House Study Bill 135



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            STATE GOVERNMENT BILL
                                            BY CHAIRPERSON ELGIN)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act increasing the membership of the real estate commission.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 2237HC 81
  4 jr/gg/14

PAG LIN



  1  1    Section 1.  Section 543B.8, unnumbered paragraph 1, Code
  1  2 2005, is amended to read as follows:
  1  3    A real estate commission is created within the professional
  1  4 licensing and regulation division of the department of
  1  5 commerce.  The commission consists of three five members
  1  6 licensed under this chapter and two members not licensed under
  1  7 this chapter and who shall represent the general public.  At
  1  8 least one of the licensed members shall be a licensed real
  1  9 estate salesperson, except that if the licensed real estate
  1 10 salesperson becomes a licensed real estate broker during a
  1 11 term of office, that person may complete the term, but is not
  1 12 eligible for reappointment on the commission as a licensed
  1 13 real estate salesperson.  A licensed member shall be actively
  1 14 engaged in the real estate business and shall have been so
  1 15 engaged for five years preceding the appointment, the last two
  1 16 of which shall have been in Iowa.  Professional associations
  1 17 or societies of real estate brokers or real estate
  1 18 salespersons may recommend the names of potential commission
  1 19 members to the governor.  However, the governor is not bound
  1 20 by their recommendations.  A commission member shall not be
  1 21 required to be a member of any professional association or
  1 22 society composed of real estate brokers or salespersons.
  1 23 Commission members shall be appointed by the governor subject
  1 24 to confirmation by the senate.  Appointments shall be for
  1 25 three=year terms and shall commence and end as provided in
  1 26 section 69.19.  A member shall serve no more than three terms
  1 27 or nine years, whichever is less.  No more than one member
  1 28 shall be appointed from a county.  A commission member shall
  1 29 not hold any other elective or appointive state or federal
  1 30 office.  Vacancies shall be filled for the unexpired term by
  1 31 appointment of the governor and are subject to senate
  1 32 confirmation.  A majority of the commission members
  1 33 constitutes a quorum.  The administrator of the professional
  1 34 licensing and regulation division shall hire and provide staff
  1 35 to assist the commission with implementing this chapter.
  2  1                           EXPLANATION
  2  2    Under current law the real estate commission is made up of
  2  3 five members; three members are either licensed as real estate
  2  4 salespersons or brokers and two members are not licensed.
  2  5 This bill expands the licensed membership of the board from
  2  6 three to five, for a total board membership of seven.
  2  7 LSB 2237HC 81
  2  8 jr:nh/gg/14