Missouri REALTORS®,
This is the first of what I plan to be periodic entries to keep you informed of what is taking place in the General Assembly. I say periodic because, with COVID, we’re unsure one week to the next if the General Assembly will be meeting.
This past week's largest Senate issue was Senate Substitute No. 2, a Senate Committee Substitute for Senate Bills 51 and 42. This act attempts to protect against litigation that may arise when a person becomes ill with COVID-19, alleging they contracted the disease due to being in a specific business or in contact with an individual providing a service. The initial proposal had a significant flaw because one of the protections hinged on posting a sign at the business entrance. Since REALTORS® don't always meet potential clients or customers at the office, we felt that including a written notice would offer REALTOR® members additional protection.
It took a while and a lot of people to make this happen. Lobbyist, Jason Zamkus and General Counsel, Steve Graham provided the legal expertise while I worked with my contacts and other associations to ensure that everyone understood this was an essential issue to Missouri REALTORS®.
The final language was not agreed on until roughly 11:00 pm Tuesday evening. The Senate didn't ‘perfect’ the bill until a little before 5:00 am Wednesday morning. This is not final. When legislation passes the Senate, it goes to the House. As I’m confident there will be additional discussion on many of the bill's issues, I've begun discussions with House members.
At some point, we may have to bring you, our members, into the discussion. I know you are busy but if we do a Call for Action on this or any other issue, understand that it’s essential you reply. Nothing gets a Representative or Senator's attention like a message from the district.
Additional issues of interest:
- Senator Denny Hoskins introduced SB 435. It allows a real estate licensee or multiple licensees to create an unlicensed LLC to receive commission payments from their associated broker. The LLC does not act as a shield against liability. Still, it does provide a method through which the licensee may, with the assistance of his/her accountant or tax professional, do financial planning.
- Representative Dan Houx introduced HB 695. This bill is identical to Senator Hoskins SB 435.
- Senator Justin Brown introduced SB 473. The bill provides additional guidance to real estate licensees in advertising when describing themselves or a team.
- REALTOR® Days kick off Wednesday, February 10 beginning with St. Louis REALTORS® and East Central Board of REALTORS®. REALTOR® Days are small group visits to the Capitol every Tuesday and Wednesday during the state legislative session. It’s a great opportunity for REALTORS® and Local Board/Association leaders to come together and communicate with elected officials. Most importantly, legislators get to hear directly from you, their constituents, about issues important to the real estate industry. To learn more about REALTOR® Days, contact Erin Hervey, Vice President of REALTOR® Party and Local Board Relations, at erin@morealtor.com. And stay tuned! Our Regional Advocacy Coordinators will be sharing REALTOR® Days highlights as they take place.
- Lastly, talking points for this legislative session include License Law, MONA (Missouri Nondiscrimination Act), and LIHTC and the Historic Tax Credit. To learn more about each topic and Missouri REALTORS® support rationale, visit our REALTOR® Days & Legislative Visit Resources page.
Sincerely,
Sam Licklider
Chief Lobbyist, Missouri REALTORS®