Bill Text: HI SB204 | 2019 | Regular Session | Introduced


Bill Title: Relating To Real Estate.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-01-22 - Referred to CPH. [SB204 Detail]

Download: Hawaii-2019-SB204-Introduced.html

THE SENATE

S.B. NO.

204

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO REAL ESTATE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 467-2, Hawaii Revised Statutes, is amended to read as follows:

     "§467-2  Exceptions.  The provisions requiring licensing as a real estate broker or salesperson shall not apply:

     (1)  To any individual who, as owner of any real estate or acting under power of attorney from the owner, performs any of the acts enumerated in the definitions of real estate broker and real estate salesperson with reference to the real estate; provided that the term "owner" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or include an individual who acquires any interest in any real estate for the purpose or as a means of evading the licensing requirements of this chapter; and provided further that the term individual "acting under power of attorney" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or any individual who acts under a power of attorney for the purpose or as a means of evading the licensing requirements of this chapter;

     (2)  To any person acting as a receiver, trustee in bankruptcy, personal representative, or trustee acting under any trust agreement, deed of trust, or will, or otherwise acting under any order of authorization of any court;

     (3)  To any individual who leases, offers to lease, rents, or offers to rent, any real estate or the improvements thereon of which the individual is the custodian or caretaker;

     (4)  To any person who manages, rents, or operates a hotel; [or]

     (5)  To any provider agency owning, leasing, operating, or managing a homeless facility or any other program for the homeless authorized under part XVII of chapter 346[.]; or

     (6)  To any employee of an internal real estate management division of a business entity incorporated, formed, or organized under a law other than the laws of this State who negotiates no more than five commercial leases in this State on behalf of the business entity; provided that the employee is a duly licensed real estate broker or salesperson in the employee's state of domicile."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Real Estate Licensure; Exemption

 

Description:

Exempts persons who are employees of real estate management divisions within companies or corporations incorporated, organized, or formed outside the State from the State's real estate license requirement provided that the employees may negotiate only up to five commercial leases and are duly licensed in their state of domicile.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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