Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 40-57-115 of the 1976 Code, as last amended by Act 170 of 2016, is further amended to read:
"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 and applicants for licensure
renewal to submit to a state fingerprint-based
criminal records check, by a source approved by the
commission to be conducted by the State Law
Enforcement Division (SLED), and a national criminal records
check, supported by fingerprints, by the FBI. Costs of
conducting a criminal records check must be borne by the
applicant. 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 2. Section 40-57-340 of the 1976 Code, as added by Act 170 of 2016, is amended to read:
"Section 40-57-340.
(A) As a condition of active license
renewal:
(1)
A broker or salesperson shall submit to a criminal
background check upon every third renewal as required for
initial applicants pursuant to Section 40-57-115 and shall
provide proof of satisfactory completion biennially of ten hours
of continuing education in courses. The ten hours must include a
minimum of four hours of instruction in mandated topics.
(2)
A broker-in-charge shall submit to a criminal
background check upon every third renewal as required for
initial applicants pursuant to Section 40-57-115 and shall
provide proof of satisfactory completion biennially of ten hours
of continuing education in courses approved by the commission.
The ten hours must include a minimum of four hours of
instruction in mandated topics for a broker or salesperson
license and four hours of continuing education must be in
advanced real estate topics designed for brokers-in-charge.
(3)
A license must be renewed biennially coinciding with the
licensees' continuing education deadline. Approximately one-half
of the licensees must renew in even-numbered years and the
remainder in odd-numbered years.
(B) Exempt from the
biennial continuing education required by subsection (A) are
a:
(1)
salesperson who successfully completes a post-licensing
course or takes a broker course is exempt for the renewal period
during which the course was taken;
(2)
licensee while on inactive status;
(3)
nonresident broker or salesperson who has successfully
satisfied the continuing education requirements in their
jurisdiction of residence may be exempt with approval of the
commission; or
(4)
broker or salesperson with a minimum of twenty-five years
of licensure may apply to be granted an experience-based partial
continuing education waiver, and upon granting of the waiver, is
required to complete only the mandatory four hour core course
biennially to maintain active licensure. A broker-in-charge who
has been granted a partial continuing education waiver is
required to take the four hour core course and the mandated four
hour broker-in-charge course biennially. A licensee who
previously has been granted a full continuing education waiver
by the commission is exempt from the continuing education
requirements of this chapter.
(C) A broker or
salesperson who takes 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
salesperson who fails to submit to a criminal background
check requirements of this section or complete the
continuing education requirements of this section by the date of
license renewal may renew by submitting applicable fees but
immediately must be placed on inactive status. The license may
be reactivated upon proof of completion of required continuing
education and payment of applicable fees or submission to a
criminal background check and payment of applicable fees,
whichever remedies the deficiency that caused the licensee to be
placed on inactive status.
(E) In accordance with
regulations, providers electronically shall transmit to the
commission student continuing education and qualifying course
records. The commission shall maintain an accurate and secure
database of student records.
(F) A prelicensing and
continuing education course is eligible for distance learning.
Certification by the Association of Real Estate License Law
Officials (ARELLO) or its subsidiary, the International Distance
Education Certification Center (IDECC), is required.
(G) The commission
shall qualify for continuing education credit designation and
certification programs of nationally recognized real estate
organizations and associations. The commission may qualify for
continuing education credit other than courses currently
approved for continuing credit including, but not limited to,
courses offered by the South Carolina Bar Association, South
Carolina Forestry Board, and the South Carolina Appraisers
Board.
(H) Notwithstanding
another provision of law, the commission shall qualify for
continuing education credit courses that are related to real
estate technology, professional development, and business
ethics."
SECTION 3. This act takes effect three years after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.