Current Status Bill Number:4923 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980331 Primary Sponsor:Knotts All Sponsors:Knotts, Altman, G. Brown, Haskins, Spearman, Wilkes, Law, Bauer, Wilkins, Koon, Cato, Maddox, Jennings, Kinon, Harrison, D. Smith, Young and Riser Drafted Document Number:PT\1826DW.98 Companion Bill Number:1156 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Consumer Affairs Commission, Department; powers devolved upon Secretary of State, Advocacy Division
Body Date Action Description Com Leg Involved
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House 19980331 Introduced, read first time, 25 HJ
referred to Committee
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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.