PRINTER'S NO. 82
No. 84 Session of 2003
INTRODUCED BY MOWERY, CORMAN, ERICKSON, KITCHEN, ORIE, WAUGH AND
M. WHITE, JANUARY 28, 2003
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JANUARY 28, 2003
AN ACT
1 Amending the act of February 19, 1980 (P.L.15, No.9), entitled
2 "An act establishing the State Real Estate Commission and
3 providing for the licensing of real estate brokers and
4 salesmen," further providing for exclusions.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 304 of the act of February 19, 1980
8 (P.L.15, No.9), known as the Real Estate Licensing and
9 Registration Act, amended June 29, 1990 (P.L.246, No.58), is
10 amended to read:
11 Section 304. Exclusions.
12 Except as otherwise provided in this act, the provisions of
13 this act shall not apply to the following:
14 (1) An owner of real estate with respect to property
15 owned or leased by such owner. In the case of a partnership
16 or corporation, this exclusion shall not extend to more than
17 five of its partners or officers, respectively, nor to other
18 partnership or corporation personnel or employees.
1 (2) The employees of a public utility acting in the
2 ordinary course of utility-related business under the
3 provisions of Title 66 of the Pennsylvania Consolidated
4 Statutes (relating to public utilities), with respect to
5 negotiating the purchase, sale or lease of property.
6 (3) The officers or employees of a partnership or
7 corporation whose principal business is the discovery,
8 extraction, distribution or transmission of energy or mineral
9 resources, provided that the purchase, sale or lease of real
10 estate is a common and necessary transaction in the conduct
11 of such principal business.
12 (4) The services rendered by an attorney-in-fact under
13 an executed and recorded power of attorney from the owner or
14 lessor (provided such power of attorney is not utilized to
15 circumvent the intent of this act) or by an attorney at law.
16 (5) A person acting as trustee in bankruptcy,
17 administrator, executor, trustee or guardian while acting
18 under a court order or under the authority of a will or of a
19 trust instrument.
20 (6) The elected officer or director of any banking
21 institution, savings institution, savings bank, credit union
22 or trust company operating under applicable Federal or State
23 laws where only the real estate of the banking institution,
24 savings institution, savings bank, credit union or trust
25 company is involved.
26 (7) Any officer or employee of a cemetery company who,
27 as incidental to his principal duties and without
28 remuneration therefor, shows lots in such company's cemetery
29 to persons for their use as a family burial lot and who
30 accepts deposits on such lots for the representatives of the
20030S0084B0082 - 2 -
1 cemetery company legally authorized to sell the same.
2 (8) Cemetery companies and cemeteries owned or
3 controlled by a bona fide church [or], religious congregation
4 [or], fraternal organization, community, municipality or
5 nonprofit corporation or by any association created by a bona
6 fide church [or], religious organization [or by a], fraternal
7 organization or community, municipality or nonprofit
8 corporation.
9 (9) An auctioneer licensed under the act of September
10 29, 1961 (P.L.1745, No.708), known as "The Auctioneers'
11 License Act," while performing authorized duties at any bona
12 fide auction.
13 (10) Any person employed by an owner of real estate for
14 the purpose of managing or maintaining multifamily
15 residential property: Provided, however, That such person is
16 not authorized or empowered by such owner to enter into
17 leases on behalf of the owner, to negotiate terms or
18 conditions of occupancy with current or prospective tenants
19 or to hold money belonging to tenants other than on behalf of
20 the owner. So long as the owner retains the authority to make
21 all such decisions, the employees may show apartments and
22 provide information on rental amounts, building rules and
23 regulations and leasing determinations.
24 (11) The elected officer, director or employee of any
25 banking institution, savings institution, savings bank,
26 credit union or trust company operating under applicable
27 Federal or State laws when acting on behalf of the
28 institution in performing appraisals or other evaluations of
29 real estate in connection with a loan transaction.
30 Section 2. This act shall take effect in 60 days.
A2L63RZ/20030S0084B0082 - 3 -