Reference is to Printer's Date 3/13/13-S.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 29, Title 40 of the 1976 Code is amended by adding:
(A) The board shall consider the
financial responsibility of an applicant as determined by this
section and regulations promulgated by the board.
(B) A retail dealer applicant who fails to possess cash or cash equivalency in an amount equal to or greater than one hundred fifty thousand dollars or a credit score of less than seven hundred must appear before the board.
(C) Should the board license an applicant who is unable to meet the financial responsibility guidelines of this section or the regulations of the board, then the board may modify or restrict the activities of the licensee."
SECTION 2. Chapter 29, Title 40 of the 1976 Code is amended by adding:
"Section 40-29-325. Licensed, manufactured housing retail dealers shall include their dealer license number on any print, Internet, or email advertisement by the retail dealer for the sale of a manufactured home located in South Carolina."
SECTION 3. Chapter 29, Title 40 of the 1976 Code is amended by adding:
(A) As a prerequisite to renewal of a
license issued under this chapter, a person licensed under this
chapter as a manufactured home retail dealer, retail salesman,
installer, contractor, or repairer must certify to the board his
completion of a minimum of six hours of continuing education
required under this section in the preceding two years. A
person holding more than one type of license must not be
required to complete more than six hours of continuing education
collectively for the multiple licenses during each renewal
(B) The requirements for continuing education are:
(1) a continuing education course must be reviewed and approved by a vote of the Manufactured Housing Board at one of its periodic meetings;
(2) approval of a course must be valid for two years, after which the course must be resubmitted to the board;
(3) a continuing education course must be at least one hour in length, and must concern South Carolina and federal laws, regulations, court cases, business practices, technical, or engineering requirements that affect manufactured homes;
(4) a course participant must take a written or electronic test at the end of the course, and must pass the test with a correct score of at least seventy percent;
(5) at least two hours of the continuing education requirement must concern laws, regulations, or court cases specifically affecting manufactured housing in South Carolina;
(6) an application for approval of a continuing education course must contain an outline of the course, description of the background of the course instructor, and a copy of the test to be taken by course participants; and
(7) the course provider must be responsible for grading the continuing education course test required under this section and shall maintain records of course attendees and test results for four years after the date of the course.
(C) The license of a person who fails to comply with the continuing education requirements of this section shall lapse. The board may, for good cause shown, grant extensions of time to licensees to comply with these requirements. A licensee that has obtained an extension under this subsection and certified to the board his completion of the continuing education courses required by this section before the expiration of the granted extension must be considered in compliance with this section."
SECTION 4. Section 40-29-200 of the 1976 Code is amended to read:
(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 Section
(2) for a retail dealer, provide a financial statement reviewed by a licensed certified public accountant;
23) not have
engaged illegally in the licensed classification;
demonstrate familiarity with the regulations adopted by
the board concerning the classification for which application is
45) 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;
proof of registration with the Department of Revenue and submit
a current tax identification number;
applicable, pass an examination administered by the board or its
designated test provider in the license classification for which
application is made;
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) The holder of a lien on a manufactured home who sells, exchanges, or transfers by lease-purchase a repossessed manufactured home subject to the lien is not subject to the provisions of this chapter if the sale, exchange, or transfer is through a licensed manufactured home retail dealer. A sale by a lienholder conducted through the foreclosure process of Section 29-3-610, et seq. may not be subject to the provisions of this chapter.
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.
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.
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.
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.
An applicant may be granted an apprentice
salesperson license for up to one hundred twenty days. An
apprentice salesperson license may not be issued to an applicant
if the applicant has ever been:
(a) denied any type of license issued pursuant to this chapter;
(b) subject to suspension or revocation of a license issued pursuant to this chapter; or
(c) subject to any disciplinary action taken in accordance with this chapter.
(2) An applicant is subject to all of the requirements of this chapter and regulations promulgated pursuant to this chapter, except that an applicant is not required to complete the training, testing, and bond requirements established for a regular retail salesperson license."
SECTION 5. Section 40-29-230(B)(3) of the 1976 Code is amended to read:
"(3) The board,
upon a finding of a violation by a licensee or that an
applicant is unable to meet the financial responsibility
guidelines, may further require the licensee to increase the
amount of a surety bond or other approved security. An increase
must be proportioned to the seriousness of the offense
or, the repeat nature of the licensee's
violations, but the or related to the
financial condition of an applicant. The total amount may
not exceed an additional seventy-five thousand dollars for
manufacturers, fifty thousand dollars for dealers, twenty
thousand dollars for salespersons, and ten thousand dollars for
manufactured home contractors, installers, and repairers. The
board, after one year, may reduce an increased surety bond or
other approved security when satisfied that violations have been
cured by appropriate corrective action and that the licensee is
otherwise in good standing. The bonds cannot be reduced below
amounts provided in this section."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.