Maryland 2023 2023 Regular Session

Maryland House Bill HB144 Introduced / Bill

Filed 01/13/2023

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0144*  
  
HOUSE BILL 144 
C3   	3lr1229 
      
By: Delegate Qi 
Introduced and read first time: January 13, 2023 
Assigned to: Economic Matters 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Real Estate Brokers – Inactive Licenses – Requirements After Expiration  2 
 
FOR the purpose of requiring a person who fails to reactivate a real estate broker license 3 
on inactive status within a certain period of time to comply with certain 4 
requirements in order to obtain a license; and generally relating to real estate broker 5 
licensing.  6 
 
BY repealing and reenacting, with amendments, 7 
 Article – Business Occupations and Professions 8 
Section 17–316 9 
 Annotated Code of Maryland 10 
 (2018 Replacement Volume and 2022 Supplement) 11 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 
That the Laws of Maryland read as follows: 13 
 
Article – Business Occupations and Professions 14 
 
17–316. 15 
 
 (a) (1) The Commission shall place the license of a real estate broker on 16 
inactive status if the real estate broker: 17 
 
 (i) requests that the license of the broker be placed on inactive 18 
status; and 19 
 
 (ii) surrenders the license certificate and pocket card of the broker 20 
to the Commission. 21 
 
 (2) The Commission shall place the license of an associate real estate 22 
broker or a real estate salesperson on inactive status if: 23  2 	HOUSE BILL 144  
 
 
 
 (i) the associate broker or salesperson no longer is affiliated with 1 
the licensed real estate broker whose firm is named in the license certificate of the associate 2 
broker or salesperson; or 3 
 
 (ii) the associate broker or salesperson: 4 
 
 1. requests that the license of the associate broker or 5 
salesperson be placed on inactive status; and 6 
 
 2. surrenders the license certificate and pocket card of the 7 
associate broker or salesperson to the Commission. 8 
 
 (b) (1) A licensee whose license is on inactive status may not provide real 9 
estate brokerage services through that license. 10 
 
 (2) The placement of a license on inactive status does not affect the power 11 
of the Commission to suspend or revoke the license or to take any other disciplinary action 12 
against the licensee. 13 
 
 (c) Unless a license on inactive status is reactivated, the license expires 3 years 14 
after the date it is placed on inactive status. 15 
 
 (d) (1) Subject to paragraph (2) of this subsection, a licensee whose license is 16 
on inactive status remains responsible for renewing the license as required under § 17–314 17 
of this subtitle. 18 
 
 (2) Subject to the 3–year limitation under subsection (c) of this section, a 19 
licensee may renew a license while it is on inactive status if the licensee complies with the 20 
continuing education requirements of § 17–315 of this subtitle. 21 
 
 (e) IF A PERSON WHOSE LICENSE IS ON INACTIVE STATUS FAILS TO 22 
REACTIVATE THE LICEN SE BEFORE THE LICENS E EXPIRES UNDER SUBS ECTION (C) 23 
OF THIS SECTION, THE PERSON MUST COMPLY WITH THE REQU IREMENTS UNDER §§ 24 
17–301 THROUGH 17–308 OF THIS SUBTITLE IN ORDER TO OBTAIN A LICENSE . 25 
 
 (F) (1) The Commission shall reactivate the license of a real estate broker that 26 
is on inactive status and reissue a license certificate and pocket card to the broker if the 27 
broker: 28 
 
 (i) requests that the license be reactivated; 29 
 
 (ii) pays to the Commission a reissuance fee set by the Commission; 30 
and 31 
   	HOUSE BILL 144 	3 
 
 
 (iii) meets the continuing education requirements that would have 1 
been required for renewal of a license under § 17–315 of this subtitle if the license had not 2 
been on inactive status. 3 
 
 (2) The Commission shall reactivate the license of an associate real estate 4 
broker or a real estate salesperson that is on inactive status and reissue a license certificate 5 
and pocket card to the associate broker or salesperson if the associate broker or salesperson: 6 
 
 (i) requests that the license be reactivated; 7 
 
 (ii) pays to the Commission a reissuance fee set by the Commission; 8 
 
 (iii) meets the continuing education requirements that would have 9 
been required for renewal of a license under § 17–315 of this subtitle if the license had not 10 
been on inactive status; and 11 
 
 (iv) submits to the Commission adequate evidence that the associate 12 
broker or salesperson has obtained, from a licensed real estate broker, a commitment 13 
providing that the associate broker or salesperson shall become affiliated with the broker 14 
as an associate real estate broker or a real estate salesperson on reactivation of the license 15 
of the associate broker or salesperson. 16 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17 
October 1, 2023. 18