2005-2006 Bill 3478: Grounds for Denial of Licensure Or for Disciplinary Action Against

South Carolina General Assembly

116th Session, 2005-2006

A352, R399, H3478

STATUS INFORMATION

General Bill

Sponsors: Rep. Huggins

Document Path: l:\council\bills\nbd\11246ac05.doc

Introduced in the House on February 8, 2005

Introduced in the Senate on April 13, 2005

Last Amended on May 25, 2006

Passed by the General Assembly on May 31, 2006

Governor's Action: June 12, 2006, Signed

Summary: Grounds for denial of licensure or for disciplinary action against real estate professionals

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

2/8/2005HouseIntroduced and read first time HJ3

2/8/2005HouseReferred to Committee on Labor, Commerce and IndustryHJ3

4/6/2005HouseCommittee report: Favorable with amendment Labor, Commerce and IndustryHJ3

4/12/2005HouseAmended HJ18

4/12/2005HouseRead second time HJ18

4/13/2005HouseRead third time and sent to Senate HJ30

4/13/2005SenateIntroduced and read first time SJ8

4/13/2005SenateReferred to Committee on Labor, Commerce and IndustrySJ8

3/2/2006SenateCommittee report: Favorable Labor, Commerce and IndustrySJ14

3/28/2006SenateAmended SJ76

5/25/2006SenateAmended SJ147

5/25/2006SenateRead second time SJ147

5/26/2006Scrivener's error corrected

5/30/2006SenateRead third time and returned to House with amendments SJ10

5/31/2006HouseConcurred in Senate amendment and enrolled HJ95

6/7/2006Ratified R 399

6/12/2006Signed By Governor

6/15/2006Copies available

6/15/2006Effective date 06/12/06

6/23/2006Act No.352

VERSIONS OF THIS BILL

2/8/2005

4/6/2005

4/12/2005

3/2/2006

3/28/2006

5/25/2006

5/26/2006

(A352, R399, H3478)

AN ACT TO AMEND SECTION 4057145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AGAINST REAL ESTATE PROFESSIONALS, INCLUDING BROKERS, AGENTS, AND PROPERTY MANAGERS, SO AS TO CLARIFY THAT PAYMENT OF A COMMISSION OR COMPENSATION TO AN UNLICENSED INDIVIDUAL IS PROHIBITED FOR CONDUCTING ACTIVITIES REQUIRING A LICENSE AND TO FURTHER PROVIDE THAT A LICENSEE MAY NOT PAY OR OFFER TO PAY A REFERRAL FEE TO AN UNLICENSED INDIVIDUAL WHO IS NOT A PARTY TO THE TRANSACTION.

Be it enacted by the General Assembly of the State of South Carolina:

Grounds of misconduct

SECTION1.Section 4057145(A)(11) of the 1976 Code, as last amended by Act 218 of 2004, is further amended to read:

“(11)pays a commission or compensation to an unlicensed individual for activities requiring a license under this chapter. Notwithstanding this section, a licensee may not pay or offer to pay a referral fee or finder’s fee to an unlicensed individual that is not a party in the real estate transaction;”

Time effective

SECTION2.This act takes effect upon approval by the Governor.

Ratified the 7th day of June, 2006.

Approved the 12th day of June, 2006.

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