HB 355 - AS AMENDED BY THE HOUSE
8Jan2020... 2846h
2019 SESSION
19-0754
10/01
HOUSE BILL 355
AN ACT relative to regulation by the New Hampshire real estate commission.
SPONSORS: Rep. Flanagan, Hills. 26; Rep. Chirichiello, Rock. 6
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill allows a real estate licensee to receive compensation for prior activities while on inactive status and modifies the procedure for out-of-state licensees to be recognized for licensure in this state.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Jan2020... 2846h 19-0754
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to regulation by the New Hampshire real estate commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Inactive Status; Commissions. Amend RSA 331-A:12-a, I to read as follows:
I. Any licensee who does not want to perform as a broker or salesperson as defined in RSA 331-A:2, and who wants to preserve the license while not engaged in any brokerage activities, including [the receiving of referral fees or any other form of compensation] making any referrals for commission or for other compensation, or for the promise of such commission or other compensation, may surrender that license to the commission for placement on inactive status. Provided, however, that while on inactive status, the licensee may be compensated by his or her previous responsible broker for brokerage activities or referrals for which the licensee participated while the licensee was active, pursuant to RSA 331-A:26, XXIV. The commission shall place the licensee on inactive status only upon a written request by the licensee. While on inactive status, the licensee shall renew the license biennially by satisfying the renewal requirements under RSA 331-A:19 and the continuing education requirements adopted by the commission, but is not required to maintain a place of business, or in the case of a licensed principal or managing broker, to maintain a surety bond pursuant to RSA 331-A:14.
2 Real Estate Practice; Recognition for Licensure. RSA 331-A:11-a is repealed and reenacted to read as follows:
331-A:11-a Recognition for Licensure. If an applicant holds an active real estate license in good standing, issued by passing the national and state examinations in accordance with the laws of another jurisdiction, that applicant may apply for a New Hampshire license with the same equivalent status as currently licensed in the qualifying jurisdiction by first taking the New Hampshire portion of the licensing examination, provided that other requirements of the commission have been met. If an applicant holds an active real estate license in good standing issued by passing only the state examination in accordance with the laws of another jurisdiction, that applicant may apply for a New Hampshire license with the same equivalent status as currently licensed in the qualifying jurisdiction by first taking the New Hampshire and national portions of the licensing examination, provided that other requirements of the commission have been met. This section applies to nonresident salesperson and broker applicants only when such applicants are applying for a New Hampshire license with same equivalent status as currently licensed in the qualifying jurisdiction.
3 Real Estate Practice; Denial of Recognition. Amend RSA 331-A:23 to read as follows:
331-A:23 Denial of [Reciprocity] Recognition. No broker or salesperson applicant whose license as a broker or salesperson is under revocation or suspension in another state shall be granted a license as a broker or salesperson in this state; and, if already granted a license through reciprocity or recognition, it may be revoked or suspended as provided under this chapter upon proof of the other state's action.
4 Effective Date. This act shall take effect 60 days after its passage.
| Date | Body | Type |
|---|---|---|
| Jan. 22, 2019 | House | Hearing |
| March 13, 2019 | House | Exec Session |
| Nov. 6, 2019 | House | Exec Session |
| House | Floor Vote |
June 16, 2020: No Pending Motion; 06/16/2020 SJ 8
June 16, 2020: Vacated from Committee and Laid on Table, MA, VV; 06/16/2020 SJ 8
March 11, 2020: Introduced 03/11/2020 and Referred to Executive Departments and Administration; SJ 7
Jan. 8, 2020: Ought to Pass with Amendment 2019-2846h: MA VV 01/08/2020 HJ 1 P. 43
Jan. 8, 2020: Amendment # 2019-2846h: AA VV 01/08/2020 HJ 1 P. 43
: Committee Report: Ought to Pass with Amendment # 2019-2846h (Vote 18-0; CC) HC 50 P. 9
Nov. 6, 2019: Executive Session: 11/06/2019 01:00 pm LOB 306
Nov. 6, 2019: Subcommittee Work Session: 11/06/2019 10:00 am LOB 306
Oct. 1, 2019: Subcommittee Work Session: 10/01/2019 09:00 am LOB 306
: Retained in Committee
March 13, 2019: Executive Session: 03/13/2019 10:30 am LOB 306
March 5, 2019: Subcommittee Work Session: 03/05/2019 09:30 am LOB 306
Jan. 22, 2019: Public Hearing: 01/22/2019 11:00 am LOB 306
Jan. 2, 2019: Introduced 01/02/2019 and referred to Executive Departments and Administration HJ 2 P. 46