S.F. No. 0067 |
Real estate brokers and sales agents-opinions on value. |
Sponsored By: Senator(s) Perkins and Representative(s) Greear
AN ACT relating to real estate licensees; providing for opinions regarding the price of real estate; providing disclaimer language; providing definitions; providing conforming amendments; and providing for an effective date.
2/10/2012 Bill Number Assigned
2/13/2012 S Received for Introduction
2/14/2012 S Introduced and Referred to S07
ROLL CALL
Ayes: Senator(s) Anderson, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Jennings, Johnson, Landen, Martin, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0
2/16/2012 S07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Case, Hines, Johnson, Martin and Scott
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/16/2012 S Placed on General File
SF0067SS001/ADOPTED
Page 2-line 14 After "This" insert "is an"; after "opinion" insert "of price and".
Page 2-line 15 Before "appraisal" delete "an" and insert "a certified"; after "If" insert "such". CASE, CHAIRMAN
2/17/2012 S Passed CoW
2/20/2012 S Passed 2nd Reading
SF0067S3001/FAILED
Page 1-line 2 Delete "value" insert "price".
Page 1-line 10 Delete "value" insert "price".
Page 1-line 13 Delete "or".
Page 1-line 14 Delete "value".
Page 3-line 5 Delete "or value". PERKINS
2/21/2012 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Jennings, Landen, Martin, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Nays: Senator(s) Johnson
Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0
2/22/2012 H Received for Introduction
2/23/2012 H Introduced and Referred to H07
2/29/2012 H07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Blikre, Byrd, Jaggi, Kroeker, Stubson and Zwonitzer, Dn.
Nays: Representative(s) Illoway, Patton and Roscoe
Ayes 6 Nays 3 Excused 0 Absent 0 Conflicts 0
2/29/2012 H Placed on General File
SF0067HS001/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 1-Above line 1 In the catch title delete "value" insert "price".
Page 1-line 2 Delete "value" insert "price".
Page 1-line 3 After "language;" insert "providing a definition;".
Page 1-line 10 Delete "value" insert "price".
Page 1-line 13 Delete "an opinion regarding the price or".
Page 1-line 14 Delete through "estate" insert "a broker's price opinion".
Page 2-lines 7 through 12 Delete entirely and insert:
"(iii) To any third party, for any purpose permitted by law."
Page 2-line 14 Delete "broker or sales agent" insert "broker's price".
Page 2-line 21 After "W.S." insert "33‑28‑102(b) by creating a new paragraph (lxii) and by renumbering (lxii) as (lxiii) and"; delete "is" insert "are".
Page 2-after line 21 Insert:
"33‑28‑102. Definitions.
(b) As used in this act:
(lxii) "Broker's price opinion" means an estimate prepared by a licensee that details the probable selling price of real estate and provides a varying level of detail about the real estate's condition, market and neighborhood and information about sales of comparable real estate;
(lxii)(lxiii) "This
act" means W.S. 33‑28‑101 through 33‑28‑401.".
Page 3-line 7 Delete "or value". ILLOWAY, CHAIRMAN
SF0067HW001/ADOPTED (TO ENGROSSED COPY)
Page 1-above line 1 Delete the standing committee amendment (SF0067HS001/AE) to this line and further amend as follows: in the catch title after "brokers" delete balance of the line and insert "price opinions.".
Page 1-line 1 Delete "brokers and sales agents" insert "licensees".
Page 1-line 3 Delete the standing committee amendment (SF0067HS001/AE) to this line and further amend as follows: after "language;" insert "providing definitions;".
Page 1-line 10 Delete the standing committee amendment (SF0067HS001/AE) to this line and further amend as follows: delete "Opinions on value of real estate" insert "Broker's price opinions".
Page 1-line 12 After "(a) A" delete balance of the line.
Page 1-line 13 Delete "this state" insert "licensee".
Page 2-line 21 Delete the standing committee amendment (SF0067HS001/AE) to this line and further amend as follows: after "W.S." insert "33‑28‑102(b)(xlv)(intro), (M), (N), by creating a new subparagraph (O), by creating a new paragraph (lxii) and by renumbering (lxii) as (lxiii) and"; delete "is" insert "are".
Page 2-after line 21 In the house standing committee amendment to this line, before paragraph (lxii) created by that amendment, insert:
"(xlv) "Real estate activity" occurs when an individual for another and for compensation performs any one or more of the following:
(M) Assists or directs in the
negotiation of any transaction calculated or intended to result in the sale,
exchange, lease or rental of real estate; or
(N) Deals in time shares;.
(O) Provides a broker's price opinion as provided in W.S. 33‑28‑125.".
Page 3-line 6 Delete "broker or sales agent" insert "licensee". STUBSON
3/1/2012 H Passed CoW
SF0067H2001/FAILED (TO ENGROSSED COPY)
Page 1-line 4 After "amendments;" insert "amending grounds for discipline of licensees as specified;".
Page 2-line 21 Delete the Stubson committee of the whole amendment (SF0067HW001/AE) and the standing committee amendment (SF0067HW001/ACE) to this line and further amend as follows: after "W.S." insert "33‑28‑102(b)(xlv)(intro), (M), (N), by creating a new subparagraph (O), by creating a new paragraph (lxii) and by renumbering (lxii) as (lxiii), 33‑28‑111(a) by creating a new paragraph (xxxiv) and"; delete "is" insert "are".
Page 2-after line 21 After the Stubson committee of the whole amendment (SF0067HW001/AE) and the standing committee amendment (SF0067HW001/ACE) to this line, insert:
"33‑28‑111. Censure of licensee and suspension or revocation of license; grounds.
(a) The commission shall upon a written sworn complaint or may upon its own motion investigate the actions of any licensee conducting real estate activity regarding real estate located in Wyoming, impose an administrative fine not to exceed two thousand five hundred dollars ($2,500.00) for each separate offense and may censure a licensee, place a licensee on probation and set the terms of probation, suspend or revoke any license issued under this act for any of the following:
(xxxiv) Acting with gross negligence in regard to the accuracy of a broker's price opinion issued pursuant to W.S. 33‑28‑125.". GINGERY
3/2/2012 H Passed 2nd Reading
3/5/2012 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Barbuto, Blake, Blikre, Bonner, Brown, Burkhart, Byrd, Campbell, Cannady, Connolly, Craft, Esquibel, K., Freeman, Greear, Greene, Harshman, Harvey, Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, McOmie, Moniz, Nicholas, B., Pedersen, Petersen, Steward, Stubson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Berger, Botten, Brechtel, Buchanan, Childers, Davison, Edmonds, Eklund, Gay, Gingery, Hunt, McKim, Patton, Peasley, Petroff, Quarberg, Reeder, Roscoe, Semlek, Teeters and Vranish
Excused: Representative(s) Goggles and Miller
Ayes 37 Nays 21 Excused 2 Absent 0 Conflicts 0
3/5/2012 S Received for Concurrence
3/5/2012 S Did Concur
ROLL CALL
Ayes: Senator(s) Anderson, Barnard, Bebout, Burns, Christensen, Coe, Cooper, Dockstader, Driskill, Emerich, Geis, Hicks, Hines, Jennings, Landen, Martin, Meier, Nutting, Perkins, Ross, Schiffer, Scott and Von Flatern
Nays: Senator(s) Case, Esquibel, F., Hastert, Johnson, Nicholas, P., Peterson and Rothfuss
Ayes 23 Nays 7 Excused 0 Absent 0 Conflicts 0
3/6/2012 Assigned Number SEA No. 0031
3/6/2012 S President Signed SEA No. 0031
3/6/2012 H Speaker Signed SEA No. 0031
3/9/2012 Governor Signed SEA No. 0031
3/12/2012 Assigned Chapter Number
Chapter No. 0068 Session Laws of Wyoming 2012