98RS HB564


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HB 564 (BR 2078) - C. Miller, De. Butler, L. Clark, D. Horlander, J. Jenkins, M. Weaver

     AN ACT relating to real estate.
     Create a new section of KRS 324 imposing a sanction on a principal broker who fails to return a license to the commission on request; permit the commission to expand the courts where it may seek injunctive relief to include the Circuit Court where the commission is located; clarify that a person who is not subject to the new educational requirements and the continuing educational requirements must have been continuously and actively licensed since June 19, 1976; delete requirement that license be issued each year and require that it only be issued when changes are made; clarify that nonresident licensee does not have to have an office in the state unless its contrary to the commission's reciprocity agreement with the state of original licensure; require a licensee who leases or sells property that he or she owns to disclose his or her licensee status in the advertisement; permit the commission to discipline a licensee who fails to report that he or she has been convicted of a felony to the commission; specify that a principal broker is liable for his or her affiliated licensees' violations where he or she knows of the violation and doesn't prevent it; limit recovery from the education, research, and recovery fund to no more than $50,000 per licensee.


     HFA (1, C. Miller) - Delete language permitting injunctive relief to be sought in court where Real Estate Commission's office is located.
     HFA (2, C. Miller) - Delete language raising cap for examination charges.
     HFA (3, C. Miller) - Delete language from bill permitting the Commission to seek injunctive relief in the court located in the county where the Commission's office is located; delete language establishing a higher cap on examination fees; and delete language requiring a real estate salesperson to disclose in his or her advertisements that he or she has an ownership interest in the property.
     HFA (4, C. Miller) - Delete language requiring licensee to include in any advertisements for property he or she owns his or her status as a licensee.
     SCS - Specify continuing education exemptions for long-time continuously maintained active licensees; grant commission subpoena power and additional authority to conduct investigations.

     Feb 10-introduced in House
     Feb 11-to Licensing and Occupations (H)
     Feb 12-posted in committee
     Feb 18-reported favorably, 1st reading, to Calendar
     Feb 19-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for February 20, 1998; floor amendments (1) and (2) filed
     Feb 20-floor amendment (3) filed
     Feb 23-floor amendment (4) filed
     Feb 24-3rd reading, passed 90-7 with Floor Amendments (2) and (4)
     Feb 25-received in Senate
     Feb 26-to Licensing and Occupations (S)
     Mar 12-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 13-2nd reading, to Rules
     Mar 16-posted for passage in the Regular Orders of the Day for March 18, 1998
     Mar 18-3rd reading, passed 34-0 with Committee Substitute
     Mar 19-received in House; posted for passage for concurrence in Senate amendment
     Mar 24-House concurred in Senate Committee Substitute; passed 93-0
     Mar 25-enrolled, signed by each presiding officer, delivered to Governor
     Apr 3-signed by Governor

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