HB 129 – AS INTRODUCED

2011 SESSION

11-0555

10/03

HOUSE BILL 129

AN ACT relative to the licensure of attorneys as real estate brokers by the real estate commission.

SPONSORS: Rep. Watters, Straf 4; Rep. Weeden, Straf 6

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill allows attorneys in good standing to be licensed by the real estate commission as real estate brokers without having to show proof of completion of approved study and completion of an examination.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0555

10/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the licensure of attorneys as real estate brokers by the real estate commission.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Real Estate Commission; Licensure; Attorneys. Amend RSA 331-A:10, II to read as follows:

II. The executive director shall issue a broker’s license to any applicant who:

(a) Has attained the age of 18;

(b) Has successfully completed an examination administered or approved by the commission which demonstrates satisfactory knowledge and understanding of the principles of real estate practice. The executive director shall only accept for licensure, an applicant who shows proof of completion of 60 hours of approved study which shall have been completed prior to the date of the applicant’s examination, provided, however, that any applicant who is an attorney at law in good standing in this state shall not be required to take such examination, nor demonstrate completion of such approved study;

(c)(1) Has been employed full time by an active principal broker for at least one year within 5 years of the date of application; or

(2) Has at least 2,000 part-time hours as a licensed salesperson in this state within 5 years of the date of application; or

(3) Proves to the commission that the applicant has experience equivalent to the experience required by subparagraph (c)(1) or (c)(2); or

(4) Is a New Hampshire licensed attorney at law in good standing at the time of application;

(d) Demonstrates no record of unprofessional conduct;

(e) Furnishes any evidence required by the commission relative to good reputation for honesty, trustworthiness, and integrity;

(f) For a broker acting as a principal broker or a managing broker, but excluding associate brokers or a corporation, partnership, limited liability company, or association, files a surety bond with the commission which shall be held in accordance with RSA 331-A:14;

(g) Submits evidence acceptable to the commission of at least 6 separate real estate transactions in which the applicant was actively involved and was compensated or proves to the commission that the applicant has equivalent experience; and

(h) Complies with the criminal records check under RSA 331-A:10-a.

2 Effective Date. This act shall take effect 60 days after its passage.