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
Bill Body Date Action Description CMN Leg Involved
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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3636 House 19930519 Objection withdrawn by Williams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3636 House 19930519 Objection withdrawn by McMahand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3636 House 19930512 Objection withdrawn by Govan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3636 House 19930505 Objection withdrawn by Anderson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
View additional legislative information at the LPITS web site.
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.
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.