Download This Bill in Microsoft Word format
S. 325
STATUS INFORMATION
General Bill
Sponsors: Senators Massey, Alexander, Walker and Zell
Document Path: SR-0162KM25.docx
Introduced in the Senate on February 6, 2025
Introduced in the House on March 4, 2026
Passed by the General Assembly on May 14, 2026
Summary: Consumer Affairs
HISTORY OF LEGISLATIVE ACTIONS
| Date | Body | Action Description with journal page number |
|---|---|---|
| 2/6/2025 | Senate | Introduced and read first time (Senate Journal-page 6) |
| 2/6/2025 | Senate | Referred to Committee on Banking and Insurance (Senate Journal-page 6) |
| 2/12/2025 | Scrivener's error corrected | |
| 4/16/2025 | Senate | Committee report: Favorable Banking and Insurance (Senate Journal-page 20) |
| 4/22/2025 | Scrivener's error corrected | |
| 2/25/2026 | Senate | Read second time (Senate Journal-page 19) |
| 2/25/2026 | Senate | Roll call Ayes-41 Nays-1 (Senate Journal-page 19) |
| 2/26/2026 | Senate | Read third time and sent to House |
| 3/4/2026 | House | Introduced and read first time (House Journal-page 8) |
| 3/4/2026 | House | Referred to Committee on Labor, Commerce and Industry (House Journal-page 8) |
| 4/22/2026 | House | Committee report: Favorable Labor, Commerce and Industry (House Journal-page 8) |
| 4/23/2026 | Scrivener's error corrected | |
| 4/28/2026 | House | Debate adjourned (House Journal-page 23) |
| 4/29/2026 | House | Debate adjourned (House Journal-page 208) |
| 4/30/2026 | House | Debate adjourned until Tues., 5-5-26 (House Journal-page 85) |
| 5/5/2026 | House | Requests for debate-Rep(s). Williams, Herbkersman, Reese, MM Smith, Kirby, Brewer, Guest, Garvin, Govan, King, Hosey, Henderson-Myers, McDaniel, Anderson, Gilliard, Vaughan (House Journal-page 22) |
| 5/7/2026 | House | Debate adjourned (House Journal-page 45) |
| 5/13/2026 | House | Read second time (House Journal-page 198) |
| 5/13/2026 | House | Roll call Yeas-91 Nays-9 (House Journal-page 199) |
| 5/14/2026 | House | Read third time and enrolled (House Journal-page 53) |
| 5/15/2026 | Ratified R 223 | |
| 5/19/2026 | Signed By Governor |
View the latest legislative information at the website
VERSIONS OF THIS BILL
2/6/2025
2/12/2025
4/16/2025
4/22/2025
4/22/2026
4/23/2026
(R223, S325)
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF CONSUMER AFFAIRS TO THE DEPARTMENTS WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT; BY ADDING SECTION 1-30-145 SO AS TO PROVIDE FOR THE TRANSITION OF THE DEPARTMENT OF CONSUMER AFFAIRS TO THE EXECUTIVE BRANCH OF STATE GOVERNMENT; BY AMENDING SECTION 37-6-103, RELATING TO THE DEFINITION OF "ADMINISTRATOR," SO AS TO PROVIDE THAT THE ADMINISTRATOR IS APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTIONS 37-6-104 AND 37-6-117, SECTION 37-6-501 THROUGH SECTION 37-6-510, AND SECTIONS 37-6-602 AND 37-6-604, ALL REATING THE FUNCTIONS AND DUTIES OF THE COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE FOR THE DISSOLUTION OF THE COMMISSION ON CONSUMER AFFAIRS TO BE REPLACED WITH AN ADMINISTRATOR AS THE HEAD OF THE DEPARTMENT, AND TO MAKE CONFORMING CHANGES.
Be it enacted by the General Assembly of the State of South Carolina:
Department of Consumer Affairs, executive agency
SECTION 1. Section 1-30-10(A) and (B)(1)(i) of the S.C. Code is amended to read:
(A) There are hereby created, within the executive branch of the state government, the following departments:
1. Department of Administration
2. Department of Agriculture
3. Department of Alcohol and Other Drug Abuse Services
4. Department of Commerce
5. Department of Consumer Affairs
6. Department of Corrections
7. Department of Disabilities and Special Needs
8. Department of Education
9. Department of Public Health
10. Department of Health and Human Services
11. Department of Insurance
12. Department of Juvenile Justice
13. Department of Labor, Licensing and Regulation
14. Department of Mental Health
15. Department of Motor Vehicles
16. Department of Natural Resources
17. Department of Parks, Recreation and Tourism
18. Department of Probation, Parole and Pardon Services
19. Department of Public Safety
20. Department of Revenue
21. Department of Social Services
22. Department of Transportation
23. Department of Employment and Workforce
24. Department on Aging
25. Department of Veterans' Affairs
26. Department of Environmental Services.
(i) a director, an administrator, or a secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240(B); or
Department of Consumer Affairs, transfer to executive agency
SECTION 2. Chapter 30, Title 1 of the S.C. Code is amended by adding:
Section 1-30-145. There is hereby created, within the executive branch of the state government, the Department of Consumer Affairs, headed by an administrator appointed by the Governor pursuant to Section 37-6-103. The employees, funds, authorized appropriations, property, assets, liabilities, and all contractual rights and obligations associated with the Department of Consumer Affairs formerly headed by the Commission of Consumer Affairs, are hereby transferred to and incorporated in and shall be administered as part of the newly reconstituted Department of Consumer Affairs within the executive branch of state government.
Administrator of the Department of Consumer Affairs
SECTION 3. Section 37-6-103 of the S.C. Code is amended to read:
Section 37-6-103. "Administrator" means the officer appointed by the Governor, upon the advice and consent of the Senate, to administer this title, as provided in Part 5 of this chapter.
Department of Consumer Affairs, executive agency conforming change
SECTION 4. Section 37-6-104(6) of the S.C. Code is amended to read:
(6) The administrator shall not bring class actions, initiate criminal actions or seek injunctive relief, as provided in this title, without prior approval of the Governor.
Department of Consumer Affairs, executive agency conforming change
SECTION 5. Section 37-6-117(i) of the S.C. Code is amended to read:
(i) with the approval of the Governor, bring an individual action for a consumer who might have a cause of action for damages resulting from the use of or employment by another person of an unfair or deceptive method, act, or practice, as provided in Section 39-5-140, when he considers such action is necessary to protect the consumer's interest, the actual damages sought are two thousand five hundred dollars or less, and either the individual has written evidence that two attorneys licensed to practice law in this State have reviewed the case and have declined to represent the individual in pursuing the cause of action, or an attorney licensed to practice law in this State, after reviewing the facts of the case, in writing has requested that the administrator bring an action on behalf of the consumer under this section;
Department of Consumer Affairs, executive agency conforming change
SECTION 6. Sections 37-6-501 through 37-6-510 of the S.C. Code are amended to read:
Section 37-6-501. There is hereby created:
(1) The Department of Consumer Affairs; and
(2) The Office of Administrator of Consumer Affairs.
Section 37-6-502. The head of the Department of Consumer Affairs is an administrator appointed by the Governor upon the advice and consent of the Senate.
Section 37-6-506. (1) The administrator shall be responsible for enforcement of this title.
(2) 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 or to facilitate compliance therewith.
(3) No provision of this title or of any statute to which this title refers which imposes any penalty on any creditor shall apply 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 administrator, notwithstanding that such rule, regulation, order, opinion, interpretation or statement may, after such 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 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 Governor may also require additional qualifications. The administrator, while serving as such, shall not directly or indirectly be financially interested in or associated with any other person subject to the jurisdiction of the department or the administrator thereof. The administrator shall serve at the pleasure of the Governor.
Section 37-6-508. The administrator 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 bond shall 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 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. The deputy administrator and other employees of the Department shall serve at the pleasure of the administrator.
Department of Consumer Affairs, executive agency conforming change
SECTION 7. Section 37-6-602 of the S.C. 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. The Consumer Advocate must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience.
Department of Consumer Affairs, executive agency conforming change
SECTION 8. Section 37-6-604(B) of the S.C. Code is amended to read:
(B) The annual report required of the Department of Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy.
Code Commissioner directive
SECTION 9. The Code Commissioner is directed to change or correct all references to the Commission on Consumer Affairs in the S.C. Code to reflect the transfer Department of Consumer Affairs to the executive branch of state government as provided in this act. References to the Commission on Consumer Affairs shall be changed or corrected to be the Administrator of the Department of Consumer Affairs, or administrator, as appropriate.
Severability
SECTION 10. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 11. This act takes effect upon approval by the Governor.
Ratified the 15th day of May, 2026.
Approved the _____________ day of _________________________________________2026.
This web page was last updated on May 15, 2026 at 4:55 PM