H 4923 Session 112 (1997-1998)
H 4923 General Bill, By Knotts, Altman, Bauer, G. Brown, Cato, Harrison,
Haskins, Jennings, M.H. Kinon, Koon, Law, Maddox, Riser, D. Smith, Spearman,
Wilkes, Wilkins and W.J. Young
Similar(S 1156)
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 THE 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 House Introduced and read first time HJ-45
03/31/98 House Referred to Committee on Judiciary HJ-46
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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