HB2497 H GO AM 3-7
The Committee on Government Organization moves to amend the
bill on page one, after the enacting clause, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 40. WEST VIRGINIA REAL ESTATE LICENSE ACT.
§30-40-11. Application for license.
The commission shall only issue an original license to an
applicant if he or she:
(a) Submits an application, in writing, in a form prescribed
by the commission which must contain, but is not limited to:
(1) The applicant's social security number;
(2) The recommendation of at least two persons who:
(A) Are property owners at the time of signing the
(B) Have been property owners for at least twelve months
preceding the signing of the application;
(C) Have known the applicant for at least two years;
(D) Are not related to the applicant;
(E) Are not affiliated with the applicant as an employer,
partner or associate or with the broker that will employ the
(F) Believe the applicant bears a good reputation for honesty, trustworthiness and fair dealing; and
(G) Believe the applicant is competent to transact the
business of a real estate broker, associate broker or salesperson,
as the case may be, in a manner that would protect the interest of
(3) A clear record indicating all jurisdictions where the
applicant holds or has held any professional license.
(4) A clear record indicating if the applicant has been
convicted of any criminal offense or if there is any criminal
charge pending against the applicant, or a member or officer of the
brokerage business, at the time of application.
(b) Is at least eighteen years of age.
(c) Is a high school graduate or the holder of an equivalency
(d) Is trustworthy, of good moral character and competent to
transact the business of a broker, associate broker or salesperson.
(e) Has paid the appropriate fee, if any, which must accompany
all applications for original license or renewal.
(f) Has submitted to a state and national criminal history
record check, as set forth in this subsection.
This requirement is found not to be against public policy.
_____(2) The criminal history record check shall be based on
fingerprints submitted to the West Virginia State Police or its
assigned agent for forwarding to the Federal Bureau of Investigation.
_____(3) The applicant shall meet all requirements necessary to
accomplish the state and national criminal history record check,
_____(A) Submitting fingerprints for the purposes set forth in this
_____(B) Authorizing the commission, the West Virginia State Police
and the Federal Bureau of Investigation to use all records
submitted and produced for the purpose of screening the applicant
for a license.
_____(4) The results of the state and national criminal history
record check may not be released to or by a private entity except:
_____(A) To the individual who is the subject of the criminal
history record check;
_____(B) With the written authorization of the individual who is
the subject of the criminal history record check;
_____(C) Pursuant to a court order.
_____(5) The criminal history record check and related records are
not public records for the purposes of chapter twenty-nine-b of
_____(6) The applicant shall ensure that the criminal history
record check is completed within ninety days of the date of the
original licensure application. If the commission does not receive
the criminal history record check within the required timeframe, the commission shall return the application to the applicant.
_____(7) The applicant shall pay the actual costs of the
fingerprinting and criminal history record check.
_____(8) Before implementing the provisions of this subsection, the
propose rules for legislative approval in
accordance with article three, chapter twenty-nine-a of this code.
The rules shall set forth the requirements and procedures for the
criminal background check and must be consistent with standards
established by the Federal Bureau of Investigation and the National
Crime Prevention and Privacy Compact as authorized by 42 U.S.C.A.
§14611, et seq.
, and shall set forth with specificity the criminal
offenses which would cause an applicant to be denied a license."