SB 1095 — real estate; employees; rent collection.

(a)  A(a) barrier.A burial park, for earth interments.

(b)  A(b) road,A streetmausoleum, orfor highwaycrypt that has been established by this state or byvault anyentombments. agency or political subdivision of this state, that has been designated by the federal government as an interstate highway or that has been regularly maintained by this state or by any agency or political subdivision of this state and has been used continuously by the public for at least the last five years.

18.  "Control"(c) orA "controlled"crematory, means a person who, through ownership, voting rights, power of attorney, proxy, management rights, operational rights or other rights, has the right to make decisions binding on an entity, whether a corporation,crematory aand partnershipcolumbarium, orfor anycinerary otherinterments. entity.

19.  "Corporation(d) licensee"A meanscemetery aplot, lawfullyincluding organizedinterment corporationrights, thatmausoleum iscrypts, registeredniches with the Arizona corporation commission and thatburial hasspaces. an officer licensed as the designated broker pursuant to section 32‑2125.

20.  "Department"12. means the state real estate department.

21.  "Designated"Cemetery broker" means thea natural person whoother isthan licenseda asreal aestate broker underor thisreal chapterestate andsalesperson whowho, isfor either:another, for compensation:

(a)  Designated(a) toSells, actleases onor behalfexchanges ofcemetery anproperty employingor realinterment estate,services cemeteryof or membershipfor campinganother, entity.or on the person's own account.

(b)  Doing(b) businessOffers asfor aanother soleor proprietor.for the person's own account to buy, sell, lease or exchange cemetery property or interment services.

22.  "Developer"(c) meansNegotiates athe personpurchase whoand offers real property in a development for sale, lease or use,exchange either immediately or in the future, on the person's own behalf or on behalf of anothercemetery person, under this chapter.  Developer does not include a person whose involvement with a development is limited to the listing of property within the development for sale, lease or use.interment services.

23.  "Development"(d) meansNegotiates anythe division,purchase proposed division or usesale, oflease realor propertyexchange, thator thelists departmentor hassolicits, authorityor tonegotiates regulate,a includingloan subdividedon andor unsubdividedleasing lands,of cemeteries,cemetery condominiums,property timeshares,or membershipinterment campgroundsservices. and stock cooperatives.

24.  "Employing13. broker" means a person who is licensed or is required to be licensed as a:

(a)  Broker"Cemetery entitysalesperson" pursuantmeans a natural person who acts on the person's own behalf or through and on behalf of a professional limited liability company or a professional corporation engaged by or on behalf of a licensed cemetery or real estate broker, or through and on behalf of a corporation, partnership or limited liability company that is licensed as a cemetery or real estate broker, to sectionperform 32‑2125,any subsectionact A.or transaction included in the definition of cemetery broker.

(b)  Sole14. proprietorship if the sole proprietor is a broker licensed pursuant to this chapter.

25.  "Fractional"Commissioner" interest" means an undivided interest in improved or unimproved land, lots or parcels of any size created for the purposestate ofreal saleestate orcommissioner. lease and evidenced by any receipt, certificate, deed or other document conveying the interest.  Undivided interests in land, lots or parcels created in the names of a husband and wife as community property, joint tenants or tenants in common, or in the names of other persons who, acting together as part of a single transaction, acquire the interests without a purpose to divide the interests for present or future sale or lease shall be deemed to constitute only one fractional interest.

26.  "Improved15. lot or parcel" means a lot or parcel of a subdivision on which lot or parcel there is a residential, commercial or industrial building or concerning which a contract has been entered into between a subdivider and a purchaser that obligates the subdivider directly, or indirectly through a building contractor, to complete construction of completely construct a residential, commercial or industrial building on the lot or parcel within two years from after the date on which the contract of sale for the lot is entered into.

27.  "Inactive"Common license"promotional plan" means a licenseplan, thatundertaken isby issueda pursuantperson toor articlea 2group of thispersons chapteracting toin aconcert, licenseeto whooffer islots onfor inactivesale status during the current license period and who is not engaged by or onlease. behalf of a broker.

28.  "Lease"If the land is offered for sale by a person or "leasing"group includesof anypersons lease,acting whetherin itconcert, and the land is contiguous or is known, designated or advertised as a common unit or by a common name, the sole,land is presumed, without regard to the principalnumber of lots covered by each individual offering, as being offered for sale or anylease incidentalas part of a transaction.common promotional plan.

29.  "License"Separate meanssubdividers theselling wholelots or partparcels ofin anyseparately agencyplatted permit,subdivisions certificate,within approval,a registration,master publicplanned report,community chartershall not be deemed to be offering their combined lots for sale or similarlease formas part of permissiona requiredcommon bypromotional thisplan. chapter.

30.  "Licensee"16. means a person to whom a license for the current license period has been granted under any provision of this chapter, and, for the purposes of section 32‑2153, subsection A, shall include includes original license applicants.

31.  "License"Compensation" period" means theany two-yearfee, periodcommission, beginningsalary, withmoney theor dateother ofvaluable originalconsideration issuefor orservices renewalrendered ofor ato particularbe licenserendered andas endingwell onas the expirationpromise date,of ifconsideration any.whether contingent or not.

32.  "Limited17. liability company licensee" means a lawfully organized limited liability company that has a member or manager who is a natural person and who is licensed as the designated broker pursuant to section 32‑2125.

33.  "Lot"Contiguous" reservation" means anlots, expressionparcels ofor interestfractional byinterests athat prospectiveshare purchaser in buying at some time in the future a subdividedcommon orboundary unsubdivided lot, unit or parcelpoint. in this state.  In all cases, a subsequent affirmative action by the prospective purchaser must be taken to create a contractual obligation to purchase.

34.  "MasterLots, plannedparcels community"or meansfractional ainterests developmentare thatnot consistscontiguous ofif twothey orare moreseparated separatelyby platted subdivisions and that is either subject to a master declaration of covenants,the conditionsfollowing: or restrictions, is subject to restrictive covenants sufficiently uniform in character to clearly indicate a general scheme for improvement improving or development of developing real property or is governed or administered by a master owner's association.

35.  "Member"(a) meansA abarrier. member of the real estate advisory board.

36.  "Membership(b) campingA broker"road, meansstreet aor person,highway otherthat thanhas abeen salesperson,established who,by this state or by any agency or political subdivision of this state, that has been designated by the federal government as an interstate highway or that has been regularly maintained by this state or by any agency or political subdivision of this state and has been used continuously by the public for compensation:at least the last five years.

(a)  Sells,18. purchases, lists, exchanges or leases membership camping contracts.

(b)  Offers"Control" toor sell,"controlled" purchase,means exchangea person who, through ownership, voting rights, power of attorney, proxy, management rights, operational rights or leaseother membershiprights, campinghas contracts.the right to make decisions binding on an entity, whether a corporation, a partnership or any other entity.

(c)  Negotiates19. or offers, attempts or agrees to negotiate the sale, purchase, exchange or lease of membership camping contracts.

(d)  Advertises"Corporation orlicensee" holdsmeans himselfa outlawfully asorganized beingcorporation engagedthat inis theregistered businesswith ofthe selling,Arizona buying,corporation exchangingcommission orand leasingthat membershiphas campingan contractsofficer orlicensed counselingas orthe advisingdesignated regardingbroker membershippursuant campingto contracts.section 32-2125.

(e)  Assists20. or directs in the procuring of prospects calculated or intended to result in the sale, purchase, listing, exchange or lease of membership camping contracts.

(f)  Performs"Department" anymeans of the foregoingstate actsreal asestate andepartment. employee or on behalf of a membership camping operator or membership contract owner.

37.  "Membership21. camping contract" means an agreement that is offered or sold in this state evidencing a purchaser's right or license to use the camping or outdoor recreation facilities of a membership camping operator and includes a membership that provides for this use.

38.  "Membership"Designated campingbroker" operator" means anthe enterprise,natural otherperson thanwho one that is taxlicensed exempt under section 501(c)(3) of the internal revenue code of 1986, as amended, that solicits membership paid for by a feebroker orunder periodicthis paymentschapter and haswho asis oneeither: of its purposes camping or outdoor recreation, including the use of camping sites primarily by members.

(a) Designated to act on behalf of an employing real estate, cemetery or membership camping entity.

(b) Doing business as a sole proprietor.

22.

"Developer" means a person who offers real property in a development for sale, lease or use, either immediately or in the future, on the person's own behalf or on behalf of another person, under this chapter.

Developer does not include a person whose involvement with a development is limited to the listing of property within the development for sale, lease or use.

23.

"Development" means any division, proposed division or use of real property that the department has authority to regulate, including subdivided and unsubdivided lands, cemeteries, condominiums, timeshares, membership campgrounds and stock cooperatives.

24.

"Employing broker" means a person who is licensed or is required to be licensed as a:

(a) Broker entity pursuant to section 32-2125, subsection A.

(b) Sole proprietorship if the sole proprietor is a broker licensed pursuant to this chapter.

25.

"Fractional interest" means an undivided interest in improved or unimproved land, lots or parcels of any size created for the purpose of sale or lease and evidenced by any receipt, certificate, deed or other document conveying the interest.  Undivided interests in land, lots or parcels created in the names of a husband and wife as community property, joint tenants or tenants in common, or in the names of other persons who, acting together as part of a single transaction, acquire the interests without a purpose to divide the interests for present or future sale or lease shall be deemed to constitute only one fractional interest.

26.

"Improved lot or parcel" means a lot or parcel of a subdivision on which lot or parcel there is a residential, commercial or industrial building or concerning which a contract has been entered into between a subdivider and a purchaser that obligates the subdivider directly, or indirectly through a building contractor, to complete construction of completely construct a residential, commercial or industrial building on the lot or parcel within two years from after the date on which the contract of sale for the lot is entered into.

27.

"Inactive license" means a license that is issued pursuant to article 2 of this chapter to a licensee who is on inactive status during the current license period and who is not engaged by or on behalf of a broker.

28.

"Lease" or "leasing" includes any lease, whether it is the sole, the principal or any incidental part of a transaction.

29.

"License" means the whole or part of any agency permit, certificate, approval, registration, public report, charter or similar form of permission required by this chapter.

30.

"Licensee" means a person to whom a license for the current license period has been granted under any provision of this chapter, and, for the purposes of section 32-2153, subsection A, shall include includes original license applicants.

31.

"License period" means the two-year period beginning with the date of original issue or renewal of a particular license and ending on the expiration date, if any.

32.

"Limited liability company licensee" means a lawfully organized limited liability company that has a member or manager who is a natural person and who is licensed as the designated broker pursuant to section 32-2125.

33.

"Lot reservation" means an expression of interest by a prospective purchaser in buying at some time in the future a subdivided or unsubdivided lot, unit or parcel in this state.

In all cases, a subsequent affirmative action by the prospective purchaser must be taken to create a contractual obligation to purchase.

34.

"Master planned community" means a development that consists of two or more separately platted subdivisions and that is either subject to a master declaration of covenants, conditions or restrictions, is subject to restrictive covenants sufficiently uniform in character to clearly indicate a general scheme for improvement improving or development of developing real property or is governed or administered by a master owner's association.

35.

"Member" means a member of the real estate advisory board.

36.

"Membership camping broker" means a person, other than a salesperson, who, for compensation:

(a) Sells, purchases, lists, exchanges or leases membership camping contracts.

(b) Offers to sell, purchase, exchange or lease membership camping contracts.

(c) Negotiates or offers, attempts or agrees to negotiate the sale, purchase, exchange or lease of membership camping contracts.

(d) Advertises or holds himself out as being engaged in the business of selling, buying, exchanging or leasing membership camping contracts or counseling or advising regarding membership camping contracts.

(e) Assists or directs in the procuring of prospects calculated or intended to result in the sale, purchase, listing, exchange or lease of membership camping contracts.

(f) Performs any of the foregoing acts as an employee or on behalf of a membership camping operator or membership contract owner.

37.

"Membership camping contract" means an agreement that is offered or sold in this state evidencing a purchaser's right or license to use the camping or outdoor recreation facilities of a membership camping operator and includes a membership that provides for this use.

38.

"Membership camping operator" means an enterprise, other than one that is tax exempt under section 501(c)(3) of the internal revenue code of 1986, as amended, that solicits membership paid for by a fee or periodic payments and has as one of its purposes camping or outdoor recreation, including the use of camping sites primarily by members.

39.  "Membership39. camping salesperson" means a natural person who acts on the person's own behalf or through and on behalf of a professional limited liability company or a professional corporation engaged by or on behalf of a licensed membership camping or real estate broker, or by or on behalf of a corporation, partnership or limited liability company that is licensed as a membership camping or real estate broker, to perform any act or participate in any transaction in a manner included in the definition of membership camping broker.

40.  "Online"Membership course"camping salesperson" means prelicensurea educationnatural thatperson iswho acts on the person's own behalf or through and on behalf of a plannedprofessional learninglimited experienceliability withcompany or a geographicprofessional separationcorporation thatengaged mayby beor synchronouson behalf of a licensed membership camping or asynchronous,real thatestate doesbroker, notor requireby real-timeor interactionon betweenbehalf of a studentcorporation, andpartnership anor instructorlimited andliability company that usesis alicensed platformas witha self‑pacedmembership camping or prerecordedreal lessonsestate andbroker, materialsto thatperform aany studentact canor accessparticipate viain theany internettransaction toin proceeda atmanner included in the student'sdefinition ownof pace.membership camping broker.

41.  "Partnership40. licensee" means a partnership with a managing general partner who is licensed as the designated broker pursuant to section 32‑2125.

42.  "Permanent"Online access",course" asmeans requiredprelicensure undereducation articlethat 4is ofa thisplanned chapter,learning meansexperience permanentwith a geographic separation that may be synchronous or asynchronous, that does not require real-time interaction between a student and an instructor and that uses a platform with self-paced or prerecorded lessons and materials that a student can access fromvia the subdivisioninternet to anyproceed federal,at statethe orstudent's countyown highway.pace.

43.  "Perpetual41. care" or "endowed care" means the maintenance maintaining and care of caring, in all places where interments have been made, of for the trees, shrubs, roads, streets and other improvements and embellishments contained within or forming a part of the cemetery but does not include the maintenance maintaining or repair of repairing monuments, tombs, copings or other man‑made ornaments as associated with individual burial spaces.

44.  "Perpetual"Partnership orlicensee" endowed‑care cemetery" means a cemeterypartnership whereinwith ina whichmanaging lotsgeneral orpartner otherwho burialis spaceslicensed areas sold or transferred under the representationdesignated thatbroker thepursuant cemetery will receive perpetual care or endowed care free of further cost to thesection purchaser32-2125. after payment of the original purchase price for the lot, burial space or interment right.

45.  "Person"42. means any individual, corporation, partnership or company and any other form of multiple organization for carrying on business, foreign or domestic.

46.  "Private"Permanent cemetery"access", meansas arequired cemetery or place that is not licensed under article 64 of this chapter, wheremeans burialspermanent oraccess intermentsfrom ofthe humansubdivision remains are made, in which sales or transfers of interment rights or burial plots are not made to theany publicfederal, andstate in which not more than ten interments or burialscounty occurhighway. annually.

47.  "Promotion"43. or "promotional practice" means advertising and any other act, practice, device or scheme to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in or use of real property subject to this chapter, including meetings with prospective purchasers, arrangements for prospective purchasers to visit real property, travel allowances and discount, exchange, refund and cancellation privileges.

48.  "Real"Perpetual estate"care" includesor leasehold‑interests"endowed care" means the maintenance maintaining and anycare estatesof caring, in landall asplaces definedwhere ininterments titlehave 33,been chaptermade, 2,of articlesfor 1the trees, shrubs, roads, streets and 2,other regardlessimprovements and embellishments contained within or forming a part of whetherthe locatedcemetery inbut thisdoes state.not include the maintenance maintaining or repair of repairing monuments, tombs, copings or other man-made ornaments as associated with individual burial spaces.

49.  "Real44. estate broker" means a person, other than a salesperson, who, for another and for compensation:

(a)  Sells,"Perpetual exchanges,or purchases,endowed-care rentscemetery" means a cemetery wherein in which lots or leasesother realburial estate,spaces businessesare andsold businessor opportunitiestransferred under the representation that the cemetery will receive perpetual care or timeshareendowed interests.care free of further cost to the purchaser after payment of the original purchase price for the lot, burial space or interment right.

(b)  Offers45. to sell, exchange, purchase, rent or lease real estate, businesses and business opportunities or timeshare interests.

(c)  Negotiates"Person" ormeans offers,any attemptsindividual, orcorporation, agreespartnership toor negotiatecompany theand sale,any exchange,other purchase,form rental or leasing of realmultiple estate,organization businessesfor andcarrying businesson opportunitiesbusiness, foreign or timesharedomestic. interests.

(d)  Lists46. or offers, attempts or agrees to list real estate, businesses and business opportunities or timeshare interests for sale, lease or exchange.

(e)  Auctions"Private cemetery" means a cemetery or offers,place attemptsthat is not licensed under article 6 of this chapter, where burials or agreesinterments toof auctionhuman realremains estate,are businessesmade, in which sales or transfers of interment rights or burial plots are not made to the public and businessin opportunitieswhich not more than ten interments or timeshareburials interests.occur annually.

(f)  Buys,47. sells, offers to buy or sell or otherwise deals in options on real estate, businesses and business opportunities or timeshare interests or improvements to real estate, businesses and business opportunities or timeshare interests.

(g)  Collects"Promotion" or offers,"promotional attemptspractice" ormeans agreesadvertising toand collectany rentother foract, thepractice, usedevice ofor realscheme estate,to businessesinduce anddirectly business opportunities or timeshareindirectly interests.  Thisany subdivisionperson does not apply to aenter personinto whoany isobligation notor aacquire licensee,any whotitle worksor forinterest ain real estate broker or ause of real estateproperty salesperson,subject whoto collectsthis in-personchapter, rentincluding andmeetings relatedwith feesprospective onpurchasers, behalfarrangements offor theprospective realpurchasers estateto brokervisit or real estateproperty, salespersontravel forallowances theand usediscount, ofexchange, realrefund estate as part of the person's clerical duties and whocancellation providesprivileges. a receipt when rent is paid.

(h)  Advertises48. or holds himself out as being engaged in the business of buying, selling, exchanging, renting or leasing real estate, businesses and business opportunities or timeshare interests or counseling or advising regarding real estate, businesses and business opportunities or timeshare interests.

(i)  Assists"Real orestate" directsincludes inleasehold-interests theand procuringany ofestates prospects, in thatland areas calculateddefined to result in thetitle sale,33, exchange,chapter leasing2, orarticles rental1 ofand real2, estate,regardless businessesof andwhether businesslocated opportunitiesin orthis timesharestate. interests.

(j)  Assists49. or directs in the negotiation of negotiating any transaction calculated or intended to result in the sale, exchange, leasing or rental of real estate, businesses and business opportunities or timeshare interests.

(k)  Incident"Real toestate thebroker" salemeans of real estate, businesses and business opportunities negotiates or offers, attempts or agrees to negotiate a loanperson, secured or to be secured by any mortgage or other encumbrancethan ona orsalesperson, transferwho, offor realanother estate, businesses and businessfor opportunitiescompensation: or timeshare interests subject to section 32‑2155, subsection C.  This subdivision does not apply to mortgage brokers as defined in and subject to title 6, chapter 9, article 1.

(l)  Engages(a) inSells, theexchanges, businesspurchases, ofrents assisting or offeringleases toreal assistestate, anotherbusinesses inand filingbusiness anopportunities application for the purchase or leasetimeshare of,interests. or in locating or entering on, lands owned by the state or federal government.

(m)  Claims,(b) demands,Offers charges, receives, collects or contracts for the collection of to collectsell, anexchange, advancepurchase, feerent in connection with any employment enumerated in this section, including employment undertaken to promote the sale or lease of real propertyestate, bybusinesses advanceand feebusiness listing,opportunities by furnishing rental information to a prospective tenant for a fee paid by the prospective tenant, by advertisement or bytimeshare anyinterests. other offering to sell, lease, exchange or rent real property or selling kits connected therewith.  This shall not include the activities of any communications media of general circulation or coverage not primarily engaged in the advertisement of real estate or any communications media activities that are specifically exempt from applicability of this article under section 32‑2121.

(n)  Engages(c) inNegotiates anyor ofoffers, theattempts actsor listedagrees into subdivisionsnegotiate (a)the throughsale, (m)exchange, ofpurchase, thisrental paragraph for the sale or leaseleasing of other than real propertyestate, ifbusinesses aand realbusiness propertyopportunities sale or leasetimeshare isinterests. a part of, contingent on or ancillary to the transaction.

(o)  Performs(d) anyLists ofor theoffers, actsattempts listed in subdivisions (a) through (m) of this paragraph as an employee of, or inagrees behalfto of,list the owner of real estate, orbusinesses interestand inbusiness theopportunities real estate, or improvementstimeshare affixedinterests onfor thesale, reallease estate,or forexchange. compensation.

(p)  Acts(e) asAuctions aor offers, attempts or agrees to auction real estate, businesses and business broker.opportunities or timeshare interests.

50.  "Real(f) estateBuys, salessells, contract"offers meansto anbuy agreementor insell whichor oneotherwise partydeals agreesin tooptions conveyon titlereal toestate, realbusinesses estateand tobusiness anotheropportunities partyor ontimeshare theinterests satisfactionor ofimprovements specifiedto conditionsreal setestate, forthbusinesses inand thebusiness contract.opportunities or timeshare interests.

51.  "Real(g) estateCollects salesperson" means a natural person who acts on the person's own behalf or throughoffers, andattempts on behalf of a professional limited liability company or aagrees professionalto corporationcollect engagedrent byfor orthe onuse behalf of a licensed real estateestate, broker,businesses orand bybusiness oropportunities on behalf of a limited liability company, partnership or corporationtimeshare thatinterests. is licensed as a real estate broker, to perform any act or participate in any transaction in a manner included in the definition of real estate broker subject to section 32‑2155.

52.  "Sale"This orsubdivision "lease"does includesnot everyapply disposition,to transfer,a optionperson orwho offeris ornot attempta tolicensee, disposewho ofworks orfor transfera real property,estate broker or ana interest,real useestate orsalesperson, estatewho incollects in-person rent and related fees on behalf of the real property,estate includingbroker or real estate salesperson for the offeringuse of thereal propertyestate as apart prizeof orthe giftperson's ifclerical aduties monetaryand chargewho orprovides considerationa forreceipt whateverwhen purposerent is required.paid.

53.  "Salesperson",(h) whenAdvertises usedor withoutholds modification,himself meansout aas naturalbeing personengaged whoin acts on the person'sbusiness ownof behalfbuying, orselling, throughexchanging, andrenting onor behalfleasing ofreal aestate, professionalbusinesses limitedand liabilitybusiness companyopportunities or atimeshare professionalinterests corporationor licensedcounseling under this chapter or anyadvising personregarding requiredreal toestate, bebusinesses licensedand asbusiness aopportunities salespersonor undertimeshare thisinterests. chapter.

54.  "School"(i) meansAssists a person or entitydirects thatin offersthe aprocuring course of studyprospects,  towardsthat completionare ofcalculated theto educationresult requirementsin leadingthe tosale, licensureexchange, leasing or renewalrental of licensurereal underestate, thisbusinesses chapter.and business opportunities or timeshare interests.

55.  "Stock(j) cooperative"Assists meansor adirects corporationin the negotiation of negotiating any transaction calculated or intended to whichresult allin the sale, exchange, leasing or rental of thereal followingestate, apply:businesses and business opportunities or timeshare interests.

(a)  The(k) corporationIncident isto formedthe sale of real estate, businesses and business opportunities negotiates or usedoffers, attempts or agrees to holdnegotiate titlea loan secured or to improvedbe secured by any mortgage or other encumbrance on or transfer of real propertyestate, inbusinesses feeand simplebusiness opportunities or fortimeshare ainterests termsubject ofto years.section 32-2155, subsection C.

(b)  AllThis orsubdivision substantiallydoes allnot ofapply theto shareholdersmortgage ofbrokers theas corporationdefined each receive a right of exclusive occupancy in aand portionsubject of the real property to whichtitle the6, corporationchapter holds9, title.article 1.

(c)  The(l) rightEngages in the business of occupancyassisting mayor onlyoffering beto transferredassist withanother thein concurrentfiling transferan ofapplication for the sharespurchase ofor stocklease of, or in thelocating corporationor heldentering byon, thelands personowned havingby the rightstate ofor occupancy.federal government.

56.  "Subdivider"(m) meansClaims, anydemands, personcharges, whoreceives, offerscollects or contracts for salethe orcollection leaseof sixto orcollect morean lots,advance parcelsfee orin fractionalconnection interestswith any employment enumerated in athis subdivisionsection, including employment undertaken to promote the sale or wholease causesof landreal toproperty beby subdividedadvance intofee listing, by furnishing rental information to a subdivisionprospective tenant for a fee paid by the subdividerprospective ortenant, forby others,advertisement or whoby undertakesany other offering to developsell, alease, subdivision,exchange butor doesrent real property or selling kits connected therewith.  This shall not include athe publicactivities agencyof any communications media of general circulation or officercoverage authorizednot byprimarily lawengaged toin createthe subdivisions.advertisement of real estate or any communications media activities that are specifically exempt from applicability of this article under section 32-2121.

57.  "Subdivision"(n) Engages in any of the acts listed in subdivisions (a) through (m) of this paragraph for the sale or "subdividedlease lands":of other than real property if a real property sale or lease is a part of, contingent on or ancillary to the transaction.

(a)  Means(o) improvedPerforms orany unimprovedof landthe oracts landslisted dividedin orsubdivisions proposed(a) tothrough be(m) dividedof forthis theparagraph purposeas ofan saleemployee of, or lease,in whetherbehalf immediateof, orthe future,owner intoof sixreal estate, or moreinterest lots,in parcelsthe real estate, or fractionalimprovements interests.affixed on the real estate, for compensation.

(b)  Includes(p) aActs stock cooperative, lands divided or proposed to be divided as part of a commonbusiness promotionalbroker. plan and residential condominiums as defined in title 33, chapter 9.

(c)  Does50. not include:

(i)  Leasehold"Real offeringsestate ofsales contract" means an agreement in which one yearparty oragrees less.to convey title to real estate to another party on the satisfaction of specified conditions set forth in the contract.

(ii)  The51. division or proposed division of land located in this state into lots or parcels each of which is or will be thirty‑six acres or more in area including to the centerline of dedicated roads or easements, if any, contiguous to the lot or parcel.

(iii)  The"Real leasingestate salesperson" means a natural person who acts on the person's own behalf or through and on behalf of agriculturala landsprofessional limited liability company or apartments,a offices,professional stores,corporation hotels,engaged motels,by padsor on behalf of a licensed real estate broker, or similarby spaceor withinon anbehalf apartmentof building,a industriallimited building,liability rentalcompany, recreationalpartnership vehicleor community,corporation rentalthat manufacturedis homelicensed community,as rentala mobilereal homeestate parkbroker, to perform any act or commercialparticipate building.in any transaction in a manner included in the definition of real estate broker subject to section 32-2155.

(iv)  The52. subdivision into or development of parcels, plots or fractional portions within the boundaries of a cemetery that has been formed and approved pursuant to this chapter.

(v)  A"Sale" sale or lease"lease" ofincludes aevery lot,disposition, parceltransfer, option or fractionaloffer interest that occurs ten or moreattempt yearsto afterdispose theof sale or leasetransfer ofreal anotherproperty, lot, parcel or fractionalan interestinterest, ifuse the other lot, parcel or fractionalestate interestin isthe notreal subjectproperty, toincluding thisthe articleoffering andof isthe treatedproperty as ana independentprize parcelor unless,gift onif investigationa bymonetary thecharge commissioner,or thereconsideration isfor evidencewhatever ofpurpose intentis torequired. subdivide.

58.  "Timeshare"53. or "timeshare property" means real property ownership or right of occupancy in real property pursuant to article 9 of this chapter.  For the purposes of this chapter, a timeshare is not a security unless it meets the definition of a security under section 44‑1801.

59.  "Trustee""Salesperson", means:when used without modification, means a natural person who acts on the person's own behalf or through and on behalf of a professional limited liability company or a professional corporation licensed under this chapter or any person required to be licensed as a salesperson under this chapter.

(a)  A54. person who is designated under section 32‑2194.27 to act as a trustee for an endowment‑care cemetery fund.

(b)  A"School" personmeans holdinga bareperson legalor titleentity tothat realoffers property under a subdivisioncourse trust.  Aof trusteestudy shalltowards notcompletion beof deemedthe toeducation berequirements aleading developer,to subdivider,licensure broker or salespersonrenewal withinof licensure under this chapter.

60.  "Unimproved55. lot or parcel" means a lot or parcel of a subdivision that is not an improved lot or parcel.

61.  "Unsubdivided"Stock lands":cooperative" means a corporation to which all of the following apply:

(a)  Means(a) landThe orcorporation landsis dividedformed or proposedused to behold dividedtitle forto theimproved purposereal ofproperty salein orfee lease,simple whether immediate or future,for into six or more lots, parcels or fractional interests and the lots or parcels are thirty‑six acres or more each but less than one hundred sixty acres each, or that are offered, known or advertised under a commonterm promotionalof planyears. for sale or lease, except that agricultural leases shall not be included in this definition.

(b)  Includes(b) anyAll landor thatsubstantially isall soldof and that would otherwise constitute the sixthshareholders lot,of parcel or fractional interest if the salecorporation occurseach tenreceive ora moreright years after the earliest of theexclusive previousoccupancy fivein salesa andportion if all of the salesreal consist of property thatto waswhich originally contained within the samecorporation parcelholds thattitle. is thirty‑six acres or more and less than one hundred sixty acres.

END_STATUTE(c) Sec. 2.  SectionThe 32-2122,right Arizonaof Revisedoccupancy Statutes,may isonly amendedbe totransferred read:with the concurrent transfer of the shares of stock in the corporation held by the person having the right of occupancy.

START_STATUTE32-2122.  License56. required of brokers and salespersons A.  This article applies to any person acting in the capacity of a:

1.  Real"Subdivider" estatemeans broker.any person who offers for sale or lease six or more lots, parcels or fractional interests in a subdivision or who causes land to be subdivided into a subdivision for the subdivider or for others, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to create subdivisions.

2.  Real57. estate salesperson.

3.  Cemetery"Subdivision" broker.or "subdivided lands":

4.  Cemetery(a) salesperson.Means improved or unimproved land or lands divided or proposed to be divided for the purpose of sale or lease, whether immediate or future, into six or more lots, parcels or fractional interests.

5.  Membership(b) campingIncludes broker.a stock cooperative, lands divided or proposed to be divided as part of a common promotional plan and residential condominiums as defined in title 33, chapter 9.

6.  Membership(c) campingDoes salesperson.not include:

B.  It(i) shallLeasehold beofferings isof unlawfulone foryear any person, corporation, partnership or limitedless. liability company to engage in any business, occupation or activity listed in subsection A of this section without first obtaining a license as prescribed in this chapter and otherwise complying with the provisions of this chapter.

C.  A(ii) person,The corporation,division partnership or limitedproposed liabilitydivision companyof thatland islocated licensedin asthis astate salespersoninto lots or brokerparcels pursuanteach toof thiswhich articleis or thatwill isbe engagingthirty-six inacres anyor workmore forin whicharea aincluding license is required under this article is subject to the requirementscenterline of thisdedicated chapterroads inor theeasements, performanceif ofany, performingcontiguous anyto acts included in the definitionlot ofor aparcel. broker unless otherwise provided in this chapter.

D.  Except(iii) asThe otherwiseleasing providedof inagricultural thislands subsection, any act, in consideration or expectationapartments, ofoffices, compensation,stores, whichhotels, thatmotels, ispads included in the definition of a real estate broker, cemetery broker or membershipsimilar campingspace broker,within whether the act is an incidentalapartment partbuilding, ofindustrial abuilding, transactionrental orrecreational thevehicle entirecommunity, transaction,rental constitutesmanufactured thehome personcommunity, offeringrental ormobile attemptinghome topark perform the act of a real estate broker or realcommercial estatebuilding. salesperson, a cemetery broker or cemetery salesperson or a membership camping broker or a membership camping salesperson within the meaning of this chapter.  A person who is not a licensee may collect in-person rent and related fees for the use of real estate as part of the person's clerical duties if the person works for a licensee, the rent collection is on behalf of the licensee and the person provides a receipt when rent is paid.

END_STATUTE(iv) Sec. 3.  SectionThe 32-2124,subdivision Arizonainto Revisedor Statutes,development isof amendedparcels, plots or fractional portions within the boundaries of a cemetery that has been formed and approved pursuant to read:this chapter.

START_STATUTE32-2124.  Qualifications(v) A sale or lease of licenseesa A.  Exceptlot, asparcel otherwiseor providedfractional ininterest thisthat chapter,occurs ten or more years after the commissionersale shallor requirelease proof,of throughanother thelot, applicationparcel or otherwise,fractional asinterest if the commissionerother deemslot, advisableparcel withor duefractional regardinterest tois thenot interestssubject ofto thethis public,article asand tois thetreated honesty,as truthfulness,an goodindependent characterparcel andunless, competencyon ofinvestigation by the applicantcommissioner, andthere shallis requireevidence thatof theintent applicantto has:subdivide.

1.  If58. for an original real estate broker's license, at least three years' actual experience as a licensed real estate salesperson or real estate broker during the five years immediately preceding the time of application.

2.  If"Timeshare" for an original cemetery broker's license, either a current real estate broker's license, or if"timeshare theproperty" applicantmeans does not have a current real estateproperty broker'sownership license, at least three years' actual experience as a cemetery salesperson or brokerright orof asoccupancy ain licensed real estateproperty salespersonpursuant orto brokerarticle during9 the five years immediately preceding the time of application.this chapter.

3.  IfFor forthe anpurposes originalof membershipthis campingchapter, broker's license, either a currenttimeshare realis estate broker's license, or if the applicant does not have a currentsecurity realunless estateit broker'smeets license,the atdefinition leastof three years' actual experience as a licensedsecurity membershipunder campingsection salesperson44-1801. or broker or as a licensed real estate salesperson or broker during the five years immediately preceding the time of application.

4.  If59. for any type of broker's or salesperson's license, not had a license denied within one year immediately preceding application in this state pursuant to section 32‑2153 or a similar statute in any other state.

5.  If"Trustee" formeans: any type of broker's or salesperson's license, not had a license revoked within the two years immediately preceding application in this state pursuant to section 32‑2153 or a similar statute in any other state.

6.  If(a) reapplyingA forperson awho licenseis thatdesignated expiredunder moresection than32-2194.27 oneto yearact before the date of application, met all current education and experience requirements and retakes the examination the same as ifa thetrustee applicant were applying for thean licenseendowment-care forcemetery thefund. first time.

7.  If(b) forA aperson realholding estate,bare cemeterylegal ortitle membership camping broker's license, other than a renewal application, an equivalent amount of active experience within the immediately preceding five years in the field in which the applicant is applying for the broker's license, as a substitute for the licensed active experience otherwise required in paragraphs 1, 2 and 3 of this subsection.  The licensed active experience required may be met if the applicant can demonstrate to thereal commissioner'sproperty satisfactionunder that the applicant has an equivalent amount of experience in the past five years that, if the applicant had held a license,subdivision wouldtrust. have been sufficient to fulfill the licensed experience requirement.

B.  AllA applicantstrustee other than renewal applicants under section 32‑2130 for a real estate salesperson's license shall shownot evidencebe satisfactorydeemed to thebe commissioner that they have completed a realdeveloper, estatesubdivider, salesperson'sbroker course that is prescribed and approved by the commissioner and that is at least ninety classroom hours, or itssalesperson equivalent,within of instruction in a real estate school certified by the commissioner and have satisfactorily passed an examination on the course.  An applicant may complete the real estate salesperson's course prescribed by this subsectionchapter. through an online course if the online course is offered by a real estate school that is certified by the commissioner, but the applicant must complete an examination on the online course in person.  In no case shall the real estate salesperson's course completion or its equivalent be more than ten years before the date of application unless, at the time of application, the commissioner determines in the commissioner's discretion that the applicant has work experience in a real estate‑related field and education that together are equivalent to the prelicensure education requirement.  The commissioner may waive all or a portion of the prelicensure course requirement, other than the twenty‑seven-hour Arizona‑specific course, for an applicant who holds a current real estate license in another state.

C.  All60. applicants other than renewal applicants under section 32‑2130 for a real estate broker's license shall show evidence satisfactory to the commissioner that they have completed a real estate broker's course that is prescribed and approved by the commissioner and that is at least ninety classroom hours, or the equivalent, of instruction in a real estate school certified by the commissioner and have satisfactorily passed an examination on the course.  An applicant may complete the real estate broker's course prescribed by this subsection through an online course if the online course is offered by a real estate school that is certified by the commissioner, but the applicant must complete an examination on the online course in person.  In no case shall the real estate broker's course completion or its equivalent be more than ten years before the date of application unless, at the time of application, the commissioner determines in the commissioner's discretion that the applicant has work experience in a real estate‑related field and education that together are equivalent to the prelicensure education requirement.  The commissioner may waive all or a portion of the prelicensure course requirement, other than the twenty‑seven-hour Arizona‑specific course, for an applicant who holds a current real estate license in another state.

D.  Before"Unimproved receivinglot anyor licenseparcel" providedmeans fora bylot thisor chapter,parcel anof applicanta mustsubdivision bethat atis leastnot eighteenan yearsimproved oflot age.or parcel.

E.  The61. commissioner shall ascertain by a written, electronic or other examination method that an applicant for a real estate license has:

1.  An"Unsubdivided appropriatelands": knowledge of the English language, including reading, writing and spelling, and of arithmetical computations common to real estate practices.

2.  At(a) aMeans minimum,land anor understandinglands ofdivided theor generalproposed purposeto andbe legaldivided effectfor the purpose of anysale realor estatelease, practices,whether principlesimmediate or future, into six or more lots, parcels or fractional interests and relatedthe forms,lots includingor agencyparcels contracts,are realthirty-six estateacres contracts,or depositmore receipts,each deeds,but mortgages,less deedsthan ofone trust,hundred securitysixty agreements,acres billseach, ofor sale,that landare contractsoffered, ofknown saleor andadvertised propertyunder management,a andcommon ofpromotional anyplan otherfor areassale or lease, except that theagricultural commissionerleases deemsshall necessarynot andbe proper.included in this definition.

3.  A(b) thoroughIncludes understandingany ofland that is sold and that would otherwise constitute the obligationssixth betweenlot, principalparcel andor agent,fractional interest if the principlessale occurs ten or more years after the earliest of realthe estateprevious five sales and businessif opportunityall practice,of the applicablesales canonsconsist of businessproperty ethics,that was originally contained within the provisionssame ofparcel thisthat chapteris andthirty-six rulesacres madeor undermore adoptedand pursuantless tothan thisone chapter.hundred sixty acres.

4.  AnEND_STATUTE appropriateSec. 2. knowledge of other real estate practices and principles as determined by the commissioner.

F.  TheSection commissioner32-2122, shallArizona ascertainRevised byStatutes, ais written,amended electronicto orread: other examination method that an applicant for a license as a cemetery broker or a cemetery salesperson has:

1.  AppropriateSTART_STATUTE32-2122. knowledge of the English language, including reading, writing and spelling, and of elementary arithmetic.

2.  ALicense generalrequired understandingof of:brokers and salespersons A.

(a)  CemeteryThis associations,article cemeteryapplies corporationsto andany dutiesperson ofacting cemeteryin directorsthe andcapacity officers.of a:

(b)  Plot1. ownership, deeds, certificates of ownership, contracts of sale, liens and leases.

(c)  Establishing,Real dedicating,estate maintaining,broker. managing, operating, improving, preserving and conducting a cemetery.

(d)  The2. provisions of this chapter and rules made under adopted pursuant to this chapter relating to the organization and regulation of cemeteries and the licensing and regulation of cemetery brokers and cemetery salespersons.

3.  AReal generalestate understandingsalesperson. of the obligations between principal and agent, the principles of cemetery practice and the canons of business ethics pertaining to the operation of cemeteries and the sale of cemetery property.

G.  The3. commissioner shall ascertain by a written, electronic or other examination method that an applicant for a license as a membership camping broker or a membership camping salesperson has:

1.  AnCemetery appropriatebroker. knowledge of the English language, including reading, writing and spelling, and of elementary arithmetic.

2.  A4. general understanding of:

(a)  TheCemetery generalsalesperson. purposes and legal effect of contracts and agency contracts.

(b)  Establishing,5. maintaining, managing and operating a membership campground.

(c)  TheMembership provisions of this chapter and rules adopted under pursuant to this chapter relating to the organization and regulation of membership campgrounds and the licensing and regulation of membership camping brokersbroker. and membership camping salespersons.

3.  A6. general understanding of the obligations between principal and agent and the canons of business ethics pertaining to the operation and promotion of membership campgrounds.

H.  AMembership renewal applicant for a real estate, cemetery or membership camping broker'ssalesperson. or salesperson's license is not required to submit to an examination if the application is made within twelve months after the license expires and the license is not cancelled canceled, terminated or suspended at the time of application.

I.  TheB. examination for a broker's license shall be more exacting and stringent and of a broader scope than the examination for a salesperson's license.

J.  AnIt applicantshall forbe ais realunlawful estatefor salesperson'sany orperson, broker'scorporation, licensepartnership whoor currentlylimited holdsliability atcompany leastto anengage equivalent license in anotherany statebusiness, mayoccupation beor exemptactivity fromlisted takingin thesubsection nationalA portion of thethis realsection estatewithout examinationfirst ifobtaining the applicant can demonstrate passing a nationallicense examinationas withinprescribed thein pastthis fivechapter yearsand thatotherwise iscomplying satisfactorilywith similar to the oneprovisions administeredof bythis thechapter. department.

K.  IdentificationC. of each applicant whose licensing requirement was allowed to be met by an equivalent alternative pursuant to this section shall be included in the annual performance report presented by the board to the governor pursuant to section 32‑2104.

L.  AnA applicantperson, forcorporation, anpartnership originalor reallimited estateliability salesperson'scompany license,that afteris completionlicensed ofas thea requirementssalesperson ofor subsectionbroker Bpursuant ofto this section,article shallor providethat certificationis toengaging thein departmentany atwork thefor timewhich ofa applicationlicense evidencingis completionrequired ofunder sixthis hoursarticle ofis instructionsubject into realthe estaterequirements contractof lawthis andchapter contractin writing.  Thisthe instructionperformance shallof includeperforming participationany byacts theincluded applicant in the draftingdefinition of contractsa tobroker purchaseunless realotherwise property,provided listingin agreementsthis andchapter. lease agreements.

M.  TheD. commissioner shall not issue a license to a person who has been convicted of a felony offense and who is currently incarcerated for the conviction, paroled or under community supervision and under the supervision of a parole or community supervision officer or who is on probation as a result of the conviction.

N.  TheExcept commissioneras shallotherwise requireprovided anin out‑of‑statethis applicantsubsection, forany aact, licensein consideration or expectation of compensation, which that is issuedincluded pursuantin tothe sectiondefinition 32‑4302of toa passreal anestate examinationbroker, specificcemetery tobroker or membership camping broker, whether the lawsact ofis thisan stateincidental relatingpart toof thisa chaptertransaction beforeor the commissionerentire issuestransaction, constitutes the licenseperson offering or attempting to perform the applicant.act of a real estate broker or real estate salesperson, a cemetery broker or cemetery salesperson or a membership camping broker or a membership camping salesperson within the meaning of this chapter.

A person who is not a licensee may collect in-person rent and related fees for the use of real estate as part of the person's clerical duties if the person works for a licensee, the rent collection is on behalf of the licensee and the person provides a receipt when rent is paid.

END_STATUTE Sec. 3.

Section 32-2124, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2124.

Qualifications of licensees A.

Except as otherwise provided in this chapter, the commissioner shall require proof, through the application or otherwise, as the commissioner deems advisable with due regard to the interests of the public, as to the honesty, truthfulness, good character and competency of the applicant and shall require that the applicant has:

1.

If for an original real estate broker's license, at least three years' actual experience as a licensed real estate salesperson or real estate broker during the five years immediately preceding the time of application.

2.

If for an original cemetery broker's license, either a current real estate broker's license, or if the applicant does not have a current real estate broker's license, at least three years' actual experience as a cemetery salesperson or broker or as a licensed real estate salesperson or broker during the five years immediately preceding the time of application.

3.

If for an original membership camping broker's license, either a current real estate broker's license, or if the applicant does not have a current real estate broker's license, at least three years' actual experience as a licensed membership camping salesperson or broker or as a licensed real estate salesperson or broker during the five years immediately preceding the time of application.

4.

If for any type of broker's or salesperson's license, not had a license denied within one year immediately preceding application in this state pursuant to section 32-2153 or a similar statute in any other state.

5.

If for any type of broker's or salesperson's license, not had a license revoked within the two years immediately preceding application in this state pursuant to section 32-2153 or a similar statute in any other state.

6.

If reapplying for a license that expired more than one year before the date of application, met all current education and experience requirements and retakes the examination the same as if the applicant were applying for the license for the first time.

7.

If for a real estate, cemetery or membership camping broker's license, other than a renewal application, an equivalent amount of active experience within the immediately preceding five years in the field in which the applicant is applying for the broker's license, as a substitute for the licensed active experience otherwise required in paragraphs 1, 2 and 3 of this subsection.

The licensed active experience required may be met if the applicant can demonstrate to the commissioner's satisfaction that the applicant has an equivalent amount of experience in the past five years that, if the applicant had held a license, would have been sufficient to fulfill the licensed experience requirement.

B.

All applicants other than renewal applicants under section 32-2130 for a real estate salesperson's license shall show evidence satisfactory to the commissioner that they have completed a real estate salesperson's course that is prescribed and approved by the commissioner and that is at least ninety classroom hours, or its equivalent, of instruction in a real estate school certified by the commissioner and have satisfactorily passed an examination on the course.  An applicant may complete the real estate salesperson's course prescribed by this subsection through an online course if the online course is offered by a real estate school that is certified by the commissioner, but the applicant must complete an examination on the online course in person.

In no case shall the real estate salesperson's course completion or its equivalent be more than ten years before the date of application unless, at the time of application, the commissioner determines in the commissioner's discretion that the applicant has work experience in a real estate-related field and education that together are equivalent to the prelicensure education requirement.

The commissioner may waive all or a portion of the prelicensure course requirement, other than the twenty-seven-hour Arizona-specific course, for an applicant who holds a current real estate license in another state.

C.

All applicants other than renewal applicants under section 32-2130 for a real estate broker's license shall show evidence satisfactory to the commissioner that they have completed a real estate broker's course that is prescribed and approved by the commissioner and that is at least ninety classroom hours, or the equivalent, of instruction in a real estate school certified by the commissioner and have satisfactorily passed an examination on the course.

An applicant may complete the real estate broker's course prescribed by this subsection through an online course if the online course is offered by a real estate school that is certified by the commissioner, but the applicant must complete an examination on the online course in person.  In no case shall the real estate broker's course completion or its equivalent be more than ten years before the date of application unless, at the time of application, the commissioner determines in the commissioner's discretion that the applicant has work experience in a real estate-related field and education that together are equivalent to the prelicensure education requirement.

The commissioner may waive all or a portion of the prelicensure course requirement, other than the twenty-seven-hour Arizona-specific course, for an applicant who holds a current real estate license in another state.

D.

Before receiving any license provided for by this chapter, an applicant must be at least eighteen years of age.

E.

The commissioner shall ascertain by a written, electronic or other examination method that an applicant for a real estate license has:

1.

An appropriate knowledge of the English language, including reading, writing and spelling, and of arithmetical computations common to real estate practices.

2.

At a minimum, an understanding of the general purpose and legal effect of any real estate practices, principles and related forms, including agency contracts, real estate contracts, deposit receipts, deeds, mortgages, deeds of trust, security agreements, bills of sale, land contracts of sale and property management, and of any other areas that the commissioner deems necessary and proper.

3.

A thorough understanding of the obligations between principal and agent, the principles of real estate and business opportunity practice, the applicable canons of business ethics, the provisions of this chapter and rules made under adopted pursuant to this chapter.

4.

An appropriate knowledge of other real estate practices and principles as determined by the commissioner.

F.

The commissioner shall ascertain by a written, electronic or other examination method that an applicant for a license as a cemetery broker or a cemetery salesperson has:

1.

Appropriate knowledge of the English language, including reading, writing and spelling, and of elementary arithmetic.

2.

A general understanding of:

(a) Cemetery associations, cemetery corporations and duties of cemetery directors and officers.

(b) Plot ownership, deeds, certificates of ownership, contracts of sale, liens and leases.

(c) Establishing, dedicating, maintaining, managing, operating, improving, preserving and conducting a cemetery.

(d) The provisions of this chapter and rules made under adopted pursuant to this chapter relating to the organization and regulation of cemeteries and the licensing and regulation of cemetery brokers and cemetery salespersons.

3.

A general understanding of the obligations between principal and agent, the principles of cemetery practice and the canons of business ethics pertaining to the operation of cemeteries and the sale of cemetery property.

G.

The commissioner shall ascertain by a written, electronic or other examination method that an applicant for a license as a membership camping broker or a membership camping salesperson has:

1.

An appropriate knowledge of the English language, including reading, writing and spelling, and of elementary arithmetic.

2.

A general understanding of:

(a) The general purposes and legal effect of contracts and agency contracts.

(b) Establishing, maintaining, managing and operating a membership campground.

(c) The provisions of this chapter and rules adopted under pursuant to this chapter relating to the organization and regulation of membership campgrounds and the licensing and regulation of membership camping brokers and membership camping salespersons.

3.

A general understanding of the obligations between principal and agent and the canons of business ethics pertaining to the operation and promotion of membership campgrounds.

H.

A renewal applicant for a real estate, cemetery or membership camping broker's or salesperson's license is not required to submit to an examination if the application is made within twelve months after the license expires and the license is not cancelled canceled, terminated or suspended at the time of application.

I.

The examination for a broker's license shall be more exacting and stringent and of a broader scope than the examination for a salesperson's license.

J.

An applicant for a real estate salesperson's or broker's license who currently holds at least an equivalent license in another state may be exempt from taking the national portion of the real estate examination if the applicant can demonstrate passing a national examination within the past five years that is satisfactorily similar to the one administered by the department.

K.

Identification of each applicant whose licensing requirement was allowed to be met by an equivalent alternative pursuant to this section shall be included in the annual performance report presented by the board to the governor pursuant to section 32-2104.

L.

An applicant for an original real estate salesperson's license, after completion of the requirements of subsection B of this section, shall provide certification to the department at the time of application evidencing completion of six hours of instruction in real estate contract law and contract writing.

This instruction shall include participation by the applicant in the drafting of contracts to purchase real property, listing agreements and lease agreements.

M.

The commissioner shall not issue a license to a person who has been convicted of a felony offense and who is currently incarcerated for the conviction, paroled or under community supervision and under the supervision of a parole or community supervision officer or who is on probation as a result of the conviction.

N.

The commissioner shall require an out-of-state applicant for a license that is issued pursuant to section 32-4302 to pass an examination specific to the laws of this state relating to this chapter before the commissioner issues the license to the applicant.