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.