unless the provisions of this subsection and
subsection (g) of Code Section 43-40-12 are met. Individuals serving on active
duty in the armed forces of the United States or in the General Assembly may
choose not to meet the continuing education requirements of this subsection
while on active duty or during their terms of office. Members of the armed
forces or the General Assembly who choose to exercise this temporary exemption
option and whose term of active duty or of office exceeds two years shall be
required to complete the 25 instructional hour course referenced in subsection
(d) above within six months of the conclusion of their active duty or term of
office.
(f)
Instructors in all of the approved courses shall be approved by the commission
and, where the commission deems necessary, receive any special instruction the
commission may require.
(g)
Failure to complete any of the educational requirements as provided in this Code
section shall be grounds for denial of a license or denial of renewal of a
license without further hearing. No fees or portion of fees paid shall be
refunded if a licensee fails to meet the continuing education provisions of
subsections (d) and (e) of this Code section or any other provisions of this
chapter.
(h)
The commission may prepare and distribute to licensees under this chapter
educational material deemed of assistance in the conduct of their business. The
commission may prepare and distribute to the public educational material deemed
of assistance to consumers engaging in business in real estate transactions
with persons licensed under this chapter.
(i)
The commission, through its rules and regulations, shall establish standards for
the approval of schools and instructors to offer the education courses required
by this chapter. Each approved school shall comply with Code Sections 43-40-15
through 43-40-32. Each approved school shall designate an individual approved
by the commission to act as its director and such designated individual shall be
responsible for assuring that the approved school complies with the requirements
of this chapter and rules and regulations promulgated under this chapter. An
approved school shall authorize its director to bind the school to any
settlement of a contested case before the commission as defined in Chapter 13 of
Title 50, the 'Georgia Administrative Procedure Act.' The commission, through
its rules and regulations, shall establish standards for the offering of the
prelicense education courses required by this chapter by methods of instruction,
which it deems to be educationally sound, other than in-class instruction. The
commission, through its rules and regulations, may establish standards for the
offering of continuing education courses required by this chapter by methods of
instruction, which it deems to be educationally sound, other than in-class
instruction."
SECTION
6.
Said
title is further amended in Chapter 40 by revising subsections (f) and (g) of
Code Section 43-40-12, relating to inactive status of a license, as
follows:
"(f)
Any licensee whose license lapses for failure to pay a renewal fee may reinstate
that license within two years of the date of its lapsing by paying the total
amount of all renewal fees and late charges which would have been due during the
period when the license was lapsed plus a reinstatement fee. If any licensee who
has passed an examination administered by or approved by the commission allows a
license to lapse for a period longer than two years and less than five years due
solely to a failure to pay a renewal fee, the licensee may reinstate that
license by paying the total amount of all renewal fees and late charges which
would have been due during the period when the license was lapsed plus a
reinstatement fee and by successfully completing any educational course or
courses which the commission may require. Any licensee whose license has lapsed
for longer than five years for failure to pay a renewal fee and who seeks to
reinstate that license shall meet the education and examination requirements for
that license as set forth in Code Section 43-40-8. Any nonresident licensee
whose license lapses for failure to pay a renewal fee may reactivate that
license by paying the fee required of an original applicant if such nonresident
licensee has maintained an active license in his or her state of residence
during the period that his or her license lapsed and has met its continuing
education requirements. Any licensee whose license has lapsed for longer than
one year and who is not subject to the continuing education requirements of
subsection (e) of Code Section 43-40-8 and who reinstates such license under the
terms of this subsection shall thereafter be subject to the continuing education
requirements of subsection (e) of Code Section 43-40-8.
(g)
Any real estate broker who does not wish to be actively engaged in the brokerage
business or any licensee who is temporarily not actively engaged on behalf of a
broker may continue a license by making a written request within 30 days of
ceasing work that the license be placed on inactive status. Any licensee whose
license has been placed on an inactive status shall not engage in the real
estate brokerage business except in connection with property owned by the
licensee. To reinstate a license held on inactive status, a licensee other than
a broker shall secure the signature of the broker for whom the licensee wishes
to act; and a broker shall make application to the commission prior to resuming
brokerage activity. Any individual licensee who seeks to activate a license
which has been on inactive status shall first meet the continuing education
requirement of subsection (e) of Code Section 43-40-8 which would have been
required had such person been on active status unless such person maintained an
active license in another state that has continuing education requirements while
such licensee´s license was on inactive status in
Georgia."
SECTION
7.
Said
title is further amended in Chapter 40 by revising subsection (b) of Code
Section 43-40-15, relating to the grant, revocation, or suspension of licenses,
as follows:
"(b)(1)
As used in this Code section, the term:
(A)
'Conviction' means a finding or verdict of guilty or a plea of guilty to a
charge of a felony or any crime involving moral turpitude, regardless of whether
an appeal of the conviction has been brought; a sentencing to first offender
treatment without an adjudication of guilt pursuant to a charge of a felony or
any crime involving moral turpitude; or a plea of nolo contendere to a charge of
a felony or any crime involving moral turpitude.
(B)
'Felony' includes any offense which, if committed in this state, would be deemed
a felony, without regard to its designation elsewhere.
(1.1)
No person who has a conviction shall be eligible to become an applicant for a
license or an approval authorized by this chapter unless such person has
successfully completed all terms and conditions of any sentence imposed for such
conviction; provided that if such individual has multiple convictions, at least
five years shall have passed since the individual satisfied all terms and
conditions of any sentence imposed for the last conviction before making
application for licensure or approval; and provided that if such individual has
a single conviction, at least two years shall have passed since the individual
satisfied all terms and conditions of any sentence imposed for the last
conviction before making application for licensure or approval.
(1.2)
A person who has a conviction in a court of competent jurisdiction of this or
any other state, district, or territory of the United States, or of a foreign
country, shall be eligible to become an applicant for a licensure or an approval
authorized by this chapter only if:
(A)
Such person has satisfied all terms and conditions of any conviction such person
may have had before making application for licensure or approval; provided that
if such individual has multiple convictions, at least five years shall have
passed since the individual satisfied all terms and conditions of any sentence
imposed for the last conviction before making application for licensure or
approval; and provided that if such individual has been convicted of a single
felony or of a single crime of moral turpitude, at least two years shall have
passed since the individual satisfied all terms and conditions of any sentence
imposed for the last conviction before making application for licensure or
approval;
(B)
No criminal charges for forgery, embezzlement, obtaining money under false
pretenses, theft, extortion, conspiracy to defraud, a felony, a sex offense, a
probation violation, or a crime involving moral turpitude are pending against
the person; and
(C)
Such person presents to the commission satisfactory proof that the person now
bears a good reputation for honesty, trustworthiness, integrity, and competence
to transact the business of a licensee in such a manner as to safeguard the
interest of the public.
(2)
Where an applicant for any license or approval authorized by this chapter has
been convicted of forgery, embezzlement, obtaining money under false pretenses,
theft, extortion, conspiracy to defraud, or other like offense or offenses or
has been convicted of a felony, a sex offense, a probation violation, or a crime
involving moral turpitude and has been convicted thereof in a court of competent
jurisdiction of this or any other state, district, or territory of the United
States or of a foreign country such conviction in itself may be sufficient
ground for refusal of a license or approval authorized by this chapter. An
applicant for licensure as an associate broker or a broker who has been
convicted of any offense enumerated in this paragraph may be licensed by the
commission as an associate broker or a broker only if:
(A)
At least ten years have passed since the applicant was convicted, sentenced, or
released from any incarceration, whichever is later;
(B)
No criminal charges are pending against the applicant; and
(C)
The applicant presents to the commission satisfactory proof that the applicant
now bears a good reputation for honesty, trustworthiness, integrity, and
competence to transact the business of a licensee in such a manner as to
safeguard the interest of the public."
SECTION
8.
Said
title is further amended in Chapter 40 by revising subsection (e) of Code
Section 43-40-20, relating to when a broker is entitled to commission or fee, as
follows:
"(e)
A broker shall not be entitled to any part of the earnest money, security
deposit, or other trust funds paid to the broker in connection with any real
estate transaction as part or all of the broker´s commission or fee until
the transaction has been consummated or terminated."
SECTION
9.
Said
title is further amended in Chapter 40 by revising paragraph (14) of subsection
(b) of Code Section 43-40-25, relating to unfair trade practices, as follows:
"(14)
Negotiating a sale, exchange, or lease of real estate directly with an owner, a
lessor, a purchaser, or a tenant if the licensee knows that such owner or lessor
has a written outstanding listing contract in connection with such property
granting an exclusive agency or an exclusive right to sell to another broker or
that such purchaser or tenant has a written outstanding exclusive brokerage
agreement with another broker, unless the outstanding listing or brokerage
agreement provides that the licensee holding such agreement will not provide
negotiation services to the client;"
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.