CHAPTER 463

FORMERLY

SENATE BILL NO. 667

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 29, TITLE 24, DELAWARE CODE, RELATING TO THE DELAWARE REAL ESTATE COMMISSION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend §2902(a), Chapter 29, Title 24, Delaware Code, by striking said subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) The Delaware Real Estate Commission (hereinafter referred to as the Commission) is established and shall consist of 7 members. The Commission shall consist of the members presently serving unexpired terms on the Delaware Real Estate Commission (hereinafter referred to as the 'Old Commission') as it existed prior to June 30, 1982. The Governor shall appoint two (2) new members to the Commission, 1 of whom shall be a public member and I of whom shall be a salesperson. Upon the expiration of the terms of each of the members of the Old Commission, the Governor shall appoint new members of the Commission until such time as he has the Commission comprised of four (4) brokers; one (1) salesperson and two (2) public members who are not in anyway connected with the industry. The Governor shall appoint new members of the Commission for periods of three (3) years or less so that the membership of the Commission shall always have one (1) member whose term expires in each calendar year. Once the Commission is comprised of seven (7) members from the categories specified herein no member shall serve for more than two (2) consecutive terms on the Commission. Any person appointed to fill an unexpired vacancy as a result of death, resignation or removal from office or appointed for a term of less than three (3) years to comply with the provisons of this Section, such term, notwithstanding that it may be less than a full 3 year term, shall not be considered one (1) of his or her two term limitations."

Section 2. Amend §2902(b), Chapter 29, Title 24, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

"(b) At least two (2) members of the Commission shall be residents of Sussex County; two (2) residents of Kent County; three (3) residents of New Castle County 1 of which shall maintain an office in the City of Wilmington."

Section 3. Amend §2902(c), Chapter 29, Title 24, Delaware Code, by striking said subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

"(c) In order to qualify for appointment to the Commission, each person must:

(1) Have been a resident of this State for 5 years immediately prior to such appointment.

(2) Professional persons shall have been active real estate brokers or salespersons in this State for 5 years immediately prior to appointment.

(3) Public members shall not be, nor ever have been involved as a broker or salesperson; shall not have been employed by a real estate broker and shall not have had a material financial interest in the providing of goods and services to real estate brokers, nor have been engaged in any activity directly related to real estate work."

Section 4. Amend §2902(f), Chapter 29, Title 24, Delaware Code, by striking said subsection (f) in its entirety and substituting in lieu thereof a new subsection (f) to read as follows:

"(f) The members of the Commissin shall each receive compensation at the rate of $50 per meeting if she or he attends; provided, however, no member shall receive compensation for the year in excess of $500 and the Commission shall not be paid for more than 10 meetings during a calendar year."

Section 5. Amend Chapter 29, Title 24, Delaware Code, by adding thereto a new Section to be designated as §2928 to read as follows:

§2928. Objectives of the Commission

The primary objective of the Real Estate Commission, to which all other objectives and purposes are secondary, is to protect the general public, especially those persons who are direct recipients of services regulated by this Chapter from unsafe practices, and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Commission are to maintain and establish minimum standards of licensee competency, and establish and maintain certain standards in the delivery of services to the public."

Section 6. Amend §2903(b), Chapter 29, Title 24, Delaware Code, by striking the word "three" as it appears therein and substituting in lieu thereof the word "Five".

Section 7. Amend §2903(d), Chapter 29, Title 24, Delaware Code, by striking the number "2" and substituting in lieu thereof the number "3".

Section 8. Amend §2907, Chapter 29, Title 24, Delaware Code, by adding thereto a new paragraph to read as follows:

"Every applicant for a certificate of registration shall be required to take a uniform and state examination as is contractually arranged by the Commission with a nationally recognized independent testing service."

Section 9. Amend §2911, Chapter 29, Title 24, Delaware Code, by striking the words "of each year" as they appear in the first sentence and insert a period "." after the word "July" and further amending the second sentence of said Section by striking the word "annually" and inserting in lieu thereof the word "biannually".

Section 10. Amend §2908, Chapter 29, Delaware Code, by striking said Section in its entirety and substituting in lieu thereof a new §2908 to read as follows:

"§2908. Fees

The Commission shall charge up to the following amounts as fees for each:

(1) Examinations $15

(2) Original resident broker's license issued: $50

(3) Bi-annual renewal of the resident broker's license: $50

(4) Original nonresident broker's license: $100

(5) Bi-annual renwal of a nonresident broker's license: $100

(6) Original salesman's license issued: $20

(7) Bi-annual renewal of a salesman's licenses $20

(8) Bi-annual fee for additional office or place of business: $30

(1) Change of place of business or change of employer or contractual associate: $10

(2) Duplicate license, where the original license is lost or destroyed and affidavit is made thereof: $2

(3) Duplicate pocket card, where the original pocket card is lost or destroyed and an affidavit is made thereof: $2."

Approved July 23, 1982.