69th OREGON LEGISLATIVE ASSEMBLY--1997 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 2034

                         House Bill 2284

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Tony
  Corcoran)


                             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 person advertising real property for sale from certain
licensing requirements.

                        A BILL FOR AN ACT
Relating to real property advertising; 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
696.435, 696.490, 696.600 to 696.730, 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 the real estate of the
employer and are incidental to the employee's normal, nonreal
estate activities; or a nonlicensed regular full-time employee
whose activity involving such real estate 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 nonlicensed person acting as attorney in fact under a
duly executed power of attorney from the owner authorizing the
supervision of the closing of or supervision of the performance
of any contract for the sale, leasing or exchanging of real
estate, if 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.
  (c) Any 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.
  (e) Any person doing any of the acts of professional real
estate activity under order of any court.
  (f) A nonlicensed regular full-time employee employed by and
acting for a single nonlicensed corporation, partnership,
association or individual owner in the rental or management, but
not sale, exchange, lease option or purchase of the real property
of the employer.

  (g) Any 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 a real estate organization and acting as a manager for any
real estate whose activities are limited to negotiating rental or
lease agreements, the checking of tenant and credit references,
the physical maintenance of the real estate, tenant relations and
the collection of rent, and the supervision of 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.
  (j) Any salaried employee of the State of Oregon, or any of its
political subdivisions, while engaged in professional real estate
activity as a part of such employment.
  (k) Any nonlicensed person, organization, or any regular
full-time employee thereof, 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 hotelkeeper or innkeeper as defined by ORS 699.005
while in the course of business as a hotelkeeper or innkeeper.
  (m) Any travel agent while in the course of business as a
travel agent in arranging for compensation the rental of
transient lodging at a hotel or inn as defined in ORS 699.005.
For the purpose of this paragraph, 'travel agent' means a person,
including employees thereof, 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 common carrier while in the course of business as a
common carrier in arranging for compensation the rental of
transient lodging at a hotel or inn as defined in ORS 699.005.
For the purpose of this paragraph, 'common carrier' means a
person who transports, or purports to be willing to transport
persons, for hire, compensation or consideration by rail, motor
vehicle, boat or aircraft from place to place.
  (o) Any 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.
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 interest
in real estate owned or to be owned by the person.
  (q) Any 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 agency when engaged in the sale of membership
camping contracts.
  (s) Any professional forester or farm manager who engages in
property management activities on forest or farm land when such
activities are incidental to the nonreal estate duties involving
overall management of forest or farm resources.
  (t) Any registered investment adviser under the Investment
Advisers Act of 1940, 15 U.S.C.  80b-1 et seq., when rendering
real estate investment services for the office of the State
Treasurer or the Oregon Investment Council.
   { +  (u) Any person engaged in advertising real property for
sale in anticipation of compensation conditioned upon sale of the
advertised property, but who does not provide any other services
relating to the sale of the advertised property. + }
  (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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