72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 3380
LC 2366/HB 3380-6
HOUSE AMENDMENTS TO
HOUSE BILL 3380
By COMMITTEE ON GENERAL GOVERNMENT
April 29
On page 1 of the printed bill, line 2, after '182.466 ' insert
', 674.100, 674.170, 674.364, 674.850 and 674.990 and section 1,
chapter 409, Oregon Laws 2001; appropriating money; and declaring
an emergency'.
Delete lines 4 through 31 and delete page 2 and insert:
' { + SECTION 1. + } ORS 182.466 is amended to read:
' 182.466. In addition to other powers granted by ORS 182.456
to 182.472 and by the statutes specifically applicable to a
board, a board may:
' (1) Sue and be sued in its own name.
' (2) { + Except as provided in this subsection, + }
notwithstanding ORS { - chapter - } { + chapters 276 and + }
279, enter into { + , as appropriate, borrowing obligations
permitted under the Oregon Constitution and statute laws of this
state and repayable solely from fees or other revenues generated
by the board, leases, including lease with option to purchase,
installment purchases, rental agreements and other + }
contracts { + , + } and { - acquire, hold, own, - }
{ + mortgage or otherwise + } encumber { - , issue, replace,
deal in and with and dispose of - } real and personal
property. { + The right to receive payment from a board under an
agreement entered into pursuant to this subsection may not be
transferred or assigned in whole or in part without the written
consent of the Oregon Department of Administrative Services.
' (3) Notwithstanding ORS chapters 276 and 279, deal in and
with real and personal property of any nature in the board's own
name, including but not limited to using, acquiring, purchasing,
receiving, holding, holding title to, investing in, erecting,
constructing, developing, repairing, maintaining, improving,
equipping, furnishing, managing, operating, issuing, licensing,
leasing, lending, replacing and selling, conveying or otherwise
disposing of the property.
' (4) Borrow moneys for the needs of the board in amounts, on
terms and for periods, as the board determines. + }
' { - (3) - } { + (5) + } Notwithstanding ORS 670.300, fix a
per diem amount to be paid to board members for each day or
portion thereof during which the member is actually engaged in
the performance of official duties. Board members may also
receive actual and necessary travel expenses or other expenses
actually incurred in the performance of their duties. If an
advisory council or peer review committee is established under
the law that governs the board, the board may also fix and pay
amounts and expenses for members thereof.
' { - (4) - } { + (6) + } Set the amount of any fee required
by statute and establish by rule and collect other fees as
determined by the board. Fees shall not exceed amounts necessary
for the purpose of carrying out the functions of the board.
Notwithstanding ORS 183.335 and except as provided in this
subsection, a board shall hold a public hearing prior to adopting
or modifying any fee without regard to the number of requests
received to hold a hearing. A board shall give notice to all
licensees of the board prior to holding a hearing on the adoption
or modification of any fee. A board may adopt fees in conjunction
with the budget adoption process described in ORS 182.462.
' { - (5) - } { + (7) + } Subject to any other statutory
provisions, adopt procedures and requirements governing the
manner of making application for issuance, renewal, suspension,
revocation, restoration and related activities concerning
licenses that are under the jurisdiction of a board.
' { + SECTION 2. + } ORS 674.100 is amended to read:
' 674.100. (1)(a) { - No - } { + A + } person
{ - shall - } { + may not + } engage in, carry on, advertise
or purport to engage in or carry on real estate appraisal
activity within this state without first obtaining certification
or licensure as provided for in ORS 674.310.
' (b) Real estate appraisal activity is the preparation,
completion and issuance of an opinion as to the value on a given
date or at a given time of real property or any interest in real
property, whether such activity is performed in connection with a
federally related transaction or is not performed in connection
with a federally related transaction. Notwithstanding any other
provision of law, a state certified appraiser or a state licensed
appraiser:
' (A) Is not required to be licensed under ORS 696.022 to
perform any real estate appraisal activity or any other activity
that constitutes the giving of an opinion as to the value of real
property or any interest in real property; and
' (B) Is not subject to regulation under ORS 696.010 to 696.495
and 696.600 to 696.995 in connection with the performance of any
real estate appraisal activity or the performance of any activity
{ - which - } { + that + } constitutes the giving of an
opinion as to the value of real estate or any interest in real
estate.
' (2) Real estate appraisal activity excludes any activity that
is not performed in connection with a federally related
transaction and that:
' (a) Is performed by a nonlicensed regular full-time employee
of a single owner of real estate, if the activity involves the
real estate of the employer and is incidental to the employee's
normal, nonreal estate activities;
' (b) Is performed by a nonlicensed regular full-time employee
whose activity involves the real estate of the employer, when
such activity is the employee's principal activity, but the
employer's principal activity or business is not the appraisal of
real estate;
' (c) Is performed by any attorney at law rendering services in
the performance of duties as an attorney at law;
' (d) Is performed by any registered geologist, registered
professional engineer or architect rendering services as a
registered geologist, registered professional engineer or
architect;
' (e) Is performed by a certified public accountant rendering
services as a certified public accountant;
' (f) Is performed by a mortgage banker rendering services as a
mortgage banker;
' (g) Constitutes a letter opinion or a competitive market
analysis as those terms are defined in ORS 696.010 that, by
administrative or judicial order or subpoena, is compelled from a
person licensed to engage in real estate activity under ORS
696.022;
' (h) Is performed by any salaried employee of the State of
Oregon or any of its political subdivisions while engaged in the
performance of the duties of such employee;
' (i) Is limited to analyzing or advising of permissible land
use alternatives, environmental impact, building and use permit
procedures or demographic market studies, if the performance of
such activities does not involve the rendering of an opinion as
to the value of the real estate in question;
' (j) Is performed by a professional forester appraising or
valuing timber, timberland or both as part of services performed
as a private consultant in forest management, but only if, in the
case of timberland, the appraisal or valuation is limited to the
use of the land as forestland;
' (k) Is limited to the giving of an opinion in any
administrative or judicial proceeding regarding the value of real
estate for taxation;
' (L) Is limited to a person not licensed under ORS chapter 696
who is giving an opinion regarding the value of real estate if
the person's business is not the appraisal, selling or listing of
real estate, and such activity is performed without compensation.
This paragraph does not apply to a person conducting
transactional negotiations on behalf of another person for
transfer of an interest in real property;
' (m) Is limited to a person not licensed under ORS chapter 696
who is transferring or acquiring an interest in real estate; or
' (n) Is performed by a home inspector acting within the scope
of a certificate or license issued under ORS chapter 701.
' (3)(a) 'Real estate appraisal activity' does not include an
analysis, evaluation, opinion, conclusion, notation or
compilation of data prepared by a financial institution or
affiliate, a consumer finance company licensed under ORS chapter
725, or by an insurance company or affiliate, made for internal
use only by the financial institution or affiliate, consumer
finance company or by the insurance company or affiliate,
concerning an interest in real estate for ownership or collateral
purposes by the financial institution or affiliate, by the
consumer finance company licensed under ORS chapter 725, or by
the insurance company or affiliate. Nothing in this subsection
shall be construed to excuse a financial institution or affiliate
from complying with the provisions of Title XI of the federal
Financial Institutions Reform, Recovery and Enforcement Act of
1989 (12 U.S.C. 3310 et seq.).
' (b) As used in this section, 'evaluation' means a study of
the nature, quality or utility of a parcel of real estate or
interests in, or aspects of, real property in which a value
estimate is not necessarily required.
' (4)(a) As used in this section, 'purport to engage in or
carry on real estate appraisal activity' means the display of a
card, sign, advertisement or other printed, engraved or written
instrument bearing the person's name in conjunction with the term
' appraiser,' 'licensed appraiser,' 'certified appraiser' or '
appraisal' or any oral statement or representation of
certification or licensure by the Appraiser Certification and
Licensure Board made by a person.
' (b) Each display or statement described in paragraph (a) of
this subsection by a person not licensed or certified by the
board is a separate violation under ORS { + 674.850 or + }
674.990.
' (c) In any proceeding under ORS { + 674.850 or + } 674.990,
a display or statement described in paragraph (a) of this
subsection shall be considered prima facie evidence that the
person named in the display or making the statement purports to
engage in or carry on real estate appraisal activity.
' { + SECTION 3. + } ORS 674.170 is amended to read:
' 674.170. (1) On the request of the administrator of the
Appraiser Certification and Licensure Board and { + with + }
written consent of the person about whom information is being
requested, the Department of State Police shall furnish to the
administrator such information as the Department of State Police
may have in its possession from its central bureau of criminal
identification including, but not limited to, manual or
computerized information concerning any applicant or licensee
regulated under this chapter.
' (2) { + (a) + } On the request of the administrator, the
Department of State Police shall conduct nationwide criminal
{ + records + } checks through the Federal Bureau of
Investigation of any applicant or licensee regulated under this
chapter { + , including checking the applicant's or licensee's
fingerprints, and shall report the results to the board + }.
{ - A person making application for a license or a certificate
under this chapter shall be deemed, upon signing or with
signature upon the application filed under this chapter, to have
given consent necessary for purposes of this section. - }
' { + (b) The bureau shall either return or destroy the
fingerprint cards used in the criminal records checks and may not
keep any record of the fingerprints. However, if the bureau
policy authorizing return or destruction of the fingerprint cards
is changed, the board shall cease to send the cards to the bureau
but shall continue to process the information through other
available resources.
' (c) If the bureau returns the fingerprint cards to the
department, the department shall return the fingerprint cards to
the board. The board shall destroy the fingerprint cards and may
not retain facsimiles or other material from which a fingerprint
can be reproduced.
' (d) For purposes of receiving the information described in
this section, the board is considered to be a 'designated agency
' under ORS 181.010 to 181.560 and 181.715 to 181.730 and the
rules adopted under ORS 181.555. + }
' (3) The { - Appraiser Certification and Licensure - }
board shall adopt rules to restrict dissemination of information
received under this section to persons with a demonstrated and
legitimate need to know the information.
' (4) The { - Appraiser Certification and Licensure - }
board may charge an applicant or licensee a fee as set by rule by
the board not to exceed the board's actual cost to obtain the
information provided for in this section.
' { + SECTION 4. + } ORS 674.364 is amended to read:
' 674.364. (1) { - Except where otherwise specifically
provided by ORS 674.850 and 674.990, all - } Moneys collected or
received by the Appraiser Certification and Licensure Board
{ - , placed to the credit of the board and remaining unexpended
and unobligated on August 21, 2001, and all moneys collected or
received by the board after August 21, 2001, - } shall be
deposited into an account established by the board in a
depository bank insured by the Federal Deposit Insurance
Corporation. In a manner consistent with the requirements of ORS
chapter 295, the chairperson of the board shall ensure that
sufficient collateral secures any amount of funds on deposit that
exceeds the limits of the Federal Deposit Insurance Corporation's
coverage. All moneys in the account are continuously appropriated
to the board for the purpose of carrying out the functions of the
board.
' (2) Subject to the approval of the chairperson, the board may
invest moneys collected or received by the board. Investments
made by the board are:
' (a) Limited to investments described in ORS 294.035;
' (b) Subject to the investment maturity date limitations
described in ORS 294.135; and
' (c) Subject to the conduct prohibitions listed in ORS
294.145.
' (3) Interest earned from any moneys invested under subsection
(2) of this section shall be made available to the board in a
manner consistent with the board's annual budget.
' (4) Subject to the approval of the chairperson, all necessary
board expenses shall be paid from the moneys collected or earned
by the board.
' (5) As used in this section, 'depository bank' has the
meaning given that term in ORS 295.005.
' { + SECTION 5. + } ORS 674.850 is amended to read:
' 674.850. (1) { + The Appraiser Certification and Licensure
Board may impose a civil penalty, not to exceed $500 for each
violation, on + } any person who violates any provision of ORS
674.130 to 674.150, { - 674.310 and 674.330, or - } any rule
or final order of the { - Appraiser Certification and
Licensure - } board or any final judgment or decree made by any
court upon application of the board { - , may be required to
forfeit and pay to the General Fund of the State Treasury a civil
penalty in an amount determined by the board of not more than
$500 for each offense. Each violation shall be deemed a separate
offense - } .
' { - (2) Civil penalties under this section shall be imposed
as provided in ORS 183.090. - }
' { + (2) The board may impose a civil penalty on any person
who violates ORS 674.100 (1). The penalty amount must be:
' (a) Not less than $100 and not more than $500 for the first
violation; and
' (b) Not less than $500 and not more than $1,000 for
subsequent violations.
' (3) In addition to the civil penalties set forth in
subsection (2) of this section, the board may impose a civil
penalty on any person who violates ORS 674.100 (1) not to exceed
the amount by which the person profited in the transaction in
violation of ORS 674.100 (1).
' (4) When an order assessing a civil penalty under subsection
(2) or (3) of this section becomes final by operation of law or
on appeal, and the amount of penalty is not paid within 10 days
after the order becomes final, the order may be recorded with the
county clerk in any county of this state. The clerk shall
thereupon record the name of the person incurring the penalty and
the amount of the penalty in the County Clerk Lien Record.
' (5) The board must impose civil penalties under this section
in the manner provided in ORS 183.090. + }
' { - (3) - } { + (6) + } The provisions of this section are
in addition to and not in lieu of any other enforcement provision
contained in ORS { - 674.130 to 674.150, - } { + 674.140
and + } 674.310 { - and 674.330 - } .
' { - (4) - } { + (7) + } The remedies provided in
{ - subsections (1) to (3) of - } this section are in addition
to and not exclusive of any other remedies provided by law.
' { + SECTION 6. + } ORS 674.990 is amended to read:
' 674.990. (1) Violation of ORS 674.100 (1) is a Class A
misdemeanor.
' (2) Any officer, director or shareholder or agent of a
corporation, or member or agent of a partnership or association,
who personally participates in or is an accessory to any
violation of ORS 674.100 (1) by the partnership, association or
corporation, is subject to the penalties prescribed in subsection
(1) of this section.
' { - (3) Any person who violates ORS 674.100 (1) may be
required by the Appraiser Certification and Licensure Board to
forfeit and pay to the General Fund of the State Treasury a civil
penalty in an amount determined by the board of: - }
' { - (a) Not less than $100 nor more than $500 for the first
offense of uncertified or unlicensed real estate appraisal
activity; and - }
' { - (b) Not less than $500 nor more than $1,000 for the
second and subsequent offenses of uncertified or unlicensed real
estate appraisal activity. - }
' { - (4) In addition to the civil penalties set forth in
subsection (3) of this section, any person who violates ORS
674.100 (1) may be required by the board to forfeit and pay to
the General Fund of the State Treasury a civil penalty in an
amount determined by the board but not to exceed the amount by
which such person profited in any transaction that violates ORS
674.100 (1). - }
' { - (5) When an order assessing a civil penalty under this
section becomes final by operation of law or on appeal, and the
amount of penalty is not paid within 10 days after the order
becomes final, the order may be recorded with the county clerk in
any county of this state. The clerk shall thereupon record the
name of the person incurring the penalty and the amount of the
penalty in the County Clerk Lien Record. - }
' { - (6) Civil penalties under this section shall be imposed
as provided in ORS 183.090. - }
' { - (7) The civil penalty provisions of subsections (3) and
(4) of this section are in addition to and not in lieu of the
criminal penalties for unlicensed real estate appraisal activity
in subsections (1) and (2) of this section. - }
' { + SECTION 7. + } Section 1, chapter 409, Oregon Laws
2001, is amended to read:
' { + Sec. 1. + } (1) The establishment of the State
Landscape Contractors Board as a semi-independent state agency
under the amendments to ORS 182.451 and 671.630 by sections 2 and
6 { - of this 2001 Act - } { + , chapter 409, Oregon Laws
2001, + } does not act to cancel, suspend or prevent:
' (a) Any lawful debt owing by or to the State Landscape
Contractors Board;
' (b) Any fine, penalty, tax or obligation;
' (c) Any contract or other obligation; or
' (d) Any action taken by or on behalf of the State Landscape
Contractors Board in the administration and enforcement of ORS
671.510 to 671.710, 671.720 or 671.990 { - (2) - } .
' (2) The amendments to ORS 670.605 by section 4 { - of this
2001 Act - } { + , chapter 409, Oregon Laws 2001, + } do not
cancel, suspend, invalidate or prevent enforcement of any rule
adopted pursuant to ORS 670.605 prior to the operative date of
the amendments to ORS 670.605 by section 4 { - of this 2001
Act - } { + , chapter 409, Oregon Laws 2001 + }. Any rule
adopted pursuant to ORS 670.605 in effect on the operative date
of the amendments to ORS 670.605 by section 4 { - of this 2001
Act - } { + , chapter 409, Oregon Laws 2001, + } continues in
full force and effect and is applicable for purposes of enforcing
ORS 671.510 to 671.710, 671.720 and 671.990 { - (2) - } unless
later superseded.
' (3) Notwithstanding ORS 182.466 { - (4) - } and the
amendments to ORS 671.570, 671.650 and 671.660 by sections 5, 7
and 8 { - of this 2001 Act - } , { + chapter 409, Oregon Laws
2001, + } the fee structure utilized by the State Landscape
Contractors Board immediately prior to the operative date of the
amendments to ORS 671.570, 671.650 and 671.660 by sections 5, 7
and 8 { - of this 2001 Act - } { + , chapter 409, Oregon Laws
2001, + } continues in full force and effect until superseded by
a fee structure adopted by the board on or after the operative
date of the amendments to ORS 671.570, 671.650 and 671.660 by
sections 5, 7 and 8 { - of this 2001 Act - } { + , chapter
409, Oregon Laws 2001 + }.
' (4) Notwithstanding ORS 182.468 { - (3) - } , except as
provided in this subsection, the State Landscape Contractors
Board shall continue to employ all classified employees employed
by the board immediately prior to the operative date of the
amendments to ORS 182.451 and 671.630 by sections 2 and 6
{ - of this 2001 Act - } , { + chapter 409, Oregon Laws
2001, + } subject to state personnel laws and collective
bargaining agreements. The Construction Contractors Board and the
State Landscape Contractors Board may agree on transfers of
classified employees who are jointly utilized by the boards
immediately prior to the operative date of the amendments to ORS
182.451 and 671.630 by sections 2 and 6 { - of this 2001
Act - } { + , chapter 409, Oregon Laws 2001, + } subject to
state personnel laws and collective bargaining agreements.
' (5) Notwithstanding ORS 182.468 { - (3) - } , the
Construction Contractors Board and the State Landscape
Contractors Board are bound by any collective bargaining
agreement entered into by this state on behalf of the boards on,
before or after the operative date of the amendments to ORS
182.451 and 671.630 by sections 2 and 6 { - of this 2001
Act - } { + , chapter 409, Oregon Laws 2001 + }.
' (6) The establishment of the State Landscape Contractors
Board as a semi-independent state agency under ORS 182.451 and
671.630 does not affect the status of any collective bargaining
unit as the appropriate bargaining unit for State Landscape
Contractors Board employees.
' (7) Supplies, materials, equipment, records, books, papers
and facilities controlled by the State Landscape Contractors
Board immediately prior to the operative date of the amendments
to ORS 182.451 and 671.630 by sections 2 and 6 { - of this 2001
Act - } { + , chapter 409, Oregon Laws 2001, + } continue to be
under the control of the board.
' (8) Notwithstanding ORS 182.462 and 183.335 { - (6) - } ,
for the period beginning on the operative date of the amendments
to ORS 182.451 and 671.630 by sections 2 and 6 { - of this 2001
Act - } { + , chapter 409, Oregon Laws 2001, + } and ending on
June 30, 2003, or for any portion of that period, the State
Landscape Contractors Board may adopt a budget by temporary rule
under ORS 183.335 { - (5) - } . For the period beginning on the
operative date of the amendments to ORS 182.451 and 671.630 by
sections 2 and 6 { - of this 2001 Act - } { + , chapter 409,
Oregon Laws 2001, + } and ending on the earlier of June 30, 2003,
or the date the board adopts a budget under this subsection,
board operations continue to be governed by the expenditure
classifications and amounts established in the legislatively
approved budget of the board for the biennium ending June 30,
2003.
' { + SECTION 8. + } { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect on its passage. + } ' .
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