State of South Dakota  

400U0295   SENATE BILL   NO.  65  

Introduced by:    The Committee on Commerce and Energy at the request of the South Dakota Real Estate Commission

        FOR AN ACT ENTITLED, An Act to revise certain exemptions from licensure by the Real Estate Commission.
    Section 1. That § 36-21A-27 be amended to read as follows:
    36-21A-27. A person, unless exempted under this chapter, who, directly or indirectly, for another, with the intention or upon the promise of receiving compensation or consideration, offers, attempts or agrees to perform or performs any single act that may be performed by a broker as described in § 36-21A-6, whether as a part of a transaction or as an entire transaction, is deemed a broker or salesman within the meaning of this chapter. No Any person licensed under this chapter comes within does not qualify for the exceptions set forth in this chapter including any transaction in which he that person has a personal interest.
    Section 2. That § 36-21A-29 be amended to read as follows:
    36-21A-29. This chapter does not apply to the following:
            (1)    Any person who as a bona fide owner or lessor, performs any of the acts described in §§ 36-21A-6 and 36-21A-12 with reference to property owned, or leased by the

person, or to any regular employees thereof, if such acts are performed in the regular course of, or as an incident to the management of such property or investment in such property;

            (2)    Any public officer while performing the officer's duties;
            (3)    Any person owning and operating a cemetery and selling lots solely for use as burial plots;
            (4)    Any person acting as a receiver, trustee, personal representative, guardian or under court order, or while acting under authority of a deed, trust, or will;
            (5)    Any custodian, janitor, or employee of the owner or manager of a residential building who exhibits a residential unit therein to prospective tenants, accepts applications for leases and furnishes prospective tenants with information relative to the rental of the unit, terms and conditions of leases required by the owner or manager and similar information;
            (6)    Any owner, manager, or employee of a business holding a lodging license while engaging in the lodging business;
            (7)    Any attorney at law, admitted to practice in South Dakota, unless the attorney holds himself or herself out to be in the real estate business or solicits real estate business, in which event the attorney may obtain a real estate license without examination, but the attorney is otherwise subject to the provisions of this chapter;
            (8)    Any bank, bank holding company or subsidiary thereof, trust company, savings and loan association, public utility or any land mortgage or farm loan association organized under the laws of this state or the United States, if engaged in the transaction of business within the scope of its corporate powers as provided by law;
            (9)    Any person or company whose business practice is to collect a fee or compensation

to publish real estate listings in print, electronic, or other media;

            (10)    Any person holding, in good faith, a duly executed power of attorney from the owner, authorizing the final consummation and execution for the sale, purchase, leasing, or exchange of real property if such acts are not of a recurrent nature and done with the intention of evading this chapter; and
            (10)(11)    Any employee of any person enumerated in this section whose principal duties are other than those duties described in §§ 36-21A-6 and 36-21A-12, if engaged in the specific performance of the employee's duties.