HF 855

as introduced - 90th Legislature (2017 - 2018) Posted on 02/06/2017 01:24pm

A bill for an act
relating to commerce; regulating real estate brokers; modifying licensing experience
requirement waivers; amending Minnesota Statutes 2016, section 82.59,
subdivisions 4, 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 82.59, subdivision 4, is amended to read:

Subd. 4.

Broker's examination.

(a) The examination for a real estate broker's license
shall be more exacting than that for a real estate salesperson, and shall require a higher
degree of knowledge of the fundamentals of real estate practice and law.

(b) Every application for a broker's examination shall be accompanied by proof that the
applicant has had a minimum of three years of actual experience within the previous five-year
period prior to application as a licensed real estate salesperson in this or in another state
having comparable requirements or deleted text begin is, in the opinion of the commissioner, otherwise or
similarly qualified by reason of education or practical experience deleted text end new text begin was granted a waiver
under subdivision 5 within the previous one-year period new text end . The applicant shall have completed
educational requirements in accordance with subdivision 8.

(c) An applicant for a limited broker's license pursuant to section 82.63, subdivision 13,
shall not be required to have a minimum of three years of actual experience as a real estate
person in order to obtain a limited broker's license.

Sec. 2.

Minnesota Statutes 2016, section 82.59, subdivision 5, is amended to read:

Subd. 5.

Waivers.

(a) The commissioner may grant a waiver of the real estate licensing
experience requirement for the broker's examination to a qualified applicant for a waiver.

(b) A qualified applicant for a waiver is an individual who:

(1) has a degree in real estate from an accredited college or university;

(2) is a licensed practicing attorney whose practice involves real estate law; deleted text begin or
deleted text end

(3) is a public officer whose official duties involve real estate law or real estate
transactions deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) has had in Minnesota or in another state having comparable requirements a minimum
of five years of actual experience as a licensed real estate broker within the previous ten-year
period prior to application for the waiver, and has not been the subject of any license
suspension or revocation.
new text end

(c) The commissioner shall grant a waiver of the real estate licensing experience
requirement for the broker's examination to a qualified individual whose license lapsed or
became ineffective and who applies for the waiver. The qualified individual shall not be
required to pay a fee or charge for applying for the waiver or retaking the examination. The
qualified individual may retake the examination under the terms of the waiver. For purposes
of this paragraph, "qualified individual" means: (1) an active duty military member on the
date of license cancellation or the date by which a timely renewal must have been made;
(2) the spouse of an active duty military member on the date of license cancellation or the
date by which a timely renewal must have been made; or (3) a veteran or spouse of a veteran
who has left service in the two years preceding the date of license cancellation or the date
by which a timely renewal must have been made, and has confirmation of an honorable or
general discharge status.

If a waiver is granted under this paragraph, the commissioner shall not assess or retain
any fine or penalty arising from the related licensing action.

(d) A request for a waiver shall be submitted to the commissioner in writing on a form
prescribed by the commissioner and be accompanied by documents necessary to evidence
qualification as set forth in paragraph (b).

(e) The waiver will lapse if the applicant fails to successfully complete the broker's
examination within one year from the date of the granting of the waiver.