West Virginia 2023 Regular Session Status: Passed Senate 1 R cosponsors

SB 249 — WV Real Estate License Act

Last action — To House Government Organization

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

302 added · 299 removed

Plain-language change summary

The updated version of Bill SB 249 includes important changes aimed at streamlining the real estate licensing process in West Virginia. Notably, it eliminates certain continuing education requirements and simplifies licensing conditions for brokers, which could make it easier for professionals to maintain their licenses. Additionally, the bill clarifies regulations about trust account management and the commission's authority to handle licensing issues. These changes are significant as they could reduce administrative burdens on real estate professionals and enhance the efficiency of regulatory processes.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 249 By Senator Woodrum [Introduced January 16, 2023;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 249 BYSENATOW OODRUM [Originating in the Committee on Government Organization;
referred to the Committee on Government Organization] Intr SB 249 2023R2688 A BILL to amend and reenact §30-40-3, §30-40-4, §30-40-5, §30-40-9, §30-40-11, §30-40-12, §30-40-13, §30-40-14, §30-40-15, §30-40-16, §30-40-17, §30-40-18, §30-40-19, §30-40- 20, §30-40-21, §30-40-22, §30-40-25, and §30-40-26, of the Code of West Virginia, 1931, as amended;
reported on January 27, 2023] CS for SB 249 A BILL to amend and reenact §30-40-3, §30-40-4, §30-40-5, §30-40-9, §30-40-11, §30-40-12, §30-40-13, §30-40-14, §30-40-15, §30-40-16, §30-40-17, §30-40-18, §30-40-19, §30-40- 20, §30-40-21, §30-40-22, §30-40-25, and §30-40-26, of the Code of West Virginia, 1931, as amended;
requiring certain fees to be deposited into the treasury of the state daily;
requiring certain fees to be deposited into the Treasury of the state daily;
It shall be is unlawful for any person to engage in or carry on, directly or indirectly, or to Intr SB 2023R2688 advertise or hold himself or herself out as engaging in or carrying on the business or act in the capacity of a real estate broker, associate broker, or salesperson within this state without first obtaining a license as provided for in this article.
It shall be is unlawful for any person to engage in or carry on, directly or indirectly, or to advertise or hold himself or herself out as engaging in or carrying on the business or act in the CS for SB 249 capacity of a real estate broker, associate broker, or salesperson within this state without first obtaining a license as provided for in this article.
"Cancelled" means a license that was not renewed by December 31 of the year in which license expired;
"Cancelled" means a license that was not renewed by December 31 of the year in which license expire;
"Commission" means the West Virginia Real Estate Commission as established §30-40-6 of this code.
"Commission" means the West Virginia Real Estate Commission as established §30-40- 6 of this code.
Intr SB 2023R2688 "Designated broker" means a person holding a broker’s license who has been appointed by a partnership, association, corporation, or other form of business organization engaged in the real estate brokerage business, to be responsible for the acts of the business and to whom the partners, members, or board of directors have delegated full authority to conduct the real estate brokerage activities of the business organization.
CS for SB 249 "Designated broker" means a person holding a broker’s license who has been appointed by a partnership, association, corporation, or other form of business organization engaged in the real estate brokerage business, to be responsible for the acts of the business and to whom the partners, members, or board of directors have delegated full authority to conduct the real estate brokerage activities of the business organization.
"Team" means any group of two or more associate brokers and/or salespersons, and other Intr SB 2023R2688 non-licensed professionals, affiliated with the same broker or company acting as one agent representative for the principal.
CS for SB 249 "Team" means any group of two or more associate brokers and/or salespersons, and other non-licensed professionals, affiliated with the same broker or company acting as one agent representative for the principal.
Provided, That attorneys-at-law shall be required to submit to the written examination required under §30-40-12 of this code in order to qualify for a broker's license:
Provided, That attorneys-at-law shall be required to submit to the written examination required under §30-40-12 of this code in order to qualify for a broker’s license:
(4) Any person holding, in good faith, a valid power of attorney from the owner or lessor of the real estate (5) (4) Any person acting as a receiver, trustee, administrator, executor, guardian, conservator, or under the order of any court or under the authority of a deed of trust or will.
(4) Any person holding, in good faith, a valid power of attorney from the owner or lessor of the real estate.
(6) (5) A public officer while performing his or her official duties.
(5) Any person acting as a receiver, trustee, administrator, executor, guardian, conservator, or under the order of any court or under the authority of a deed of trust or will.
(7) (6) Any person acquiring or disposing of any interest in timber or minerals, or acquiring or disposing of properties for easements and rights-of-ways rights of way.
(6) A public officer while performing his or her official duties.
for pipelines, electric Intr SB 2023R2688 power lines and stations, public utilities, railroads, or roads (8) (7) Any person employed exclusively to act as the management or rental agent for the real estate of one person, partnership, or corporation or entity.
CS for SB 249 (7) Any person acquiring or disposing of any interest in timber or minerals, or acquiring or disposing of properties for easements and rights-of-ways rights of way.
(9) (8) Any person properly licensed pursuant to the provisions of §19-2Cet seq.
for pipelines, electric power lines and stations, public utilities, railroads, or roads (8) Any person employed exclusively to act as the management or rental agent for the real estate of one person, partnership, or corporation or entity.
(9) Any person properly licensed pursuant to the provisions of §19-2C-1 et seq.
or (C) A fiduciary of a decedent's estate.
or (C) A fiduciary of a decedent’s estate.
(10) (9) Any person employed by a broker in a noncommissioned secretarial or clerical capacity who may in the normal course of employment, be required to:
(10) Any person employed by a broker in a noncommissioned secretarial or clerical capacity who may in the normal course of employment, be required to:
(b) Except as may be provided in §30-40-10 of this code, the commission shall retain the amounts in the special revenue fund from year to year and no funds collected under this article Intr SB 2023R2688 may be used by the commission for any purpose other than the administration and enforcement of this article.
CS for SB 249 (b) Except as may be provided in §30-40-10 of this code, the commission shall retain the amounts in the special revenue fund from year to year and no funds collected under this article may be used by the commission for any purpose other than the administration and enforcement of this article.
(1) The applicant's Social Security number;
(1) The applicant’s Social Security number;
and (G) Believe the applicant is competent to transact the business of a real estate broker, associate broker or salesperson, as the case may be, in a manner that would protect the interest of the public (3) (2) A clear record indicating all jurisdictions where the applicant holds or has held any professional license;
and (G) Believe the applicant is competent to transact the business of a real estate broker, associate broker or salesperson, as the case may be, in a manner that would protect the interest of the public CS for SB 249 (3) (2) A clear record indicating all jurisdictions where the applicant holds or has held any professional license;
(4) (3) A clear record indicating if the applicant has been convicted of any criminal offense Intr SB 2023R2688 or if there is any criminal charge pending against the applicant, or a member or officer of the brokerage business, at the time of application;
(4) (3) A clear record indicating if the applicant has been convicted of any criminal offense or if there is any criminal charge pending against the applicant, or a member or officer of the brokerage business, at the time of application;
(A) To the individual who is the subject of the criminal history record check;
CS for SB 249 (A) To the individual who is the subject of the criminal history record check;
or Intr SB 2023R2688 (C) Pursuant to a court order.
or (C) Pursuant to a court order.
(5) The criminal history record check and related records are not public records for the purposes of Chapter 29B of this code.
(5) The criminal history record check and related records are not public records for the purposes of chapter 29B of this code.
(1) Have served an apprenticeship as a licensed salesperson for two years or shall produce evidence satisfactory to the commission, in its sole discretion, of real estate experience equivalent to two years full-time experience as a licensed salesperson Submit evidence satisfactory to the commission of real estate experience as a licensed real estate salesperson during the two years prior to the date of application showing any of the following:
(1) Have served an apprenticeship as a licensed salesperson for two years or shall produce evidence satisfactory to the commission, in its sole discretion, of real estate experience equivalent to two years full-time experience as a licensed salesperson Submit evidence satisfactory to the commission of either:
(i) The applicant’s representation of a buyer or seller in a minimum of 20 closed transactions;
(i) Real estate experience as a licensed real estate salesperson during the two years prior to the date of application showing the applicant’s representation of a buyer or seller in a minimum of 10 closed transactions;
(ii) if the applicant is engaged solely in the leasing or renting of real estate, representation of the landlord or tenant in a minimum of 20 closed transactions of at least one year in duration;
if the applicant is engaged solely in the leasing or renting of real estate, representation of the landlord or tenant in a minimum of 10 closed transactions of at least one year in duration;
or (iii) if the applicant is engaged solely in the management of a real estate brokerage company, active involvement in a minimum of 30 closed transactions, and, if any of these transactions involve a landlord or tenant, such transactions shall be no less than one year in duration.
or if the applicant is engaged solely in the management of a real estate brokerage company, active involvement in a minimum of 20 closed transactions;
For the purposes of this section, a "closed transaction" means a transaction that resulted in the real estate being conveyed from seller to buyer in which the applicant represented the seller, buyer, or both, or a transaction that resulted in the consummation of a lease of no less than one year in duration in which the applicant Intr SB 2023R2688 represented either the landlord or tenant of the real estate;
or (ii) regardless of the number of years as a licensed salesperson:
a CS for SB 249 minimum of 20 closed transactions;
if the applicant is engaged solely in the leasing or renting of real estate, representation of the landlord or tenant in a minimum of 20 closed transactions of at least one year duration;
or if the applicant is engaged solely in the management of a real estate brokerage company, active involvement in a minimum of 30 closed transactions.
For the purposes of this section, a "closed transaction" means a transaction that resulted in the real estate being conveyed from seller to buyer in which the applicant represented the seller, buyer, or both, or a transaction that resulted in the consummation of a lease of no less than one year in duration in which the applicant represented either the landlord or tenant of the real estate;
(c) No broker's license shall may be issued in the name of a corporation, association or partnership an entity unless each member or officer who will engage in the real estate business, obtains a license as a real estate salesperson or associate broker.
(c) No broker’s license shall may be issued in the name of a corporation, association or partnership an entity unless each member or officer who will engage in the real estate business, obtains a license as a real estate salesperson or associate broker.
(c) No salesperson’s license may be issued in the name of an entity unless each member or officer, who will engage in the real estate business, obtains a license as a real estate salesperson or associate broker.
CS for SB 249 (c) No salesperson’s license may be issued in the name of an entity unless each member or officer, who will engage in the real estate business, obtains a license as a real estate salesperson or associate broker.
Intr SB 2023R2688 (b) Applicants for a salesperson’s license shall provide evidence satisfactory to the commission that he or she has completed 90 clock-hours, equivalent to six college semester credit hours, in a course or courses approved by the commission.
(b) Applicants for a salesperson’s license shall provide evidence satisfactory to the commission that he or she has completed 90 clock-hours, equivalent to six college semester credit hours, in a course or courses approved by the commission.
(b) In order to obtain a license in this state, a nonresident an applicant under this section must shall:
CS for SB 249 (b) In order to obtain a license in this state, a nonresident an applicant under this section must shall:
(3) Cause the real estate licensing body of the applicant's resident jurisdiction to furnish a certification of licensure which shall contain a clear record of any disciplinary actions Submit a certification of licensure showing that the applicant possesses an active license to practice real estate brokerage in another jurisdiction;
(3) Cause the real estate licensing body of the applicant’s resident jurisdiction to furnish a certification of licensure which shall contain a clear record of any disciplinary actions Submit a certification of licensure showing that the applicant possesses an active license to practice real estate brokerage in another jurisdiction;
(4) Cause the real estate licensing body of any other jurisdiction where the applicant Intr SB 2023R2688 currently holds or has held a real estate license to furnish a certification of licensure which shall contain a clear record of any disciplinary actions Submit record(s) showing all disciplinary actions imposed against the applicant by any jurisdiction in which the applicant holds or held a license, if any;
(4) Cause the real estate licensing body of any other jurisdiction where the applicant currently holds or has held a real estate license to furnish a certification of licensure which shall contain a clear record of any disciplinary actions Submit record(s) showing all disciplinary actions imposed against the applicant by any jurisdiction in which the applicant holds or held a license, if any;
No judgment by default may be taken in any action or proceeding until after 30 days of mailing and then only upon certification by the executive director that a copy of the judicial, other process or legal notice was mailed as required.
No judgment by default may be taken in any action or proceeding until after 30 days of CS for SB 249 mailing and then only upon certification by the executive director that a copy of the judicial, other process or legal notice was mailed as required.
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(b) Upon application for the renewal of a real estate license on active status, each licensee must shall furnish satisfactory evidence, as established by the commission, that he or she has Intr SB 2023R2688 completed seven hours of approved continuing professional education during the term of the previous license.
(b) Upon application for the renewal of a real estate license on active status, each licensee must shall furnish satisfactory evidence, as established by the commission, that he or she has completed seven hours of approved continuing professional education during the term of the previous license.
(e) Real estate-related continuing education courses provided by or approved by the real estate appraiser licensing and certification board, the department division of highways, the West Virginia State Bar, or other agency of this state shall be recognized as approved by the commission.
(e) Real estate-related continuing education courses provided by or approved by the real estate appraiser licensing and certification board, the department division of highways, the West CS for SB 249 Virginia State Bar, or other agency of this state shall be recognized as approved by the commission.
The definite place of business shall be designated in the license certificate issued by the commission and the Intr SB 2023R2688 broker may not transact business at any other location, unless such other location is properly licensed by the commission as a branch office;
The definite place of business shall be designated in the license certificate issued by the commission and the broker may not transact business at any other location, unless such other location is properly licensed by the commission as a branch office;
(2) Conspicuously display his or her broker's license in the main office and the license of each associate broker and salesperson employed by the broker who is primarily working from the main office;
(2) Conspicuously display his or her broker’s license in the main office and the license of each associate broker and salesperson employed by the broker who is primarily working from the main office;
(5) (4) Maintain in his or her custody and control the license of each associate broker and salesperson employed by affiliated with him or her;
CS for SB 249 (5) (4) Maintain in his or her custody and control the license of each associate broker and salesperson employed by affiliated with him or her;
(b) Every person holding an associate broker’s or salesperson's license under the provisions of this article shall:
(b) Every person holding an associate broker’s or salesperson’s license under the provisions of this article shall:
Intr SB 2023R2688 (1) Be in such form and size as shall be prescribed by the commission;
(1) Be in such form and size as shall be prescribed by the commission;
Provided, That a salesperson's and an associate broker's license shall show the name of the broker by whom he or she is employed affiliated;
Provided, That a salesperson’s and an associate broker’s license shall show the name of the broker by whom he or she is employed affiliated;
Provided, That nothing contained herein shall authorize any person to transact real estate business prior to becoming properly licensed §30-40-18.
Provided, That nothing contained herein shall authorize any person to transact real estate business prior to becoming properly licensed CS for SB 249 §30-40-18.
(e) No trust fund account may earn interest or any other form of income, unless specifically Intr SB 2023R2688 authorized by commission rule.
(e) No trust fund account may earn interest or any other form of income, unless specifically authorized by commission rule.
(g) No financial institution, in which a trust fund account is established under the provisions of this article, shall require a minimum balance in excess of the amount authorized in subsection (f) of this section (h) (g) The broker shall be the designated trustee of the account and shall maintain complete authority and control over all aspects of each trust fund account, including signature authority:
(g) No financial institution, in which a trust fund account is established under the provisions of this article, shall require a minimum balance in excess of the amount authorized in subsection (f) of this section (h) (g) The broker shall be the designated trustee of the account and shall maintain complete authority and control over all aspects of each trust fund account, including signature CS for SB 249 authority:
Intr SB 2023R2688 (2) The account number of the trust fund account;
(2) The account number of the trust fund account;
(k) (j) The broker shall execute a statement authorizing the commission, or its duly authorized representative, to make periodic inspections of the trust fund account and to obtain copies of records from any financial institution wherein a trust fund account is maintained.
(k) (j) The broker shall execute a statement authorizing the commission, or its duly authorized representative, to make periodic inspections of the trust fund account and to obtain CS for SB 249 copies of records from any financial institution wherein a trust fund account is maintained.
(4) Pursues a course of misrepresentation or makes false promises or representations Intr SB 2023R2688 through agents or any medium of advertising or otherwise;
(4) Pursues a course of misrepresentation or makes false promises or representations through agents or any medium of advertising or otherwise;
(7) Acts for more than one party in a transaction without the knowledge and written consent of all parties for whom he or she acts;
(7) Actsformorethan one party in atransaction without the knowledge andwritten consent of all parties for whom he or she acts;
(10) Advertises or displays a "for sale", "for rent", or other such sign on any property without an agency relationship being established or without the owner's knowledge and written consent;
CS for SB 249 (10) Advertises or displays a "for sale", "for rent", or other such sign on any property without an agency relationship being established or without the owner’s knowledge and written consent;
(14) Pays or receives any rebate, profit, compensation, commission, or other valuable consideration, resulting from a real estate transaction, to or from any person other than the licensee's principal:
(14) Pays or receives any rebate, profit, compensation, commission, or other valuable consideration, resulting from a real estate transaction, to or from any person other than the licensee’s principal:
(17) Pays compensation to any person for acts or services performed either in violation of Intr SB 2023R2688 this article or the real estate licensure laws of any other jurisdiction;
(17) Pays compensation to any person for acts or services performed either in violation of this article or the real estate licensure laws of any other jurisdiction;
(21) Engages in the unlawful or unauthorized practice of law as defined by the Supreme Court of Appeals of West Virginia;
CS for SB 249 (21) Engages in the unlawful or unauthorized practice of law as defined by the Supreme Court of Appeals of West Virginia;
(22) Commits or is a party to any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or other device whereby any other person relies upon the word, representation or conduct of the licensee;
(22) Commits or is a party to any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or other device whereby any other person relies upon the word, representation, or conduct of the licensee;
(23) Continues in the capacity of or accepts the services of any broker, associate broker, or salesperson who is not properly licensed;
(23) Continues in the capacity of, or accepts the services of, any broker, associate broker, or salesperson who is not properly licensed;
(27) Discriminates against any person involved in a real estate transaction which is in violation of any federal or state antidiscrimination law, including any fair housing law;
(27) Discriminates against any person involved in a real estate transaction which is in violation of any federal or state antidiscrimination anti-discrimination law, including any fair housing law;
Intr SB 2023R2688 (29) Fails to maintain adequate accurate records on the broker’s "trust fund account";
(29) Fails to maintain adequate accurate records on the broker’s trust fund account;
(32) Directs any party to a real estate transaction in which the licensee is involved, to any lending institution for financing or to any affiliated business with the expectation of receiving a financial incentive, rebate, or other compensation, without first obtaining from his or her principal the signed acknowledgment of and consent to the receipt of the financial incentive, rebate, or other compensation:
(32) Directs any party to a real estate transaction in which the licensee is involved, to any lending institution for financing or to any affiliated business with the expectation of receiving a CS for SB 249 financial incentive, rebate, or other compensation, without first obtaining from his or her principal the signed acknowledgment of and consent to the receipt of the financial incentive, rebate, or other compensation:
(38) Induces any person to alter, modify, or change another licensee's fee or commission for brokerage services, without that licensee’s prior written consent;
(38) Induces any person to alter, modify, or change another licensee’s fee or commission for brokerage services, without that licensee’s prior written consent;
Intr SB 2023R2688 (39) Negotiates a real estate transaction directly with any person that is represented exclusively by another broker, unless the conduct is specifically authorized by the other broker;
(39) Negotiates a real estate transaction directly with any person that is represented exclusively by another broker, unless the conduct is specifically authorized by the other broker;
(42) In the case of an associate broker or salesperson, represents or attempts to represent a broker other than his or her employing broker;
CS for SB 249 (42) In the case of an associate broker or salesperson, represents or attempts to represent a broker other than his or her employing broker;
(d) Every person licensed by the commission has an affirmative duty to report, in a timely manner, any known or observed violation of this article or the rules, orders, or final decisions of the Intr SB 2023R2688 commission.
(d) Every person licensed by the commission has an affirmative duty to report, in a timely manner, any known or observed violation of this article or the rules, orders, or final decisions of the commission.
§30-40-20.
CS for SB 249 §30-40-20.
(a) Upon the initiation of a complaint by the commission or the filing of a complaint by another person The the commission may upon its own motion and shall upon the filing of a complaint setting forth a cause of action under this article, or the rules promulgated thereunder ascertain the facts and if warranted hold a hearing for the suspension or revocation of a license, or the imposition of sanctions against a licensee:
(a) Upon the initiation of a complaint by the commission or the filing of a complaint by another person, The the commission may upon its own motion and shall upon the filing of a complaint setting forth a cause of action under this article, or the rules promulgated thereunder ascertain the facts and if warranted hold a hearing for the suspension or revocation of a license, or the imposition of sanctions against a licensee:
(b) All complaints must shall be submitted in writing on a form prescribed by the commission and must shall fully describe the acts or omissions constituting the alleged unprofessional conduct violation(s) of this article or rules promulgated thereunder.
(b) All complaints must shall be submitted in writing on a form prescribed by the commission, and must shall fully describe the acts or omissions constituting the alleged unprofessional conduct violation(s) of this article or rules promulgated thereunder.
Intr SB 2023R2688 Provided, That nothing contained herein shall may prohibit the accused party from obtaining an extension of time to file a response, if the commission, its executive director, or other authorized representative permits the extension.
Provided, That nothing contained herein shall may prohibit the accused party from obtaining an extension of time to file a response, if the commission, its executive director, or other authorized representative permits the extension.
(d) The commission may cause an investigation to be made into the facts and circumstances giving rise to the complaint and any person licensed by the commission has an affirmative duty to assist the commission, or its authorized representative, in the conduct of its investigation.
(d) The commission may cause an investigation to be made into the facts and circumstances giving rise to the complaint and any person licensed by the commission has an CS for SB 249 affirmative duty to assist the commission, or its authorized representative, in the conduct of its investigation.
of this code and the commission's rules.
of this code and the commission’s rules.
If the commission makes this election, the administrative law judge or hearing examiner, at the conclusion of a hearing, shall prepare a proposed order which shall contain Intr SB 2023R2688 findings of fact and conclusions of law.
If the commission makes this election, the administrative law judge or hearing examiner, at the conclusion of a hearing, shall prepare a proposed order which shall contain findings of fact and conclusions of law.
The commission may request that disciplinary actions imposed be a part of the proposed order, or may reserve this obligation for its consideration.
The commission may request that disciplinary actions imposed be a part of the proposed order, or the commission may reserve this obligation for its consideration.
(f) Any person adversely affected by any decision or final order made by the commission, after a hearing, is entitled to judicial review by the circuit court of the county where the hearing was held .pursuant to the provisions of §29A-5-4 of this code.
CS for SB 249 (f) Any person adversely affected by any decision or final order made by the commission, after a hearing, is entitled to judicial review by the circuit court of the county where the hearing was held .pursuant to the provisions of §29A-5-4 of this code.
(a) Any In addition to the sanctions imposed by the commission pursuant to this article, any person violating a provision of this article or the commission’s rules is guilty of a misdemeanor.
(a) Any In addition to the sanctions imposed by the commission pursuant to this article, any person violating a provision of this article orthe commission’s rules is guilty of a misdemeanor.
(g) In addition to the penalties herein provided, if any person receives compensation for Intr SB 2023R2688 acts or services performed in violation of this article, he or she shall also be subject to a penalty of not less than the value of the compensation received nor more than three times the value of the compensation received, as may be determined by a court of competent jurisdiction.
(g) In addition to the penalties herein provided, if any person receives compensation for acts or services performed in violation of this article, he or she shall also be subject to a penalty of not less than the value of the compensation received nor more than three times the value of the compensation received, as may be determined by a court of competent jurisdiction.
(h) The penalties provided in this section do not apply to a violation of the duties or obligations of a financial institution under the certification required by §30-40-18(j)(7) of this code by a financial institution providing trust fund account services to a broker.
CS for SB 249 (h) The penalties provided in this section do not apply to a violation of the duties or obligations of a financial institution under the certification required by §30-40-18(j)(7) of this code by a financial institution providing trust fund account services to a broker.
No person may bring or maintain any action in any court of this state for the recovery of compensation for the performance of any act or service for which a broker’s license is required, without alleging and proving that he or she was the holder of a valid broker's license at all times during the performance or rendering of any act or service:
No person may bring or maintain any action in any court of this state for the recovery of compensation for the performance of any act or service for which a broker’s license is required, without alleging and proving that he or she was the holder of a valid broker’s license at all times during the performance or rendering of any act or service:
Intr SB 2023R2688 (c) No provision may be inserted in any contract for representation that would obligate the person signing the contract to pay a fee, commission, or other valuable consideration to the broker, after the contract's expiration date, if the person subsequently enters into a contract for representation with a different broker.
(c) No provision may be inserted in any contract for representation that would obligate the person signing the contract to pay a fee, commission, or other valuable consideration to the broker, after the contract’s expiration date, if the person subsequently enters into a contract for representation with a different broker.
(d) Every licensee shall disclose in writing, on the notice of agency relationship form promulgated by the commission, whether the licensee represents the seller, the buyer, or both the seller and the buyer, the landlord, the tenant, or the landlord and the tenant.
CS for SB 249 (d) Every licensee shall disclose in writing, on the notice of agency relationship form promulgated by the commission, whether the licensee represents the seller, the buyer, or both the seller and the buyer, the landlord, the tenant, or the landlord and the tenant.
[Repealed.] NOTE:
[Repealed.] 26
The purpose of this bill is to amend the provisions of the Real Estate License Act to require fees to be deposited into state treasury daily, eliminate certain requirements for application for licensure, modify the qualifications for a broker’s license, clarify criminal penalties provisions, repeal an outdated code section, and otherwise update the Act.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. To House Government Organization

  2. To Government Organization

  3. Introduced in House

  4. Ordered to House

  5. Passed Senate (Roll No. 103)

  6. Read 3rd time

  7. On 3rd reading

  8. Read 2nd time

  9. On 2nd reading

  10. Read 1st time

  11. On 1st reading

  12. Committee substitute reported

  13. To Government Organization

  14. Introduced in Senate

  15. To Government Organization

  16. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 31 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 15001
Unaffiliated 15002
Democrat 1000
Total 31003
% of votes cast 91%0%0%9%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Not Voting
TRUMP — Yea
HAMILTON — Not Voting
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Not Voting
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

housing labor
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Frequently asked questions

Who sponsors SB 249?
SB 249 is sponsored by Jack Woodrum (Republican).
What is the current status of SB 249?
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 249?
Track SB 249 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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