75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to A-Eng. SB 640 (A to RC)
 
LC 2401/SB 640-A4
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 640
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                             May 28
 
  On page 5 of the printed A-engrossed bill, delete lines 27 and
28 and insert:
  ' (a) Has had a professional or occupational license related to
the topic of the course revoked for disciplinary reasons, or has
a professional or occupational license related to the topic of
the course that is currently suspended for disciplinary reasons;
or'.
  On page 6, after line 44, insert:
  '  { +  SECTION 10. + }  { + If House Bill 2910 becomes law,
section 7 of this 2009 Act (amending ORS 696.280) is repealed and
ORS 696.280, as amended by section 7, chapter ___, Oregon Laws
2009 (Enrolled House Bill 2910), is amended to read: + }
  ' 696.280. (1) A real estate broker or principal real estate
broker shall maintain within this state, except as provided in
subsection (4) of this section, complete and adequate records of
all professional real estate activity conducted by or through the
broker. The Real Estate Agency shall specify by rule the records
required to establish complete and adequate records of a broker's
professional real estate activity. The only documents the agency
may require by rule a real estate broker or principal real estate
broker to use or generate are documents that are otherwise
required by law or are voluntarily generated during a real estate
transaction.
  ' (2) The records of a real estate broker or a principal real
estate broker   { - shall - }   { + must + } include records of
attendance in continuing education courses by the real estate
broker or principal real estate broker. The records of attendance
 { - shall state the name of the real estate broker or principal
real estate broker and the date of attendance and shall be the
basis for self-certification under ORS 696.174 - }  { +  must
meet the requirements of ORS 696.174 (1) + }.
  ' (3) The records shall at all times be open for inspection by
the Real Estate Commissioner or the commissioner's authorized
representatives. The records of each transaction shall be
maintained by the licensee for a period of not less than six
years after the date the transaction closed or failed. The
records may be maintained in any format that allows for
inspection and copying by the commissioner or the commissioner's
representatives, as determined by the commissioner by rule.
  ' (4) The agency may prescribe by rule terms and conditions
under which a real estate broker or principal real estate broker
may maintain records outside this state.
  '  { +  SECTION 11. + } If House Bill 2910 becomes law, section
9 of this 2009 Act is amended to read:
  '  { +  Sec. 9. + } (1) Sections 4 to 6 of this 2009 Act and
the amendments to ORS 696.022, 696.174, 696.280 and 696.425 by
sections 1, 2,   { - 7 and - }  8  { + and 10 + } of this 2009
Act become operative on January 1, 2011.
 
  ' (2) The Real Estate Agency and the Real Estate Board may take
any action before the operative date specified in subsection (1)
of this section that is necessary to enable the agency and the
board to exercise, on and after the operative date specified in
subsection (1) of this section, all the duties, functions and
powers conferred on the agency and the board by sections 4 to 6
of this 2009 Act and the amendments to ORS 696.022, 696.174,
696.280 and 696.425 by sections 1, 2,   { - 7 and - }  8  { + and
10 + } of this 2009 Act.'.
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