Current Status Introducing Body:
SenateBill Number: 1230Ratification Number: 545Act Number: 476Primary Sponsor: MartinType of Legislation: GBSubject: Real estate brokers, education requirementsDate Bill Passed both Bodies: 19940602Computer Document Number: 1230Governor's Action: SDate of Governor's Action: 19940714Introduced Date: 19940302Date of Last Amendment: 19940601Last History Body: ------Last History Date: 19940714Last History Type: Act No. 476Scope of Legislation: StatewideAll Sponsors: MartinType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 1230 ------ 19940714 Act No. 476 1230 ------ 19940714 Signed by Governor 1230 ------ 19940602 Ratified R 545 1230 Senate 19940602 Concurred in House amendment, enrolled for ratification 1230 House 19940602 Read third time, returned to Senate with amendment 1230 House 19940601 Amended, read second time 1230 House 19940519 Committee Report: Favorable 26 with amendment 1230 House 19940426 Introduced, read first time, 26 referred to Committee 1230 Senate 19940421 Read third time, sent to House 1230 Senate 19940420 Amended, read second time 1230 Senate 19940419 Committee Report: Favorable 12 with amendment 1230 Senate 19940302 Introduced, read first time, 12 referred to CommitteeView additional legislative information at the LPITS web site.
(A476, R545, S1230)
AN ACT TO AMEND SECTION 40-57-155 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE THAT A LICENSEE MAY RECEIVE CONTINUING EDUCATION CREDIT FOR COURSES TAKEN UNDER A CONTINUING LEGAL EDUCATION PROGRAM IF SUCH COURSES RELATE DIRECTLY TO REAL ESTATE LAW IN SOUTH CAROLINA AND HAVE BEEN PREAPPROVED BY THE REAL ESTATE COMMISSION AS MEETING THE CRITERIA FOR CONTINUING REAL ESTATE EDUCATION, AND TO PROVIDE THAT CREDIT FOR SUCH COURSES IS SUBJECT TO APPROVAL BY THE REAL ESTATE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
Credit for courses at continuing legal education program
SECTION 1. Section 40-57-155 of the 1976 Code, as added by Act 170 of 1993, is amended to read:
"Section 40-57-155. (A) As a condition of license renewal, a broker or sales agent must satisfactorily complete eight hours of approved course instruction biennially as prescribed by the commission by a course provider approved by the commission. The eight hours must include a minimum of two hours of instruction on changes in federal and state law affecting licensees. A licensee having successfully completed a thirty-hour course for qualification as a broker is not required to participate in the continuing education program for that particular year. A licensee who decides to become inactive is not required to participate in the continuing education program but must complete the eight-hour requirement before returning to active status.
(B) A licensee may receive continuing education credit for courses taken under a continuing legal education program, provided such courses relate directly to real estate law in South Carolina and have been preapproved by the commission as meeting the criteria for continuing real estate education. Credit for such courses is subject to approval by the commission.
(C) The commissioner shall administer the continuing education program and shall approve and regulate courses, instructors, and course providers to implement the purposes of this section. In administering the program, the commission may promulgate regulations to require licensees to provide proof of compliance with the continuing education requirements as a condition of license renewal. The commission may contract with an outside provider for the record keeping services required by this section.
(D) Temporary fees must be charged by and paid to the commission until permanent fees are established by regulation as follows:
(1) an annual filing fee of fifteen dollars;
(2) a fee of fifteen dollars for providing certification to another state of a licensee meeting the South Carolina continuing education requirement;
(3) a fee of one hundred dollars for each course approved;
(4) a fee of one hundred dollars for each instructor approved;
(5) a fee of fifty dollars for each course approval renewal;
(6) a fee of fifty dollars for each instructor approval renewal.
(E) The commission shall promulgate regulations prescribing the overall parameters of the continuing education program.
(F) This section also applies to nonresident licensees. Where applicable, a nonresident licensee who has successfully satisfied the continuing education requirements of his resident state and certifies this information to the continuing education administrator or service is considered to have satisfied the requirements of this section. A nonresident who lives in a state which does not require continuing education must satisfy the South Carolina continuing education requirements.
(G) All information received by an outside contract service provider in the course and scope of his duties is confidential and proprietary and may not be used or disclosed beyond the requirements of the duties imposed upon them by law.
(H) A licensee upon reaching the age of sixty-five, with a minimum of twenty-five years of licensure, is exempt from the requirements of this section."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 14th day of July, 1994.