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Bill 3516

Indicates Matter Stricken
Indicates New Matter

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 24, 2007

H. 3516

Introduced by Reps. Huggins, Mahaffey, Sandifer, Bowen and Lowe

S. Printed 5/24/07--S.

Read the first time March 28, 2007.

To whom was referred a Bill (H. 3516) 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, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, on Page 1, by striking lines 40 - 42 and on Page 2, by striking lines 1 - 6 and inserting:

/        (6)    pass the applicable examination.; and

(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.                /

Amend the bill further, as and if amended, on Page 2, by striking lines 14 - 16 and inserting:

/        (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; and        /

Renumber sections to conform.

Amend title to conform.

W. GREG RYBERG for Committee.

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.

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 criminal record reports from one or more reporting services designated by the commission to provide criminal record reports. Applicants are required to pay the designated reporting service for the cost of these reports; and

(8)    satisfy the commission that he possesses the competency, honesty, truthfulness, integrity, and general moral character necessary to protect the public interest and promote public confidence in the real estate brokerage business.

(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 finds that the results of any required competency examination and investigation of the applicant's moral character are satisfactory; and

(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.    This act takes effect upon approval by the Governor.

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