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ENGROSSED
SENATE BILL 6184
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Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 01/21/92.
Referred to Committee on Commerce & Labor.
Revising
provisions for the regulation of real estate brokers and salespersons.
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.The text of the following section has been vetoed by the
Governor. It is noted in bold italic.
*
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. 2 was vetoed, see message at
end of chapter.The text of the following section has been vetoed by the
Governor. It is noted in bold italic.
*
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.
*Sec. 3 was vetoed, see message at
end of chapter.The text of the following section has been vetoed by the
Governor. It is noted in bold italic.
*
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 as described in section 1(4) of this act. 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.
*Sec. 4 was vetoed, see message at
end of chapter.
NEW
SECTION. Sec. 5. This
act shall take effect July 1, 1993.
Passed the Senate February 17, 1992.
Passed the House March 4, 1992.
Approved by the Governor March
26, 1992, with the exception of certain items which were vetoed.
Filed in Office of Secretary of State March 26, 1992.
Note: Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to sections 2, 3, and 4,
Engrossed Senate Bill No. 6184 entitled:
"AN ACT Relating to real
estate brokers and salespersons."
Engrossed
Senate Bill No. 6184 provides greater specificity for the use of funds for real
estate education activities. Several sections would create a nonappropriated
account and as such would reduce budget oversight of the real estate education
program. There has been an acceleration of the trend to create special funds,
dedicated accounts and other budgetary techniques that reduce the ability to
adapt resources to meet changing or emerging priorities. Despite my general
concern with these types of special funds, I am willing to support the specific
revenues being dedicated as long as there is adequate oversight. As written,
there is inadequate oversight.
I
have vetoed the sections referring to the nonappropriated account. I have
retained the language that clearly defines the Department of Licensing's real
estate education program and the director's role. I am directing the
Department of Licensing to submit proposed legislation to the 1993 legislature
that would permanently dedicate for real estate education purposes the fund
sources specified in the vetoed sections of Engrossed Senate Bill No. 6184.
Such a dedication must, however, still be subject to legislative appropriation
and budgetary oversight.
For
this reason, I have vetoed sections 2, 3, and 4 of Engrossed Senate Bill No.
6184.
With the
exception of sections 2, 3, and 4, Engrossed Senate Bill No. 6184 is
approved."
