Current Status Introducing Body:Senate Bill Number:700 Ratification Number:200 Act Number:170 Primary Sponsor:Land Type of Legislation:GB Subject:Real estate broker, continuing education Date Bill Passed both Bodies:19930603 Computer Document Number:NO5/7132AL.93 Governor's Action:S Date of Governor's Action:19930616 Introduced Date:19930415 Date of Last Amendment:19930603 Last History Body:------ Last History Date:19930616 Last History Type:Act No. 170 Scope of Legislation:Statewide All Sponsors:Land Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
700 ------ 19930616 Act No. 170
700 ------ 19930616 Signed by Governor
700 ------ 19930610 Ratified R 200
700 Senate 19930603 Free Conference Committee 99
Report received, adopted,
enrolled for ratification
700 Senate 19930603 Free Conference Powers 99 Land
granted, appointed Senators Leatherman
to Committee of Free Elliott
Conference
700 House 19930603 Free Conference Committee 99
Report received, adopted
700 House 19930603 Free Conference Powers 99 McLeod
granted, appointed Reps. to G. Bailey
Committee of Free Conference Govan
700 Senate 19930603 Conference powers granted, 98 Land
appointed Senators to Leatherman
Committee of Conference Elliott
700 House 19930602 Conference powers granted, 98 McLeod
appointed Reps. to Committee G. Bailey
of Conference Govan
700 House 19930602 Insists upon amendment
700 Senate 19930602 Non-concurrence in House
amendment
700 House 19930602 Read third time, returned to
Senate with amendment
700 House 19930601 Amended, read second time
700 House 19930527 Introduced, read first time,
placed on Calendar without
reference
700 Senate 19930526 Read third time, sent to House
700 Senate 19930518 Amended, read second time,
ordered to third reading with
notice of general amendments
700 Senate 19930517 Committee Report: Favorable 12
with amendment
700 Senate 19930415 Introduced, read first time, 12
referred to Committee
View additional legislative information at the LPITS web site.
(A170, R200, S700)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM; AND TO AMEND SECTION 40-57-160, RELATING TO ISSUANCE OF LICENSES, SO AS TO REQUIRE LICENSES TO BE RENEWED AT ANY TIME INSTEAD OF A JUNE THIRTIETH EXPIRATION.
Be it enacted by the General Assembly of the State of South Carolina:
Continuing education for real estate agents
SECTION 1. The 1976 Code is amended by adding:
"Section 40-57-155. 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.
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.
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.
The commission shall promulgate regulations prescribing the overall parameters of the continuing education program.
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.
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.
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."
Expiration date removed
SECTION 2. Section 40-57-160 of the 1976 Code, as last amended by Act 12 of 1991, is further amended to read:
"Section 40-57-160. It is the duty of the commissioner to issue a license to engage in the business of real estate broker, counsellor, salesman, property manager, or auctioneer to all applicants who are duly qualified under, and who comply with, all requirements of this chapter and all regulations of the commissioner. The license must be in that form and size as the commissioner prescribes and must not be transferable. The licenses expire annually."
Time effective
SECTION 3. This act takes effect July 1, 1994.
Approved the 16th day of June, 1993.