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Sponsors: Reps. Huggins, Mahaffey, Sandifer, Bowen and Lowe
Document Path: l:\council\bills\gjk\20132sd07.doc
Introduced in the House on February 14, 2007
Introduced in the Senate on March 28, 2007
Last Amended on June 6, 2007
Currently residing in conference committee
Summary: Real estate brokers
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/14/2007 House Introduced and read first time HJ-3 2/14/2007 House Referred to Committee on Labor, Commerce and Industry HJ-3 2/21/2007 House Member(s) request name added as sponsor: Mahaffey 3/7/2007 House Member(s) request name added as sponsor: Sandifer 3/21/2007 House Committee report: Favorable with amendment Labor, Commerce and Industry HJ-1 3/27/2007 House Member(s) request name added as sponsor: Bowen, Lowe 3/27/2007 House Amended HJ-14 3/27/2007 House Read second time HJ-17 3/27/2007 House Roll call Yeas-104 Nays-0 HJ-17 3/28/2007 House Read third time and sent to Senate HJ-9 3/28/2007 Senate Introduced and read first time SJ-7 3/28/2007 Senate Referred to Committee on Labor, Commerce and Industry SJ-7 5/24/2007 Senate Committee report: Favorable with amendment Labor, Commerce and Industry SJ-22 5/25/2007 Scrivener's error corrected 6/6/2007 Senate Committee Amendment Amended and Adopted SJ-48 6/6/2007 Senate Amended SJ-48 6/6/2007 Senate Read second time SJ-48 6/6/2007 Senate Unanimous consent for third reading on next legislative day SJ-48 6/7/2007 Scrivener's error corrected 6/7/2007 Senate Read third time and returned to House with amendments SJ-80 6/7/2007 House Non-concurrence in Senate amendment HJ-140 6/7/2007 Senate Senate insists upon amendment and conference committee appointed Ryberg, Verdin, and Malloy SJ-26 6/7/2007 House Conference committee appointed Reps. Huggins, Scott, and Crawford HJ-153
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VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT AMENDED, ADOPTED AND AMENDED
June 6, 2007
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
which shall that must indicate creditworthiness satisfactory to the commission. If notified of unsatisfactory credit, the applicant has sixty days to respond;
(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;
rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent;
(f) rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient;
(g) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D., D.O., or any combination of these in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition in a clinical setting, unless such a designation additionally contains the description of another branch of the healing arts for which one holds a valid license in this State that is applicable to the clinical setting; and
hf) testifying as a physician in an administrative, civil, or criminal proceeding in this State by expressing an expert medical opinion."
SECTION 3. This act takes effect upon approval by the Governor.
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