Revise real property manager licensing laws

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69th Legislature 2025 SB 442
- 1 - Authorized Print Version – SB 442
ENROLLED BILL
AN ACT EXCLUDING MANAGERS OF LICENSED LODGING ESTABLISHMENTS AS DEFINED IN 50-51-102
FROM REAL PROPERTY MANAGER LICENSING REQUIREMENTS; AMENDING SECTION 37-56-104,
MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 37-56-104, MCA, is amended to read:
"37-56-104. Exemptions from requirement of property manager license. (1) The property
manager licensing provisions of this part do not apply to:
(a) an owner of a business entity that owns the property;
(b) an owner of a business entity that manages the property for an owner that is exempt under
subsection (1)(a). However, all owners of the business entity that owns the property and all owners of the
business entity that manages the property must be relatives as provided in subsection (1)(c) or (1)(d).
(c) the spouse of the property owner;
(d) the child, descendant of a child, sibling, parent, niece, nephew, aunt, or uncle of either the
property owner or the spouse of the property owner;
(e) a person who leases no more than four residential real estate units;
(f) a person acting as attorney-in-fact under a power of attorney;
(g) an attorney at law in the performance of duties as an attorney;
(h) a person acting pursuant to a court order or a trustee;
(i) an officer of the state or a political subdivision in the conduct of official duties;
(j) a person who receives reduced rent or salary, unless that person holds signatory authority on
the trust account;
(k) a person employed by the owner of the real estate if that person's property management duties
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69th Legislature 2025 SB 442
- 2 - Authorized Print Version – SB 442
ENROLLED BILL
are incidental to the person's other employment-related duties; or
(l) a person managing an establishment licensed under Title 50, chapter 51; or
(l)(m) a person employed on a salaried basis by only one person.
(2) A broker or salesperson licensed under Title 37, chapter 51, may act as a property manager. A
salesperson may not act as a property manager without a supervising broker.
(3) For the purposes of subsections (1)(a) and (1)(b), "owner" means a person who is a:
(a) sole proprietor;
(b) managing member of a limited liability company;
(c) shareholder of a corporation; or
(d) partner in a partnership."
Section 2. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
SB 442, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 442
INTRODUCED BY S. VINTON
AN ACT EXCLUDING MANAGERS OF LICENSED LODGING ESTABLISHMENTS AS DEFINED IN 50-51-102
FROM REAL PROPERTY MANAGER LICENSING REQUIREMENTS; AMENDING SECTION 37-56-104, MCA;
AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.