View Amendment Current Amendment: 5 to Bill 1088 Rep. HAMILTON proposes the following Amendment No. 5 to S. 1088 (COUNCIL\BBM\10696HTC12):

Amend the bill, as and if amended, by striking the unnumbered SECTION amending Section 40-57-40(A) and inserting:

/ SECTION      __.      Section 40-57-40 of the 1976 Code is amended to read:

     "Section 40-57-40.      (A)      The South Carolina Real Estate Commission consists of nine eleven members elected or appointed as follows:
           (1)      Six Seven members who are professionally engaged in the active practice of real estate, one elected from each of the six seven congressional districts by a majority of house members and senators, representing the house and senate districts located within each of the congressional districts the members of the General Assembly in joint assembly.
           (2)      Two members representing the public who are not professionally engaged in the practice of real estate, each appointed by the Governor with the advice and consent of the Senate.
           (3)      The eight nine elected and appointed members shall elect from the State at large, one from the State at large two additional member members who must be in the active practice of real estate.
     (B)      Commission members serve a term of four years and until their successors are elected or appointed and qualify. A vacancy on the commission must be filled in the manner of the original election or appointment for the remainder of the unexpired term.
     (C)(1)(a)      A candidate for election to the commission must first be:
           (i)            screened by a Real Estate Commission Review Committee comprised of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the President Pro Tempore; and
           (ii)      found qualified by the review committee by meeting the minimum requirements in item (2).
           (b)      The review committee must submit a written report to the Clerk of the Senate and the Clerk of the House setting forth its findings about the qualifications of each candidate.
           (c)      A candidate cannot serve on the commission, even in an interim capacity, until he is screened and found qualified by the Real Estate Commission Review Committee.
           (2)      An elected member must be an active South Carolina real estate broker who possesses abilities and experience generally found among real estate professionals practicing in this State and that allow him to make valuable contributions to the conduct of the business of the commission. These abilities include, but are not limited to:
           (a)      substantial business skills and experience;
           (b)      general knowledge of the history, purpose, and operations of the commission and the responsibilities of being a commissioner;
           (c)      general knowledge of real estate transaction documents, ethical standards, and other pertinent information needed to further the activities and affairs of the commission;
           (d)      with the assistance of counsel, the ability to understand and apply federal and state laws, rules, and regulations including, but not limited to, Chapter 57, Title 40 as they relate to the activities and affairs of the commission;
           (e)      with the assistance of counsel, the ability to understand and apply judicial decisions as they relate to the activities and affairs of the commission; and
           (f)      substantial business skills and experience.
     (CD)      After screening but before entering upon the discharge of the duties of the office, a member's the election or appointment of a member must be certified by, and the member shall take and file with, the Secretary of State, in writing, an a written oath to perform the duties of the office as a member of the commission and to uphold the Constitutions of this State and the United States.
     (DE)      A member's The term of a member commences on the date on which his election or appointment is certified by the Secretary of State.
     (EF)      A member may be removed from office in accordance with pursuant to Section 1-3-240." /

Renumber sections to conform.
Amend title to conform.