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Printed Page 4290, May 28
| Printed Page 4310, May 28
| Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Beck Breeland Brown, J. Byrd Canty Cato
Cave Clyburn Cotty Cromer Davenport Fulmer Govan Hallman Harrell Harris, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Kelley Keyserling Kinon Klauber Lanford Lee Limbaugh Limehouse Martin Mason McElveen McMahand McTeer Meacham Moody-Lawrence Neal Richardson Rogers Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Stille Tucker Whatley Whipper, L. Whipper, S. White Williams Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Askins Bailey Boan Brown, G. Brown, H. Chamblee Cooper Dantzler Delleney Easterday Felder Fleming Gamble Harris, P. Hines, J. Inabinett Kirsh Koon Law Littlejohn Lloyd Loftis McAbee McCraw McKay Neilson Phillips Quinn Rice Riser Robinson Sharpe Spearman Stoddard Stuart Trotter Vaughn Waldrop Walker Wilder Witherspoon
So, the motion to reconsider was agreed to.
I was out of the Chamber when the votes on tabling the motion to reconsider and reconsidering the vote on H. 3446 were taken. I would have voted no to tabling the motion to reconsider and yes to reconsidering the vote whereby H. 3446 was continued.
Rep. GILDA COBB-HUNTER
I was off the floor and missed one of the reconsideration votes on H. 3446. Had I been present, I would have voted to support the position of the S.C. Farm Bureau to continue.
Rep. C. ALEX HARVIN III
Rep. WALKER asked unanimous consent to recall H. 3263 from the Committee on Ways and Means.
Rep. FULMER objected.
Rep. SIMRILL asked unanimous consent to recall S. 604 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. McELVEEN asked unanimous consent to recall S. 1037 from the Committee on Judiciary.
Rep. COTTY objected.
Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.
Rep. HALLMAN objected.
Rep. TUCKER asked unanimous consent to recall S. 265 from the Committee on Judiciary.
Rep. KOON objected.
Rep. LIMBAUGH asked unanimous consent to recall S. 1047 from the Committee on Judiciary.
Rep. SCOTT objected.
The veto on the following Act was taken up.
(R382) H. 4159 -- Ways and Means Committee: AN ACT TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.
Rep. KIRSH moved to adjourn debate upon the veto until Wednesday, May 29, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS
Rep. WITHERSPOON moved to adjourn debate upon the Senate amendments until Wednesday, May 29, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION.
Rep. CATO proposed the following Amendment No. 1A (Doc Name P:\amend\PFM\9440AC.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Chapter 57, Title 40 of the 1976 Code is amended to read:
SECTION 40-57-10. As used in this chapter:
(2) `Broker-in-charge' means the broker who is designated as having the responsibility over the actions of all brokers, salesmen, and property managers licensed under him and also the responsibility, control, and liability over any real estate trust or escrow accounts.
(3) `Salesman' means any person employed or engaged under contract by or on behalf of a licensed broker to participate in any activity included in subsection (1) of this section for compensation or otherwise. The term includes activity provided in subsection (4) of this section.
(4) `Property manager' means any person who for a fee, commission, or other valuable consideration, or with the intent or expectation of receiving a fee, commission, or consideration, negotiates, or attempts to negotiate the rental, exchange, or leasing of any real estate or of the improvements thereon; or the listing of exchanges, rentals, or leases; or collects rents or attempts to collect rents; or who advertises or holds himself out as engaged in any of the foregoing activities.
The term also includes any person who engages in the business of charging an advance fee or contracting for collection of a fee in connection with any contract whereby he undertakes to promote the renting or leasing through its listing in a publication issued primarily for this purpose, or for referral of information concerning the rentals or leases.
1. Must be an employee of the owner whose compensation for services shall be on a salary basis and not on a commission basis.
2. Employee may only exhibit a rental property to prospective tenants, accept applications for leases, and furnish such prospective tenants with information relative to the rental of such units. The activities must be further restricted as follows:
(a) No binding contracts may be negotiated, drawn, or signed by the employee.
(b) The employee may only accept and receipt for rental payments or deposits that are made payable to the owner.
(c) The employee may not hold himself out as a property manager.
(5) `Property manager-in-charge' means the property manager who is designated as having the responsibility over the actions of all property managers licensed under him and also the responsibility, control, and liability over any real estate trust or escrow accounts.
(6) `Person' means individuals, corporations, partnerships, or associations, foreign and domestic.
(7) `Real estate' means leaseholds, as well as any other interest in land, whether corporeal, incorporeal, freehold, or nonfreehold, and whether the real estate is situate in this State or elsewhere.
SECTION 40-57-20. It is unlawful for any person to act as a real estate broker, counsellor, real estate salesman, property manager, or real estate auctioneer or to advertise or assume to act as such without first having obtained a license issued by the Real Estate Commission. Any person violating this provision is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five hundred dollars or by imprisonment for a term of not more than six months, or both, in the discretion of the court.
SECTION 40-57-30. The provisions of this chapter do not apply to any transaction involving the sale, rental, or leasing of real estate by anyone who is the owner thereof or who owns any interest therein, if the legal ownership interest in the real estate being sold, rented, or leased is identical to the owner's legal interest, or to the attorney at law of the owner acting within the scope of his duties. Ownership of stock in a corporation is not ownership of an interest in real estate owned by the corporation and does not exempt the stockholder from the provisions of
SECTION 40-57-40. The provisions of this chapter are applicable only to those persons holding themselves out to the public as real estate brokers, counsellors, auctioneers, real estate salesmen, and property managers and shall not apply to agencies and instrumentalities of the state or federal government nor to employees of any lender or public officials making appraisals for federal, state, and local units of the government.
SECTION 40-57-50. The legislative delegations, including the Senators of the counties comprising each congressional district shall select a person experienced in real estate transactions to serve on the Real Estate Commission of South Carolina to establish the policy, and to issue general rules and regulations in carrying out the provisions of this chapter. The members of the commission shall serve for terms of four years, or until their successors shall have been selected and qualified. The members of the commission shall select one member from the State at large, and shall elect a chairman and vice-chairman from their membership. In addition to the real estate members on the board effective July 1, 1978, two persons not professionally engaged in the real estate business shall be appointed to the board by the Governor, with the advice and consent of the Senate. The terms of the public members shall be for four years and until successors are appointed and qualify. The two public members shall be appointed to assume office July 1, 1978.
SECTION 40-57-60. The Real Estate Commission shall receive no salary, but shall be allowed such per diem, subsistence and mileage as is authorized by law for members of boards and commissions.
SECTION 40-57-70. In order to carry out the provisions of this chapter, the Real Estate Commission shall retain such fees and other funds as may come into its possession.
SECTION 40-57-80. The Director of the Department of Labor, Licensing, and Regulation shall appoint any employees as may be necessary to carry out the work of the Real Estate Commission and the South Carolina Real Estate Appraisers Board defined in Section 40-60-20.
SECTION 40-57-90. Licenses as real estate broker, counsellor, real estate salesman, auctioneer, or property manager must be granted only to persons who submit satisfactory proof to the commission that they are trustworthy and bear a good reputation for honesty and fair dealing, and are competent to transact the business of a real estate broker, counsellor, real estate salesman, auctioneer, or property manager in that manner as to safeguard the interest of the public. A person applying for a license or an examination shall first submit to a credit report and satisfy requirements
SECTION 40-57-100. (1) Any person desiring to act as a real estate broker, counsellor, salesman, property manager, or auctioneer shall file with the Real Estate Commission an application in writing upon that form and with that detail as the South Carolina Real Estate Commission prescribes, and each applicant shall first pass to the satisfaction of the commission the examination prescribed, unless he is exempt therefrom.
(2) Prerequisites for taking an examination for the broker's license are a minimum of three years of actual experience immediately preceding application as a licensed real estate salesman in this State or in another state having similar requirements and successful completion of at least ninety hours of instruction, including time spent on examinations. The ninety hours include the required sixty hours of instruction for a real estate salesman's license in the basic fundamentals of real estate and other related matters, all as specified by the Real Estate Commission and conducted by:
(a) a university or duly accredited college wherever situated if the credits were earned within five years prior to license application. For purposes of computing required hours of classroom instruction, one credit equals ten classroom hours; or
(b) a bona fide business school situated in this State and approved by the commission; or
(c) an institution, organization, or association approved by the commission; or
(d) correspondence where the course of instruction is part of an extension department of an accredited college or university.
(3) In lieu of the above prerequisites for the taking of a broker's license examination, an applicant may furnish to the commission evidence of one of the following:
(a) a baccalaureate degree with a major in real estate from an accredited college or university, or a Juris Doctor, or Bachelor of Laws degree;
(b) proof acceptable to the commission of at least five years of equivalent experience preceding license application in business activities closely related to real estate transactions.
(4) Upon satisfactorily passing the broker's examination, the applicant shall apply for his broker's license within ninety days from the examination date. Failure to do so will result in the applicant being required to reapply and be reexamined for his broker's license.
(6) Within one year of passing the first year exam each applicant shall satisfactorily complete an additional thirty hours of instruction in order to qualify for the final sales examination. The applicant also shall have held his first year real estate sales license in an active status for no less than a total of twelve months prior to taking the final sales examination and his license must be active at the time of taking the examination. The final sales examination must be taken not less than twelve nor more than fifteen months following the first year examination. Failure to meet these requirements will result in the cancellation of the first year sales license.
(7) In lieu of the classroom hours required for a final sales license, an applicant may furnish to the commission one of the following:
(a) satisfactory evidence of at least three years' experience within the past five years in real estate transactions acceptable to the commission;
(b) evidence that he has successfully completed at least six credit hours in real estate or real estate related subjects at an accredited college or university;
(c) evidence of a Juris Doctor or Bachelor of Laws degree.
(8) As a prerequisite to taking the property manager's examination, every applicant shall furnish evidence satisfactory to the Real Estate Commission of successful completion of thirty classroom hours of instruction in the fundamentals of real estate property management, all as specified by the Real Estate Commission and conducted by:
(a) a university or duly accredited college wherever situated, if the credits were earned within five years prior to license application. For purposes of computing required hours of classroom instruction, one credit equals ten classroom hours; or
(b) a bona fide business school situated in this State and approved by the commission; or
(c) an institution, organization, or association approved by the commission; or
(d) correspondence where such course of instruction is part of an extension department of an accredited college or university.
(9) In lieu of the above prerequisites for the taking of a property manager's license examination, an applicant may furnish to the commission evidence of one of the following:
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