H-3858

AN ACT Relating to real estate brokers and salespersons; amending RCW 18.85.040, 18.85.220, and 18.85.315; adding a new section to chapter 18.85 RCW; and providing an effective date.

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

Sec. 1. RCW 18.85.040 and 1988 c 205 s 2 are each amended to read as follows:

(1) The director, with the advice and approval of the commission, may issue rules and regulations to govern the activities of real estate brokers, associate real estate brokers and salespersons, consistent with this chapter, fix the times and places for holding examinations of applicants for licenses and prescribe the method of conducting them.

(2) The director shall enforce all laws, rules and regulations relating to the licensing of real estate brokers, associate real estate brokers, and salespersons, grant or deny licenses to real estate brokers, associate real estate brokers, and salespersons, and hold hearings. The director may impose any one or more of the following sanctions: Suspend or revoke licenses, deny applications for licenses, fine violators, or require the completion of a course in a selected aspect of real estate practice relevant to the provision of this chapter or rule violated. The director may deny, suspend or revoke the authority of a broker to act as the designated broker of persons who commit violations of the real estate license law or of the rules and regulations.

(3) The director shall establish by rule standards for licensure of applicants licensed in other jurisdictions.

(4) The director shall institute a program of real estate education ((~~for the benefit of the licensees and may institute~~)) including, but not limited to, instituting a program of education at institutions of higher education in Washington. The overall program shall include establishing minimum levels of ongoing education for licensees relating to the practice of real estate by real estate brokers and salespersons under this chapter. The program may also include the development or implementation of curricula courses, educational materials, or approaches to education relating to real estate when required, approved, or certified for continuing education credit. The director may enter into contracts with other persons or entities, whether publicly or privately owned or operated, to assist in developing or implementing the real estate education program.

(5) The director shall charge a fee, as prescribed by the director by rule, for the certification of courses of instruction, instructors, and schools.

Sec. 2. RCW 18.85.220 and 1991 c 277 s 1 are each amended to read as follows:

All fees required under this chapter shall be set by the director in accordance with RCW 43.24.086 and shall be paid to the state treasurer. All fees paid under the provisions of this chapter shall be placed in the real estate commission account in the state treasury. All money derived from fines imposed under this chapter shall ((~~also~~)) be deposited in the real estate ((~~commission account, shall be used solely for education for the benefit of licensees and shall be subject to appropriation pursuant to chapter 43.88 RCW~~)) education account created by section 4 of this act.

Sec. 3. RCW 18.85.315 and 1987 c 513 s 9 are each amended to read as follows:

Remittances received by the treasurer pursuant to RCW 18.85.310 shall be divided between the housing trust fund created by RCW 43.185.030, which shall receive seventy-five percent and the real estate ((~~commission~~)) education account created by ((~~RCW 18.85.220~~)) section 4 of this act, which shall receive twenty-five percent.

NEW SECTION. Sec. 4. A new section is added to chapter 18.85 RCW to read as follows:

The real estate education account is created in the custody of the state treasurer. All moneys received for credit to this account pursuant to RCW 18.85.315 and all moneys derived from fines imposed under this chapter shall be deposited into the account. Disbursements from the account shall be upon the authorization of the director or a duly authorized representative of the director, and shall be used solely for the purposes of carrying out the director's programs for education of real estate licensees and others in the real estate industry. All expenses and costs relating to implementation or administration of, or payment of contract fees or charges for, the director's real estate education programs may be paid from this account. The real estate education account shall be subject in all respects to chapter 43.88 RCW except that no appropriation shall be required to permit expenditures and payment of obligations from this fund.

NEW SECTION. Sec. 5. This act shall take effect July 1, 1992.