Sen. William R. Haine
Filed: 3/25/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1894




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    AMENDMENT NO. ______. Amend Senate Bill 1894 on page 3, 
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line 11, by replacing "OBRE" with "the Department OBRE"; and
 
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on page 7, below line 8, by inserting the following:
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    ""Coordinator" means the Coordinator of Real Estate 
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created in Section 25-15 of this Act."; and
 
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on page 7, by replacing lines 24 and 25 with the following:
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    ""Director" means the Director of the Real Estate Division, 
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OBRE."; and
 
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on page 19, lines 8 and 13, by replacing "real estate" each 
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time it appears with "real estate"; and
 
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on page 22, line 6, after "Section", by inserting "1-10"; and
 
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on page 22, line 14, by replacing "$1,000" with "$1,500 
 


 






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$1,000"; and
 
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on page 24, line 14, by replacing "(a) (Blank)." with "(a)"; 
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and
 
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on page 25, line 7, by replacing "(b)" with "(b)"; and
 
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on page 25, line 11, by replacing "of a" with "a"; and
 
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on page 26, line 3, by replacing "(c) (Blank)." with "(c)"; and 
 
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on page 26, line 6, by replacing "(d) (Blank)." with "(d)"; and 
 
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on page 26, line 10, by replacing "." with "."; and
 
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on page 26, line 11, by replacing "(e) (Blank)." with "(e)"; 
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and 
 
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on page 27, lines 15 and 20, by replacing "." each time it 
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appears with ";"; and
 
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on page 27, line 22, by replacing "." with "; and"; and
 
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on page 28, lines 21 and 22, by replacing "." each time it 
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appears with ";"; and
 
 


 






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on page 29, lines 3, 14, and 23, by replacing "." each time it 
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appears with ";"; and
 
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on page 31, line 6, by replacing "broker" with "broker's"; and
 
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on page 32, line 1, after "broker,", by inserting "broker,"; 
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and
 
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on page 37, line 2, by replacing "broker" with "broker's"; and
 
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on page 37, line 4, by replacing "OBRE" with "the Department 
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OBRE"; and
 
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on page 38, line 6, before "Commissioner", by inserting 
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"Secretary"; and
 
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on page 39, line 8, by replacing "salesperson to broker 
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license" with "salesperson's license to broker's license"; and
 
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on page 39, line 10, by replacing "salespersons" with 
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"salesperson"; and
 
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on page 40, line 12, by replacing "broker" with "broker's"; and
 
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on page 42, by replacing line 18 with the following: 
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"broker's license. OBRE shall establish and"; and
 
 


 






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on page 42, by replacing lines 19 through 26 with the 
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following:
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"maintain a register of all persons currently licensed by the

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State and shall issue and prescribe a form of pocket card. Upon

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payment by a licensee of the appropriate fee as prescribed by

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rule for engagement in the activity for which the licensee is

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qualified and holds a license for the current period, OBRE 
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shall issue a pocket card to the licensee. The
pocket card 
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shall be verification that the required fee for the
current 
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period has been paid and shall indicate that the person"; and
 
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on page 43, by replacing lines 1 through 10 with the following:
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"named thereon is licensed for the current renewal period as a

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broker, salesperson, or leasing agent as the
case may be. The 
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pocket card shall further indicate that the
person named 
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thereon is authorized by OBRE to
engage in the licensed 
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activity appropriate for his or her
status (broker, 
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salesperson, or leasing
agent). Each licensee shall carry on 
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his or her person his or
her pocket card or, if such pocket 
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card has not yet been
issued, a properly issued sponsor card 
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when engaging in any
licensed activity and shall display the 
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same on demand."; and
 
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on page 44, below line 10, by inserting the following:
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    "(e) The Department shall establish and
maintain a register 
 


 






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of all persons currently licensed by the
State and shall issue 
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and prescribe a form of pocket card. Upon  payment by a licensee 
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of the appropriate fee as prescribed by
rule for engagement in 
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the activity for which the licensee is
qualified and holds a 
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license for the current period, the
Department shall issue a 
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pocket card to the licensee. The
pocket card shall be 
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verification that the required fee for the
current period has 
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been paid and shall indicate that the person  named thereon is 
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licensed for the current renewal period as a
managing broker, 
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broker, salesperson, or leasing agent as the
case may be. The 
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pocket card shall further indicate that the
person named 
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thereon is authorized by the Department  to
engage in the 
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licensed activity appropriate for his or her
status (managing 
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broker, broker, salesperson, or leasing
agent). Each licensee 
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shall carry on his or her person his or
her pocket card or, if 
16
such pocket card has not yet been
issued, a properly issued 
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sponsor card when engaging in any
licensed activity and shall 
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display the same on demand.
"; and
 
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on page 44, by replacing lines 11 through 13 with the 
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following:
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    "(f) The Department shall provide to the sponsoring broker 
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a notice of renewal for all sponsored licensees by mailing the 
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notice to the sponsoring broker's address of record, or, at the 
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Department's discretion, by an electronic means as provided for 
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by rule."; and
 
 


 






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on page 44, by replacing lines 14 and 15 with the following:
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    "(g) Upon request from the sponsoring broker, the 
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Department shall make available to the sponsoring broker,  
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either by mail or by an electronic means at the discretion of 
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the Department, a"; and
 
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on page 45, lines 19 and 20, by deleting "if the application is 
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made prior to May 1, 2012"; and
 
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on page 46, line 4, before "broker", by inserting "managing"; 
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and
 
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on page 47, by replacing lines 5 and 6 with the following:
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        "(6) the broker was licensed by an examination in a 
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    state that has entered into OBRE has a reciprocal agreement 
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    with the Department that state that includes the provisions 
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    of this Section."; and
 
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on page 47, line 7, by replacing "(b)" with "(c) (b)"; and
 
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on page 47, line 11, by replacing "nonresident" with 
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"nonresident"; and
 
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on page 47, lines 11 and 12, by replacing "under the 
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nonresident broker" with "under the nonresident broker"; and
 
 


 






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on page 47, line 24, by replacing "(4) (Blank)." with "(4)"; 
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and
 
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on page 48, line 5, immediately after "broker", by inserting 
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","; and
 
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on page 50, by replacing lines 3 and 4 with the following:
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"Section shall be eligible to obtain a resident managing 
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broker's license, a broker's license, or, prior to May 1, 2011, 
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a salesperson's license"; and
 
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on page 50, line 7, by replacing "or" with "for or"; and
 
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on page 50, line 22, immediately after "broker", by inserting 
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","; and
 
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on page 50, line 23, by deleting "licensees"; and
 
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on page 50, line 24, immediately after "managing brokers, 
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brokers", by inserting ","; and
 
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on page 51, line 3, immediately after "broker", by inserting 
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","; and
 
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on page 51, line 14, by replacing ", the licensee" with ", the 
 


 






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licensee"; and
 
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on page 51, line 15, by replacing "6-hour" with "12-hour 
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6-hour"; and
 
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on page 52, line 9, immediately after "brokers", by inserting 
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","; and
 
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on page 52, line 23, by replacing "broker license" with 
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"broker's license"; and
 
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on page 53, line 2, by replacing "broker" with "broker's"; and
 
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on page 53, by replacing lines 8 through 13 with the following:
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"condition of license renewal.
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    (d) A
person receiving an initial license as a real estate 
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broker
during the 90 days before the broker renewal date shall 
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not be
required to complete the broker management continuing

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education courses course provided for in subsection (b) of this

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Section as a condition of initial license renewal."; and
 
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on page 53, line 14, by replacing "(d)" with "(e) (d)"; and
 
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on page 54, line 7, by replacing "(e)" with "(f) (e)"; and
 
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on page 54, line 21, by replacing "(f)" with "(g) (f)"; and
 
 


 






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on page 54, line 22, by replacing "(e)" with "(f) (e)"; and
 
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on page 55, line 1, by replacing "(g)" with "(h) (g)"; and
 
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on page 55, line 3, by replacing "(h)" with "(i) (h)"; and
 
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on page 55, line 6, by replacing "(i)" with "(j) (i)"; and
 
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on page 55, line 8, by replacing "(j)" with "(k) (j)"; and
 
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on page 55, line 19, by replacing "(k)" with "(l)"; and
 
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on page 58, line 5, by replacing "brokers" with "broker"; and
 
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on page 58, line 14, by replacing "(26) of subsection (h)" with 
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the following:
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"(35) (26) of subsection (a) (h)"; and
 
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on page 58, lines 22 and 23, by replacing "(26) of subsection 
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(h) of" with the following:
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"(35) (26) of subsection (a) (h) of"; and
 
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on page 59, line 3, by replacing "Internet" with "via the 
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Internet"; and
 
 


 






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on page 59, by replacing lines 11 and 12 with the following:
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"information contained therein to the public in an accurate, a 
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direct, and readily comprehensible manner."; and


 
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on page 66, line 22, by replacing lines 22 through 25 with the 
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following:
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    "(b) (3) The licensee representing the consumer shall 
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discuss with the consumer the sponsoring broker's compensation 
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and policy with regard to
cooperating with
brokers who 
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represent other parties in a transaction."; and
 
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on page 67, line 1, by replacing "(b)" with "(c) (b)"; and
 
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on page 73, lines 5 and 6, by replacing "fine" each time it 
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appears with "penalty fine"; and
 
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on page 73, line 7, by replacing "judgement" with "judgment 
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judgement"; and
 
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on page 73, line 18, by replacing "a" with "a"; and
 
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on page 73, line 19, by deleting "issued"; and
 
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on page 78, line 15, by replacing "OBRE" with "Department 
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OBRE"; and
 
 


 






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on page 80, line 13, by deleting "contract"; and
 
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on page 82, line 7, by replacing "a written" with "an a 
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written"; and
 
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on page 83, line 9, by replacing "39" with "(39)"; and
 
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on page 87, line 22, by replacing "rule" with "ruling"; and
 
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on page 89, line 6, by replacing "OBRE" with "the Department 
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OBRE"; and
 
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on page 89, lines 20 and 21, by replacing "Commissioner" each 
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time it appears with "Secretary Commissioner"; and
 
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on page 91, line 10, by deleting ";"; and
 
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on page 92, line 17, by replacing "Section 20-20" with "Article 
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20"; and
 
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on page 93, line 10, immediately after "evidence", by inserting 
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","; and
 
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on page 93, line 25, by replacing "(e) (Blank)." with "(e)"; 
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and
 
 


 






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on page 94, line 22, by replacing "(f) (Blank)." with "(f)"; 
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and
 
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on page 95, line 3, by replacing "(g) (Blank)." with "(g)"; and
 
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on page 95, line 12, by replacing "(h) (Blank)." with "(h)"; 
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and
 
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on page 95, line 20, by replacing "(i) (Blank)." with "(i)"; 
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and
 
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on page 96, line 8, by replacing "(j) (Blank)." with "(j)"; and
 
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on page 97, line 14, by replacing "(k) (Blank)." with "(k)"; 
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and
 
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on page 97, line 26, by replacing "(m) (Blank)." with "(m)"; 
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and
 
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on page 99, line 12, after "after", by deleting "the"; and
 
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on page 99, line 14, by replacing "grounds for the rehearing" 
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with "particular grounds for rehearing"; and
 
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on page 99, line 17, by replacing "20-65" with "20-72"; and
 
 


 






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on page 100, lines 22 and 23, by replacing "A board member or 
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member may attend hearings." with "Any Board member may attend 
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the hearing."; and
 
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on page 100, line 24, by replacing "conclusion" with 
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"conclusions"; and
 
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on page 101, line 3, by replacing "the recommendation" with "a 
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recommendation"; and
 
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on page 104, line 3, after "collected", by inserting "under 
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this Act"; and
 
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on page 107, line 24, by replacing "Commissioner" with 
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"Secretary Commissioner"; and
 
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on page 116, by replacing lines 6 through 10 with the 
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following:
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"that shall be used in connection therewith. Five Board members 
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shall constitute a quorum. A quorum is required for all Board 
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decisions None of the functions, powers, or duties enumerated 
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in"; and
 
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on page 117, line 18, after "Department", by inserting "a"; and
 
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on page 119, line 7, by replacing "5,000" with "10,000"; and
 
 


 






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on page 119, line 8, by replacing "10,000" with "20,000"; and
 
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on page 119, lines 10 through 13, by deleting "Further, the 
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Department shall dedicate at least one of the investigators and 
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one of the prosecutors to investigate and prosecute complaints 
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and situations involving unlicensed practice of real estate 
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brokerage activities"; and
 
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on page 119, line 14, by replacing "." with "."; and
 
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on page 119, line 22, after "shall", by inserting ", at the 
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direction of the Department,"; and
 
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on page 119, line 24, after "fact", by inserting "to the 
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Department"; and
 
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on page 122, line 11, by replacing "OBRE" with "the Department 
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OBRE"; and
 
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on page 123, line 11, by replacing "OBRE" with "the Department 
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OBRE"; and
 
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on page 126, line 17, by replacing "OBRE" with "the Department 
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OBRE"; and
 
 


 






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on page 128, lines 2 and 3, by replacing "Board" each time it 
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appears with "Advisory Council"; and
 
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on page 128, by replacing lines 13 through 16 with the 
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following:
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"ex officio, without vote. Three Advisory Council members shall 
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constitute a quorum. A quorum is required for all Advisory 
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Council decisions. The Advisory"; and
 
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on page 134, line 20, by changing "of" to "of".