2011-2012 Bill 4651: Real Estate Commission Candidates to Be Screened - South Carolina

1 South Carolina General Assembly 2 119th Session, 2011-2012 3 4 H. 4651 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. Hamilton 10 Document Path: l:\council\bills\agm\19386ab12.docx 11 12 Introduced in the House on January 24, 2012 13 Currently residing in the House Committee on Labor, Commerce and Industry 14 15 Summary: Real Estate Commission candidates to be screened 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 1/24/2012 House Introduced and read first time ( House Journalpage 15) 22 1/24/2012 House Referred to Committee on Labor, Commerce and Industry (House 23 Journalpage 15) 24 25 26 VERSIONS OF THIS BILL 27 28 1/24/2012 29 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 405740, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO MEMBERSHIP OF THE 13 SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS 14 TO REQUIRE CANDIDATES MUST BE SCREENED AND 15 FOUND QUALIFIED BEFORE THEY MAY SERVE ON THE 16 COMMISSION, TO PROVIDE CERTAIN QUALIFICATIONS 17 FOR SERVICE, AND TO INCREASE MEMBERSHIP TO 18 REFLECT CHANGES IN CONGRESSIONAL DISTRICTS IN 19 THIS STATE, AMONG OTHER THINGS. 20 21 Be it enacted by the General Assembly of the State of South 22 Carolina: 23 24 SECTION 1. Section 405740 of the 1976 Code is amended to 25 read: 26 27 “Section 405740. (A) The South Carolina Real Estate 28 Commission consists of nine eleven members elected or appointed 29 as follows: 30 (1) Six Seven members who are professionally engaged in 31 the active practice of real estate, one elected from each of the six 32 seven congressional districts by a majority of house members and 33 senators, representing the house and senate districts located within 34 each of the congressional districts. 35 (2) Two members representing the public who are not 36 professionally engaged in the practice of real estate, each 37 appointed by the Governor with the advice and consent of the 38 Senate. 39 (3) The eight nine elected and appointed members shall elect 40 from the State at large, one from the State at large two additional 41 member members who must be in the active practice of real estate.

[4651] 2 1 (B) Commission members serve a term of four years and until 2 their successors are elected or appointed and qualify. A vacancy 3 on the commission must be filled in the manner of the original 4 election or appointment for the remainder of the unexpired term. 5 (C)(1)(a) A candidate for election to the commission must first 6 be: 7 (i) screened by a Real Estate Commission Review 8 Committee comprised of three members of the House of 9 Representatives appointed by the Speaker of the House and three 10 members of the Senate appointed by the President Pro Tempore; 11 and 12 (ii) found qualified by the review committee by meeting 13 the minimum requirements in item (2). 14 (b) The review committee must submit a written report to 15 the Clerk of the Senate and the Clerk of the House setting forth its 16 findings about the qualifications of each candidate. 17 (c) A candidate cannot serve on the commission, even in 18 an interim capacity, until he is screened and found qualified by the 19 Real Estate Commission Review Committee. 20 (2) An elected member must be an active South Carolina 21 real estate broker who possesses abilities and experience generally 22 found among real estate professionals practicing in this State and 23 that allow him to make valuable contributions to the conduct of the 24 business of the commission. These abilities include, but are not 25 limited to: 26 (a) substantial business skills and experience; 27 (b) general knowledge of the history, purpose, and 28 operations of the commission and the responsibilities of being a 29 commissioner; 30 (c) general knowledge of real estate transaction 31 documents, ethical standards, and other pertinent information 32 needed to further the activities and affairs of the commission; 33 (d) with the assistance of counsel, the ability to 34 understand and apply federal and state laws, rules, and regulations 35 including, but not limited to, Chapter 57, Title 40 as they relate to 36 the activities and affairs of the commission; 37 (e) with the assistance of counsel, the ability to 38 understand and apply judicial decisions as they relate to the 39 activities and affairs of the commission; and 40 (f) substantial business skills and experience. 41 (CD) After screening but before entering upon the discharge of 42 the duties of the office, a member’s the election or appointment of 43 a member must be certified by, and the member shall take and file

[4651] 3 1 with, the Secretary of State, in writing, an a written oath to 2 perform the duties of the office as a member of the commission 3 and to uphold the Constitutions of this State and the United States. 4 (DE) A member’s The term of a member commences on the 5 date on which his election or appointment is certified by the 6 Secretary of State. 7 (EF) A member may be removed from office in accordance with 8 pursuant to Section 13240.” 9 10 SECTION 2. This act takes effect upon approval by the 11 Governor. 12 XX 13

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