Licensing Fee Increases and More in Pending Ohio Budget Bill

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Licensing Fee Increases Pending Ohio Budget Bill 2 (1)

The Ohio legislature is considering changes to Ohio real estate license law as part of its 2019-2020 budget. Some of the changes involve fee increases and fingerprinting requirements and clarification on real estate transactions for medical marijuana permitted activities.

Some of the proposed fee increases are as follows:

New Fingerprinting Requirements

If enacted, each person applying for licensure will have to submit one complete set of fingerprint impressions to the Bureau of Criminal Identification and Investigation (BCI&I) for the purpose of conducting a criminal record check of both BCI&I and FBI records. The applicant will also be required to pay the fee associated with conducting the criminal records check. Those applicants that disclose criminal convictions on their application will be required to wait until the Superintendent receives the results of the criminal records check and decides that the applicant is of honest, truthful and good reputation. Those applicants that do not disclose criminal convictions on their application may proceed through the application process while the results of the criminal records check are pending. Should the applicant pass the licensure examination, the applicant will be issued a provisional license pending receipt of the criminal records check and confirmation that the applicant has no convictions. Those with provisional licenses will be permitted to engage in all activities that require an active real estate license until the provisional status is removed.

All real estate pre-licensing course providers will be required to notify students of the following:

  1. That a conviction of a criminal offense may disqualify an individual from obtaining a real estate license;
  2. The student’s rights under section 9.78 of the Revised Code to request a determination as to whether such a conviction will disqualify the student.

Medical Marijuana

Finally, the proposed legislation contains an exemption for licensees dealing in property relating to medical marijuana. It provides that a person who represents a party to a transaction involving the sale, purchase, exchange, lease or management of real property that is or will be used in the cultivation, processing, dispensing or testing of medical marijuana, shall not be subject to disciplinary sanctions as a consequence of those actions.

The budget bill is still pending concurrence between a version adopted in the Ohio house and amendments adopted in the Ohio senate. A full copy of the proposed legislation can be viewed at Am. Sub. H.B. No. 166.