CHAPTER 134

HB 47 – FINAL VERSION

04/20/11 1441s

2011 SESSION

11-0176

10/01

HOUSE BILL 47

AN ACT relative to inactive license status for real estate brokers and salespersons and the use of limited electronic media.

SPONSORS: Rep. Baroody, Hills 13

COMMITTEE: Commerce and Consumer Affairs

AMENDED ANALYSIS

This bill clarifies the real estate commission’s procedure for placing a license on inactive status. The bill also regulates the use of limited electronic media in advertising by real estate brokers and salespersons.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/20/11 1441s

11-0176

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to inactive license status for real estate brokers and salespersons and the use of limited electronic media.

Be it Enacted by the Senate and House of Representatives in General Court convened:

134:1 Real Estate Practice Act; Inactive Licenses. Amend RSA 331-A:12-a to read as follows:

331-A:12-a Inactive Licensure Status.

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, may surrender that license to the commission for placement on inactive status. The commission shall place the licensee on inactive status only upon [application] 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.

II. Any licensee on inactive license status may have the license reinstated to active status by demonstrating compliance in the previous biennium with the continuing education requirements adopted by the commission and [applying] requesting to change status from inactive to active, and, in the case of a licensed principal or managing broker, providing evidence of a surety bond as required by RSA 331-A:14.

134:2 New Paragraph; Definition Added. Amend RSA 331-A:2 by inserting after paragraph V-d the following new paragraph:

V-e. “Limited electronic media” means all electronic media that only allow for the presentation of limited amounts of information. Limited electronic media includes, but is not limited to, thumbnails, twitter messages, text messages, and other forms of electronic media existing now or in the future that similarly limit the amount of information that can be presented.

134:3 New Subparagraph; Advertising; Limited Electronic Media. Amend RSA 331-A:16, IV by inserting after subparagraph (b) the following new subparagraph:

(c) With respect to limited electronic media, the requirements of subparagraphs (a) and (b) shall be satisfied if the limited electronic media includes a link to an Internet display that contains the required information.

134:4 Prohibited Conduct; Advertising. Amend RSA 331-A:26, X to read as follows:

X. In the case of a salesperson or broker, advertising in any manner without stating the name of the individual principal broker when licensed under an individual principal broker license or business name as licensed for whom or under whom the salesperson or broker operates, except as provided in RSA 331-A:16, IV(c).

134:5 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 7, 2011

Effective Date: August 6, 2011