Senate Bill No. 84
(By Senators Holliday and Boley)
____________
[Introduced January 21, 1994; referred to the Committee
on Government Organization.]
____________
A BILL to amend and reenact section three, article twelve,
chapter forty-seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
continuation of the real estate commission.
Be it enacted by the Legislature of West Virginia:
That section three, article twelve, chapter forty-seven of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 12. REAL ESTATE COMMISSION, BROKERS AND SALESPERSONS.
§47-12-3. Commission created; powers generally; membership;
appointment and removal of members; qualifications; terms;
organization; salaries and expenses; executive director and
assistants; seal; admissibility of and inspection of
records; termination of commission.
There shall be a commission known as the "West Virginia Real
Estate Commission", which commission shall be a corporation and
as such may sue and be sued, may contract and be contracted withand shall have a common seal. The commission shall consist of
three persons to be appointed by the governor by and with the
advice and consent of the Senate. Two of such appointees each
shall have been a resident and a citizen of this state for at
least six years prior to his or her appointment and whose
vocation for at least ten years shall have been that of a real
estate broker or real estate salesperson and the third shall be
a representative of the public generally. Members in office on
the date this section becomes effective shall continue in office
until their respective terms expire. The term of the members of
said commission shall be for four years and until their
successors are appointed and qualify. No more than two members
of such commission shall belong to the same political party. No
member shall be a candidate for or hold any other public office
or be a member of any political committee while acting as such
commissioner. In case any commissioner be a candidate for or
hold any other public office or be a member of any political
committee, his or her office as such commissioner shall ipso
facto be vacated. Members to fill vacancies shall be appointed
by the governor for the unexpired term. No member may be removed
from office by the governor except for official misconduct,
incompetency, neglect of duty, gross immorality or other good
cause shown and then only in the manner prescribed by law for the
removal by the governor of state elective officers. The governor
shall designate one member of the commission as the chairman
thereof and the members shall choose one of the members thereofas secretary. Two members of the commission shall constitute a
quorum for the conduct of official business.
(a) The commission shall do all things necessary and
convenient for carrying into effect the provisions of this
article and may from time to time promulgate reasonable, fair and
impartial rules and regulations in accordance with the provisions
of article three, chapter twenty-nine-a of this code. The board
shall pay each member the same compensation as is paid to members
of the Legislature for their interim duties as recommended by the
citizens legislative compensation commission and authorized by
law for each day or portion thereof engaged in the discharge of
official duties and shall reimburse each member for actual and
necessary expenses incurred in the discharge of official duties.
(b) The commission shall employ an executive director and
such clerks, investigators and assistants as it shall deem
necessary to discharge the duties imposed by the provisions of
this article and to effect its purposes, and the commission shall
determine the duties and fix the compensation of such executive
director, clerks, investigators and assistants, subject to the
general laws of the state.
(c) The commission shall adopt a seal by which it shall
authenticate its proceedings. Copies of all records and papers
in the office of the commission, duly certified and authenticated
by the seal of said commission, shall be received in evidence in
all courts equally and with like effect as the original. All
records kept in the office of the commission under authority ofthis article shall be open to public inspection under reasonable
rules and regulations as shall be prescribed by the commission.
(d) After having conducted a preliminary performance review
through its joint committee on government operations, pursuant to
article ten, chapter four of this code, the Legislature hereby
finds and declares that the West Virginia real estate commission
should be continued and reestablished. Accordingly,
notwithstanding the provisions of said article, the West Virginia
real estate commission shall continue to exist until the first
day of July, one thousand nine hundred ninety-five, to allow the
joint committee on government operations to monitor compliance
with recommendations set forth in the preliminary performance
review.
________
(NOTE: The purpose of this bill is to continue the Real
Estate Commission until July 1, 1995, to allow the joint
Committee on Government Operations to monitor compliance with
recommendations of the preliminary performance review.)