H*4746(Rat #0332, Act #0272 of 2008)  General Bill, By Bowers
 AN ACT TO AMEND SECTION 40-29-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD, SO AS TO
 PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A REPRESENTATIVE OF THE
 MANUFACTURED HOUSING INDUSTRY FROM A LIST OF CANDIDATES SUBMITTED TO THE
 GOVERNOR BY THE MANUFACTURED HOUSING INSTITUTE OF SOUTH CAROLINA; TO AMEND
 SECTION 40-29-20, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE
 LICENSURE AND REGULATION OF THE MANUFACTURED HOUSING INDUSTRY, SO AS TO DEFINE
 MANUFACTURED HOME APPRENTICE RETAIL SALESPERSON AND TO MAKE TECHNICAL
 CORRECTIONS; AND TO AMEND SECTION 40-29-200, AS AMENDED, RELATING TO
 MANUFACTURED HOUSING LICENSURE REQUIREMENTS, SO AS TO PROVIDE REQUIREMENTS FOR
 AN APPRENTICE SALESPERSON LICENSE. - ratified title

   02/21/08  House  Introduced and read first time HJ-7
   02/21/08  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-7
   04/09/08  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-2
   04/10/08  House  Read second time HJ-27
   04/10/08  House  Unanimous consent for third reading on next
                     legislative day HJ-28
   04/10/08         Scrivener's error corrected
   04/11/08  House  Read third time and sent to Senate HJ-1
   04/15/08  Senate Introduced and read first time SJ-8
   04/15/08  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-8
   05/22/08  Senate Committee report: Favorable Labor, Commerce and
                     Industry SJ-25
   05/27/08  Senate Read second time SJ-12
   05/28/08  Senate Read third time and enrolled
   05/29/08         Ratified R 332
   06/04/08         Signed By Governor
   06/11/08         Copies available
   06/11/08         Effective date 06/04/08
   06/13/08         Act No. 272

(A272, R332, H4746)

AN ACT TO AMEND SECTION 40-29-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD, SO AS TO PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A REPRESENTATIVE OF THE MANUFACTURED HOUSING INDUSTRY FROM A LIST OF CANDIDATES SUBMITTED TO THE GOVERNOR BY THE MANUFACTURED HOUSING INSTITUTE OF SOUTH CAROLINA; TO AMEND SECTION 40-29-20, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF THE MANUFACTURED HOUSING INDUSTRY, SO AS TO DEFINE MANUFACTURED HOME APPRENTICE RETAIL SALESPERSON AND TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 40-29-200, AS AMENDED, RELATING TO MANUFACTURED HOUSING LICENSURE REQUIREMENTS, SO AS TO PROVIDE REQUIREMENTS FOR AN APPRENTICE SALESPERSON LICENSE.

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

Appointment of manufactured housing board members

SECTION    1.    Section 40-29-10(A) of the 1976 Code, as last amended by Act 61 of 2001, is further amended to read:

"(A)    There is created the South Carolina Manufactured Housing Board. It is composed of ten members who must be residents of South Carolina appointed by the Governor in accordance with Section 40-1-45 for terms of four years and until their successors are appointed and qualify. The board shall include a manufactured home retail dealer owner, a representative of the fire and casualty insurance industry, a full-time employee of a fire department, a representative of the manufactured housing industry from a list of qualified candidates submitted to the Governor by the Manufactured Housing Institute of South Carolina, a representative of the banking and finance industry, a registered professional engineer, a licensed manufactured home contractor, installer, or repairer, one member from the general public who must not be associated with any of the other industries represented on the board other than as a minority stockholder, a member from the general public who currently resides in a manufactured home, and a manufactured home retail salesman. The State Fire Marshal shall serve on the board as a consultant and as an ex officio member without a vote. An individual, group, or association may nominate board members from the general public."

"Manufactured home apprentice retail salesperson" defined

SECTION    2.    Section 40-29-20(10) through (20) of the 1976 Code, as last amended by Act 175 of 2005, is further amended to read:

"(10)    'Manufactured home apprentice retail salesperson' means an employee who works under the direct supervision of a retail dealer and who is authorized to offer for sale a manufactured home subject to the restrictions in this chapter.

(11)    'Manufactured home contractor' means a person or entity, other than an employee of a licensed manufactured home retail dealer or a person licensed by the board or licensed by the South Carolina Contractor's Licensing Board to perform a particular function, who for valuable consideration engages in the installation, modification, alteration, or repair to the structural, mechanical, or electrical systems of a manufactured home.

(12)    'Manufactured home installer' means a person or entity, other than an employee of a licensed manufactured home retail dealer or a person licensed by the board or licensed by the South Carolina Contractor's Licensing Board to perform a particular function, who for valuable consideration installs manufactured housing.

(13)    'Manufactured home manufacturer' means a person, resident, or nonresident, who designs, constructs, or produces manufactured homes.

(14)    'Manufactured home repairer' means a person or entity, other than an employee of a licensed manufactured home retail dealer or a person licensed by the board or licensed by the South Carolina Contractor's Licensing Board to perform a particular function, who for valuable consideration modifies, alters, or repairs the structural, mechanical, or electrical systems of a manufactured home.

(15)    '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.

(16)    'Manufactured home retail salesman' means a person who is an employee or otherwise acts as an agent or representative of a manufactured home retail dealer and holds himself out as promoting, offering for sale, or selling the manufactured home retail dealer's goods or services.

(17)    'New manufactured home' means a home that has not been previously titled and is still in the possession of the original retail dealer. If the home is later shipped to another retail dealer and sold to a consumer within two years of the date of manufacture, the home is still considered new and must continue to meet all state warranty requirements. However, if a home is shipped from the original retail dealer to another retail dealer and then sold to a consumer more than two years after the date of manufacture, the home must be sold as used for warranty purposes, and prior written notice of the 'used' status of the manufactured home and how this status affects warranty requirements must be provided to the consumer.

(18)    'Person' means an individual, natural person, firm, partnership, association, corporation, legal representative, or other recognized legal entity.

(19)    'Secretary' means the Secretary of Housing and Urban Development (HUD).

(20)    'Standard' means the appropriate standards adopted by the State of South Carolina and established by the Department of Housing and Urban Development pursuant to the Federal Manufactured Housing Construction and Safety Standards.

(21)    'State Administrative Agency' or 'SAA' means the agency of the State which has been approved to carry out the state plan and to enforce the National Manufactured Housing Construction and Safety Standards Act within South Carolina."

Manufactured housing apprentice salesperson license requirements

SECTION    3.    Section 40-29-200 of the 1976 Code, as last amended by Act 175 of 2005, is further amended by adding at the end:

"(H)(1)    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."

Time effective

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

Ratified the 29th day of May, 2008.

Approved the 4th day of June, 2008.