MD
Maryland House Bill HB144

Maryland 2023 Regular Session

Maryland House Bill HB144 Compare Versions

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1- WES MOORE, Governor Ch. 339
21
3-– 1 –
4-Chapter 339
5-(House Bill 144)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0144*
89
9-Real Estate Brokers – Inactive Licenses – Requirements After Expiration
10+HOUSE BILL 144
11+C3 3lr1229
1012
11-FOR the purpose of requiring a person who fails to reactivate a real estate broker license
12-on inactive status within a certain period of time to comply with certain
13-requirements in order to obtain a license; and generally relating to real estate broker
14-licensing.
13+By: Delegate Qi
14+Introduced and read first time: January 13, 2023
15+Assigned to: Economic Matters
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: February 26, 2023
1519
16-BY repealing and reenacting, with amendments,
17- Article – Business Occupations and Professions
18-Section 17–316
19- Annotated Code of Maryland
20- (2018 Replacement Volume and 2022 Supplement)
20+CHAPTER ______
2121
22- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23-That the Laws of Maryland read as follows:
22+AN ACT concerning 1
2423
25-Article – Business Occupations and Professions
24+Real Estate Brokers – Inactive Licenses – Requirements After Expiration 2
2625
27-17–316.
26+FOR the purpose of requiring a person who fails to reactivate a real estate broker license 3
27+on inactive status within a certain period of time to comply with certain 4
28+requirements in order to obtain a license; and generally relating to real estate broker 5
29+licensing. 6
2830
29- (a) (1) The Commission shall place the license of a real estate broker on
30-inactive status if the real estate broker:
31+BY repealing and reenacting, with amendments, 7
32+ Article – Business Occupations and Professions 8
33+Section 17–316 9
34+ Annotated Code of Maryland 10
35+ (2018 Replacement Volume and 2022 Supplement) 11
3136
32- (i) requests that the license of the broker be placed on inactive
33-status; and
37+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
38+That the Laws of Maryland read as follows: 13
3439
35- (ii) surrenders the license certificate and pocket card of the broker
36-to the Commission.
40+Article – Business Occupations and Professions 14
3741
38- (2) The Commission shall place the license of an associate real estate
39-broker or a real estate salesperson on inactive status if:
42+17–316. 15
4043
41- (i) the associate broker or salesperson no longer is affiliated with
42-the licensed real estate broker whose firm is named in the license certificate of the associate
43-broker or salesperson; or
44+ (a) (1) The Commission shall place the license of a real estate broker on 16
45+inactive status if the real estate broker: 17
4446
45- (ii) the associate broker or salesperson:
47+ (i) requests that the license of the broker be placed on inactive 18
48+status; and 19 2 HOUSE BILL 144
4649
47- 1. requests that the license of the associate broker or
48-salesperson be placed on inactive status; and
49- Ch. 339 2023 LAWS OF MARYLAND
5050
51-– 2 –
52- 2. surrenders the license certificate and pocket card of the
53-associate broker or salesperson to the Commission.
5451
55- (b) (1) A licensee whose license is on inactive status may not provide real
56-estate brokerage services through that license.
52+ (ii) surrenders the license certificate and pocket card of the broker 1
53+to the Commission. 2
5754
58- (2) The placement of a license on inactive status does not affect the power
59-of the Commission to suspend or revoke the license or to take any other disciplinary action
60-against the licensee.
55+ (2) The Commission shall place the license of an associate real estate 3
56+broker or a real estate salesperson on inactive status if: 4
6157
62- (c) Unless a license on inactive status is reactivated, the license expires 3 years
63-after the date it is placed on inactive status.
58+ (i) the associate broker or salesperson no longer is affiliated with 5
59+the licensed real estate broker whose firm is named in the license certificate of the associate 6
60+broker or salesperson; or 7
6461
65- (d) (1) Subject to paragraph (2) of this subsection, a licensee whose license is
66-on inactive status remains responsible for renewing the license as required under § 17–314
67-of this subtitle.
62+ (ii) the associate broker or salesperson: 8
6863
69- (2) Subject to the 3–year limitation under subsection (c) of this section, a
70-licensee may renew a license while it is on inactive status if the licensee complies with the
71-continuing education requirements of § 17–315 of this subtitle.
64+ 1. requests that the license of the associate broker or 9
65+salesperson be placed on inactive status; and 10
7266
73- (e) IF A PERSON WHOSE LICENSE IS ON INACTIVE STATUS FAILS TO
74-REACTIVATE THE LICEN SE BEFORE THE LICENS E EXPIRES UNDER SUBS ECTION (C)
75-OF THIS SECTION, THE PERSON MUST COMPLY WITH THE REQU IREMENTS UNDER §§
76-17–301 THROUGH 17–308 OF THIS SUBTITLE IN ORDER TO OBTAIN A LICENSE .
67+ 2. surrenders the license certificate and pocket card of the 11
68+associate broker or salesperson to the Commission. 12
7769
78- (F) (1) The Commission shall reactivate the license of a real estate broker that
79-is on inactive status and reissue a license certificate and pocket card to the broker if the
80-broker:
70+ (b) (1) A licensee whose license is on inactive status may not provide real 13
71+estate brokerage services through that license. 14
8172
82- (i) requests that the license be reactivated;
73+ (2) The placement of a license on inactive status does not affect the power 15
74+of the Commission to suspend or revoke the license or to take any other disciplinary action 16
75+against the licensee. 17
8376
84- (ii) pays to the Commission a reissuance fee set by the Commission;
85-and
77+ (c) Unless a license on inactive status is reactivated, the license expires 3 years 18
78+after the date it is placed on inactive status. 19
8679
87- (iii) meets the continuing education requirements that would have
88-been required for renewal of a license under § 17–315 of this subtitle if the license had not
89-been on inactive status.
80+ (d) (1) Subject to paragraph (2) of this subsection, a licensee whose license is 20
81+on inactive status remains responsible for renewing the license as required under § 17–314 21
82+of this subtitle. 22
9083
91- (2) The Commission shall reactivate the license of an associate real estate
92-broker or a real estate salesperson that is on inactive status and reissue a license certificate
93-and pocket card to the associate broker or salesperson if the associate broker or salesperson:
84+ (2) Subject to the 3–year limitation under subsection (c) of this section, a 23
85+licensee may renew a license while it is on inactive status if the licensee complies with the 24
86+continuing education requirements of § 17–315 of this subtitle. 25
9487
95- (i) requests that the license be reactivated;
88+ (e) IF A PERSON WHOSE LICENSE IS ON INACTIVE STATUS FAILS TO 26
89+REACTIVATE THE LICEN SE BEFORE THE LICENS E EXPIRES UNDER SUBS ECTION (C) 27
90+OF THIS SECTION, THE PERSON MUST COMPLY WITH THE REQU IREMENTS UNDER §§ 28
91+17–301 THROUGH 17–308 OF THIS SUBTITLE IN ORDER TO OBTAIN A LICENSE . 29
9692
97- (ii) pays to the Commission a reissuance fee set by the Commission; WES MOORE, Governor Ch. 339
93+ (F) (1) The Commission shall reactivate the license of a real estate broker that 30
94+is on inactive status and reissue a license certificate and pocket card to the broker if the 31
95+broker: 32
9896
99-– 3 –
97+ (i) requests that the license be reactivated; 33 HOUSE BILL 144 3
10098
101- (iii) meets the continuing education requirements that would have
102-been required for renewal of a license under § 17–315 of this subtitle if the license had not
103-been on inactive status; and
10499
105- (iv) submits to the Commission adequate evidence that the associate
106-broker or salesperson has obtained, from a licensed real estate broker, a commitment
107-providing that the associate broker or salesperson shall become affiliated with the broker
108-as an associate real estate broker or a real estate salesperson on reactivation of the license
109-of the associate broker or salesperson.
110100
111- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
112-October 1, 2023.
101+ (ii) pays to the Commission a reissuance fee set by the Commission; 1
102+and 2
113103
114-Approved by the Governor, May 3, 2023.
104+ (iii) meets the continuing education requirements that would have 3
105+been required for renewal of a license under § 17–315 of this subtitle if the license had not 4
106+been on inactive status. 5
107+
108+ (2) The Commission shall reactivate the license of an associate real estate 6
109+broker or a real estate salesperson that is on inactive status and reissue a license certificate 7
110+and pocket card to the associate broker or salesperson if the associate broker or salesperson: 8
111+
112+ (i) requests that the license be reactivated; 9
113+
114+ (ii) pays to the Commission a reissuance fee set by the Commission; 10
115+
116+ (iii) meets the continuing education requirements that would have 11
117+been required for renewal of a license under § 17–315 of this subtitle if the license had not 12
118+been on inactive status; and 13
119+
120+ (iv) submits to the Commission adequate evidence that the associate 14
121+broker or salesperson has obtained, from a licensed real estate broker, a commitment 15
122+providing that the associate broker or salesperson shall become affiliated with the broker 16
123+as an associate real estate broker or a real estate salesperson on reactivation of the license 17
124+of the associate broker or salesperson. 18
125+
126+ SECTION 2. AND BE IT FURTHER EN ACTED, That this Act shall take effect 19
127+October 1, 2023. 20
128+
129+
130+
131+Approved:
132+________________________________________________________________________________
133+ Governor.
134+________________________________________________________________________________
135+ Speaker of the House of Delegates.
136+________________________________________________________________________________
137+ President of the Senate.