PRINTER'S NO. 988
No. 870 Session of 1975
INTRODUCED BY TOLL, RUGGIERO, PERRI, O'DONNELL, A. P. KELLY,
OLIVER, RAPPAPORT, POLITE, KLINGAMAN, ROSS, TRELLO AND
ABRAHAM, MARCH 19, 1975
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 20, 1975
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for the
21 composition of the real estate commission and making
22 editorial changes.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 453, act of April 9, 1929 (P.L.177,
26 No.175), known as "The Administrative Code of 1929," amended
27 September 22, 1961 (P.L.1584, No.667), is amended to read:
1 Section 453. State Real Estate Commission.--The State Real
2 Estate Commission is hereby created and shall consist of the
3 [Superintendent of Public Instruction] Commissioner of
4 Professional and Occupational Affairs, and six other persons,
5 [each] three of whom shall at the time of [his] their
6 appointment be [a] licensed and qualified real estate [broker]
7 brokers under the existing law of this Commonwealth, and shall
8 have been engaged in the real estate business in this
9 Commonwealth for a period of not less than ten years immediately
10 prior to his appointment, and three of whom shall be consumer
11 representatives and shall not have any past or present
12 involvement or interest in the real estate industry as a broker,
13 salesman, contractor or otherwise. Each of said six members of
14 the board shall be appointed by the Governor, one of whom shall
15 have been licensed as a real estate broker, or limited real
16 estate broker, for a period of at least five years and shall
17 have been engaged in the field of selling cemetery lots for at
18 least ten years immediately prior to his appointment.
19 The term of office of each of said six members shall be five
20 years from his appointment, or until his successor has been
21 appointed and qualified, except that of the original members one
22 shall be appointed for a term of one year, one for a term of two
23 years, one for a term of three years, one for a term of four
24 years, and one for a term of five years from the date of his
25 appointment, or until his successor is appointed and qualified.
26 The initial term of the sixth member shall be for four years
27 from the date of his appointment, or until his successor shall
28 have been appointed and qualified. In the event that any of said
29 members shall die or resign during his term of office his
30 successor shall be appointed in the same way, and with the same
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1 qualifications as above set forth, and shall hold office for the
2 unexpired term.
3 [Three] Four members of the commission shall constitute a
4 quorum, two of whom shall be qualified real estate brokers and
5 two of whom shall be consumer representatives. The board shall
6 elect a chairman from among its members and a secretary who need
7 not be a member of the commission. The secretary shall serve at
8 the pleasure of the commission and shall receive such reasonable
9 compensation as it, with the approval of the [Superintendent of
10 Public Instruction] Commissioner of Professional and
11 Occupational Affairs, shall fix. The secretary shall have such
12 powers and perform such duties, not contrary to law, as the
13 commission may prescribe.
14 Each member of the commission other than the [Superintendent
15 of Public Instruction] Commissioner of Professional and
16 Occupational Affairs shall receive actual traveling expenses and
17 per diem compensation at the rate of [fifteen dollars ($15)]
18 thirty dollars ($30) per day for the time actually devoted to
19 the business of the commission.
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