LCO No. 5450 1 of 29 General Assembly Raised Bill No. 7300 January Session, 2019 LCO No. 5450 Referred to Committee on GENERAL LAW Introduced by: (GL) AN ACT CONCERNING TH E LICENSING OF LEASING AGENTS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 20-311 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2019): 2 As used in this chapter, unless the context otherwise requires: 3 (1) "Real estate broker" or "broker" means (A) any person, 4 partnership, association, limited liability company or corporation 5 which acts for another person or entity and for a fee, commission or 6 other valuable consideration, lists for sale, sells, exchanges, buys or 7 rents, or offers or attempts to negotiate a sale, exchange, purchase or 8 rental of, an estate or interest in real estate, or a resale of a mobile 9 manufactured home, as defined in subdivision (1) of section 21-64, or 10 collects or offers or attempts to collect rent for the use of real estate, 11 and (B) any person, partnership, association, limited liability company 12 or corporation employed by or on behalf of the owner or owners of lots 13 or other parcels of real estate, at a stated salary, upon commission, 14 upon a salary and commission basis or otherwise to sell such real 15 Raised Bill No. 7300 LCO No. 5450 2 of 29 estate, or any parts thereof, in lots or other parcels, and who sells or 16 exchanges, or offers, attempts or agrees to negotiate the sale or 17 exchange of, any such lot or parcel of real estate; 18 (2) "Real estate salesperson" or "salesperson" means a person 19 affiliated with any real estate broker as an independent contractor or 20 employed by a real estate broker to list for sale, sell or offer for sale, to 21 buy or offer to buy or to negotiate the purchase or sale or exchange of 22 real estate, or to offer for resale, a mobile manufactured home, as 23 defined in subdivision (1) of section 21-64, or to lease or rent or offer to 24 lease, rent or place for rent any real estate, or to collect or offer or 25 attempt to collect rent for the use of real estate for or on behalf of such 26 real estate broker, or who offers, sells or attempts to sell the real estate 27 or mobile manufactured homes of a licensed broker, or acting for 28 another as a designated seller agent or designated buyer agent, lists for 29 sale, sells, exchanges, buys or rents, or offers or attempts to negotiate a 30 sale, exchange, purchase or rental of, an estate or interest in real estate, 31 or a resale of a mobile manufactured home, as defined in subsection (a) 32 of section 21-64, or collects or offers or attempts to collect rent for the 33 use of real estate, but does not include employees of any real estate 34 broker whose principal occupation is clerical work in an office, or 35 janitors or custodians engaged principally in that occupation; 36 (3) "Engaging in the real estate business" means acting for another 37 and for a fee, commission or other valuable consideration in the listing 38 for sale, selling, exchanging, buying or renting, or offering or 39 attempting to negotiate a sale, exchange, purchase or rental of, an 40 estate or interest in real estate or a resale of a mobile manufactured 41 home, as defined in subdivision (1) of section 21-64, or collecting upon 42 a loan secured or to be secured by a mortgage or other encumbrance 43 upon or transfer of real estate; 44 (4) "Person" means any individual, partnership, association, limited 45 liability company or corporation; 46 (5) "Commission" means the Connecticut Real Estate Commission 47 Raised Bill No. 7300 LCO No. 5450 3 of 29 appointed under the provisions of section 20-311a; 48 (6) "Designated agency" means the appointment by a real estate 49 broker of one or more brokers, leasing agents or salespersons affiliated 50 with or employed by the real estate broker to solely represent a buyer 51 or tenant as a designated buyer's agent and appoint another to 52 represent a seller or landlord as a designated seller's agent in a 53 transaction; 54 (7) "Designated buyer agent" means a broker or salesperson 55 designated by the real estate broker with whom the broker or 56 salesperson is affiliated or employed to solely represent a named buyer 57 or tenant client of the real estate broker during the term of a buyer 58 representation agreement or authorization; 59 (8) "Designated seller agent" means a leasing agent, broker or 60 salesperson designated by the real estate broker with whom the 61 broker, leasing agent or salesperson is affiliated or employed to solely 62 represent a named seller or landlord client of the real estate broker 63 during the term of a listing agreement or authorization; [and] 64 (9) "Commercial real estate transaction" means any transaction 65 involving the sale, exchange, lease or sublease of real property other 66 than real property containing any building or structure occupied or 67 intended to be occupied by no more than four families or a single 68 building lot to be used for family or household purposes; [.] and 69 (10) "Leasing agent" means any person, partnership, association, 70 limited liability company or corporation which acts for another person 71 or entity and, for a fee, commission or other valuable consideration, 72 engages in leasing or renting activity or offers or attempts to negotiate 73 a rental of, or collects or offers or attempts to collect rent for the use of 74 residential real estate. 75 Sec. 2. Section 20-311b of the general statutes is repealed and the 76 following is substituted in lieu thereof (Effective October 1, 2019): 77 Raised Bill No. 7300 LCO No. 5450 4 of 29 (a) Within thirty days after the appointment of the members of the 78 commission, the commission shall meet in the city of Hartford for the 79 purpose of organizing by selecting such officers other than a 80 chairperson as the commission may deem necessary and appropriate. 81 A majority of the members of the commission shall constitute a 82 quorum for the exercise of the powers or authority conferred upon it. 83 (b) (1) The commission shall authorize the Department of Consumer 84 Protection to issue licenses to leasing agents, real estate brokers and 85 real estate salespersons. 86 (2) The commission shall administer the provisions of this chapter 87 as to licensure and issuance, renewal, suspension or revocation of 88 licenses concerning the real estate business. 89 (c) The commission shall be provided with the necessary office 90 space in Hartford by the Commissioner of Administrative Services. 91 The place of business of the commission and all files, records and 92 property of the commission shall at all times be and remain at such 93 office, except that inactive files shall be stored at a location designated 94 by the commission. 95 (d) The commission shall hold meetings and hearings in Hartford, 96 in space provided by the Commissioner of Administrative Services, or 97 at such places outside of Hartford as shall be determined by the 98 chairman of the commission. The commission shall meet at least once 99 in each three-month period and may meet more often at the call of its 100 chairman. The chairman of the commission shall call a meeting of the 101 commission whenever requested to do so by a majority of the 102 members of the commission. 103 (e) The commission shall vote on all matters requiring a decision 104 and votes shall be recorded in the commission's minutes. 105 Sec. 3. Section 20-312 of the general statutes is repealed and the 106 following is substituted in lieu thereof (Effective October 1, 2019): 107 Raised Bill No. 7300 LCO No. 5450 5 of 29 (a) No person shall act as a leasing agent, real estate broker or real 108 estate salesperson without a license issued by the commission or the 109 Commissioner of Consumer Protection, unless exempt under this 110 chapter. The Commissioner of Consumer Protection may enter into 111 any contract for the purpose of administratively processing the 112 renewal of licenses on behalf of the commission. 113 (b) The practice of or the offer to practice real estate brokerage 114 business in this state by individual licensed real estate brokers or real 115 estate salespersons as a corporation, limited liability company, 116 partnership or limited liability partnership, a material part of the 117 business of which includes real estate brokerage, is permitted, 118 provided (1) the personnel of such corporation, limited liability 119 company, partnership or limited liability partnership who engage in 120 the real estate brokerage business as real estate brokers or real estate 121 salespersons, and the real estate brokers whose ownership, control, 122 membership or partnership interest is credited toward the 123 requirements of subdivision (3) of this subsection, are licensed or 124 exempt from licensure under this chapter, (2) the corporation, limited 125 liability company, partnership or limited liability partnership has been 126 issued a real estate broker license by the commission as provided in 127 this section and has paid the license or renewal fee required for a real 128 estate broker's license as set forth in section 20-314, as amended by this 129 act, and (3) except for a publicly traded corporation (A) with respect to 130 a corporation other than a nonstock corporation, one or more real 131 estate brokers own or control fifty-one per cent or more of the total 132 issued shares of the corporation, (B) with respect to a nonstock 133 corporation, one or more real estate brokers constitute at least fifty-one 134 per cent of the members of the nonstock corporation, (C) with respect 135 to a limited liability company, one or more real estate brokers own or 136 control at least fifty-one per cent of the interest in the limited liability 137 company, as defined in section 34-243a, or (D) with respect to a 138 partnership or limited liability partnership, one or more real estate 139 brokers' partnership interest, as defined in section 34-301, constitutes at 140 least fifty-one per cent of the total partnership interest. No such 141 Raised Bill No. 7300 LCO No. 5450 6 of 29 corporation, limited liability company, partnership or limited liability 142 partnership shall be relieved of responsibility for the conduct or acts of 143 its agents, employees or officers by reason of its compliance with this 144 section, nor shall any individual practicing real estate brokerage be 145 relieved of responsibility for real estate services performed by reason 146 of the individual's employment or relationship with such corporation, 147 limited liability company, partnership or limited liability partnership. 148 The Real Estate Commission may refuse to authorize the issuance or 149 renewal of a license if any facts exist that would entitle the commission 150 to suspend or revoke an existing license. 151 (c) A corporation, limited liability company, partnership or limited 152 liability partnership desiring a real estate broker license shall file with 153 the commission or the commissioner an application on such forms and 154 in such manner as prescribed by the Department of Consumer 155 Protection. Each such corporation, limited liability company, 156 partnership or limited liability partnership shall file with the 157 commission a designation of at least one individual licensed or 158 qualified to be licensed as a real estate broker in this state who shall be 159 in charge of the real estate brokerage business of such corporation, 160 limited liability company, partnership or limited liability partnership 161 in this state. Such corporation, limited liability company, partnership 162 or limited liability partnership shall notify the commission of any 163 change in such designation not later than thirty days after such change 164 becomes effective. 165 (d) The Real Estate Commission may impose a fine of not more than 166 one thousand dollars on any corporation, limited liability company, 167 partnership or limited liability partnership that engages in real estate 168 business without a license required by this section. Any such 169 imposition of a fine by the commission shall be a proposed final 170 decision and submitted to the commissioner in accordance with the 171 provisions of subsection (b) of section 21a-7. 172 Sec. 4. Section 20-312a of the general statutes is repealed and the 173 following is substituted in lieu thereof (Effective October 1, 2019): 174 Raised Bill No. 7300 LCO No. 5450 7 of 29 In any action brought by a third party against a real estate 175 salesperson or leasing agent affiliated with a real estate broker as an 176 independent contractor, such broker shall be liable to the same extent 177 as if such affiliate had been employed as a real estate salesperson or 178 leasing agent by such broker. 179 Sec. 5. Section 20-312b of the general statutes is repealed and the 180 following is substituted in lieu thereof (Effective October 1, 2019): 181 A licensed leasing agent, real estate broker or real estate salesperson 182 shall not be considered an employee under the provisions of section 183 31-275 if substantially all of the remuneration for the services 184 performed by such leasing agent, broker or salesperson, whether paid 185 in cash or otherwise, is directly related to sales or other output rather 186 than to the number of hours worked, and such services are performed 187 by the leasing agent, broker or salesperson pursuant to a written 188 contract that contains the following provisions: 189 (1) The leasing agent, broker or salesperson, for purposes of 190 workers' compensation, is engaged as an independent contractor 191 associated with the person for whom services are performed; 192 (2) The leasing agent, broker or salesperson shall be paid a 193 commission based on his gross sales or leases, if any, without 194 deduction for taxes, which commission shall be directly related to 195 sales, leases or other output; 196 (3) The leasing agent, broker or salesperson shall not receive any 197 remuneration related to the number of hours worked and shall not be 198 treated as an employee with respect to such services for purposes of 199 workers' compensation; 200 (4) The leasing agent, broker or salesperson shall be permitted to 201 work any hours he or she chooses; 202 (5) The leasing agent, broker or salesperson shall be permitted to 203 work out of his or her own home or the office of the person for whom 204 Raised Bill No. 7300 LCO No. 5450 8 of 29 services are performed; 205 (6) The leasing agent, broker or salesperson shall be free to engage 206 in outside employment; 207 (7) The person for whom the services are performed may provide 208 office facilities and supplies for the use of the leasing agent, broker or 209 salesperson, but the leasing agent, broker or salesperson shall 210 otherwise pay his or her own expenses, including, but not limited to, 211 automobile, travel and entertainment expenses; and 212 (8) The contract may be terminated by [either party] the leasing 213 agent, broker or salesperson at any time upon notice given to the other. 214 Sec. 6. Section 20-314 of the general statutes is repealed and the 215 following is substituted in lieu thereof (Effective October 1, 2019): 216 (a) Licenses shall be granted under this chapter only to persons who 217 bear a good reputation for honesty, truthfulness and fair dealing and 218 who are competent to transact the business of a leasing agent, real 219 estate broker or real estate salesperson in such manner as to safeguard 220 the interests of the public. 221 (b) Each application for a license or for a renewal thereof shall be 222 made in writing, on such forms and in such manner as is prescribed by 223 the Department of Consumer Protection and accompanied by such 224 evidence in support of such application as is prescribed by the 225 commission. The commission may require such information with 226 regard to an applicant as the commission deems desirable, with due 227 regard to the paramount interests of the public, as to the honesty, 228 truthfulness, integrity and competency of the applicant and, where the 229 applicant is a corporation, association or partnership, as to the honesty, 230 truthfulness, integrity and competency of the officers of such 231 corporation or the members of such association or partnership. 232 (c) In order to determine the competency of any applicant for a 233 leasing agent's license, real estate broker's license or a real estate 234 Raised Bill No. 7300 LCO No. 5450 9 of 29 salesperson's license, the commission or Commissioner of Consumer 235 Protection shall, on payment of an application fee of one hundred 236 twenty dollars by an applicant for a leasing agent's license, real estate 237 broker's license or an application fee of eighty dollars by an applicant 238 for a leasing agent's license or real estate salesperson's license, subject 239 such applicant to personal written examination as to the applicant's 240 competency to act as a leasing agent, real estate broker or real estate 241 salesperson, as the case may be. Such examination shall be prepared by 242 the Department of Consumer Protection or by a national testing 243 service designated by the Commissioner of Consumer Protection and 244 shall be administered to applicants by the Department of Consumer 245 Protection or by such testing service at such times and places as the 246 commissioner may deem necessary. The commission or Commissioner 247 of Consumer Protection may waive the uniform portion of the written 248 examination requirement in the case of an applicant who has taken the 249 national testing service examination in another state within two years 250 from the date of application and has received a score deemed 251 satisfactory by the commission or Commissioner of Consumer 252 Protection. The Commissioner of Consumer Protection shall adopt 253 regulations, in accordance with chapter 54, establishing passing scores 254 for examinations. In addition to such application fee, applicants taking 255 the examination administered by a national testing service shall be 256 required to pay directly to such testing service an examination fee 257 covering the cost of such examination. Each payment of such 258 application fee shall entitle the applicant to take such examination 259 within the one-year period from the date of payment. 260 (d) (1) Each applicant applying for a real estate broker's license on or 261 after July 1, 2016, shall, before being admitted to such examination, 262 prove to the satisfaction of the commission or the Commissioner of 263 Consumer Protection that the applicant (A) (i) has been actively 264 engaged for at least two years as a licensed real estate salesperson 265 under the supervision of a licensed real estate broker in this state, (ii) 266 has successfully completed a course approved by the commission or 267 commissioner in real estate principles and practices of at least sixty 268 Raised Bill No. 7300 LCO No. 5450 10 of 29 classroom hours of study, (iii) has successfully completed a course 269 approved by the commission or commissioner in real estate legal 270 compliance consisting of at least fifteen classroom hours of study, (iv) 271 has successfully completed a course approved by the commission or 272 commissioner in real estate brokerage principles and practices 273 consisting of at least fifteen classroom hours, and (v) has successfully 274 completed two elective courses, each consisting of fifteen classroom 275 hours of study, as prescribed by the commission or commissioner, or 276 (B) has equivalent experience or education as determined by the 277 commission or commissioner. 278 (2) The commission or the Commissioner of Consumer Protection 279 shall waive the elective courses under subparagraph (A)(v) of 280 subdivision (1) of this subsection if the applicant has successfully 281 completed at least twenty real estate transactions within five years 282 immediately preceding the date of application. As used in this 283 subdivision, "real estate transaction" means any transaction in which 284 real property is legally transferred to another party or in which a lease 285 agreement is executed between a landlord and a tenant. 286 (3) Each applicant for a real estate salesperson's license shall, before 287 being admitted to such examination, prove to the satisfaction of the 288 commission or the Commissioner of Consumer Protection that the 289 applicant (A) has successfully completed a course approved by the 290 commission or commissioner in real estate principles and practices 291 consisting of at least sixty classroom hours of study, or (B) has 292 equivalent experience or education as determined by the commission 293 or commissioner. 294 (4) Each applicant for a leasing agent license shall, before being 295 admitted to such examination, prove to the satisfaction of the 296 commission or the Commissioner of Consumer Protection that the 297 applicant (A) has successfully completed a course approved by the 298 commission or commissioner in real estate principles and practices 299 consisting of at least thirty classroom hours of study, or (B) has 300 equivalent experience or education as determined by the commission 301 Raised Bill No. 7300 LCO No. 5450 11 of 29 or commissioner. 302 (e) The provisions of subsections (c) and (d) of this section shall not 303 apply to any renewal of a real estate broker's license, or a real estate 304 salesperson's license issued prior to October 1, 1973. 305 (f) All licenses issued under the provisions of this chapter shall 306 expire annually. At the time of application for a real estate broker's 307 license, there shall be paid to the commission, for each individual 308 applicant and for each proposed active member or officer of a firm, 309 partnership, association or corporation, the sum of five hundred sixty-310 five dollars, and for the annual renewal thereof, the sum of three 311 hundred seventy-five dollars and for a real estate salesperson's license 312 two hundred eighty-five dollars and for the annual renewal thereof the 313 sum of two hundred eighty-five dollars. Three dollars of each such 314 annual renewal fee shall be payable to the Real Estate Guaranty Fund 315 established pursuant to section 20-324a, as amended by this act. If a 316 license is not issued, the fee shall be returned. A real estate broker's 317 license issued to any partnership, association or corporation shall 318 entitle the individual designated in the application, as provided in 319 section 20-312, as amended by this act, upon compliance with the 320 terms of this chapter, but without the payment of any further fee, to 321 perform all of the acts of a real estate broker under this chapter on 322 behalf of such partnership, association or corporation. Any license 323 which expires and is not renewed pursuant to this subsection may be 324 reinstated by the commission, if, not later than two years after the date 325 of expiration, the former licensee pays to the commission for each real 326 estate broker's license the sum of three hundred seventy-five dollars 327 and for each real estate salesperson's license the sum of two hundred 328 eighty-five dollars for each year or fraction thereof from the date of 329 expiration of the previous license to the date of payment for 330 reinstatement, except that any licensee whose license expired after 331 such licensee entered military service shall be reinstated without 332 payment of any fee if an application for reinstatement is filed with the 333 commission within two years after the date of expiration. Any such 334 reinstated license shall expire on the next succeeding March thirty-first 335 Raised Bill No. 7300 LCO No. 5450 12 of 29 for real estate brokers or the next succeeding May thirty-first for real 336 estate salespersons. 337 (g) Any person whose application has been filed as provided in this 338 section and who is refused a license shall be given notice and afforded 339 an opportunity for hearing as provided in the regulations adopted by 340 the Commissioner of Consumer Protection. 341 (h) Leasing agents may engage only in residential leasing activities 342 for which a license is required under this chapter. Nothing in this 343 section shall be construed to require a licensed broker or salesperson to 344 obtain a leasing agent license in order to perform leasing activities. 345 Licensed leasing agents may not engage in any activity that would 346 otherwise require a broker or salesperson's license, including, but not 347 limited to, selling, offering for sale, negotiating for sale, listing or 348 showing for sale, entering into lease-to-own agreements, or referring 349 for sale or lease of commercial real estate. Licensed leasing agents shall 350 be (1) employed by or affiliated with a sponsoring broker, or (2) 351 employed by the real property owner of record of the property being 352 offered for lease. If employed by or contracting with a real property 353 owner to provide leasing services for such owner, the leasing agent 354 shall obtain a written contract with such property owner to 355 demonstrate the employment or contract relationship prior to 356 engaging in leasing activity at the property. 357 Sec. 7. Section 20-316 of the general statutes is repealed and the 358 following is substituted in lieu thereof (Effective October 1, 2019): 359 (a) The commission or Commissioner of Consumer Protection shall 360 not deny a license under this chapter to any applicant who has been 361 convicted of forgery, embezzlement, obtaining money under false 362 pretenses, extortion, criminal conspiracy to defraud or other like 363 offense or offenses, or to any association or partnership of which such 364 person is a member, or to any corporation of which such person is an 365 officer or in which as a stockholder such person has or exercises a 366 controlling interest either directly or indirectly, except in accordance 367 Raised Bill No. 7300 LCO No. 5450 13 of 29 with the provisions of section 46a-80. 368 (b) No license under this chapter shall be issued by the Department 369 of Consumer Protection to any applicant (1) whose application for a 370 license as a real estate broker, leasing agent or real estate salesperson 371 has, within one year prior to the date of his or her application under 372 this chapter, been rejected in this state, in any other state or in the 373 District of Columbia or (2) whose license as a real estate broker, leasing 374 agent or real estate salesperson has, within one year prior to the date of 375 his or her application under this chapter, been revoked in this state, in 376 any other state or in the District of Columbia. 377 (c) No license as a real estate broker, leasing agent or real estate 378 salesperson shall be issued under this chapter to any person who has 379 not attained the age of eighteen years. 380 (d) The provisions of this section shall apply to any applicant for a 381 license under this chapter, whether or not such applicant was engaged 382 in the real estate business in this state on July 1, 1953, and whenever 383 the applicant's application is filed. 384 Sec. 8. Section 20-317 of the general statutes is repealed and the 385 following is substituted in lieu thereof (Effective October 1, 2019): 386 (a) A person licensed in another state as a real estate broker or 387 salesperson may become a leasing agent, real estate broker or real 388 estate salesperson in this state by conforming to all of the provisions of 389 this chapter. The commission or Commissioner of Consumer 390 Protection shall recognize a current, valid license issued to a currently 391 practicing, competent real estate broker or real estate salesperson by 392 another state as satisfactorily qualifying the broker or salesperson for a 393 license as a leasing agent, real estate broker or real estate salesperson 394 under this chapter, provided (1) the laws of the state in which the 395 broker or salesperson is licensed require that applicants for licenses as 396 real estate brokers and real estate salespersons establish their 397 competency by written examinations and allow licenses to be issued to 398 residents of the state of Connecticut, licensed under this chapter, 399 Raised Bill No. 7300 LCO No. 5450 14 of 29 without examination, (2) the licensure requirements of such state are 400 substantially similar to or higher than those of this state, and (3) the 401 broker or salesperson has no disciplinary proceeding or unresolved 402 complaint pending against the broker or salesperson. If the applicant is 403 licensed in a state that does not have such requirements, such 404 applicant shall be required to pass the Connecticut portion of the real 405 estate examination. 406 (b) Every applicant licensed in another state shall file an irrevocable 407 consent that suits and actions may be commenced against such 408 applicant in the proper court in any judicial district of the state in 409 which a cause of action may arise or in which the plaintiff may reside, 410 by the service of any process or pleading, authorized by the laws of 411 this state, on the chairperson of the commission, such consent 412 stipulating and agreeing that such service of such process or pleading 413 shall be taken and held in all courts to be as valid and binding as if 414 service had been made upon such applicant in the state of Connecticut. 415 If any process or pleadings under this chapter are served upon the 416 chairperson, it shall be by duplicate copies, one of which shall be filed 417 in the office of the commission, and the other immediately forwarded 418 by registered or certified mail, to the applicant against whom such 419 process or pleadings are directed, at the last-known address of such 420 applicant as shown by the records of the commission. No default in 421 any such proceedings or action shall be taken unless it appears by 422 affidavit of the chairperson of the commission that a copy of the 423 process or pleading was mailed to the defendant as required by this 424 subsection, and no judgment by default shall be taken in any such 425 action or proceeding within twenty days after the date of mailing of 426 such process or pleading to the out-of-state defendant. 427 Sec. 9. Section 20-319 of the general statutes is repealed and the 428 following is substituted in lieu thereof (Effective October 1, 2019): 429 (a) The commission shall authorize the Department of Consumer 430 Protection to issue an annual renewal license to any applicant who 431 possesses the qualifications specified in and otherwise has complied 432 Raised Bill No. 7300 LCO No. 5450 15 of 29 with the provisions of this chapter and any regulation adopted under 433 this chapter. The commission shall authorize said department to issue 434 an annual renewal of a real estate broker's license to any entity licensed 435 pursuant to subsection (b) of section 20-312, as amended by this act, 436 provided such entity: (1) Was so licensed as of September 30, 2005, 437 notwithstanding the fact such entity does not meet the requirements 438 for publicly traded corporations required by subdivision (3) of 439 subsection (b) of section 20-312, as amended by this act, or (2) changes 440 its designated real estate broker pursuant to subsection (c) of section 441 20-312, as amended by this act. 442 (b) There is hereby established an annual renewal license to be 443 issued by the Department of Consumer Protection. Persons licensed in 444 accordance with the provisions of this chapter shall fulfill a continuing 445 education requirement. Applicants for an annual renewal license for 446 real estate brokers, leasing agents or real estate salespersons shall, in 447 addition to the other requirements imposed by the provisions of this 448 chapter, in any even-numbered year, submit proof of compliance with 449 the continuing education requirements of this subsection to the 450 commission, accompanied by an eight-dollar processing fee. The 451 continuing education requirement may be satisfied by successful 452 completion of any of the following during the two-year period 453 preceding such renewal: (1) A course or courses, approved by the 454 commission, of continuing education in current real estate practices 455 and licensing laws [, including, but not limited to, practices and laws 456 concerning common interest communities,] consisting of not less than 457 twelve hours of classroom study, which course curriculum shall be 458 prescribed in regulations adopted pursuant to subsection (d) of this 459 section; or (2) a written examination prepared and administered by 460 either the Department of Consumer Protection, or by a national testing 461 service approved by the department, which demonstrates a knowledge 462 of current real estate practices and licensing laws; or (3) equivalent 463 continuing educational experience or study as determined by 464 regulations adopted pursuant to subsection (d) of this section. An 465 applicant for examination under subdivision (2) of this subsection shall 466 Raised Bill No. 7300 LCO No. 5450 16 of 29 pay the required examination fee to the national testing service, if 467 administered by such testing service, or to the Department of 468 Consumer Protection, if administered by the department. 469 (c) If the commission refuses to grant an annual renewal license, the 470 licensee or applicant, upon written notice received as provided for in 471 this chapter, may have recourse to any of the remedies provided by 472 sections 20-314, as amended by this act, and 20-322. 473 (d) The Commissioner of Consumer Protection, in consultation with 474 the commission, shall adopt regulations, in accordance with chapter 475 54, concerning the approval of schools, institutions or organizations 476 offering courses in current real estate practices and licensing laws, 477 including, but not limited to, practices and laws concerning common 478 interest communities, and the content of such courses. Such 479 regulations shall include, but not be limited to: (1) Specifications for 480 meeting equivalent continuing educational experience or study; (2) 481 exceptions from continuous education requirements for reasons of 482 health or instances of individual hardship. No school, institution or 483 organization that offers a course in current real estate practices and 484 licensing laws may be disapproved solely because its courses are 485 offered or taught by electronic means, and no course may be 486 disapproved solely because it is offered or taught by electronic means. 487 Sec. 10. Section 20-319a of the general statutes is repealed and the 488 following is substituted in lieu thereof (Effective October 1, 2019): 489 (a) Any licensed real estate salesperson or leasing agent who 490 transfers his or her employment from one broker or property owner to 491 another or his or her affiliation with a broker or property owner as an 492 independent contractor shall register such transfer with, and pay a 493 registration fee of twenty-five dollars to, the commission. 494 (b) A fee of twenty-five dollars shall be paid to the commission for 495 the issuance of a license certification. 496 Sec. 11. Section 20-320 of the general statutes is repealed and the 497 Raised Bill No. 7300 LCO No. 5450 17 of 29 following is substituted in lieu thereof (Effective October 1, 2019): 498 The Department of Consumer Protection may, upon the request of 499 the commission or upon the verified complaint in writing of any 500 person, if such complaint, or such complaint together with evidence, 501 documentary or otherwise, presented in connection with such 502 complaint, shall make out a prima facie case, investigate the actions of 503 any leasing agent, real estate broker or real estate salesperson or any 504 person who assumes to act in any of such capacities within this state. 505 The commission may temporarily suspend or permanently revoke any 506 license issued under the provisions of this chapter and, in addition to 507 or in lieu of such suspension or revocation, may, in its discretion, 508 impose a fine of not more than two thousand dollars per violation at 509 any time when, after proceedings as provided in section 20-321, the 510 commission finds that the licensee has by false or fraudulent 511 misrepresentation obtained a license or that the licensee is guilty of 512 any of the following: (1) Making any material misrepresentation; (2) 513 making any false promise of a character likely to influence, persuade 514 or induce; (3) acting as an agent for more than one party in a 515 transaction without the knowledge of all parties for whom the licensee 516 acts; (4) representing or attempting to represent a real estate broker 517 other than the licensee's employer or the broker with whom the 518 licensee is affiliated, without the express knowledge and consent of the 519 licensee's employer or affiliated broker; (5) failing, within a reasonable 520 time, to account for or remit any moneys coming into the licensee's 521 possession which belong to others; (6) entering into an exclusive listing 522 contract or buyer agency contract which contains a fixed termination 523 date if such contract also provides for an automatic continuation of the 524 period of such contract beyond such date; (7) failing to deliver 525 immediately a copy of any instrument to any party or parties 526 executing the instrument, where such instrument has been prepared 527 by the licensee or under the licensee's supervision and where such 528 instrument relates to the employment of the licensee or to any matters 529 pertaining to the consummation of a lease, or the purchase, sale or 530 exchange of real property or any other type of real estate transaction in 531 Raised Bill No. 7300 LCO No. 5450 18 of 29 which the licensee may participate as a broker, leasing agent or a 532 salesperson; (8) conviction in a court of competent jurisdiction of 533 forgery, embezzlement, obtaining money under false pretenses, 534 larceny, extortion, conspiracy to defraud, or other like offense or 535 offenses, provided suspension or revocation under this subdivision 536 shall be subject to the provisions of section 46a-80; (9) collecting 537 compensation in advance of services to be performed and failing, upon 538 demand of the person paying the compensation or the commission, to 539 render an accounting of the use of such money; (10) commingling 540 funds of others with the licensee's own, or failing to keep funds of 541 others in an escrow or trustee account; (11) any act or conduct which 542 constitutes dishonest, fraudulent or improper dealings; (12) failing to 543 provide the disclosures required by section 20-325c; (13) a violation of 544 any provision of this chapter or any regulation adopted under this 545 chapter. Any such suspension or revocation of a license or imposition 546 of a fine by the commission shall be a proposed final decision and 547 submitted to the commissioner in accordance with the provisions of 548 subsection (b) of section 21a-7. Any fine collected pursuant to this 549 section shall be deposited in the Real Estate Guaranty Fund established 550 pursuant to section 20-324a, as amended by this act. 551 Sec. 12. Section 20-320a of the general statutes is repealed and the 552 following is substituted in lieu thereof (Effective October 1, 2019): 553 (a) No real estate broker, leasing agent or real estate salesperson, no 554 person affiliated with such broker or salesperson, and no person 555 engaging in the real estate business may receive a fee, commission or 556 other form of referral fee for the referral of any buyer of real property 557 to (1) an attorney-at-law admitted to practice in this state or any person 558 affiliated with such attorney or (2) any mortgage broker, any lender, as 559 defined in subdivision (5) of section 49-31d, or any person affiliated 560 with such mortgage broker or lender. 561 (b) The Department of Consumer Protection may, upon the request 562 of the commission or upon the verified complaint in writing of any 563 person, if such complaint, or such complaint together with evidence, 564 Raised Bill No. 7300 LCO No. 5450 19 of 29 documentary or otherwise, presented in connection with such 565 complaint, shall make out a prima facie case, investigate the actions of 566 any real estate broker or real estate salesperson or any person who 567 assumes to act in any of such capacities within this state. The 568 commission may temporarily suspend or permanently revoke any 569 license issued under the provisions of this chapter, and, in addition to 570 or in lieu of such suspension or revocation, may, in its discretion, 571 impose a fine of not more than one thousand dollars for the first 572 offense at any time when, after proceedings as provided in section 20-573 321, the commission finds that the licensee is guilty of violating any of 574 the provisions of subsection (a) of this section. Any such suspension or 575 revocation of a license or imposition of a fine by the commission shall 576 be a proposed final decision and submitted to the commissioner in 577 accordance with the provisions of subsection (b) of section 21a-7. 578 Sec. 13. Section 20-320b of the general statutes is repealed and the 579 following is substituted in lieu thereof (Effective October 1, 2019): 580 (a) A real estate broker, leasing agent or real estate salesperson 581 licensed under this chapter shall not influence residential real estate 582 appraisals. For the purposes of this section, "influence residential real 583 estate appraisals" includes, but is not limited to, refusal or intentional 584 failure to refer a homebuyer, or encouraging other real estate brokers, 585 leasing agents or real estate salespersons not to refer a homebuyer, to a 586 mortgage broker, as defined in section 36a-760, or a lender, as defined 587 in section 36a-760, based solely on the fact that the mortgage broker or 588 lender uses an appraiser who has provided an appraisal reflecting a 589 fair market value estimate that was less than the sale contract price. 590 (b) Violations of subsection (a) of this section shall be subject to the 591 actions and penalties set forth in section 20-320, as amended by this 592 act. 593 Sec. 14. Section 20-323 of the general statutes is repealed and the 594 following is substituted in lieu thereof (Effective October 1, 2019): 595 Any licensee under this chapter who is convicted of a violation of 596 Raised Bill No. 7300 LCO No. 5450 20 of 29 any of the offenses enumerated in subdivision (8) of section 20-320, 597 [shall] as amended by this act, may incur a forfeiture of his license and 598 all moneys that may have been paid for such license. The clerk of any 599 court in which such conviction has been rendered shall forward to the 600 commission without charge a certified copy of such conviction. The 601 [commission, upon the receipt of a copy of the judgment of conviction, 602 shall, not later than ten days after such receipt, notify the licensee, in 603 writing, of the revocation of his license. Such notice shall be conclusive 604 of the revocation of such license] commissioner may revoke such 605 licensee's license after proceedings as provided in section 20-321. 606 Application for reinstatement of such license shall be subject to the 607 provisions of section 46a-80. 608 Sec. 15. Section 20-324a of the general statutes is repealed and the 609 following is substituted in lieu thereof (Effective October 1, 2019): 610 The commission shall establish and maintain a Real Estate Guaranty 611 Fund from which, subject to the provisions of sections 20-324a to 20-612 324j, inclusive, any person aggrieved by any action of a leasing agent, 613 real estate broker or real estate salesperson, duly licensed in this state 614 under section 20-312, as amended by this act, by reason of the 615 embezzlement of money or property, or money or property unlawfully 616 obtained from any person by false pretenses, artifice or forgery or by 617 reason of any fraud, misrepresentation or deceit by or on the part of 618 any such leasing agent, real estate broker or real estate salesperson or 619 the unlicensed employee of any such real estate broker, may recover, 620 upon approval by the commission of an application brought pursuant 621 to the provisions of section 20-324e, as amended by this act, 622 compensation in an amount not exceeding in the aggregate the sum of 623 twenty-five thousand dollars in connection with any one real estate 624 transaction or claim, regardless of the number of persons aggrieved or 625 parcels of real estate involved in such real estate transaction or claim. 626 Sec. 16. Section 20-324b of the general statutes is repealed and the 627 following is substituted in lieu thereof (Effective October 1, 2019): 628 Raised Bill No. 7300 LCO No. 5450 21 of 29 Any person who receives a leasing agent, real estate broker's or real 629 estate salesperson's license under this chapter for the first time shall 630 pay an additional one-time fee of twenty dollars in addition to all other 631 fees payable, which additional fee shall be credited to the Real Estate 632 Guaranty Fund. The Real Estate Guaranty Fund shall also be credited 633 as provided in sections 20-314, as amended by this act, and 20-320, as 634 amended by this act. 635 Sec. 17. Section 20-324e of the general statutes is repealed and the 636 following is substituted in lieu thereof (Effective October 1, 2019): 637 (a) When any aggrieved person commences any action for a 638 judgment which may result in collection from the Real Estate Guaranty 639 Fund, the aggrieved person shall notify the commission in writing to 640 this effect at the time of the commencement of such action. Such 641 written notice shall toll the time for making application to the 642 commission pursuant to section 20-324d. The commission shall have 643 the right to enter an appearance, intervene in or defend any such 644 action and may waive the required written notice for good cause 645 shown. 646 (b) When any aggrieved person recovers a valid judgment in the 647 Superior Court against any real estate broker, leasing agent or real 648 estate salesperson or the unlicensed employee of any such real estate 649 broker for loss or damages sustained by reason of the embezzlement of 650 money or property, or money or property unlawfully obtained from 651 any person by false pretenses, artifice or forgery or by reason of any 652 fraud, misrepresentation or deceit by or on the part of such real estate 653 broker, leasing agent or salesperson or the unlicensed employee of any 654 such real estate broker, such aggrieved person may upon the final 655 determination of, or expiration of time for appeal in connection with, 656 any judgment, apply to the commission for an order directing payment 657 out of the Real Estate Guaranty Fund of the amount unpaid upon the 658 judgment, subject to the limitations stated in section 20-324, as 659 amended by this act, and the limitations specified in this section. 660 Raised Bill No. 7300 LCO No. 5450 22 of 29 (c) The commission shall proceed upon such application in a 661 summary manner, and, upon the hearing thereof, the aggrieved person 662 shall be required to show: (1) He or she is not a spouse of the debtor or 663 the personal representative of such spouse; (2) he or she has complied 664 with all the requirements of this section; (3) he or she has obtained a 665 judgment as provided in subsection (b) of this section, stating the 666 amount thereof and the amount owing thereon at the date of the 667 application; (4) he or she has caused to be issued a writ of execution 668 upon the judgment and the officer executing the same has made a 669 return showing that no personal or real property of the judgment 670 debtor liable to be levied upon in satisfaction of the judgment could be 671 found, or that the amount realized on the sale of them or of such of 672 them as were found, under the execution, was insufficient to satisfy the 673 judgment, stating the amount so realized and the balance remaining 674 due on the judgment after application thereon of the amount realized; 675 (5) he or she has made all reasonable searches and inquiries to 676 ascertain whether the judgment debtor possesses real or personal 677 property or other assets, liable to be sold or applied in satisfaction of 678 the judgment; (6) that by such search he or she has discovered no 679 personal or real property or other assets liable to be sold or applied, or 680 that he has discovered certain of them, describing them, owned by the 681 judgment debtor and liable to be so applied, and that he or she has 682 taken all necessary action and proceedings for the realization thereof, 683 and that the amount thereby realized was insufficient to satisfy the 684 judgment, stating the amount so realized and the balance remaining 685 due on the judgment after application of the amount realized. 686 (d) Whenever the aggrieved person satisfies the commission that it 687 is not practicable to comply with one or more of the requirements 688 enumerated in subdivisions (4), (5) and (6) of subsection (c) of this 689 section and that the aggrieved person has taken all reasonable steps to 690 collect the amount of the judgment or the unsatisfied part thereof and 691 has been unable to collect the same, the commission may in its 692 discretion waive such requirements. 693 (e) The commission shall order payment from the Real Estate 694 Raised Bill No. 7300 LCO No. 5450 23 of 29 Guaranty Fund of any sum it shall find to be payable upon the claim, 695 pursuant to the provisions of and in accordance with the limitations 696 contained in this section and section 20-324a, as amended by this act, if 697 the commission is satisfied, upon the hearing, of the truth of all matters 698 required to be shown by the aggrieved person by subsection (c) of this 699 section and that the aggrieved person has fully pursued and exhausted 700 all remedies available to him or her for recovering the amount 701 awarded by the judgment of the court. 702 (f) If the commission pays from the Real Estate Guaranty Fund any 703 amount in settlement of a claim or toward satisfaction of a judgment 704 against a licensed real estate broker, leasing agent or real estate 705 salesperson pursuant to an order under subsection (e) of this section, 706 such broker, leasing agent or salesperson shall not be eligible to receive 707 a new license until he or she has repaid in full, plus interest at a rate to 708 be determined by the commission and which shall reflect current 709 market rates, the amount paid from the fund on his or her account. A 710 discharge in bankruptcy shall not relieve a person from the penalties 711 and disabilities provided in this subsection. 712 (g) If, at any time, the money deposited in the Real Estate Guaranty 713 Fund is insufficient to satisfy any duly authorized claim or portion 714 thereof, the commission shall, when sufficient money has been 715 deposited in the fund, satisfy such unpaid claims or portions thereof, 716 in the order that such claims or portions thereof were originally filed, 717 plus accumulated interest at the rate of four per cent a year. 718 Sec. 18. Section 20-325 of the general statutes is repealed and the 719 following is substituted in lieu thereof (Effective October 1, 2019): 720 Any person who engages in the business of a leasing agent, real 721 estate broker or real estate salesperson without obtaining a license as 722 provided in this chapter shall be fined not more than one thousand 723 dollars or imprisoned not more than six months or both, and shall be 724 ineligible to obtain a license for one year from the date of conviction of 725 such offense, except that the commission or Commissioner of 726 Raised Bill No. 7300 LCO No. 5450 24 of 29 Consumer Protection may grant a license to such person within such 727 one-year period upon application and after a hearing on such 728 application. 729 Sec. 19. Section 20-325b of the general statutes is repealed and the 730 following is substituted in lieu thereof (Effective October 1, 2019): 731 (a) Each written agreement which fixes the compensation to be paid 732 to a real estate broker for the sale, lease or purchase of real property 733 shall contain the following statement in not less than ten point 734 boldface type or in a manner which otherwise stands out significantly 735 from the text immediately preceding any provision of such agreement 736 relating to compensation of the broker: 737 "NOTICE: THE AMOUNT OR RATE OF REAL ESTATE BROKER 738 COMPENSATION IS NOT FIXED BY LAW. IT IS SET BY EACH 739 BROKER INDIVIDUALLY AND MAY BE NEGOTIABLE BETWEEN 740 YOU AND THE BROKER." 741 (b) Each written agreement which fixes the compensation to be paid 742 to a leasing agent for the lease of real property shall contain the 743 following statement in not less than ten point boldface type or in a 744 manner which otherwise stands out significantly from the text 745 immediately preceding any provision of such agreement relating to 746 compensation of the leasing agent: 747 "NOTICE: THE AMOUNT OR RATE OF LEASING AGENT 748 COMPENSATION IS NOT FIXED BY LAW. IT IS SET BY EACH 749 LEASING AGENT INDIVIDUALLY AND MAY BE NEGOTIABLE 750 BETWEEN YOU AND THE LEASING AGENT. " 751 Sec. 20. Section 20-325d of the general statutes is repealed and the 752 following is substituted in lieu thereof (Effective October 1, 2019): 753 On and after January 1, 2018, a real estate broker, leasing agent or 754 real estate salesperson licensed under this chapter who represents a 755 seller, lessor, prospective purchaser or lessee in a real estate transaction 756 Raised Bill No. 7300 LCO No. 5450 25 of 29 shall disclose, in writing, the identity of his or her client to any party to 757 the transaction who is not represented by another real estate broker, 758 leasing agent or real estate salesperson licensed under this chapter. The 759 real estate broker, leasing agent or real estate salesperson shall make 760 the disclosure required under this section: (1) If the transaction 761 concerns residential real property, as defined in section 20-325c, (A) at 762 the beginning of the first personal meeting concerning the prospective 763 purchaser's or lessee's specific needs in the transaction, or (B) at the 764 beginning of the first personal meeting with the seller or lessor 765 concerning the seller's or lessor's real property; or (2) if the transaction 766 is a commercial real estate transaction, as defined in section 20-311, as 767 amended by this act, before the prospective purchaser or lessee signs 768 the purchase contract or lease. Such disclosure shall be signed by a 769 prospective purchaser or lessee and attached to any offer or agreement 770 to purchase or lease signed by a prospective purchaser or lessee. The 771 Commissioner of Consumer Protection shall adopt such regulations, in 772 accordance with chapter 54, as the commissioner deems necessary to 773 carry out the provisions of this section. 774 Sec. 21. Section 20-325h of the general statutes is repealed and the 775 following is substituted in lieu thereof (Effective October 1, 2019): 776 (a) No real estate licensee shall: (1) Reveal confidential information 777 concerning a person whom the real estate licensee represented either 778 as an agent, designated buyer agent or a designated seller agent; (2) 779 use confidential information concerning that person to the person's 780 disadvantage; or (3) use confidential information concerning that 781 person for the real estate broker's, leasing agent's or real estate 782 salesperson's advantage or the advantage of a third party, except as 783 required by legal process, as necessary to defend the real estate broker, 784 leasing agent or real estate salesperson from allegations of wrongful or 785 negligent conduct, or as necessary to prevent the commission of a 786 crime. 787 (b) As used in this section, "confidential information" means facts 788 concerning a person's assets, liabilities, income, expenses, motivations 789 Raised Bill No. 7300 LCO No. 5450 26 of 29 to purchase, rent or sell real property and previous offers received or 790 made to purchase or lease real property which are not authorized by 791 the client, a matter of general knowledge, part of a public record or file 792 to which access is authorized pursuant to section 1-210 or otherwise 793 subject to disclosure under any other provision of the general statutes 794 or any regulation of Connecticut state agencies. 795 Sec. 22. Section 20-325m of the general statutes is repealed and the 796 following is substituted in lieu thereof (Effective October 1, 2019): 797 Any real estate broker licensed under the provisions of this chapter 798 who engages in the real estate business, as defined in section 20-311, as 799 amended by this act, shall retain the following records for a period of 800 not less than seven years after any real estate transaction closes, all 801 funds held in escrow for such transaction are disbursed or the listing 802 agreement or buyer or tenant representation agreement expires, 803 whichever occurs later: (1) All purchase contracts, leases, options, 804 written offers or counteroffers drafted by such broker or on behalf of 805 such broker; (2) the listing agreement or buyer or tenant representation 806 agreement, any extensions of or amendments to such agreements and 807 any disclosures or agreements required pursuant to sections 20-325a to 808 20-325l, inclusive; and (3) all canceled checks, unused checks, 809 checkbooks and bank statements for any escrow or trust account 810 maintained pursuant to section 20-324k. Such records may be retained 811 in any format, electronic or otherwise, capable of producing an 812 accurate copy in paper format of the original document. Leasing 813 agents shall retain copies of any property owner representation or 814 employment agreements and all tenant representation agreements for 815 a period of seven years. 816 Sec. 23. Section 20-328 of the general statutes is repealed and the 817 following is substituted in lieu thereof (Effective October 1, 2019): 818 The Commissioner of Consumer Protection, with advice and 819 assistance from the commission, may adopt regulations, in accordance 820 with chapter 54, relating to the form and manner of filing applications 821 Raised Bill No. 7300 LCO No. 5450 27 of 29 for licenses under this chapter and the manner in which licensed real 822 estate brokers and licensed leasing agents, real estate salespersons 823 shall conduct the real estate business. 824 Sec. 24. Section 20-329 of the general statutes is repealed and the 825 following is substituted in lieu thereof (Effective October 1, 2019): 826 The provisions of this chapter concerning the licensure of real estate 827 brokers, leasing agents and real estate salespersons shall not apply to: 828 (1) Any person who as owner or lessor performs any of the acts 829 enumerated in section 20-311, as amended by this act, with reference to 830 property owned, leased or sought to be acquired or leased by the 831 person, or to the person's regular employees who are employed as on-832 site residential superintendents or custodians, with respect to the 833 property so owned or leased or sought to be acquired or leased when 834 such acts are performed in the regular course of, or incident to, the 835 management of such property and the investment therein; (2) any 836 person acting as attorney-in-fact under a duly executed power of 837 attorney from the owner authorizing the final consummation by 838 performance of any contract for the sale, leasing or exchange of real 839 estate, or to service rendered by any attorney-at-law in the 840 performance of the attorney-at-law's duties as such attorney-at-law; (3) 841 a receiver, trustee in bankruptcy, administrator, executor or other 842 fiduciary, while acting as such, or any person selling real estate under 843 order of any court, or to a trustee acting under a trust agreement, deed 844 of trust or will, or the regular salaried employees thereof; (4) witnesses 845 in court as to the values of real estate; (5) persons in the employ of the 846 federal or state government or any political subdivision thereof while 847 acting in the course of such employment; (6) any employee of any 848 nonprofit housing corporation that (A) has been certified as a tax-849 exempt organization under Section 501(c)(3) of the Internal Revenue 850 Code of 1986, or any subsequent corresponding internal revenue code 851 of the United States, as from time to time amended, and manages a 852 housing project, or (B) manages a housing project assisted in whole or 853 in part by the federal government pursuant to Section 8 of The United 854 States Housing Act of 1937, as amended from time to time, while such 855 Raised Bill No. 7300 LCO No. 5450 28 of 29 employee is performing duties in the regular course of, or incidental 856 to, the management of such housing project; (7) any person licensed to 857 maintain or operate a mobile manufactured home park under chapter 858 412 who performs any of the acts enumerated in section 20-311, as 859 amended by this act, with reference to lots or mobile manufactured 860 homes within the park or to the person's employees with respect to lots 861 or mobile manufactured homes within such park when such acts are 862 performed in the regular course of, or incidental to, the management of 863 such property and the investment therein; (8) persons licensed as 864 sellers of mobile manufactured homes under section 21-67; or (9) any 865 person or such person's regular employee who, as owner, lessor, 866 licensor, manager, representative or agent manages, leases, or licenses 867 space on or in a tower, building or other structure for (A) "personal 868 wireless services facilities" or facilities for "private mobile service" as 869 those terms are defined in 47 USC 332, which facilities shall be 870 unattended, and the installation and maintenance of related devices 871 authorized by the Federal Communications Commission, and ancillary 872 equipment used to operate such devices and equipment shelters 873 therefor, in an area not to exceed three hundred sixty square feet for 874 any one service established by the Federal Communications 875 Commission in 47 CFR, as amended from time to time, by a provider 876 of any such service, and (B) any right appropriate to access such 877 facilities and connect or use utilities in connection with such facilities. 878 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2019 20-311 Sec. 2 October 1, 2019 20-311b Sec. 3 October 1, 2019 20-312 Sec. 4 October 1, 2019 20-312a Sec. 5 October 1, 2019 20-312b Sec. 6 October 1, 2019 20-314 Sec. 7 October 1, 2019 20-316 Sec. 8 October 1, 2019 20-317 Sec. 9 October 1, 2019 20-319 Sec. 10 October 1, 2019 20-319a Raised Bill No. 7300 LCO No. 5450 29 of 29 Sec. 11 October 1, 2019 20-320 Sec. 12 October 1, 2019 20-320a Sec. 13 October 1, 2019 20-320b Sec. 14 October 1, 2019 20-323 Sec. 15 October 1, 2019 20-324a Sec. 16 October 1, 2019 20-324b Sec. 17 October 1, 2019 20-324e Sec. 18 October 1, 2019 20-325 Sec. 19 October 1, 2019 20-325b Sec. 20 October 1, 2019 20-325d Sec. 21 October 1, 2019 20-325h Sec. 22 October 1, 2019 20-325m Sec. 23 October 1, 2019 20-328 Sec. 24 October 1, 2019 20-329 Statement of Purpose: To create a new license for leasing agents. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]