72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 459
Senate Bill 34
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Committee on
Judiciary for Oregon State Bar Elder Law Section)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Exempts specified persons who may be engaged in professional
real estate activity from requirement to obtain real estate
license.
A BILL FOR AN ACT
Relating to professional real estate activity; amending ORS
696.030.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 696.030 is amended to read:
696.030. (1) ORS 696.010 to 696.375, 696.392, 696.395 to
696.430, 696.490, 696.600 to 696.785, 696.990 and 696.995 do not
apply to, and the term 'real estate licensee' does not include:
(a) A nonlicensed regular full-time employee of a single owner
of real estate whose { - activities involve - } { + real
estate activity involves + }the real estate of the employer and
{ - are - } { + :
(A) Is + } incidental to the employee's normal, nonreal estate
activities; or { - a nonlicensed regular full-time employee
whose activity involving such real estate - } { +
(B) + } Is the employee's principal activity, but the
employer's principal activity or business is not the sale,
exchange, lease option or acquisition of real estate.
(b) { - Any - } { + A + } nonlicensed person acting as
attorney in fact under a duly executed power of attorney from the
owner or purchaser authorizing the supervision of the closing of
or supervision of the performance of { - any - } { + a + }
contract for the sale, leasing or exchanging of real estate
if { + the power of attorney was executed prior to July 1, 2002,
in compliance with the requirements of law at the time of
execution or if + }:
(A) The power of attorney is recorded in the office of the
recording officer for the county in which the property to be
sold, leased or exchanged is located;
(B) The power of attorney specifically describes the real
estate to be sold, leased or exchanged; and
(C) The person does not use the power of attorney { + as a
device + } to engage in professional real estate activity { +
without obtaining the necessary real estate license + }.
(c) { - Any - } { + An + } attorney at law rendering
services in the performance of duties as an attorney at law.
(d) { - While acting as such, any receiver, trustee in
bankruptcy, personal representative; or any trustee or the
regular salaried employees thereof, acting under a trust
agreement, deed of trust or will - } { + A person acting in the
person's official capacity as a receiver, a trustee in
bankruptcy, a personal representative or a trustee, or a regular
salaried employee of the trustee, acting under a trust agreement,
deed of trust or will + }.
(e) { - Any - } { + A + }person { - doing any of the
acts - } { + performing an act + } of professional real estate
activity under order of { - any - } { + a + } court.
(f) A nonlicensed regular full-time employee { - employed by
and acting for - } { + of + } a single nonlicensed corporation,
partnership, association or individual owner { + of real
property acting for the corporation, partnership, association or
individual + } in the rental or management { + of the real
property + }, but not { + in the + } sale, exchange, lease
option or purchase of the real property { - of the employer - }
.
(g) { - Any - } { + A + } registered professional engineer
or architect rendering services in performance of duties as a
professional engineer or architect.
(h) A nonlicensed individual employed by a real estate broker
or principal real estate broker and acting as a manager for
{ - any - } real estate { - whose activities are - } { + if
the real estate activity of the nonlicensed individual is + }
limited to negotiating rental or lease agreements, { - the - }
checking { - of - } tenant and credit references, { - the
physical maintenance of - } { + physically maintaining + } the
real estate, { + conducting + } tenant relations { + , + }
{ - and the collection of - } { + collecting the + } rent
{ - , - } and { - the supervision of - } { + supervising
the + } premises' managers.
(i) { - Any person, partnership, association or corporation
or any employee of any such person while engaging in the
disposition of human bodies under the provisions of ORS 97.010 to
97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and
97.990, and engaged in the sale or leasing of cemetery lots,
parcels or units in Oregon - } { + A person, or an employee of
the person, selling or leasing cemetery lots, parcels or units
while engaged in the disposition of human bodies under ORS 97.010
to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920
and 97.990 + }.
(j) { - Any - } { + A + }salaried employee of the State of
Oregon, or any of its political subdivisions, { - while
engaged - } { + engaging + } in professional real estate
activity as a part of such employment.
(k) { - Any - } { + A + } nonlicensed person,
{ - organization, or any - } { + or a + } regular full-time
employee { - thereof - } { + of the person + }, { - as to
the activities of the person, organization, or employee in - }
analyzing or advising of permissible land use alternatives,
environmental impact, building and use permit procedures
{ - , - } or demographic market studies. This exclusion does
not apply to the handling of transactional negotiations for
transfer of an interest in real estate.
(L) { - Any - } { + A + } hotelkeeper or innkeeper as
defined by ORS 699.005 { - while - } { + arranging the rental
of transient lodging at a hotel or inn + } in the course of
business as a hotelkeeper or innkeeper.
(m) { - Any - } { + A + } travel agent { - who, in the
course of business as a travel agent for compensation,
arranges - } { + arranging + } the rental of transient lodging
at a hotel or inn as defined in ORS 699.005 { + in the course of
business as a travel agent for compensation + }. For the purpose
of this paragraph, 'travel agent' means a person,
{ - including employees thereof - } { + and employees of the
person + }, regularly { - engaged in the business of - }
representing and selling travel services to the public
{ - either - } directly or indirectly through other travel
agents { - , or both - } .
(n) { - Any - } { + A + } common carrier { - while in the
course of business as a common carrier in arranging for
compensation - } { + arranging + } the rental of transient
lodging at a hotel or inn as defined in ORS 699.005 { + in the
course of business as a common carrier + }. For the purpose of
this paragraph, 'common carrier' means a person who transports
{ - , - } or purports to be willing to transport persons
{ - , - } { + from place to place by rail, motor vehicle, boat
or aircraft + } for hire, compensation or consideration { - by
rail, motor vehicle, boat or aircraft from place to place - } .
(o) { - Any - } { + A + }hotel representative { - while
in the course of business as a hotel representative in - }
arranging { - for compensation - } the rental of transient
lodging at a hotel or inn as defined in ORS 699.005 { + in the
course of business as a hotel representative + }. For the purpose
of this paragraph, 'hotel representative' means a person who
provides reservations or sale services to independent hotels,
airlines, steamship companies and government tourist agencies.
(p) A nonlicensed person transferring or acquiring
{ - any - } { + an + } interest in real estate owned or to be
owned by the person.
(q) { - Any - } { + A + } general partner for a domestic or
foreign limited partnership duly registered and operating within
this state under ORS chapter 70 { - while - } engaging in the
sale of limited partnership interests and { - while engaging
in - } the acquisition, sale, exchange, lease, transfer or
management of the real estate of the limited partnership.
(r) A membership camping contract broker or salesperson
registered with the Real Estate Agency { - when engaged in the
sale of - } { + selling + } membership camping contracts.
(s) { - Any - } { + A + } professional forester or farm
manager { - who engages - } { + engaging + } in property
management { - activities - } { + activity + } on forest or
farm land when { - such activities are - } { + the activity
is + } incidental to the nonreal estate duties involving overall
management of forest or farm resources.
(t) { - Any - } { + A + } registered investment adviser
under the Investment Advisers Act of 1940, 15 U.S.C. s80b-1 et
seq.,
{ - when - } rendering real estate investment services for the
office of the State Treasurer or the Oregon Investment Council.
(u) { - Any - } { + A + } nonlicensed person who, for
compensation, refers a new tenant to a real estate licensee
acting as the property manager for { - the person's - } { +
a + } residential building or facility while the person resides
in the building or facility or within six months after
termination of the person's tenancy.
(v) { - Any - } { + A + } nonlicensed person who gives an
opinion in an administrative or judicial proceeding regarding the
value of real estate for taxation { - , - } or who represents a
taxpayer under ORS 305.230 or 309.100.
{ + (w) A nonlicensed person acting as a paid fiduciary whose
real estate activity is limited to negotiating or closing a
transaction to obtain the services of a real estate licensee. + }
{ + (x) A nonlicensed heir, devisee or family member of a
deceased owner of real property if the heir, devisee or family
member does not receive or expect to receive compensation for
real estate activity related to the disposition of real property
of the decedent. Receipt or expectation of receipt by an heir,
devisee or family member of property of the decedent by
inheritance, devise or otherwise in the disposition of the estate
of the decedent is not compensation for real estate activity. + }
(2) The vesting of title to real estate in more than one person
by tenancy by the entirety, tenancy in common or by survivorship
shall be construed as that of a single owner for the purposes of
this section.
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