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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-245 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, EXCEPT UPON THE BROKER-IN-CHARGE AT THE PLACE WHERE THE REAL ESTATE LICENSEE SHALL MAINTAIN A PRINCIPAL OR BRANCH OFFICE AND TO PROVIDE THAT A MUNICIPALITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN ITS CORPORATE LIMITS, AND A COUNTY GOVERNING AUTHORITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN THE UNINCORPORATED AREAS OF THE COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 57, Title 40 of the 1976 Code is amended by adding:
"Section 40-57-245. Notwithstanding any other provision of law:
(1) the governing body of a county or municipality may not impose a license, occupation, or professional tax or fee upon real estate licensees, except upon the broker-in-charge at the place where the real estate licensee shall maintain a principal or branch office. The license, occupation, or professional tax or fee shall permit the broker-in-charge and the broker's affiliated associate brokers, salespersons, and property managers to engage in all of the brokerage activities described in Chapter 57 of Title 40 without further licensing or taxing, other than the state licenses issued pursuant to Chapter 57 of Title 40 or pursuant to other provisions of law. No additional license, occupation, or professional tax or fee shall be required of the affiliated associate brokers, salespersons or property managers of each broker-in-charge; and
(2) a municipality may impose an occupation, license, or professional tax or fee upon real estate brokers-in-charge based upon gross receipts only for real estate transactions with respect to property located within its corporate limits. A county governing authority may impose an occupation, license, or professional tax or fee upon real estate brokers-in-charge based upon gross receipts only for real estate transactions with respect to property located within the unincorporated areas of the county."
SECTION 2. This act takes effect upon approval by the Governor.
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