South Carolina § 40-57-40 - Commissioners.

§ 40-57-40. Commissioners.

(A) The South Carolina Real Estate Commission consists of ten commissioners elected or appointed as follows:

(1) seven commissioners who are professionally engaged in the active practice of real estate, one elected from each congressional district by a majority of house members and senators representing the house and senate districts located within each congressional district;

(2) two commissioners representing the public who are not professionally engaged in the practice of real estate, each appointed by the Governor with the advice and consent of the Senate;

(3) the elected and appointed commissioners shall elect from the State at large one additional commissioner who must be in the active practice of real estate.

(B) A commissioner serves a term of four years and until his successor is elected or appointed and qualifies. A vacancy on the commission must be filled in the manner of the original election or appointment for the remainder of the unexpired term.

(C) Before discharging of the duties of his office, a commissioner's election or appointment must be certified by the Secretary of State, and the member shall, in writing, take an oath to perform the duties of the office as a member of the commission and to uphold the constitutions of this State and the United States.

(D) The term of a commissioner commences on the date on which his election or appointment is certified by the Secretary of State.

(E) A commissioner may be removed from office in accordance with Section 1-3-240.

HISTORY: 1997 Act No. 24, SECTION 1; 2012 Act No. 279, SECTION 10, eff June 26, 2012; 2016 Act No. 170 (S.1013), SECTION 1, eff January 1, 2017; 2024 Act No. 204 (H.4754), SECTION 3, eff May 21, 2024.

Editor's Note

Prior Laws:1956 (49) 2046; 1960 (51) 1727; 1962 Code SECTION 56-1545.4; 1972 (57) 2649; 1978 Act No. 534, SECTION 2; 1994 Act No. 38; 1976 Code SECTION 40-57-50.

2012 Act No. 279, SECTION 33, provides as follows:

"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."

Effect of Amendment

The 2012 amendment substituted "seven" for "Six" throughout subsection (A)(1); substituted "the nine" for "The eight" in subsection (A)(3); and, made other, nonsubstantive, changes.

2016 Act No. 170, SECTION 1, reenacted the section with nonsubstantive changes.

2024 Act No. 204, SECTION 3, substituted "commissioners" and "commissioner" for "members" and "member" throughout the section, and in (B), substituted "commissioner" for "commission member".