H 3516 Session 117 (2007-2008) H 3516 General Bill, By Huggins, Mahaffey, Sandifer, Bowen and Lowe A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER, SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.
Indicates New Matter COMMITTEE AMENDMENT AMENDED, ADOPTED AND AMENDED June 6, 2007 H. 3516 Introduced by Reps. Huggins, Mahaffey, Sandifer, Bowen and Lowe S. Printed 6/6/07--S. [SEC 6/7/07 1:34 PM] Read the first time March 28, 2007.
TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER, SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 40-57-80 of the 1976 Code is amended to read: "Section 40-57-80. (A) To be eligible for licensure, an applicant shall: (1) have attained the age of twenty-one if applying for a license as a broker, broker-in-charge, or property manager-in-charge; (2) have attained the age of eighteen if applying for a license as a salesman or property manager;
(3) submit to a credit report (4) have graduated from high school or hold a certificate of equivalency; (5) submit proof of completion of education and, if applicable, experience requirements as specified in this chapter;
(6) pass the applicable examination (7) obtain and provide a criminal history background check to the commission. The applicant may be required to furnish a full set of fingerprints and additional information required to enable a criminal history background check to be conducted by the State Law Enforcement Division, or a private firm approved by the State Law Enforcement Division, or the state identification bureau of another state and the Federal Bureau of Investigation. Costs of conducting a criminal history background 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 may be necessary to support the administrative action. (B)(1)The commission shall issue to the applicant a license that authorizes the applicant to act as a real estate broker, real estate salesperson, or real estate property manager in the State of South Carolina if: (a) the applicant completes all requirements, including but not limited to, education requirements, as required by this section and this chapter; (b) the commission does not have grounds to deny licensure to the applicant based upon the applicant's prior criminal record as provided in Section 40-1-140, except that a conviction for a violation of Section 34-11-60 or Section 34-11-80 may not be grounds for denial of licensure if the offense concerned the applicant's personal funds and not funds in a trust account, he satisfied all civil penalties levied, and was imprisoned for not more than thirty days. (c) the applicant pays the fee for licensure. (2) If the applicant has an unsatisfactory examination or investigation, the commission must notify the applicant in writing. The applicant has sixty days from the date of notification to respond to the commission." SECTION 2. Section 40-47-20(36) of the 1976 Code, as amended by Act 385 of 2006, is further amended to read: "(36) 'Practice of medicine' means: (a) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State; (b) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person; (c) offering or undertaking to prevent or to diagnose, correct, or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management or pregnancy and parturition; (d) offering or undertaking to perform any surgical operation upon a person;
(e)
( SECTION 3. This act takes effect upon approval by the Governor.
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