ENTITLED, An Act to revise certain exemptions from licensure by the Real Estate Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-21A-27 be amended to read as follows:
36-21A-27. Any person licensed under this chapter does not qualify for the exceptions set forth
in this chapter including any transaction in which 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
(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.
An Act to revise certain exemptions from licensure by the Real Estate Commission.
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I certify that the attached Act
originated in the
SENATE as Bill No. 65
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 65
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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