S 1156 Session 112 (1997-1998)
S 1156 General Bill, By Leventis, Drummond, Ford, Giese, Ravenel and Waldrep
Similar(H 4923)
A BILL TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE
COMMISSION ON CONSUMER AFFAIRS ARE DEVOLVED UPON THE SECRETARY OF STATE'S
OFFICE ON AUGUST 1, 1998; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND
FULL-TIME EQUIVALENT POSITIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS AND THE
OFFICE OF THE ADMINISTRATOR OF CONSUMER AFFAIRS TO THE SECRETARY OF STATE'S
OFFICE ON AUGUST 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL
ADMINISTER THE "SOUTH CAROLINA CONSUMER PROTECTION CODE"; TO AMEND PART 5,
CHAPTER 6, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
DEPARTMENT AND COMMISSION ON CONSUMER AFFAIRS, SO AS TO MAKE THE SECRETARY OF
STATE THE POLICYMAKING AND GOVERNING AUTHORITY OF THE DEPARTMENT AND CHAIRMAN
OF COMMISSION, MAKE THE COMMISSION ADVISORY TO THE SECRETARY OF STATE, PROVIDE
THAT THE COMMISSION SHALL MEET QUARTERLY INSTEAD OF MONTHLY, AND DELETE THE
PROVISION WHICH REQUIRES THE DEPUTY ADMINISTRATOR AND OTHER EMPLOYEES TO SERVE
AT THE PLEASURE OF THE ADMINISTRATOR; AND TO AMEND SECTIONS 37-6-601,
37-6-602, 37-6-603, AND 37-6-604, AS AMENDED, RELATING TO THE DIVISION OF
CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT
THE CONSUMER ADVOCATE IS APPOINTED WITH THE APPROVAL OF THE SECRETARY OF STATE
INSTEAD OF THE COMMISSION ON CONSUMER AFFAIRS.
03/31/98 Senate Introduced and read first time SJ-9
03/31/98 Senate Referred to Committee on Judiciary SJ-9
A BILL
TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND
RESPONSIBILITIES OF THE COMMISSION ON CONSUMER
AFFAIRS ARE DEVOLVED UPON THE SECRETARY OF
STATE'S OFFICE ON AUGUST 1, 1998; TO TRANSFER ALL
PERSONNEL, APPROPRIATIONS, AND FULL-TIME
EQUIVALENT POSITIONS OF THE DEPARTMENT OF
CONSUMER AFFAIRS AND THE OFFICE OF THE
ADMINISTRATOR OF CONSUMER AFFAIRS TO THE
SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO
PROVIDE THAT THE SECRETARY OF STATE SHALL
ADMINISTER THE "SOUTH CAROLINA CONSUMER
PROTECTION CODE"; TO AMEND PART 5, CHAPTER 6,
TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE DEPARTMENT AND COMMISSION ON
CONSUMER AFFAIRS, SO AS TO MAKE THE SECRETARY OF
STATE THE POLICYMAKING AND GOVERNING AUTHORITY
OF THE DEPARTMENT AND CHAIRMAN OF COMMISSION,
MAKE THE COMMISSION ADVISORY TO THE SECRETARY
OF STATE, PROVIDE THAT THE COMMISSION SHALL MEET
QUARTERLY INSTEAD OF MONTHLY, AND DELETE THE
PROVISION WHICH REQUIRES THE DEPUTY
ADMINISTRATOR AND OTHER EMPLOYEES TO SERVE AT
THE PLEASURE OF THE ADMINISTRATOR; AND TO AMEND
SECTIONS 37-6-601, 37-6-602, 37-6-603, AND 37-6-604, AS
AMENDED, RELATING TO THE DIVISION OF CONSUMER
ADVOCACY IN THE DEPARTMENT OF CONSUMER
AFFAIRS, SO AS TO PROVIDE THAT THE CONSUMER
ADVOCATE IS APPOINTED WITH THE APPROVAL OF THE
SECRETARY OF STATE INSTEAD OF THE COMMISSION ON
CONSUMER AFFAIRS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The duties, functions, and responsibilities of the
Commission on Consumer Affairs are devolved upon the Secretary
of State's office on August 1, 1998. All personnel, appropriations,
and full-time equivalent positions of the Department of Consumer
Affairs and the Office of Administration of Consumer Affairs also are
transferred to the Secretary of State's office on August 1, 1998.
SECTION 2. The Secretary of State shall administer the
"South Carolina Consumer Protection Code" as contained
in Chapter 6 of Title 37 of the 1976 Code.
SECTION 3. Part 5, Chapter 6, Title 37 of the 1976 Code is
amended to read:
"Section 37-6-501. There is hereby created:
(a) The Department of Consumer Affairs;
(b) The Commission on Consumer Affairs; and
(c) The Office of Administrator of Consumer Affairs.
Section 37-6-502. The Commission on Consumer Affairs shall
be is composed of nine members, one of whom
shall must be the Secretary of State as an ex
officio member who shall serve as chairman; four
members shall must be appointed by the Governor
with advice and consent of the Senate and the remaining four
members shall must be elected by the General
Assembly. Members of the Commission shall elect a
Chairman. Terms of the members shall must be
four years unless otherwise stipulated in this section, and upon the
expiration of the terms, the Governor shall appoint a member and the
General Assembly shall elect one member respectively. With the
exception of the ex officio member, any Any vacancy
in the office of a member shall must be filled by the
Governor by appointment for the unexpired term. Members of the
commission shall be are eligible for reappointment.
No person associated with any businesses regulated by the
Commission on Consumer Affairs shall be is eligible
to serve on the Commission as defined by Section 8-13-20 of the
Code of Laws of South Carolina.
Section 37-6-503. A majority of the members shall constitute a
quorum. The commission shall meet monthly
quarterly on such a date as it may designate
and may meet at such other times as it may deem
consider necessary, or when called by the chairman or by a
majority of its members, and shall counsel and advise with the
Administrator Secretary of State on any and all
phases of the operations and functions of the department.
Section 37-6-504. Each member of the commission other than
ex officio shall, before entering upon the duties of his office, give
bond to the State in the sum of twenty-five thousand dollars with a
sufficient surety, to be approved by the State Treasurer, for the
faithful performance of all duties required of him under the law
during the term of his office. The premium of such bond
shall must be paid by the State.
Section 37-6-505. Each member of the commission other than
ex officio shall receive such compensation and official
expenses as provided by law for members of state boards and
commissions.
Section 37-6-506. (1) The Commission Secretary of
State shall be is the policymaking and governing
authority of the Department of Consumer Affairs and shall appoint
the administrator and be responsible for enforcement of this title.
(2) The Commission Secretary of State, through
the administrator, shall see that the provisions of this title are
faithfully administered and enforced and to that end it may adopt,
amend, and repeal rules and regulations, not inconsistent
with law, to interpret and explain provisions of this title, carry out the
purposes and policies of this title, to prevent circumvention or
evasion thereof of it or to facilitate compliance
therewith with it.
(3) No provision of this title or of any statute to which this title
refers which imposes any penalty on any creditor shall apply
applies to any act done, or omitted to be done, in conformity
with any rule or regulation so adopted, amended, or repealed
or in conformity with any written order, opinion,
interpretation, or statement of the Commission
Secretary of State or of the administrator, notwithstanding
that such the rule, regulation, order, opinion,
interpretation, or statement may, after such
the act or omission, be amended, or rescinded or be
determined by judicial or other authority to be erroneous or invalid
for any reason.
Section 37-6-507. The administrator shall must be
a person of good moral character, at least thirty years of age, a
resident taxpayer of this State, and shall be thoroughly
familiar with this title and the consumer transactions to which it
pertains. The Commission Secretary of State may
also require additional qualifications. The administrator, while
serving as such in that capacity, shall not directly or
indirectly be financially interested in or associated with any other
person subject to the jurisdiction of the Commission
Secretary of State or the administrator thereof. The
administrator shall serve at the pleasure of the Commission
Secretary of State.
Section 37-6-508. The administrator, with the approval of the
commission Secretary of State, may designate
such deputies as he determines necessary to assist him in
performing the duties he is required to perform under this title. Any
deputy shall satisfy and meet the same qualifications, including bond,
required for the administrator.
Section 37-6-509. The administrator shall take the oath of office
prescribed for all state officers. Before entering upon the duties of
his office, he shall give bond to the State for the benefit of any person
aggrieved by his unlawful or wrongful actions, and such
the bond shall must be in the sum of fifty
thousand dollars, with sufficient surety, to be approved by the State
Treasurer, for the faithful performance of all the duties required of
him under the law during the term of his office. The premium of the
bond shall must be paid by the State.
Section 37-6-510. The administrator shall prepare in writing a
manual of necessary employee positions for the department,
including job classifications, personnel qualifications, duties,
maximum and minimum salary schedules, and other personnel
information for approval by the Commission Secretary of
State before appointing any personnel. The deputy
administrator and other employees of the department shall serve at
the pleasure of the administrator.
Section 37-6-511. The Department of Consumer Affairs shall
maintain a file for each creditor containing the original and all revised
rate schedules filed by the creditor. A certified copy of each filing
showing the date and time that it was received shall
must be sent to the creditor making the filing at the time of
its receipt. A fee of ten dollars for each rate schedule filed by a
creditor shall be is payable to the Department of
Consumer Affairs for its services in maintaining the rate schedule
files and providing one certified copy of each rate filing to the
creditor. Provided, that each creditor shall be is
required to pay a minimum annual fee of ten dollars. Additional
certified copies of a filing shall must be provided at
a charge of four dollars per copy."
SECTION 4. Section 37-6-601 of the 1976 Code is amended to
read:
"Section 37-6-601. There is hereby created in the
Department of Consumer Affairs the Division of Consumer
Advocacy with duties and organizations as hereinafter
provided."
SECTION 5. Section 37-6-602 of the 1976 Code is amended to
read:
"Section 37-6-602. The consumer advocate may be the
Administrator of Consumer Affairs or he may be appointed by the
administrator with the approval of the Commission on Consumer
Affairs Secretary of State. The consumer advocate shall
be an attorney qualified to practice in all courts of this State with a
minimum of three years' practice experience."
SECTION 6. Section 37-6-603 of the 1976 Code is amended to
read:
"Section 37-6-603. The Division of Consumer Advocacy
shall must be staffed and equipped to perform the
functions prescribed in Section 37-6-604. The expenses of the office
shall must be paid from appropriations provided
annually in the state general appropriations act."
SECTION 7. Section 37-6-604 of the 1976 Code, as last amended
by Act 511 of 1992, is further amended to read:
"Section 37-6-604. The functions and duties of the Division
of Consumer Advocacy are:
(1) To provide legal representation of the consumer interest before
the state and federal regulatory agencies which undertake to fix rates
or prices for consumer products or services or to enact regulations or
establish policies related thereto to it and to provide
legal representation of the consumer interest concerning Certificates
of Need for health facilities and services, as required for an activity
under Section 44-7-160, health care licensing procedures, and other
health-related-matters.
(2) To monitor existing regulations, rate structures and policies of
that agency of special interest to consumers and report to the public
through the news media proposed changes therein under
consideration and the effect of those changes on the lives of the
citizens of the State.
(3) The annual report required of the Commission on
Consumer Affairs Secretary of State must include a
report on the activities of the Division of Consumer Advocacy.
(4) To evaluate and act upon requests from consumers concerning
the matters set forth in (1) and (2) above, except that any proceedings
initiated by the advocate must be brought on behalf of the public at
large and not for individuals; initiation or continuation of any
proceedings must be at the sole discretion of the consumer
advocate."
SECTION 8. This act takes effect August 1, 1998.
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