S*323 Session 104 (1981-1982)
S*0323(Rat #0187, Act #0135 of 1981) General Bill, By Ravenel and McConnell
A Bill to amend Chapter 9 of Title 27, Code of Laws of South Carolina, 1976,
relating to conservation restrictions and easements, by adding Section
27-9-30, so as to provide that conservation restrictions and easements shall
be transferrable and alienable.
03/11/81 Senate Introduced and read first time SJ-7
03/11/81 Senate Referred to Committee on Judiciary SJ-7
04/23/81 Senate Recalled from Committee on Judiciary SJ-5
04/28/81 Senate Read second time SJ-49
04/30/81 Senate Read third time and sent to House SJ-23
05/05/81 House Introduced and read first time HJ-2196
05/05/81 House Referred to Committee on Agriculture and Natural
Resources HJ-2196
06/17/81 House Committee report: Favorable Agriculture and
Natural Resources HJ-3247
06/23/81 House Read second time HJ-3324
06/24/81 House Read third time and enrolled HJ-3345
06/30/81 Senate Ratified R 187 SJ-11
07/01/81 Signed By Governor
07/01/81 Effective date 07/01/81
07/01/81 Act No. 135
07/10/81 Copies available
(A135, R187, S323)
AN ACT TO AMEND CHAPTER 9 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO CONSERVATION RESTRICTIONS AND EASEMENTS, BY ADDING SECTION 27-9-30,
SO AS TO PROVIDE THAT CONSERVATION RESTRICTIONS AND EASEMENTS SHALL BE
TRANSFERABLE AND ALIENABLE.
Be it enacted by the General Assembly of the State of South Carolina:
Conservation restriction and easements transferable
SECTION 1. Chapter 9 of Title 27 of the 1976 Code is amended by adding:
"Section 27-9-30. Notwithstanding precedents of common law, a conservation
restriction or easement as described in Section 27-9-10 shall be devisable,
assignable and otherwise freely alienable, whether held by public or private
interests."
Time effective
SECTION 2. This act shall take effect upon approval by the Governor.
ACN:
0136
0188
S0279
AN ACT TO AMEND SECTION 40-57-100, AS AMENDED,
AND SECTION 40-57-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL
ESTATE LICENSE EXAMINATIONS, SO AS TO MODIFY THE PREREQUISITES FOR TAKING SUCH
EXAMINATIONS AND INCLUDE REAL ESTATE AUCTIONEERS IN THE CATEGORIES OF PERSONS
REQUIRING SUCH EXAMINATIONS; TO AMEND SECTION 40-67-130, RELATING TO TEMPORARY
LICENSES AND THE EXEMPTION OF REGISTERED FORESTERS FROM LICENSE REQUIREMENTS, SO
AS TO DELETE PROVISIONS RELATING TO TEMPORARY LICENSES; AND TO AMEND SECTION
40-57-150, AS AMENDED, RELATING TO REAL ESTATE LICENSE FEES, SO AS TO DELETE
TEMPORARY LICENSE FEES AND ADD REAL ESTATE AUCTIONEERS TO THE CATEGORIES SUBJECT
TO THE FEE SCHEDULE.
Be it enacted by the General Assembly of the State of South Carolina:
Application must be filed with Real Estate Commission
SECTION 1. Section 40-57-100 of the 1976 Code, as last amended by Act 519 of
1976, is further amended to read:
"Section 40-57-100. (1) Any person desiring to act as a real estate
broker, counsellor, real estate salesman, appraiser, property manager or real
estate auctioneer shall file with the Real Estate Commissioner an application in
writing upon such form and with such detail as the South Carolina Real Estate
Commission shall prescribe, and each applicant shall first pass to the
satisfaction of the Commissioner the examination hereinafter prescribed, unless
he be exempt therefrom as herein provided.
Prerequisites for the taking of an examination for the broker license shall be
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 shall include
the required sixty hours of instruction for a real estate salesman 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, provided such
credits were earned within five years prior to license application. For purposes
of computing required hours of classroom instruction, one credit shall equal ten
classroom hours;
(b) a bona fide business school situated in this State and approved by the
Commission;
(c) an institution, organization or association approved by the Commission;
(d) correspondence where such course of instruction is part of an extension
department of an accredited college or university. In lieu of the above
prerequisites for the taking of a broker license examination, an applicant may
furnish to the Commission evidence of one of the following:
(i) a baccalaureate degree with a major in real estate from an accredited
college or university, or a Juris Doctor or Bachelor of Law degree, or
(ii) proof acceptable to the Commission of at least five years of equivalent
experience immediately preceding license application in business activities
closely related to real estate transactions.
(2) As a prerequisite to taking the first year real estate sales examination,
every applicant shall furnish evidence satisfactory to the Real Estate Commission
of successful completion of thirty classroom hours instruction in the
fundamentals of real estate as prescribed by subsection (1), within one year of
passing the first year exam, and prior to completing one year of actual sales
experience each applicant must satisfactorily complete an additional thirty hours
of instruction in order to qualify for the final sales examination. Provided,
however, 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 license.
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, immediately
preceding application, in real estate transactions acceptable to the Commission,
or
(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, or
(c) evidence of a Juris Doctor or Bachelor of Law degree."
Applicant to submit examination
SECTION 2. Section 40-57-110 of the 1976 Code is amended to read:
"Section 40-57-110. In addition to the proof of honesty, integrity,
truthfulness and good reputation of an applicant for a license, either broker,
counsellor, salesman, appraiser, property manager or real estate auctioneer, the
applicant shall submit to a written examination to be prepared and conducted by
the Commissioner or an institution designated by the Commission. There shall be
a first year sales examination, a final sales examination and a third more
comprehensive examination to qualify as a broker."
Not to apply to foresters
SECTION 3. Section 40-57-130 of the 1976 Code is amended to read:
"Section 40-57-130. This chapter shall not apply to foresters registered
under the provisions of Chapter 27 of Title 48, so long as the sale of any land
is merely incidental to the sale of timber thereon."
Fees
SECTION 4. Section 40-57-150 of the 1976 Code, as last amended by Act 534 of
1978, is further amended to read:
"Section 40-57-150. The following license fees shall be charged by and
paid to the Commissioner:
(1) For each principal real estate broker's license, a fee of fifty dollars,
and for each annual renewal thereof a fee of thirty dollars;
(2) For each real estate salesman, counsellor, appraiser, property manager,
or real estate auctioneer license, a fee of twenty-five dollars, and for each
annual renewal thereof a fee of fifteen dollars;
(3) For each additional office or place of business, or each duplicate
license where the original is lost or destroyed and an affidavit made thereof a
fee of one dollar each;
(4) For each change of office, or place of business, and for each change of
name or address of licenses on the records of the Commissioner, a fee of five
dollars.
The Commissioner shall provide for the quarterly proration of fees based on the
renewal schedule, plus the sum of five dollars.
None of the license fees herein provided for shall be in lieu of any business
license fees or taxes imposed by a municipality. In addition to the fees
authorized by this section, the Commission shall be authorized to contract with
a state-funded institution of higher learning to conduct examinations for the
Commission and such institution shall be authorized to charge and collect
examination fees, not to exceed the reasonable cost to conduct such examinations,
which shall be retained by the institution to defray the cost of conducting those
examinations.
The Real Estate Commission is authorized to allocate the sum of five dollars
from each real estate broker's annual renewal fee and from each real estate
salesman, counsellor, appraiser, or property manager's annual renewal fee to a
state-funded institution of higher learning to be used for the following
purposes: (1) to carry out the advancement of education and research for the
benefit of those licensed under the provisions of this section and for the
improvement and increased efficiency of the real estate industry in this State,
(2) to provide for the analysis and evaluation of factors which affect the real
estate industry in South Carolina; and (3) to provide for the dissemination of
the results of such research.
The funds collected from the five dollar fee authorized in the above paragraph
shall be deposited in a special fund by the State Treasurer to be used
exclusively for the purposes provided in the above paragraph. Withdrawals from
the fund shall be made upon the written request of the South Carolina Real Estate
Commission."
Persons to continue in temporary program
SECTION 5. Persons participating in the "temporary" program shall
continue in that program until completion notwithstanding the amendment to
Section 40-57-130 of the 1976 Code as contained in Section 3 of this act.
Time effective
SECTION 6. This act shall take effect upon approval by the Governor. |