Reference is to Printer's Date 3/13/13-S.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 40-57-40 of the 1976 Code, as last amended by Act 279 of 2012, is further amended to read:
"Section 40-57-40.
(A) The South Carolina Real Estate
Commission consists of ten members elected or appointed as
follows:
(1)
seven members who are professionally engaged in the active
practice of real estate, one elected from each of the seven
congressional districts by a majority of house members and
senators, representing the house and senate districts located
within each of the congressional districts;
(2)
two members representing the public who are not
professionally engaged in the practice of real estate, each
appointed by the Governor with the advice and consent of the
Senate;
(3)
the nine elected and appointed members shall elect from
the State at large one additional member who must be in the
active practice of real estate.
(B)(1)
Members elected to the commission pursuant to
subsection (A)(1) of this section must be elected as provided in
this subsection. Legislators residing in the congressional
district shall meet upon written call of a majority of the
members of the delegation of each district at a time and place
to be designated in the call for the purpose of electing a
commissioner to represent the district. A majority present,
either in person or by written proxy, of the delegation from a
given congressional district constitutes a quorum for the
purpose of electing a district commissioner. No person may be
elected commissioner who fails to receive a majority vote of the
members of the delegation.
(2)
The delegation must be organized by the election
of a chairman and a secretary, and the delegations of each
congressional district shall adopt such rules as they consider
proper to govern the election. Any absentee may vote by written
proxy. When the election is completed, the chairman and the
secretary of the delegation immediately shall transmit the names
of the persons elected to the Secretary of State.
(BC)
Commission members serve a term of four years and until
their successors are elected or appointed and qualify. A
vacancy on the commission must be filled in the manner of the
original election or appointment for the remainder of the
unexpired term.
(CD)
Before entering upon the discharge of the duties of the
office, a member's election or appointment must be certified by
and the member shall take and file with the Secretary of State,
in writing, an oath to perform the duties of the office as a
member of the commission and to uphold the Constitutions of this
State and the United States.
(DE)
A member's term commences on the date election or
appointment is certified by the Secretary of State.
(EF)
A member may be removed from office in accordance with
Section 1-3-240.
(G)(1) The
director, with the advice and consent of the commission, shall
designate for the exclusive use of the commission one full-time
administrator who is a real estate broker licensed pursuant to
the provisions of this chapter with at least five years
experience as a real estate broker or salesman licensed pursuant
to the provisions of this chapter. The experience requirements
in this subitem apply only to an administrator hired after the
effective date of this act.
(2)
The director shall designate five full-time
inspector-investigators for the exclusive use of the commission.
Before conducting inspections or investigations on behalf of the
commission, these inspector-investigators must complete one
hundred hours of training in programs that are approved by the
commission and provide instruction on real estate principles,
state statutory and regulatory law, and investigative
techniques.
(3)
The department may not assign work that is not
exclusively related to carrying out the purposes of this chapter
to a person assigned for the exclusive use of the commission
under items (1) or (2) of this subsection without approval of
the commission.
(4)
A person employed by the commission under this
subsection only may be terminated by the director."
SECTION 2. Chapter 57, Title 40 of the 1976 Code is amended by adding:
"Section 40-57-115. In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure as a salesman, broker, broker-in-charge, property manager, and property manager-in-charge, the commission shall require initial applicants to submit to a state criminal history background check, supported by fingerprints by the South Carolina Law Enforcement Division, and a national criminal history background check, supported by fingerprints by the Federal Bureau of Investigation. The results of these criminal history background checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. The cost of the state criminal history background check must be paid by the applicant upon application for the state check. The cost of the national criminal history background check is established by the Federal Bureau of Investigation and must be paid by the applicant upon application for the national check. The commission shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as necessary to support the administrative action."
SECTION 3. Section 40-57-150 of the 1976 Code is amended to read:
"Section 40-57-150.
(A) Investigations must be conducted
in accordance with Section 40-1-80.
(B) A restraining order
must be obtained in accordance with Section 40-1-100.
(C)(1) Whenever the
department has reason to believe that a violation of this
chapter has occurred, an investigation must be initiated within
thirty days.
(2)
The department shall conclude its investigation
within one hundred fifty days from receipt of the complaint or
seek a waiver of this period from the commission upon a showing
of due diligence and extenuating circumstances.
(23) A hearing
on the charges must be at the time and place designated by the
commission and must be conducted in accordance with the
Administrative Procedures Act.
(34) The
commission shall render a decision and shall serve, within
ninety days, notice, in writing, of the commission's decision to
the licensee charged. The commission also shall state in the
notice the date upon which the ruling or decision becomes
effective.
(45) The
department shall maintain a public docket or other permanent
record in which must be recorded all orders, consent orders, or
stipulated settlements.
(D) A licensee may
voluntarily surrender his license in accordance with Section
40-1-150.
(E)(1) The commission
may impose disciplinary action in accordance with Section
40-1-120.
(2)
Upon determination by the commission that one or more of
the grounds for discipline exists, as provided for in Section
40-1-110 or Section 40-57-140, the commission may impose a fine
of not less than one hundred or more than one thousand dollars
for each violation. The commission may recover the costs of the
investigation and the prosecution as provided for in Section
40-1-170.
(3)
Nothing in this section prevents a licensee from
voluntarily entering into a consent order with the commission
wherein violations are not contested and sanctions are
accepted.
(F) The
department shall annually post a report that provides the data
for the number of complaints received, the number of
investigations initiated, the average length of investigations,
and the number of investigations that exceeded one hundred fifty
days."
SECTION 4. Section 40-57-145(A)(8) of the 1976 Code is amended to read:
"(8)
is convicted of violating the federal and state
fair housing laws, forgery, embezzlement, breach of trust,
larceny, obtaining money or property under false pretense,
extortion, fraud, conspiracy to defraud, or any other
offense classified as a felony or involving moral turpitude, or
pleading guilty or nolo contendere to any such offense in a
court of competent jurisdiction of this State, any other state,
or any federal court is required to register under
the sex offender registry pursuant to Section 23-3-430, or has
been convicted of a violent crime as defined in Section 16-1-60,
has been convicted during the previous five years of a felony
directly related to the practice of the profession, or has been
convicted during the previous seven years of a felony, an
essential element of which is dishonesty, reasonably related to
the practice of the profession, or pleading guilty or nolo
contendere to any such offense in a court of competent
jurisdiction of this State, any other state, or any federal
court;"
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.