Senator LEATHERMAN proposed the following Amendment No. 3 (4861R002.HKL), which was adopted:
Amend the bill, as and if amended, page 22, by striking lines 6 through 18, and inserting in lieu thereof the following:
/real estate from an accredited college or university, or the commission may, at its discretion, accept proof of at least five years of equivalent experience immediately preceding license application in business activities closely related to real estate transactions;
(2) For a broker's license, completion of ninety hours, including the sixty hours completed for salesman's license, of classroom instruction in advanced real estate principles and practices and related topics plus three years of experience as a licensee. In lieu of the experience and classroom hours required for taking the broker's license examination, an applicant may furnish to the department evidence of a Juris Doctor, Bachelor of Laws degree, or a baccalaureate degree with a major in real estate from an accredited college or university, or the commission may, at its discretion, accept proof of at least five years of equivalent experience immediately preceding license application in business activities closely related to real estate transactions;
(3) For a property manager's license, completion of thirty hours of classroom instruction in property management principles and practices. In lieu of classroom hours required for taking the property manager's license examination, an applicant may furnish to the department evidence of a Juris Doctor, Bachelor of Laws degree, or a baccalaureate degree with a major in real estate from an accredited college or university, or the commission may, at its discretion, accept proof of at least five years of equivalent experience immediately preceding license application in business activities closely related to real estate transactions./
Amend the bill further, as and if amended, page 26, line 22, by striking /sixty/ and inserting in lieu thereof/sixty-five/
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator CORK proposed the following Amendment No. 4 (4861R003.HAC), which was adopted:
Amend the bill, as and if amended, page 18, line 12, by striking /publication,/.
Amend the bill further, as and if amended, page 18, by striking lines 38 through 39.
Amend the bill further, as and if amended, page 23, by striking line 15, and inserting in lieu thereof the following:
/(1) has an ownership interest in the/.
Amend the bill further, as and if amended, page 23, line 17, by striking line 17 and inserting in lieu thereof the following:
/(2) is actively engaged in the operation and/.
Amend the bill further, as and if amended, page 28, by striking lines 18 and 19, and inserting in lieu thereof the following:
/deposit, and the dispute is not resolved/
Amend the bill further, as and if amended, page 32, by striking lines 5 through 8.
Amend the bill further, as and if amended, page 33, by striking line 1, and inserting in lieu thereof the following:
/(E) The management/.
Amend the bill further, as and if amended, page 33, by striking lines 3 and 4 and inserting in lieu thereof the following:
/(1) The department at its discretion may permit multiple multi-unit rental property locations to be managed by one licensee./.
Amend the bill further, as and if amended, page 44, by striking lines 19 through 24, and inserting in lieu thereof the following:
/(A) any transaction involving the sale, rental, or leasing of real estate by an unlicensed owner of real estate who owns any interest in the real estate;/
Renumber sections to conform.
Amend title to conform.
Senator CORK explained the amendment.
Senator CORK moved that the amendment be adopted.
The amendment was adopted.
Senators J. VERNE SMITH, LANDER and ALEXANDER proposed the following Amendment No. 2 (S-LCI\4861.001), which was adopted:
/(3) For a property manager's license, completion of thirty hours of classroom instruction in property management principles and practices. In lieu of the classroom instruction required for taking the property manager's examination, an applicant may furnish to the department evidence of a Juris Doctor, Bachelor of Laws degree, or a baccalaureate degree with a major in real estate from an accredited college or university./
Amend the bill further, as and if amended, page 26, by striking Section 40-57-130, lines 3 through 32, and inserting:
/Section 40-57-130. (A) As a condition of active license renewal, a broker or salesman shall provide proof of satisfactory completion biennially of eight hours of instruction in courses approved by the department and taught by instructors approved by the department. The eight hours shall include a minimum of two hours of instruction in current federal and state law affecting brokers and salesmen.
(B) The following are exempt from the mandatory continuing education program:
(1) a broker or salesman who successfully completes a thirty-hour postlicensing course or a licensee who successfully completes the thirty-hour course for qualification as a broker;
(2) a broker or salesman while on inactive status; however, the eight-hour requirement must be completed and proof submitted with an application to return to active status;
(3) instructors of approved courses if they request in writing continuing education credit for time spent teaching or developing approved continuing education courses;
(4) a nonresident broker or salesman who has successfully satisfied the continuing education requirements of the jurisdiction of residence;
(5) a broker or salesman upon reaching the age of sixty years with a minimum of twenty-five years of licensure.
(C) Brokers or salesmen taking more than the required number of hours during a two-year period may not carry forward any excess hours to another renewal period.
(D) A broker or salesman who fails to complete continuing education requirements by the date of license renewal may renew by applying applicable fees, but must immediately be placed on inactive status and may not engage in the practice of real estate while on inactive status. The license may be reactivated upon proof of completion of required continuing education and payment of applicable fees./
/(A) an unlicensed owner of real estate who owns any interest in the real estate;/
Amend the bill further, as and if amended, page 44, by deleting Section 40-57-250.
Amend title to conform.
Senator LANDER explained the amendment.
Senator LANDER moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
At 12:50 P.M., on motion of Senator BRYAN, the Senate receded from business until 1:00 P.M.
At 1:00 P.M., the Senate resumed.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:
(R497) S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: AN ACT TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ROBBERY AND ATTEMPTED ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO INCLUDE ALLEGING BEING ARMED AND REASONABLY BELIEVING THE PERSON TO BE ARMED AND TO DELETE PROVISIONS RELATING TO THE SENTENCING OF A YOUTHFUL OFFENDER GUILTY OF THESE CRIMES; TO AMEND SECTIONS 20-7-2170 AND 20-7-2195, BOTH AS AMENDED, BOTH RELATING TO THE TRANSFER OF JUVENILES TO THE YOUTHFUL OFFENDER DIVISION, SO AS TO PROVIDE THAT THE BOARD OF JUVENILE PAROLE RATHER THAN THE DEPARTMENT OF CORRECTIONS HAS AUTHORITY FOR RELEASE OF SUCH JUVENILES; TO AMEND SECTION 24-19-10, AS AMENDED, RELATING TO DEFINITIONS UNDER
(R498) S. 506 -- Senator Saleeby: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON THE SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK, ONLY THE CONTRACTOR OR SUBCONTRACTOR WHO REPRESENTED HIMSELF AS HAVING WORKERS' COMPENSATION INSURANCE MAY BE CONSIDERED A STATUTORY EMPLOYER FOR CLAIMS FILED BY HIS EMPLOYEES UNDER THE WORKERS' COMPENSATION LAW, AND TO PROVIDE FOR THE IMPOSITION OF THE PENALTIES FOR FRAUD UNDER CERTAIN CIRCUMSTANCES.
(R499) S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES, AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO
(R500) S. 938 -- Senator Short: AN ACT TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION, TO PROVIDE FOR THE APPLICABILITY OF THE NONPARTISAN ELECTION PROVISIONS TO SPECIFIC SEATS IN SPECIFIC YEARS, AND TO PROVIDE FOR CERTAIN ELECTION PROCEDURES IN REGARD TO THE CONDUCT OF THESE ELECTIONS.
(R501) S. 1028 -- Senators Hayes, Short and Peeler: AN ACT TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION, PROHIBIT A MUNICIPALITY WHICH TRANSFERS A PORTION OF THE RESPONSIBILITIES FOR THE CONDUCT OF A MUNICIPAL ELECTION FROM ABOLISHING THE MUNICIPAL
(R502) S. 1037 -- Senators Leventis and Washington: AN ACT TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO CREATE A FIRST OFFENSE VIOLATION OF A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH, AND A SECOND OR SUBSEQUENT OFFENSE VIOLATION OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH.
(R503) S. 1286 -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS OR HOMES FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES OR PERSONS WHO ARE REQUIRED TO REGISTER UNDER THE SEX OFFENDER REGISTRY ACT, TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF THESE DISQUALIFYING CRIMES WHO APPLIES FOR EMPLOYMENT WITH OR IS EMPLOYED BY SUCH A DAY CARE CENTER IS
(R504) S. 1375 -- Senator Matthews: AN ACT TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE
(R505) H. 3116 -- Reps. Cato and Meacham: AN ACT TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT PERSONS WATERSKIING, SURFBOARDING, OR RIDING SIMILAR OBJECTS MUST WEAR A SKI BELT OR LIFE PRESERVER, SO AS TO PROVIDE THAT PERSONS WATERSKIING OR RIDING ANY OBJECT BEING TOWED BY A MOTORIZED WATERCRAFT MUST WEAR CERTAIN APPROVED PERSONAL FLOTATION DEVICES, AND TO PROVIDE FOR PERSONS EXEMPT FROM THE ABOVE PROVISIONS; TO AMEND SECTION 50-21-860, AS AMENDED, RELATING TO RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROVIDE FOR SPECIFIED AREAS WHERE IT IS UNLAWFUL TO OPERATE AIRBOATS DURING CERTAIN HOURS; AND TO AMEND SECTION 5-7-140, RELATING TO AREAS WHERE THE POLICE JURISDICTION AND SANITATION AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN OR THE HIGH-WATER MARK OF ANY OTHER NAVIGABLE BODY OF WATER IS EXTENDED, SO AS TO
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