SB2507_S_Amend

AMEND by inserting the following section after line 121 and renumbering the succeeding section(s) accordingly:

SECTION *. Section 73-35-5, Mississippi Code of 1972, is amended as follows:

73-35-5. (1) There is hereby created the Mississippi Real Estate Commission. The commission shall consist of five (5) persons, to be appointed by the Governor with the advice and consent of the Senate. Each appointee shall have been a resident and citizen of this state for at least six (6) years prior to his appointment, and his vocation for at least five (5) years shall have been that of a real estate broker. One (1) member shall be appointed for the term of one (1) year; two (2) members for terms of two (2) years; two (2) members for terms of four (4) years; thereafter, the term of the members of said commission shall be for four (4) years and until their successors are appointed and qualify. There shall at no time be more than one (1) commissioner from any one (1) congressional district of which he is a bona fide resident, as such districts are constituted as of January 1, 1983. Members to fill vacancies shall be appointed by the Governor for the unexpired term. The Governor may remove any commissioner for cause. The State of Mississippi shall not be required to furnish office space for such commissioners. The provisions of this section shall not affect persons who are members of the Real Estate Commission as of July 1, 1988. Such members shall serve out their respective terms, upon the expiration of which the provisions of this section shall take effect. Nothing provided herein shall be construed as prohibiting the reappointment of any member of the said commission. The members of the commission as constituted on January 1, 2002, whose terms have not expired shall serve the balance of their terms, after which time the membership of the commission shall be appointed as follows: There shall be appointed one (1) member of the commission from each of the four (4) Mississippi congressional districts as they currently exist and one (1) from the state at large, and the Governor shall make appointments from the congressional district having the smallest number of commission members until the membership includes at least one (1) member from each congressional district as required. No more than one (1) member shall be appointed from the same county.

(2) The commission shall organize by selecting from its members a chairman, and may do all things necessary and convenient for carrying into effect the provisions of this chapter, and may from time to time promulgate rules and regulations. Each member of the commission shall receive per diem as authorized in Section 25-3-69, Mississippi Code of 1972, and his actual and necessary expenses incurred in the performance of duties pertaining to his office as authorized in Section 25-3-41, Mississippi Code of 1972.

(3) The commission shall adopt a seal by which it shall authenticate its proceedings. Copies of all records and papers in the office of the commission, duly certified and authenticated by the seal of said commission, shall be received in evidence in all courts equally and with like effect as the original. All records kept in the office of the commission under authority of this chapter shall be open to public inspection except pending investigative files.

FURTHER, AMEND the title on line 2 by inserting after the semicolon the following:

TO AMEND SECTION 73-35-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DISTRICTS OF THE MISSISSIPPI REAL ESTATE COMMISSION;