South Carolina General Assembly
116th Session, 2005-2006

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A175, R193, H3883

STATUS INFORMATION

General Bill
Sponsors: Reps. Duncan, Cato, Scarborough, Tripp, Mahaffey and Thompson
Document Path: l:\council\bills\ggs\22078htc05.doc

Introduced in the House on April 7, 2005
Introduced in the Senate on May 3, 2005
Last Amended on May 25, 2005
Passed by the General Assembly on June 1, 2005
Governor's Action: June 7, 2005, Signed

Summary: Manufactured housing license

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    4/7/2005  House   Introduced and read first time HJ-4
    4/7/2005  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-4
   4/20/2005  House   Committee report: Favorable Labor, Commerce and Industry 
                        HJ-4
   4/26/2005  House   Member(s) request name added as sponsor: Mahaffey
   4/27/2005  House   Member(s) request name added as sponsor: Thompson
   4/27/2005  House   Read second time HJ-85
   4/28/2005  House   Read third time and sent to Senate HJ-12
    5/3/2005  Senate  Introduced and read first time SJ-26
    5/3/2005  Senate  Referred to Committee on Labor, Commerce and Industry 
                        SJ-26
   5/19/2005  Senate  Committee report: Favorable with amendment Labor, 
                        Commerce and Industry SJ-12
   5/20/2005          Scrivener's error corrected
   5/25/2005  Senate  Amended SJ-67
   5/25/2005  Senate  Read second time SJ-67
   5/26/2005          Scrivener's error corrected
   5/26/2005  Senate  Read third time and returned to House with amendments 
                        SJ-307
    6/1/2005  House   Concurred in Senate amendment and enrolled HJ-78
    6/2/2005          Ratified R 193
    6/7/2005          Signed By Governor
   6/13/2005          Copies available
   6/13/2005          Effective date 06/07/05
   6/30/2005          Act No. 175

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/7/2005
4/20/2005
5/19/2005
5/20/2005
5/25/2005
5/26/2005


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A175, R193, H3883)

AN ACT TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO MANUFACTURED HOUSING, SO AS TO REVISE THE DEFINITION OF "MANUFACTURED HOME RETAIL DEALER", TO DELETE THE EXCLUSION FROM THE DEFINITION OF CERTAIN BANKS AND FINANCE COMPANIES; AND TO AMEND SECTION 40-29-200, AS AMENDED, RELATING TO THE MANUFACTURED HOUSING LICENSE, SO AS TO EXEMPT FROM THIS LICENSING REQUIREMENT A LICENSED REAL ESTATE SALESMAN OR LICENSED REAL ESTATE BROKER WHO NEGOTIATES OR ATTEMPTS TO NEGOTIATE THE SALE OR OTHER DISPOSITION OF A USED MANUFACTURED OR MOBILE HOME IN CONJUNCTION WITH THE SALE OR OTHER DISPOSITION OF THE UNDERLYING REAL ESTATE AND A LIENHOLDER WHO DISPOSES OF A REPOSSESSED MANUFACTURED HOME BY MEANS OF A CONTRACT WITH A LICENSE MANUFACTURED HOME RETAIL DEALER.

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

Definition revised

SECTION    1.    Section 40-29-20(13) of the 1976 Code, as last amended by Act 61 of 2001, is further amended to read:

"(13)    'Manufactured home retail dealer' means a person engaged in the business of buying, selling, offering for sale, or dealing in manufactured homes or offering for display manufactured homes for sale in South Carolina. A person who buys, sells, or deals in three or more manufactured homes in any twelve-month period or who offers or displays for sale three or more manufactured homes in a twelve-month period is considered a manufactured home retail dealer. 'Selling' and 'sale' include lease-purchase transactions."

Licenses not required

SECTION    2.    Section 40-29-200 of the 1976 Code, as last amended by Act 171 of 2004, is further amended to read:

"Section 40-29-200.    (A)    All licenses expire June thirtieth of each even-numbered year following the date of issue, unless sooner revoked or suspended.

(B)    An applicant for licensure shall:

(1)    demonstrate financial responsibility as required by regulations of the board;

(2)    not have engaged illegally in the licensed classification;

(3)    demonstrate familiarity with the regulations adopted by the board concerning the classification for which application is made;

(4)    if a corporation, have complied with the laws of South Carolina regarding qualification for doing business in this State or have been incorporated in South Carolina and have and maintain a registered agent and a registered office in this State;

(5)    submit proof of registration with the Department of Revenue and submit a current tax identification number;

(6)    where applicable, pass an examination administered by the board or its designated test provider in the license classification for which application is made;

(7)    where applicable, complete training as prescribed by the board.

(C)    A    manufactured housing license is not required for a licensed real estate salesman or licensed real estate broker who negotiates or attempts to negotiate for any legal entity the listing, sale, purchase, exchange, lease, or other disposition of a used manufactured or mobile home in conjunction with the listing, sale, purchase, exchange, lease, or other disposition of real estate upon which the used manufactured or mobile home is located.

(D)    A license must be issued in only one person's name who may be the individual owner, stockholder, copartner, manufactured home retail salesman or other representative of a manufactured home manufacturer, manufactured home retail dealer, or other entity required to be licensed. It is the duty of a manufactured home retail dealer and manufactured home manufacturer to conspicuously display the licenses in the established place of business. Manufactured home retail salesmen and manufactured home contractors, installers, and repairers are required to carry their licenses on their persons at all times when they are doing business in this State, and they must be shown upon request.

(E)    The board may deny a license to an applicant who submits an application meeting the requirements of this chapter if the applicant has been convicted in a court of competent jurisdiction of a felony within the prior seven years or an offense involving moral turpitude.

(F)    No person may be issued a license as a manufactured home retail dealer unless the person can show proof satisfactory to the board of two years' experience in the manufactured home industry or other relevant experience acceptable to the board.

(G)    Notwithstanding any other provision of law, the board may not grant reciprocity or issue a license to an applicant:

(1)    whose license in another state is currently restricted in any way, including probationary or other conditions, or was surrendered in lieu of disciplinary action or was revoked;

(2)    who has disciplinary action pending against him in another state; or

(3) who is currently under sentence, including probation or parole, for a felony, crime of moral turpitude, or other criminal violation related to any aspect of the business of manufactured housing."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 2nd day of June, 2005.

Approved the 7th day of June, 2005.

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