Full Text of SB1894 96th General Assembly
SB1894sam002 96TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 1894
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| AMENDMENT NO. ______. Amend Senate Bill 1894 on page 3, | 3 |
| line 11, by replacing "OBRE" with " the Department OBRE "; and | 4 |
| on page 7, below line 8, by inserting the following: | 5 |
| " "Coordinator" means the Coordinator of Real Estate | 6 |
| created in Section 25-15 of this Act. "; and | 7 |
| on page 7, by replacing lines 24 and 25 with the following: | 8 |
| " "Director" means the Director of the Real Estate Division, | 9 |
| OBRE. "; and | 10 |
| on page 19, lines 8 and 13, by replacing "real estate" each | 11 |
| time it appears with " real estate "; and | 12 |
| on page 22, line 6, after " Section ", by inserting " 1-10 "; and | 13 |
| on page 22, line 14, by replacing "$1,000" with " $1,500 |
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| $1,000 "; and | 2 |
| on page 24, line 14, by replacing "(a) (Blank). " with " (a) "; | 3 |
| and | 4 |
| on page 25, line 7, by replacing "(b)" with " (b) "; and | 5 |
| on page 25, line 11, by replacing " of a " with " a "; and | 6 |
| on page 26, line 3, by replacing "(c) (Blank). " with " (c) "; and | 7 |
| on page 26, line 6, by replacing "(d) (Blank). " with " (d) "; and | 8 |
| on page 26, line 10, by replacing "." with " . "; and | 9 |
| on page 26, line 11, by replacing "(e) (Blank). " with " (e) "; | 10 |
| and | 11 |
| on page 27, lines 15 and 20, by replacing " . " each time it | 12 |
| appears with " ; "; and | 13 |
| on page 27, line 22, by replacing " . " with " ; and "; and | 14 |
| on page 28, lines 21 and 22, by replacing " . " each time it | 15 |
| appears with " ; "; and |
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| on page 29, lines 3, 14, and 23, by replacing " . " each time it | 2 |
| appears with " ; "; and | 3 |
| on page 31, line 6, by replacing " broker " with " broker's "; and | 4 |
| on page 32, line 1, after "broker , ", by inserting " broker, "; | 5 |
| and | 6 |
| on page 37, line 2, by replacing " broker " with " broker's "; and | 7 |
| on page 37, line 4, by replacing "OBRE" with " the Department | 8 |
| OBRE "; and | 9 |
| on page 38, line 6, before " Commissioner ", by inserting | 10 |
| " Secretary "; and | 11 |
| on page 39, line 8, by replacing " salesperson to broker | 12 |
| license " with " salesperson's license to broker's license "; and | 13 |
| on page 39, line 10, by replacing " salespersons " with | 14 |
| " salesperson "; and | 15 |
| on page 40, line 12, by replacing " broker " with " broker's "; and | 16 |
| on page 42, by replacing line 18 with the following: | 17 |
| " broker's license. OBRE shall establish and "; and |
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| on page 42, by replacing lines 19 through 26 with the | 2 |
| following: | 3 |
| " maintain a register of all persons currently licensed by the
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| State and shall issue and prescribe a form of pocket card. Upon
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| payment by a licensee of the appropriate fee as prescribed by
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| rule for engagement in the activity for which the licensee is
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| qualified and holds a license for the current period, OBRE | 8 |
| shall issue a pocket card to the licensee. The
pocket card | 9 |
| shall be verification that the required fee for the
current | 10 |
| period has been paid and shall indicate that the person "; and | 11 |
| on page 43, by replacing lines 1 through 10 with the following: | 12 |
| " named thereon is licensed for the current renewal period as a
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| broker, salesperson, or leasing agent as the
case may be. The | 14 |
| pocket card shall further indicate that the
person named | 15 |
| thereon is authorized by OBRE to
engage in the licensed | 16 |
| activity appropriate for his or her
status (broker, | 17 |
| salesperson, or leasing
agent). Each licensee shall carry on | 18 |
| his or her person his or
her pocket card or, if such pocket | 19 |
| card has not yet been
issued, a properly issued sponsor card | 20 |
| when engaging in any
licensed activity and shall display the | 21 |
| same on demand. "; and | 22 |
| on page 44, below line 10, by inserting the following: | 23 |
| " (e) The Department shall establish and
maintain a register |
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| of all persons currently licensed by the
State and shall issue | 2 |
| and prescribe a form of pocket card. Upon payment by a licensee | 3 |
| of the appropriate fee as prescribed by
rule for engagement in | 4 |
| the activity for which the licensee is
qualified and holds a | 5 |
| license for the current period, the
Department shall issue a | 6 |
| pocket card to the licensee. The
pocket card shall be | 7 |
| verification that the required fee for the
current period has | 8 |
| been paid and shall indicate that the person named thereon is | 9 |
| licensed for the current renewal period as a
managing broker, | 10 |
| broker, salesperson, or leasing agent as the
case may be. The | 11 |
| pocket card shall further indicate that the
person named | 12 |
| thereon is authorized by the Department to
engage in the | 13 |
| licensed activity appropriate for his or her
status (managing | 14 |
| broker, broker, salesperson, or leasing
agent). Each licensee | 15 |
| shall carry on his or her person his or
her pocket card or, if | 16 |
| such pocket card has not yet been
issued, a properly issued | 17 |
| sponsor card when engaging in any
licensed activity and shall | 18 |
| display the same on demand.
"; and | 19 |
| on page 44, by replacing lines 11 through 13 with the | 20 |
| following: | 21 |
| " (f) The Department shall provide to the sponsoring broker | 22 |
| a notice of renewal for all sponsored licensees by mailing the | 23 |
| notice to the sponsoring broker's address of record, or, at the | 24 |
| Department's discretion, by an electronic means as provided for | 25 |
| by rule. "; and |
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| on page 44, by replacing lines 14 and 15 with the following: | 2 |
| " (g) Upon request from the sponsoring broker, the | 3 |
| Department shall make available to the sponsoring broker, | 4 |
| either by mail or by an electronic means at the discretion of | 5 |
| the Department, a "; and | 6 |
| on page 45, lines 19 and 20, by deleting " if the application is | 7 |
| made prior to May 1, 2012 "; and | 8 |
| on page 46, line 4, before " broker ", by inserting " managing "; | 9 |
| and | 10 |
| on page 47, by replacing lines 5 and 6 with the following: | 11 |
| "(6) the broker was licensed by an examination in a | 12 |
| state that has entered into OBRE has a reciprocal agreement | 13 |
| with the Department that state that includes the provisions | 14 |
| of this Section ."; and | 15 |
| on page 47, line 7, by replacing "(b)" with " (c) (b) "; and | 16 |
| on page 47, line 11, by replacing "nonresident" with | 17 |
| " nonresident "; and | 18 |
| on page 47, lines 11 and 12, by replacing "under the | 19 |
| nonresident broker" with " under the nonresident broker "; and |
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| on page 47, line 24, by replacing "(4) (Blank). " with " (4) "; | 2 |
| and | 3 |
| on page 48, line 5, immediately after "broker", by inserting | 4 |
| " , "; and | 5 |
| on page 50, by replacing lines 3 and 4 with the following: | 6 |
| "Section shall be eligible to obtain a resident managing | 7 |
| broker's license, a broker's license, or , prior to May 1, 2011, | 8 |
| a salesperson's license"; and | 9 |
| on page 50, line 7, by replacing "or" with " for or "; and | 10 |
| on page 50, line 22, immediately after "broker", by inserting | 11 |
| " , "; and | 12 |
| on page 50, line 23, by deleting " licensees "; and | 13 |
| on page 50, line 24, immediately after " managing brokers, | 14 |
| brokers ", by inserting " , "; and | 15 |
| on page 51, line 3, immediately after "broker", by inserting | 16 |
| " , "; and | 17 |
| on page 51, line 14, by replacing ", the licensee" with " , the |
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| licensee "; and | 2 |
| on page 51, line 15, by replacing "6-hour" with " 12-hour | 3 |
| 6-hour "; and | 4 |
| on page 52, line 9, immediately after "brokers", by inserting | 5 |
| " , "; and | 6 |
| on page 52, line 23, by replacing " broker license " with | 7 |
| " broker's license "; and | 8 |
| on page 53, line 2, by replacing " broker " with " broker's "; and | 9 |
| on page 53, by replacing lines 8 through 13 with the following: | 10 |
| " condition of license renewal. | 11 |
| (d) A
person receiving an initial license as a real estate | 12 |
| broker
during the 90 days before the broker renewal date shall | 13 |
| not be
required to complete the broker management continuing
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| education courses course provided for in subsection (b) of this
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| Section as a condition of initial license renewal."; and | 16 |
| on page 53, line 14, by replacing "(d)" with " (e) (d) "; and | 17 |
| on page 54, line 7, by replacing "(e)" with " (f) (e) "; and | 18 |
| on page 54, line 21, by replacing "(f)" with " (g) (f) "; and |
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| on page 54, line 22, by replacing "(e)" with " (f) (e) "; and | 2 |
| on page 55, line 1, by replacing "(g)" with " (h) (g) "; and | 3 |
| on page 55, line 3, by replacing "(h)" with " (i) (h) "; and | 4 |
| on page 55, line 6, by replacing "(i)" with " (j) (i) "; and | 5 |
| on page 55, line 8, by replacing "(j)" with " (k) (j) "; and | 6 |
| on page 55, line 19, by replacing " (k) " with " (l) "; and | 7 |
| on page 58, line 5, by replacing " brokers " with " broker "; and | 8 |
| on page 58, line 14, by replacing "(26) of subsection (h)" with | 9 |
| the following: | 10 |
| " (35) (26) of subsection (a) (h) "; and | 11 |
| on page 58, lines 22 and 23, by replacing "(26) of subsection | 12 |
| (h) of " with the following: | 13 |
| " (35) (26) of subsection (a) (h) of"; and | 14 |
| on page 59, line 3, by replacing " Internet " with " via the | 15 |
| Internet "; and |
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| on page 59, by replacing lines 11 and 12 with the following: | 2 |
| "information contained therein to the public in an accurate, a | 3 |
| direct , and readily comprehensible manner."; and
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| on page 66, line 22, by replacing lines 22 through 25 with the | 5 |
| following: | 6 |
| " (b) (3) The licensee representing the consumer shall | 7 |
| discuss with the consumer the sponsoring broker's compensation | 8 |
| and policy with regard to
cooperating with
brokers who | 9 |
| represent other parties in a transaction."; and | 10 |
| on page 67, line 1, by replacing "(b)" with " (c) (b) "; and | 11 |
| on page 73, lines 5 and 6, by replacing "fine" each time it | 12 |
| appears with " penalty fine "; and | 13 |
| on page 73, line 7, by replacing "judgement" with " judgment | 14 |
| judgement "; and | 15 |
| on page 73, line 18, by replacing " a " with "a"; and | 16 |
| on page 73, line 19, by deleting " issued "; and | 17 |
| on page 78, line 15, by replacing "OBRE" with " Department | 18 |
| OBRE "; and |
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| on page 80, line 13, by deleting " contract "; and | 2 |
| on page 82, line 7, by replacing "a written" with " an a | 3 |
| written "; and | 4 |
| on page 83, line 9, by replacing " 39 " with " (39) "; and | 5 |
| on page 87, line 22, by replacing " rule " with " ruling "; and | 6 |
| on page 89, line 6, by replacing "OBRE" with " the Department | 7 |
| OBRE "; and | 8 |
| on page 89, lines 20 and 21, by replacing "Commissioner" each | 9 |
| time it appears with " Secretary Commissioner "; and | 10 |
| on page 91, line 10, by deleting " ; "; and | 11 |
| on page 92, line 17, by replacing " Section 20-20 " with " Article | 12 |
| 20 "; and | 13 |
| on page 93, line 10, immediately after " evidence ", by inserting | 14 |
| " , "; and | 15 |
| on page 93, line 25, by replacing "(e) (Blank). " with " (e) "; | 16 |
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| on page 94, line 22, by replacing "(f) (Blank). " with " (f) "; | 2 |
| and | 3 |
| on page 95, line 3, by replacing "(g) (Blank). " with " (g) "; and | 4 |
| on page 95, line 12, by replacing "(h) (Blank). " with " (h) "; | 5 |
| and | 6 |
| on page 95, line 20, by replacing "(i) (Blank). " with " (i) "; | 7 |
| and | 8 |
| on page 96, line 8, by replacing "(j) (Blank). " with " (j) "; and | 9 |
| on page 97, line 14, by replacing "(k) (Blank). " with " (k) "; | 10 |
| and | 11 |
| on page 97, line 26, by replacing "(m) (Blank). " with " (m) "; | 12 |
| and | 13 |
| on page 99, line 12, after " after ", by deleting " the "; and | 14 |
| on page 99, line 14, by replacing " grounds for the rehearing " | 15 |
| with " particular grounds for rehearing "; and | 16 |
| on page 99, line 17, by replacing " 20-65 " with " 20-72 "; and |
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| on page 100, lines 22 and 23, by replacing " A board member or | 2 |
| member may attend hearings. " with " Any Board member may attend | 3 |
| the hearing. "; and | 4 |
| on page 100, line 24, by replacing " conclusion " with | 5 |
| " conclusions "; and | 6 |
| on page 101, line 3, by replacing " the recommendation " with " a | 7 |
| recommendation "; and | 8 |
| on page 104, line 3, after " collected ", by inserting " under | 9 |
| this Act "; and | 10 |
| on page 107, line 24, by replacing "Commissioner" with | 11 |
| " Secretary Commissioner "; and | 12 |
| on page 116, by replacing lines 6 through 10 with the | 13 |
| following: | 14 |
| "that shall be used in connection therewith. Five Board members | 15 |
| shall constitute a quorum. A quorum is required for all Board | 16 |
| decisions None of the functions, powers, or duties enumerated | 17 |
| in "; and | 18 |
| on page 117, line 18, after " Department ", by inserting " a "; and | 19 |
| on page 119, line 7, by replacing " 5,000 " with " 10,000 "; and |
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| on page 119, line 8, by replacing " 10,000 " with " 20,000 "; and | 2 |
| on page 119, lines 10 through 13, by deleting " Further, the | 3 |
| Department shall dedicate at least one of the investigators and | 4 |
| one of the prosecutors to investigate and prosecute complaints | 5 |
| and situations involving unlicensed practice of real estate | 6 |
| brokerage activities "; and | 7 |
| on page 119, line 14, by replacing "." with " . "; and | 8 |
| on page 119, line 22, after " shall ", by inserting " , at the | 9 |
| direction of the Department, "; and | 10 |
| on page 119, line 24, after " fact ", by inserting " to the | 11 |
| Department "; and | 12 |
| on page 122, line 11, by replacing "OBRE" with " the Department | 13 |
| OBRE "; and | 14 |
| on page 123, line 11, by replacing "OBRE" with " the Department | 15 |
| OBRE "; and | 16 |
| on page 126, line 17, by replacing "OBRE" with " the Department | 17 |
| OBRE "; and |
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| on page 128, lines 2 and 3, by replacing " Board " each time it | 2 |
| appears with " Advisory Council "; and | 3 |
| on page 128, by replacing lines 13 through 16 with the | 4 |
| following: | 5 |
| "ex officio, without vote. Three Advisory Council members shall | 6 |
| constitute a quorum. A quorum is required for all Advisory | 7 |
| Council decisions. The Advisory"; and | 8 |
| on page 134, line 20, by changing "of" to " of ".
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