H 3101 General Bill, By Kirsh
 A BILL TO AMEND SECTION 23-43-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO ESTABLISHMENT OF FEES BY THE SOUTH CAROLINA BUILDING CODES
 COUNCIL FOR THE ENFORCEMENT OF THE SOUTH CAROLINA MODULAR BUILDINGS
 CONSTRUCTION ACT, SO AS TO PROVIDE THAT THE COUNCIL SHALL ESTABLISH FEES BASED
 UPON THE COSTS OF ADMINISTERING THE CHAPTER AND TO DELETE THE PROVISION
 REQUIRING THE DEPOSIT OF THESE FEES IN THE STATE GENERAL FUND; AND TO AMEND
 SECTION 41-16-140 AND SECTION 41-18-120, BOTH AS AMENDED, RELATING TO THE
 PROMULGATION OF REGULATIONS TO ESTABLISH FEES FOR THE INSPECTION AND
 PERMITTING OF ELEVATORS AND OF AMUSEMENT RIDES, RESPECTIVELY, SO AS TO PROVIDE
 THAT THESE FEES MUST BE BASED UPON THE COSTS OF ADMINISTERING THEIR RESPECTIVE
 CHAPTERS, TO PROHIBIT THE ISSUANCE OF LICENSES OR PERMITS IF A PERSON HAS
 FAILED TO PAY THE APPLICABLE FEES, AND TO PROVIDE THAT THE SET-OFF DEBT
 COLLECTION ACT MUST BE USED FOR THE COLLECTION OF UNPAID FEES.

   12/08/04  House  Prefiled
   12/08/04  House  Referred to Committee on Labor, Commerce and Industry
   01/11/05  House  Introduced and read first time HJ-81
   01/11/05  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-81

H. 3101

TO AMEND SECTION 23-43-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF FEES BY THE SOUTH CAROLINA BUILDING CODES COUNCIL FOR THE ENFORCEMENT OF THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO PROVIDE THAT THE COUNCIL SHALL ESTABLISH FEES BASED UPON THE COSTS OF ADMINISTERING THE CHAPTER AND TO DELETE THE PROVISION REQUIRING THE DEPOSIT OF THESE FEES IN THE STATE GENERAL FUND; AND TO AMEND SECTION 41-16-140 AND SECTION 41-18-120, BOTH AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS TO ESTABLISH FEES FOR THE INSPECTION AND PERMITTING OF ELEVATORS AND OF AMUSEMENT RIDES, RESPECTIVELY, SO AS TO PROVIDE THAT THESE FEES MUST BE BASED UPON THE COSTS OF ADMINISTERING THEIR RESPECTIVE CHAPTERS, TO PROHIBIT THE ISSUANCE OF LICENSES OR PERMITS IF A PERSON HAS FAILED TO PAY THE APPLICABLE FEES, AND TO PROVIDE THAT THE SET-OFF DEBT COLLECTION ACT MUST BE USED FOR THE COLLECTION OF UNPAID FEES.

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

SECTION    1.    Section 23-43-160 of the 1976 Code, as last amended by Act 560 of 1990, is further amended to read:

"Section 23-43-160.    The council may establish various fees for the proper enforcement and implementation of this chapter. These fees must be established by regulations promulgated by the council in accordance with the Administrative Procedures Act based upon the costs of administering the provisions of this chapter and must give due regard to the time spent by department personnel in performing duties pursuant to this chapter. Adjustments to fees must be made in accordance with Procedures in Chapter 1, Title 40. Fees may be charged to any person engaged in the manufacture, inspection, or installation of modular building units. All funds derived from fees must be deposited in the general fund of the State."

SECTION    2.    Section 41-16-140 of the 1976 Code, as last amended by Act 102 of 1993, is further amended to read:

"Section 41-16-140.    The commissioner Department of Labor, Licensing and Regulation shall promulgate regulations to charge and collect fees for inspection, permits, and licenses, and these fees must be based upon the costs of administering this chapter. Fees may be set by regulation not more than once each year. Fees established by the commissioner must be based upon the costs of administering the provisions of this chapter and shall give due regard to the time spent by department personnel in performing duties and to any travel expenses incurred.

In cases where the fees are not paid within sixty days, the Attorney General shall bring an action against the assessed owner or operator. Any amounts collected must be turned over to the State Treasurer for deposit in the general fund of the State. The State may be granted costs and attorneys' fees for such collection actions Adjustments to fees must be made in accordance with procedures established in Chapter 1, Title 40. No permit or license may be issued to a person who has failed to pay applicable fees. All unpaid fees are subject to the collection and enforcement provisions of the Set-off Debt Collection Act."

SECTION    3.    Section 41-18-120 of the 1976 Code, as last amended by Act 283 of 1998, is further amended to read:

"Section 41-18-120.    The director may promulgate regulations consistent with this chapter guarding against personal injuries in the assembly, disassembly, and use of amusement devices at carnivals, fairs, and amusement parks to persons employed at or to persons attending the carnivals, fairs, and amusement parks and regarding enforcement of any other provision of this chapter. The director shall promulgate regulations to charge and collect reasonable fees for inspections, permits, licenses, and for inspections and any other activity under this chapter as considered necessary by the director for the proper enforcement of this chapter. Fees may be set by regulation not more than once each year , and these fees must be based upon the costs of administering this chapter. Adjustments to fees must be made in accordance with procedures in Chapter 1, Title 40. No permit or license may be issued to a person who has failed to pay applicable fees. All unpaid fees are subject to the collection and enforcement provisions of the Set-off Debt Collection Act."

SECTION    4.    This act takes effect upon approval by the Governor.