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As Amended by House Committee
Session of 2026
HOUSE BILL No. 2465
By Committee on Commerce, Labor and Economic Development
Requested by Representative Brunk
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AN ACT concerning discrimination; enacting the professionals' freedom
of expression act; providing protection for professionals and businesses
against adverse action as a result of an expression of beliefs by such
professional or business that is unrelated to such profession or business;
including such protections within the real estate brokers' and
salespersons' license act; amending K.S.A. 58-3034 and 58-3062 and
repealing the existing sections.
WHEREAS, The provisions of sections section 1 and 2 and the
amendments to K.S.A. 58-3034 and 58-3062 shall be known and may be
cited as the professionals' freedom of expression act.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Notwithstanding any other law, no governmental
entity or private licensing organization shall:
(1) Deny, revoke or suspend the license or any other certificate or
authorization required to do business of any professional or business based
solely on the beliefs of such professional or business or the lawful
expression of such beliefs by such professional or business in a setting that
is unrelated to such profession or business; or
(2) penalize, discipline, censure, disadvantage, discriminate against,
retaliate against or take any other adverse action against a professional or
business based solely on the beliefs of such professional or business or the
lawful expression of such beliefs by such professional or business in a
setting that is unrelated to such profession or business.
(b) Any person who has been injured or who is substantially likely to
be injured as a result of a violation of this section shall have a cause of
action against the governmental entity or private licensing organization
that committed such violation. In any such action, the court may award
actual damages, costs, attorney fees and such injunctive relief as the court
deems necessary.
(c) As used in this section:
(1) "Beliefs" mean any sincerely held religious beliefs, including, but
not limited to, beliefs regarding marriage, family or sexuality.
(2) "Governmental entity" means any state, county or city agency,
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HB 2465—Am. by HC 2
department, division, bureau or any political subdivision thereof that issues
licenses to or certifies or accredits individuals or businesses.
(3) "Private licensing organization" means any private or quasi-public
organization or association that issues licenses to or certifies or accredits
individuals or businesses.
New Sec. 2. (a) No individual, organization or association shall do
any of the following, based solely on the beliefs of a licensee or the lawful
expression of such beliefs by such licensee in a setting that is unrelated to
the real estate activities or transactions when such expression does not
otherwise violate the real estate brokers' and salespersons' license act:
(1) Deny any licensee access to, membership in or participation with
any multiple listing service or any real estate brokers' organization;
(2) discriminate against any licensee with respect to the terms and
conditions of access to, membership in or participation with any multiple
listing service or real estate brokers' organization; or
(3) discipline or take any other adverse action against any licensee
pursuant to the rules of any multiple listing service or real estate brokers'
organization.
(b) It shall be unlawful for any real estate brokers' organization or any
other organization or association that owns, controls, manages or
otherwise operates a multiple listing service to require membership in such
organization or association as a condition to having full access to such
multiple listing service. If any fee is required to be paid for access to any
such multiple listing service, then the fee required to be paid for such
access by nonmembers of such organization or association shall not exceed
the fee required to be paid by members of such organization or association.
(c) Any person who has been injured or who is substantially likely to
be injured as a result of a violation of this section shall have a cause of
action against the individual, organization or association that committed
such violation. In any such action, the court may award actual damages,
costs, attorney fees and such injunctive relief as the court deems necessary.
(d) As used in this section:
(1) "Beliefs" means any sincerely held religious beliefs, including,
but not limited to, beliefs regarding marriage, family or sexuality.
(2) "Real estate activities and transactions" means any actions,
activities and transactions carried out by a licensee in such licensee's
capacity as a real estate professional or in association with such licensee's
real estate business.
(e) This section shall be a part of and supplemental to the real estate
brokers' and salespersons' license act.
Sec. 3. K.S.A. 58-3034 is hereby amended to read as follows: 58-
3034. K.S.A. 58-3034 through 58-3077, and 58-3078 through 58-3085 58-
3086, and amendments thereto, and section 2, and amendments thereto,
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shall be known and may be cited as the real estate brokers' and
salespersons' license act.
Sec. 4. K.S.A. 58-3062 is hereby amended to read as follows: 58-
3062. (a) No licensee, whether acting as an agent, transaction broker or a
principal, shall:
(1) Fail to account for and remit any money which that comes into
the licensee's possession and which that belongs to others.
(2) Misappropriate moneys required to be deposited in a trust account
pursuant to K.S.A. 58-3061, and amendments thereto, convert such
moneys to the licensee's personal use or commingle the money or other
property of the licensee's principals with the licensee's own money or
property, except that nothing herein in this paragraph shall prohibit a
broker from having funds in an amount not to exceed $100 in the broker's
trust account to pay expenses for the use and maintenance of such account.
(3) Accept, give or charge any rebate or undisclosed commission.
(4) Pay a referral fee to a person who is properly licensed as a broker
or salesperson in Kansas or another jurisdiction or who holds a corporate
real estate license in another jurisdiction if the licensee knows that the
payment of the referral fee will result in the payment of a rebate by the
Kansas or out-of-state licensee.
(5) Represent or attempt to represent a broker without the broker's
express knowledge and consent.
(6) Guarantee or authorize any person to guarantee future profits that
may result from the resale of real property.
(7) Place a sign on any property offering it such property for sale or
lease without the written consent of the owner or the owner's authorized
agent.
(8) Offer real estate for sale or lease without the knowledge and
consent of the owner or the owner's authorized agent or on terms other
than those authorized by the owner or the owner's authorized agent.
(9) Induce any party to break any contract of sale or lease.
(10) Pay a commission or compensation to any person, not licensed
under this act, for performing any activity for which a such license is
required under this act.
(11) Fail to see that financial obligations and commitments between
the parties to an agreement to sell, exchange or lease real estate are in
writing, expressing the exact agreement of the parties or to provide, within
a reasonable time, copies thereof to all parties involved.
(12) Procure a signature to a purchase contract which that has no
definite purchase price, method of payment, description of property or
method of determining the closing date.
(13) Engage in fraud or make any substantial misrepresentation.
(14) Represent to any lender, guaranteeing agency or any other
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HB 2465—Am. by HC 4
interested party, either verbally or through the preparation of false
documents, an amount in excess of the true and actual sale price of the real
estate or terms differing from those actually agreed upon.
(15) Fail to make known to any purchaser or lessee any interest the
licensee has in the real estate the licensee is selling or leasing or to make
known to any seller or lessor any interest the licensee will have in the real
estate the licensee is purchasing or leasing.
(16) Fail to inform both the buyer, at the time an offer is made, and
the seller, at the time an offer is presented, that certain closing costs must
be paid and the approximate amount of such costs.
(17) Fail, without just cause, to surrender any document or instrument
to the rightful owner.
(18) Accept anything other than cash as earnest money unless that
fact is communicated to the owner prior to the owner's acceptance of the
offer to purchase, and such fact is shown in the purchase agreement.
(19) Fail to deposit any check or cash received as an earnest money
deposit or as a deposit on the purchase of a lot within five business days
after the purchase agreement or lot reservation agreement is signed by all
parties, unless otherwise specifically provided by written agreement of all
parties to the purchase agreement or lot reservation agreement, in which
case, the licensee shall deposit the check or cash received on the date
provided by such written agreement.
(20) Fail to respond in a timely manner to any request from the
commission or the commission's designee for documents or information
that concerns, directly or indirectly, any real estate transaction or the
licensee's real estate business.
(21) Refuse to appear or testify under oath at any hearing held by the
commission.
(22) Demonstrate incompetency to act as a broker, associate broker or
salesperson.
(23) Except as provided by K.S.A. 40-2404, and amendments thereto,
knowingly receive or accept, directly or indirectly, any rebate, reduction or
abatement of any charge, or any special favor or advantage or any
monetary consideration or inducement, involving the issuance of a title
insurance policy or contract concerning which the licensee is directly or
indirectly connected, from a title insurance company or title insurance
agent, or any officer, employee, attorney, agent or solicitor thereof.
(24) Engage in the purchase of one-, two-, three- or four-family
dwellings, including condominiums and cooperatives, or the acquisition of
any right, title or interest therein, including any equity or redemption
interests, if:
(A) (i) At the time of such purchase, the dwellings are subject to a
right of redemption pursuant to foreclosure of a mortgage on such
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HB 2465—Am. by HC 5
dwellings; (ii) the licensee fails to give written notice of the purchase,
within 20 days thereafter, to the mortgage holder or judgment creditor who
held such mortgage; and (iii) the licensee, unless otherwise required by
law or court order, fails to apply any rent proceeds from the dwellings to
the judgment lien arising from the foreclosure of such mortgage, as
payments become due under the loan, regardless of whether the licensee is
obligated to do so;
(B) (i) the dwellings are subject to a loan which that is secured by a
mortgage and which that is in default at the time of such purchase or in
default within one year after such purchase; (ii) the licensee fails to give
written notice of the purchase, within 20 days thereafter, to the mortgage
holder; and (iii) the licensee, unless otherwise required by law or court
order, fails to apply any rent proceeds from the dwellings to the mortgage
as the payments come due, regardless of whether the licensee is obligated
on the loan; or
(C) the licensee fails to notify, at the time of rental, any person
renting any such dwelling of the extent and nature of the licensee's interest
in such dwelling and the probable time until possession will be taken by
the mortgage holder or judgment creditor.
(25) Commit forgery or, unless authorized to do so by a duly
executed power of attorney, sign or initial any contractual agreement on
behalf of another person in a real estate transaction.
(26) Enter into contracts with persons not licensed by the commission
to perform services requiring a license under K.S.A. 58-3034 et seq., and
amendments thereto, except as provided by K.S.A. 58-3077, and
amendments thereto.
(b) No salesperson or associate broker shall:
(1) Except as provided in subparagraph (A) or (B), accept a
commission or other valuable consideration from anyone other than the
broker by whom the licensee is employed or with whom the licensee is
associated as an independent contractor.
(A) A salesperson or associate broker may accept a commission or
other valuable consideration from a licensee who employs the salesperson
or associate broker as a personal assistant provided that: (i) The licensee
and the salesperson or associate broker who is employed as a personal
assistant are licensed under the supervision of the same broker; and (ii) the
supervising broker agrees in writing that the personal assistant may be paid
by the licensee.
(B) If a salesperson or associate broker has organized as an
association, corporation, limited liability company, limited liability
partnership, partnership or professional corporation, the commission or
other valuable consideration may be paid by the licensee's broker to such
association, corporation, limited liability company, limited liability
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HB 2465—Am. by HC 6
partnership, partnership or professional corporation. This provision shall
not alter any other provisions of this act.
(2) Fail to place, as soon after receipt as practicable, any deposit
money or other funds entrusted to the salesperson or associate broker in
the custody of the broker whom the salesperson or associate broker
represents.
(3) (A) Except as provided by subparagraph (B), be employed by or
associated with a licensee at any one time other than the supervising
broker who employs such salesperson or associate broker or with who the
salesperson or associate broker is associated as an independent contractor.
(B) An associate broker may be employed by or associated with more
than one supervising broker at any one time if each supervising broker
who employs or associates with the associate broker consents to such
multiple employment or association. Such consent shall be on a form
provided by the commission and shall not be effective until a signed copy
of the completed form has been filed with the commission.
(4) Except as provided by subsection (b), pay a commission or
compensation to any person for performing any activity for which a
license is required under this act.
(5) (A) Fail to disclose to such salesperson's or associate broker's
supervising broker or branch broker that such salesperson or associate
broker is performing any activity for which a license is required under
K.S.A. 58-3036, and amendments thereto; or (B) perform any activity for
which a license is required under K.S.A. 58-3036, and amendments
thereto, outside the supervision of the supervising broker or branch broker.
The provisions of this subsection shall not apply to any activity or person
exempted from the real estate brokers' and salespersons' license act
pursuant to K.S.A. 58-3037, and amendments thereto.
(6) Fail to submit to the supervising broker or branch broker, within
10 business days, any document that must be maintained in the supervising
broker's or branch broker's business records for each real estate
transaction. The ten-day period shall commence when the document is
executed by the client or customer or, if a signature is not required or is not
obtained, upon presentation of a document to the client or customer.
(c) No broker shall:
(1) Pay a commission or compensation to any person for performing
the services of an associate broker or salesperson unless such person is
licensed under this act and employed by or associated with the broker.
(2) Fail to deliver to the seller in every real estate transaction, at the
time the transaction is closed, a complete, detailed closing statement
showing all of the receipts and disbursements handled by the broker for
the seller, or fail to deliver to the buyer a complete statement showing all
money received in the transaction from such buyer and how and for what
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HB 2465—Am. by HC 7
the same was disbursed, or fail to retain true copies of such statements in
the broker's files, except that the furnishing of such statements to the seller
and buyer by an escrow agent shall relieve the broker's responsibility to
the seller and the buyer.
(3) Fail to properly supervise the activities of an associated or
employed salesperson or associate broker.
(4) Lend the broker's license to a salesperson, or permit a salesperson
to operate as a broker.
(5) Fail to provide to the principal a written report every 30 days,
along with a final report, itemizing disbursements made by the broker
from advance listing fees.
(d) (1) If a purchase agreement provides that the earnest money be
held by an escrow agent other than a real estate broker, no listing broker
shall:
(A) Fail to deliver the purchase agreement and earnest money deposit
to the escrow agent named in the purchase agreement within five business
days after the purchase agreement is signed by all parties unless otherwise
specifically provided by written agreement of all parties to the purchase
agreement, in which case , the broker shall deliver the purchase agreement
and earnest money deposit to the escrow agent named in the purchase
agreement on the date provided by such written agreement; or
(B) fail to obtain and keep in the transaction file a receipt from the
escrow agent showing date of delivery of the purchase agreement and
earnest money deposit.
(2) If a purchase agreement provides that the earnest money be held
by an escrow agent other than a real estate broker and the property was not
listed with a broker, no broker for the buyer shall:
(A) Fail to deliver the purchase agreement and earnest money deposit
to the escrow agent named in the purchase agreement within five business
days after the purchase agreement is signed by all parties unless otherwise
specifically provided by written agreement of all parties to the purchase
agreement, in which case , the broker shall deliver the purchase agreement
and earnest money deposit to the escrow agent named in the purchase
agreement on the date provided by such written agreement; or
(B) fail to obtain and keep in the transaction file a receipt from the
escrow agent showing date of delivery of the purchase agreement and
earnest money deposit.
(3) (A) If a purchase agreement provides that the earnest money be
held by an escrow agent other than a real estate broker and neither the
seller nor buyer is represented by a broker, no transaction broker shall:
(A)(i) Fail to deliver the purchase agreement and earnest money
deposit to the escrow agent named in the purchase agreement within five
business days after the purchase agreement is signed by all parties unless
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HB 2465—Am. by HC 8
otherwise specifically provided by written agreement of all parties to the
purchase agreement, in which case the broker shall deliver the purchase
agreement and earnest money deposit to the escrow agent named in the
purchase agreement on the date provided by such written agreement; or
(B)(ii) fail to obtain and keep in the transaction file a receipt from the
escrow agent showing date of delivery of the purchase agreement and
earnest money deposit.
(B) The commission may adopt rules and regulations to require that
such purchase agreement which provides that the earnest money be held
by an escrow agent other than a real estate broker include:
(1)(i) Notification of whether or not the escrow agent named in the
purchase agreement maintains a surety bond; and
(2)(ii) notification that statutes governing the disbursement of earnest
money held in trust accounts of real estate brokers do not apply to earnest
money deposited with the escrow agent named in the purchase agreement.
(e) No licensee shall:
(1) Threaten to engage in or engage in physical abuse or engage in
harassment towards:
(A) A client or customer or a former client or customer;
(B) another licensee;
(C) commission members or staff;
(D) staff of the office of administrative hearings;
(E) staff from any real estate trade association or multiple listing
service; or
(F) any person from another business or industry whose services are
requested or required as part of a real estate transaction;
(2) threaten to file or file a lien on residential property;
(3) conduct real estate business with impaired judgment or objectivity
as the result of mental illness or addiction to alcohol or controlled
substances;
(4) be finally adjudicated by a federal or state agency and found to be
guilty of a violation of a federal or state law regulating the real estate
industry or regulating a closely related industry whose licensees or
members are commonly involved in real estate matters;
(5) be finally adjudicated by a federal or state agency and found to be
guilty of a violation of a federal or state law prohibiting discrimination
against any client or customer on the basis of color, race, gender, religion,
national origin, age, disability or familial status; or
(6) intentionally misappropriate or misuse any personal property or
real property of a client or customer.
(f) No applicant or licensee shall:
(1) Engage in fraud or make any substantial misrepresentation to the
commission;
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HB 2465—Am. by HC 9
(2) commit forgery in any representation or document submitted to
the commission;
(3) sign or initial, on behalf of another person, any application, for or
accompanying document submitted to the commission unless authorized to
do so by a duly executed power of attorney;
(4) interfere with any investigation, administrative proceeding, quasi-
judicial proceeding or any other disciplinary matter of the commission,
including, but not limited to:
(A) Threatening to engage in or engaging in physical abuse or
harassment toward any witness, complainant or individual listed in
subsection (e)(1);
(B) destroying evidence;
(C) refusing or failing to appear or testify under oath at any hearing;
or
(D) refusing or failing to respond in a timely manner to any request
from the commission or the commission's designee for documents or
information that concerns directly or indirectly any real estate transaction
or the licensee's real estate business;
(5) fail without just cause to surrender any document or instrument to
the rightful owner; or
(6) demonstrate incompetency to act as a broker, associate broker or
salesperson in dealings with the commission, including the repeated failure
to:
(A) Submit required forms to the commission in a timely and
complete manner;
(B) make available to the commission all records relating to the real
estate business; or
(C) comply with the provisions of this subsection.
(g) A branch broker shall not be employed by or associated with more
than one supervising broker at any one time unless each supervising broker
who employs or associates with the branch broker consents to such
multiple employment or association. Such consent shall be on a form
provided by the commission and shall not be effective until a signed copy
of the completed form has been filed with the commission.
(h) A violation of section 2, and amendments thereto, by a licensee
shall constitute a prohibited act under this section.
(i) Nothing in this section shall be construed to grant any person a
private right of action for damages or to eliminate any right of action
pursuant to other statutes or common law.
Sec. 5. K.S.A. 58-3034 and 58-3062 are hereby repealed.
Sec. 6. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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