Senate Bill No. 108
(By Senators McCabe and Barnes)
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[Introduced January 9, 2008; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact §30-40-11 of the Code of West Virginia,
1931, as amended, relating to licensing real estate agents and
brokers generally; and requiring the Real Estate Licensing
Commission to conduct a criminal background check on
applicants.
Be it enacted by the Legislature of West Virginia:
That §30-40-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
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
application;
(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
applicant;
(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
the public.
(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 diploma.
(d) Is trustworthy, of good moral character and competent to
transact the business of a broker, associate broker or salesperson.
(e) Has authorized, under the procedure provided in this
subsection, the commission to obtain a criminal history record
information check of his or her criminal record from the West
Virginia State Police and the Federal Bureau of Investigation be
provided to the commission. No application may be considered
complete until the criminal history record information is received
by the commission. Each applicant for an original broker,
associate broker or sales person's license is subject to
fingerprinting and a check of his or her criminal history record
information maintained by the West Virginia State Police and a
check of his or her criminal history record information maintained
by the Federal Bureau of Investigation. An applicant shall provide
the State Police with his or her fingerprints at the time the
commission requests the criminal history check. The commission
shall provide the applicant's fingerprints to the West Virginia
State Police. The applicant shall pay the actual cost, if any, of
the fingerprinting and check of his or her criminal history record
information. The applicant must authorize release of the criminal
history record check to the commission. The criminal history
record check shall be completed within ninety days of the date the
original application for a license is received in the commission's office. If not received by that date the commission shall return
the application. The records obtained as a result of a criminal
history check undertaken pursuant to this subsection are not public
records under the provisions of chapter twenty-nine-b of this code.
(e) (f) Has paid the appropriate fee, if any, which must
accompany all applications for original license or renewal.
NOTE: The purpose of this bill is to provide for the criminal
history check of applicants for real estate licenses.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.