SENATE BILL 387

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

James P. White

AN ACT

RELATING TO PROFESSIONAL LICENSURE; AMENDING THE REQUIREMENTS FOR A QUALIFYING BROKER'S LICENSE UNDER SECTION 61-29-9 NMSA 1978 (BEING LAWS 1959, CHAPTER 226, SECTION 8, AS AMENDED); INCREASING THE NUMBER OF PREREQUISITE YEARS AS A LICENSED ASSOCIATE BROKER OR REAL ESTATE AGENT FROM TWO TO FOUR AND ALLOWING THE NEW MEXICO REAL ESTATE COMMISSION TO REQUIRE ADDITIONAL EDUCATIONAL COURSES BY RULE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 61-29-9 NMSA 1978 (being Laws 1959, Chapter 226, Section 8, as amended) is amended to read:

     "61-29-9. QUALIFICATIONS FOR LICENSE.--

          A. Licenses shall be granted only to persons who meet the requirements for licensure prescribed by law and are deemed by the commission to be of good repute and competent to transact the business of a qualifying broker or an associate broker in a manner that safeguards the interests of the public.

          B. An applicant for a qualifying broker's license or an associate broker's license shall be a legal resident of the United States and have reached the age of majority. Each applicant for a qualifying broker's license or an associate broker's license shall have passed the real estate broker's examination approved by the commission and shall:

                (1) furnish the commission with certificates of completion of ninety hours of classroom instruction consisting of commission-approved thirty-hour courses in real estate principles and practice, real estate law and broker basics; or

                (2) in the case of an out-of-state applicant, furnish the commission with a certified license history from the real estate licensing jurisdiction in the state or states in which the applicant is currently or has been previously licensed as a real estate broker, or certificates of completion of those courses issued by the course sponsor or provider, certifying that the applicant has or had a license in that state and has completed the equivalent of sixty classroom hours of prelicensing education approved by that licensing jurisdiction in real estate principles and practice and real estate law. Upon receipt of such documentation, the commission may waive sixty hours of the ninety hours of prelicensing education required to take the New Mexico real estate broker's examination and may waive the national portion of the examination. The applicant shall complete the commission-approved thirty-hour broker basics class to be eligible to take the state portion of the New Mexico real estate broker's examination.

          C. An applicant for a qualifying broker's license shall have passed the New Mexico real estate broker's examination and had an active associate broker's license or equivalent real estate license for at least [two] four of the last five years immediately preceding application for a qualifying broker's license and shall furnish the commission with a certificate of completion of the commission-approved

thirty-hour brokerage office administration course and any additional educational courses required by the commission by rule.

          D. The commission shall require the information it deems necessary from every applicant to determine that applicant's honesty, trustworthiness and competency."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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