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 ofthreefive 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