South Carolina General Assembly
110th Session, 1993-1994

Bill 3636


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3636
Primary Sponsor:                Baxley
Committee Number:               98
Type of Legislation:            GB
Subject:                        Real estate broker,
                                continuing education
Current Committee:              Conference Committee
Computer Document Number:       NO5/8905PM.93
Introduced Date:                19930304    
Date of Last Amendment:         19930602    
Last History Body:              Senate
Last History Date:              19930603    
Last History Type:              Conference powers granted,
                                appointed Senators to
                                Committee of Conference
Scope of Legislation:           Statewide
All Sponsors:                   Baxley
                                Richardson
                                Keegan
                                Simrill
                                Robinson
                                R. Young
                                Barber
                                Byrd
                                Cato
                                Cobb-Hunter
                                Cromer
                                Davenport
                                Delleney
                                Fair
                                Graham
                                Harrison
                                Hines
                                Holt
                                Houck
                                Inabinett
                                Jaskwhich
                                Kelley
                                Keyserling
                                Littlejohn
                                Meacham
                                McElveen
                                McKay
                                Moody-Lawrence
                                Neilson
                                Riser
                                Shissias
                                D. Smith
                                Stille
                                Stone
                                Sturkie
                                Thomas
                                Tucker
                                Vaughn
                                Waites
                                Witherspoon
                                Wright
                                J. Bailey
                                Baker
                                Harwell
                                Huff
                                Haskins
                                Jennings
                                Quinn
                                Lanford
                                Snow
                                Wofford
                                A. Young
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
----  ------  ------------  ------------------------------  ---  ------------
3636  Senate  19930603      Conference powers granted,      98   Land
                            appointed Senators to                Leatherman
                            Committee of Conference              Elliott
3636  House   19930602      Conference powers granted,      98   McLeod
                            appointed Reps. to Committee         G. Bailey
                            of Conference                        Govan
3636  House   19930602      Insists upon amendment
3636  Senate  19930602      Non-concurrence in House
                            amendment
3636  House   19930602      Senate amendments amended,
                            returned to Senate
3636  Senate  19930527      Read third time, returned
                            with amendment
3636  Senate  19930526      Read second time
3636  Senate  19930525      Unanimous consent for second
                            and third reading on the next
                            two consecutive Legislative
                            days
3636  Senate  19930525      Amended
3636  Senate  19930525      Introduced, read first time,
                            placed on Calendar without
                            reference
3636  House   19930520      Read third time, sent to
                            Senate
3636  House   19930519      Amended, read second time
3636  House   19930519      Objection withdrawn by               Williams
                            Representative
3636  House   19930519      Objection withdrawn by               McMahand
                            Representative
3636  House   19930512      Objection withdrawn by               Govan
                            Representative                       Neal
3636  House   19930505      Objection withdrawn by               Anderson
                            Representative
3636  House   19930421      Objection by Representative          Anderson
                                                                 Williams
                                                                 McMahand
                                                                 Govan
                                                                 Neal
3636  House   19930414      Committee Report: Favorable     26
                            with amendment
3636  House   19930304      Introduced, read first time,    26
                            referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

AMENDED--NOT PRINTED

June 2, 1993

H. 3636

Introduced by REPS. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young

S. Printed 5/25/93--S.

Read the first time May 25, 1993.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.

Amend Title To Conform

Whereas, the General Assembly finds that the business of real estate is complex and complicated, with rapidly increasing statutory and market changes, as well as rapidly increasing consumer requirements and demands; and

Whereas, to protect the public interest it is imperative that persons engaged in real estate sales, property management, and other segments of the real estate profession are adequately informed of the ever-changing aspects of the profession; and

Whereas, the members of the real estate profession realize that the education of those involved in the real estate business should be a continuing process; and

Whereas, it is clearly in the public interest that licensed real estate agents, with reasonable exception, be required to complete at least six hours annually of real estate related education to ensure their continuing competency to serve the needs of South Carolina's public. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 40-57-155. As a condition of license renewal, a broker or sales agent must satisfactorily complete eight hours of approved course instruction biennially as prescribed by the commission by a course provider approved by the commission. The eight hours must include a minimum of two hours of instruction on changes in federal and state law affecting licensees. A licensee having successfully completed a thirty-hour course for qualification as a broker is not required to participate in the continuing education program for that particular year. A licensee who decides to become inactive is not required to participate in the continuing education program but must complete the eight-hour requirement before returning to active status.

The commissioner shall administer the continuing education program and shall approve and regulate courses, instructors, and course providers to implement the purposes of this section. In administering the program, the commission may promulgate regulations to require licensees to provide proof of compliance with the continuing education requirements as a condition of license renewal. The commission may contract with an outside provider for the record keeping services required by this section.

Temporary fees must be charged by and paid to the commission until permanent fees are established by regulation as follows:

(1) an annual filing fee of fifteen dollars;

(2) a fee of fifteen dollars for providing certification to another state of a licensee meeting the South Carolina continuing education requirement;

(3) a fee of one hundred dollars for each course approved;

(4) a fee of one hundred dollars for each instructor approved;

(5) a fee of fifty dollars for each course approval renewal;

(6) a fee of fifty dollars for each instructor approval renewal.

The commission shall promulgate regulations prescribing the overall parameters of the continuing education program.

This section also applies to nonresident licensees. Where applicable, a nonresident licensee who has successfully satisfied the continuing education requirements of his resident state and certifies this information to the continuing education administrator or service is considered to have satisfied the requirements of this section. A nonresident who lives in a state which does not require continuing education must satisfy the South Carolina continuing education requirements.

All information received by an outside contract service provider in the course and scope of his duties is confidential and proprietary and may not be used or disclosed beyond the requirements of the duties imposed upon them by law. A licensee upon reaching the age of sixty, with a minimum of twenty-five years of licensure, is exempt from the requirements of this section."

SECTION 2. Section 40-57-160 of the 1976 Code, as last amended by Act 12 of 1991, is further amended to read:

"Section 40-57-160. It is the duty of the commissioner to issue a license to engage in the business of real estate broker, counsellor, salesman, property manager, or auctioneer to all applicants who are duly qualified under, and who comply with, all requirements of this chapter and all regulations of the commissioner. The license must be in that form and size as the commissioner prescribes and must not be transferable. The licenses expire on June thirtieth of each year annually."

SECTION 3. This act takes effect July 1, 1994.

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