WEST virginia Legislature
2016 regular session
House Bill 4241
By Delegates Howell, Arvon, Zatezalo, Border, R. Phillips, Hartman, Ihle, Cadle, Moffatt, Atkinson and Morgan
22, 2016; Referred
to the Committee on Government Organization]
A BILL to amend and reenact §30-40-6 of the Code of West Virginia, 1931, as amended, relating to adding citizen members to the Real Estate Commission; and providing for the disqualification of citizen members who become licensees.
Be it enacted by the Legislature of West Virginia:
That §30-40-6 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.
§30-40-6. Commission created; membership; appointment and removal of members; qualifications; terms; organization.
(a) The West Virginia Real Estate Commission is hereby continued. The members of the commission in office on the date this section takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b)(1) Commencing with the
terms beginning with July 1,
2002 2016, the commission shall
consist of five persons appointed for terms of four years by the Governor with
the advice and consent of the Senate. Four Two commissioners must
be licensed under the provisions of this article; two commissioners must be
bankers or attorneys and may not be licensed under the provisions of this
article; and one commissioner must be a citizen member who is not licensed
under the provisions of this article: Provided, That members
of the commission as of the effective date of this section shall continue to
serve their term without regarding to the status of their license until a
successor is appointed by the Governor.
(2) Each licensed commissioner, at the time of his or her appointment, must have been licensed and practiced in this state as a real estate broker, associate broker or salesperson as his or her primary vocation for a period of not less than ten years immediately preceding the appointment. Each commissioner must have been a resident of this state for at least six years prior to his or her appointment and must remain a resident during the appointment term. No more than four commissioners shall belong to the same political party.
(3) The appointment of
two licensed commissioners, whether for a full term or to fill a
vacancy, shall be made by the Governor with the advice and consent of the
Senate. The appointment of one licensed commissioner, whether for a full term
or to fill a vacancy, shall be made by the Governor from among three nominees
selected by the West Virginia association of realtors. If the appointment is
for a full term, the nominations must be submitted to the Governor not later
than three months prior to the date on which the appointment becomes effective.
If the appointment is to fill a vacancy, the nominations must be submitted to
the Governor within thirty days after a request for the nominations has been
made by the Governor to the West Virginia association of realtors. If the
association fails to submit nominations in accordance with the requirements of
this section, the Governor may make the appointment without the nominations: Provided,
That no more than three members may be from the same political party.
(c) Any commissioner immediately and automatically forfeits his or her membership on the commission if he or she has his or her license to practice as a real estate broker, associate broker or salesperson suspended or revoked by the board, is convicted of a felony under the laws of this state or of the United States, becomes a nonresident of this state, or holds any elective public office or becomes a member of any political committee.
(d) Any member who is unlicensed or who holds a retired, inactive, or emeritus license immediately and automatically forfeits his or her membership on the commission if he or she obtains a license under the provisions of this article, or obtains a similar license from another jurisdiction.
(d) (e) No member of the commission may be removed
from office by the Governor except for official misconduct, incompetency,
neglect of duty, gross immorality or other good cause, but then only in the
manner prescribed by law for the removal by the Governor of state elective
officials. (e) (f) No member of the commission may serve more
than two consecutive full terms and any member having served two full terms may
not be appointed for one year after completion of his or her second full term.
A member shall continue to serve until his or her successor has been appointed
and qualified. (f) (g) The Governor shall designate one member of
the commission as chairman and the members shall choose a vice chairman and a
secretary, each of whom shall continue to serve in their respective capacity
until replaced. (g) (h) Three members shall constitute a quorum
for the conduct of official business. (h) (i) Each commissioner shall receive 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. Each commissioner shall be reimbursed for his or her actual
and necessary expenses for each day or portion thereof engaged in the discharge
of official duties in a manner consistent with guidelines of the travel
management office of the Department of Administration.
NOTE: The purpose of this bill is to add citizen and nonpracticing members to the board and to provide for their removal upon obtaining an active license.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.