Nevada 2019 Regular Session Status: Enacted

SB 230 — Revises provisions relating to certain real estate professions. (BDR 54-311)

Last action — Approved by the Governor. Chapter 440.

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

This bill has been enacted into law. Introduced February 18, 2019. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Advancing 60% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    6 primary, 0 co-sponsors signed on.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

AN ACT relating to real estate; revising provisions relating to advertisements by real estate licensees; revising educational requirements which must be satisfied by an applicant for licensure as a real estate salesperson, real estate broker or real estate broker-salesperson; revising provisions governing the maintenance of certain licenses by real estate brokers and owner-developers; revising provisions governing certain regulations of the Real Estate Commission relating to the curriculum and subject matter of continuing education; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

230 added · 242 removed

230 line(s) added, 242 removed.

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(Reprinted with amendments adopted on May 23, 2019) SECOND REPRINT S.B.
Senate Bill No.
230 SENATE BILL NO .
230–Senator Denis Joint Sponsors:
230–SENATOR D ENIS FEBRUARY 18, 2019 ____________ JOINT SPONSORS :
Assemblymen Spiegel, Edwards, Hardy, Roberts and Tolles CHAPTER..........
SSEMBLYMEN SPIEGEL , DWARDS , HARDY , OBERTS AND TOLLES ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to certain real estate professions.
(BDR 54-311) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(1) requires a licensee to include his or her Commission to establish by regulation the conditions and limitations under which a licensee may advertise under a nickname.
(1) requires a licensee to include his or her license number in any such advertisement;
Existing law sets forth certain educational requirements which must be satisfied by an applicant for licensure as a real estate salesperson, real estate broker or real estate broker-salesperson.
and (2) requires the Real Estate Commission to establish by regulation the conditions and limitations under which a liceExisting law sets forth certain educational requirements which must be satisfied by an applicant for licensure as a real estate salesperson, real estate broker or real estate broker-salesperson.
(1) establishes a minimum number of total hours of instruction which must be included in a course for licensure as a real estate salesperson, real estate broker or real estaten applicant - *SB230_R2* – 2 – agency and the preparation of contracts for real estate transactions.
(1) establishes a minimum number of total hours of instruction which must be included in a course of instruction for licensure as a real estate salesperson;
Under section 6.5 of this bill, these requirements apply only to a person who submits an application for licensure to the Real Estate Division on or after January 1, 2020.
and (2) requires an applicant for licensure as a real estate salesperson, real estate broker or real estate broker- salesperson to complete a minimum number of hours of instruction on agency and the preparation of contracts for real estate transactions.
Existing law requires a real estate broker or owner-developer to prominently display in his or her place of business the licenses of all real estate broker- salespersons and real estate salespersons who are associated with the broker or bill eliminates that requirement and instead requires the licenses to be kept in a secure manner and, upon request, made available for inspection by the public and the Real Estate Division during usual business hours.
Under section 6.5 of this licensure to the Real Estate Division on or after January 1, 2020.lication for Existing law requires a real estate broker or owner-developer to prominently display in his or her place of business the licenses of all real estate broker- salespersons and real estate salespersons who are associated with the broker or employed by the owner-developer, as applicable.
Existing law authorizes the Real Estate Commission to establish by regulation a postlicensing curriculum of continuing education which must be completed by a 645.575) Section 5 of this bill requires the Commission to adopt regulations whichRS require a minimum of 36 hours of continuing education, set forth certain subject matter in continuing education which must be completed by certain licensees and provide for an exemption from such subject matter requirements for a person who is 65 years of age or older and who has been licensed in good standing as a real estate broker, real estate broker-salesperson or real estate salesperson in this State for 30 years or more.
(NRS 645.530) Section 4 of this bill eliminates that requirement and instead requires the licenses to be kept in a secure manner and, upon request, made available for inspection by the public and the Existing law authorizes the Real Estate Commission to establish by regulation a postlicensing curriculum of continuing education which must be completed by a person within the first year immediately after initial licensing of the person.
(NRS 645.575) Section 5 of this bill requires the Commission to adopt regulations which require a minimum of 36 hours of continuing education, set forth certain subject matter in continuing education which must be completed by certain licensees and provide for an exemption from such subject matter requirements for a person who is 65 years of age or older and who has been licensed in good standing as a real - 80th Session (2019) – 2 – estate broker, real estate broker-salesperson or real estate salesperson in this State for 30 years or more.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
If a licensee is a real estate broker-salesperson or real estate salesperson, the licensee shall not advertise solely under the licensee’s own name when acting in the capacity as a broker- salesperson or salesperson.
If a licensee is a real estate broker-salesperson or real estate salesperson, the licensee shall not advertise solely under the salesperson or salesperson.
Sec.
Secs.
2.
2-3.
3.
(Deleted by amendment.) - *SB230_R2* – 3 – Sec.
(b) Not less than 15 hours of instruction in the preparation of contracts in real estate transactions to the extent allowed in the capacity of a licensee;
- 80th Session (2019) – 3 – (b) Not less than 15 hours of instruction in the preparation of contracts in real estate transactions to the extent allowed in the capacity of a licensee;
units in the principles of real estate;alent number of quarter [(b)] (c) Nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics;
(b) Three semester units or an equivalent number of quarter units in the principles of real estate;
[(b)] (c) Nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics;
On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate broker’s or broker-salesperson’s license must furnish proof satisfactory to the Real Estate Division that the applicant has - *SB230_R2* – 4 – completed 64 semester units or the equivalent in quarter units of college level courses.
On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original proof satisfactory to the Real Estate Division that the applicant has completed 64 semester units or the equivalent in quarter units of college level courses.
For the purposes of this section, each person who holds a license as a real estate broker, broker-salesperson or salesperson, or an equivalent license, issued by a state or territory of the United States, or the District of Columbia, is entitled to receive credit for the equivalent of 16 semester units of college level courses for each 2 years of active experience that, during the immediately preceding 10 years, the person has obtained while he or she has held such a license, not to exceed 8 years of active experience.
For the purposes of this section, each person who holds a license as a real estate broker, broker-salesperson or salesperson, or an equivalent license, issued by a state or territory of the United States, or the District of Columbia, is entitled to receive credit for the equivalent of 16 semester units of college level courses for each years of active experience that, during the immediately preceding years, the person has obtained while he or she has held such a license, not to exceed 8 years of active experience.
This credit may not be applied against the requirement in subsection 2 for three semester units or an equivalent number of quarter units in broker management or 18 classroom hours of the real estate law of Nevada.
This credit may not be applied against the requirement in subsection 2 for three - 80th Session (2019) – 4 – semester units or an equivalent number of quarter units in broker management or 18 classroom hours of the real estate law of Nevada.
The Commission may adopt regulations setting forth standards of education which are equivalent to the college level courses outlined in this subsection.
The Commission may adopt regulations setting forth courses outlined in this subsection.
The regulations may take into instruction, hours of instruction and such other criteria as thee Commission requires.
The regulations may take into account the standard of instructors, the scope and content of the instruction, hours of instruction and such other criteria as the Commission requires.
Sec.
4.
NRS 645.530 is hereby amended to read as follows:
(b) [Prominently display] Maintain in his or her place of business the licenses of all real estate broker-salespersons and salespersons associated with him or her therein or in connection therewith.
(b) [Prominently display] Maintain in his or her place of business the licenses of all real estate broker-salespersons and therewith.
- *SB230_R2* – 5 – 3.
3.
2.
- 80th Session (2019) – 5 – 2.
The standards must include, where qualified, generally accredited educational institutions, private vocational schools, educational programs and seminars of professional societies and organizations, other organized educational programs on technical subjects, or equivalent offerings.
The standards must include, where qualified, generally accredited educational institutions, private vocational schools, educational programs and organized educational programs on technical subjects, or equivalent offerings.
Show all 49 changed rows (9 more)
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The Commission shall qualify only those educational courses that it determines address the appropriate subject matter and to the provisions of this section, the Commission has exclusiveject authority to determine what is an appropriate subject matter for qua3.ficIn addition to any other standards for continuing education that the Commission adopts by regulation pursuant to this section, the Commission [may,] :
The Commission shall qualify only those educational courses that it determines address the appropriate subject matter and are given by an accredited university or community college.
Subject to the provisions of this section, the Commission has exclusive authority to determine what is an appropriate subject matter for qualification as a continuing education course.
3.
In addition to any other standards for continuing education that the Commission adopts by regulation pursuant to this section, the Commission [may,] :
Standards which are adopted pursuant to this section must authorize a person who is 65 years of age or older to apply to the Division for an exemption from any requirement to complete continuing education other than the mandatory subject matter which is set forth in regulations adopted pursuant to this paragraph if the person has been licensed in good standing as a real estate broker, real estate broker-salesperson or real estate salesperson in this State for 30 years or longer at the time of his or her application for an exemption.
Standards which are adopted pursuant to this section must authorize a person who is 65 years of age or older to apply to the Division for an exemption from any requirement to complete continuing education other than the mandatory subject matter which is set forth in regulations adopted pursuant to this real estate broker, real estate broker-salesperson or real estate salesperson in this State for 30 years or longer at the time of his or her application for an exemption.
- *SB230_R2* – 6 – [(a)] (1) Establish a postlicensing curriculum of continuing education which must be completed by a person within the first year immediately after the initial licensing of the person.
[(a)] (1) Establish a postlicensing curriculum of continuing education which must be completed by a person within the first year immediately after the initial licensing of the person.
[(b)] (2) Require a person whose license as a real estate broker or real estate broker-salesperson has been placed on inactive status for any reason for 1 year or more or has been suspended or revoked to complete a course of instruction in broker management that is designed to fulfill the educational requirements for issuance of a license which are described in paragraph [(d)] (e) of subsection 2 of NRS 645.343, before the person’s license is reissued or reinstated.
[(b)] (2) Require a person whose license as a real estate broker or real estate broker-salesperson has been placed on inactive status for any reason for 1 year or more or has been suspended or revoked to complete a course of instruction in broker management that is designed to fulfill the educational requirements for issuance of a - 80th Session (2019) – 6 – license which are described in paragraph [(d)] (e) of subsection 2 of NRS 645.343, before the person’s license is reissued or reinstated.
(a) Upon passage and approval for the purposes of performing any preparatory administrative tasks and adopting any regulations necessary to carry out the provisions of this act;
any preparatory administrative tasks and adopting any regulations necessary to carry out the provisions of this act;
H - *SB230_R2*
~~~~~ 19 - 80th Session (2019)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 440.

  2. Enrolled and delivered to Governor.

  3. Assembly Amendment No. 898 concurred in. To enrollment.

  4. In Senate.

  5. From printer. To reengrossment. Reengrossed. Second reprint. Read third time. Passed, as amended. Title approved. (Yeas: 39, Nays: None, Excused: 2, Vacant: 1.) To Senate.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 898.) To printer.

  7. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  9. Taken from Secretary's desk. Placed on Second Reading File. Read second time. Amended. (Amend. No. 521.) To printer.

  10. Taken from Second Reading File. Placed on Secretary's desk.

  11. From committee: Amend, and do pass as amended.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

  • Senator Moises Denis · Primary
  • Assemblywoman Ellen Spiegel · Primary
  • Assemblywoman Melissa Hardy · Primary
  • Assemblyman Tom Roberts · Primary
  • Jill Tolles · Primary
  • Chris Edwards · Primary

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 61 not signed on

Sponsors (6)

  • Senator Moises Denis
  • Assemblywoman Ellen Spiegel
  • Assemblywoman Melissa Hardy
  • Assemblyman Tom Roberts
  • Jill Tolles
  • Chris Edwards

Co-sponsors (0)

None.

Not signed on (61)

61 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

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Frequently asked questions

What does SB 230 do?
AN ACT relating to real estate; revising provisions relating to advertisements by real estate licensees; revising educational requirements which must be satisfied by an applicant for licensure as a real estate salesperson, real estate broker or real estate broker-salesperson; revising provisions governing the maintenance of certain licenses by real estate brokers and owner-developers; revising provisions governing certain regulations of the Real Estate Commission relating to the curriculum and subject matter of continuing education; and providing other matters properly relating thereto.
Who sponsors SB 230?
SB 230 is sponsored by Senator Moises Denis, Assemblywoman Ellen Spiegel, Assemblywoman Melissa Hardy, Assemblyman Tom Roberts, Jill Tolles, and Chris Edwards.
What is the current status of SB 230?
This bill has been enacted into law. Introduced February 18, 2019. Enacted.
Where can I track SB 230?
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