Current Status Bill Number:268 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970129 Primary Sponsor:Giese All Sponsors:Giese and Rankin Drafted Document Number:gjk\23288ac.97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Manufactured home park tenancy provisions, enforced by Manufactured Housing Board, Mobile Homes
Body Date Action Description Com Leg Involved
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Senate 19970129 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-47-140, SO AS TO PROVIDE THAT A PERSON WHO VIOLATES THE MANUFACTURED HOME PARK TENANCY ACT IS SUBJECT TO CIVIL PENALTIES; BY ADDING SECTION 40-29-60 SO AS TO AUTHORIZE THE MANUFACTURED HOUSING BOARD TO RECEIVE AND INVESTIGATE COMPLAINTS ARISING UNDER THAT ACT AND TO ASSESS FINES FOR VIOLATIONS AND FOR THE COST OF CONDUCTING THE INVESTIGATION AND HEARINGS; TO AMEND SECTION 27-47-110, RELATING TO THE APPLICABILITY OF THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT, SO AS TO PROVIDE THAT THE ACT MUST BE ENFORCED BY THE MANUFACTURED HOUSING BOARD; AND TO AMEND SECTION 27-47-130, RELATING TO DETERMINATION OF JURISDICTION AND SERVICE OF PROCESS FOR THE MANUFACTURED HOME PARK TENANCY ACT UNDER THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT EXCEPT FOR EVICTIONS, THE MANUFACTURED HOUSING BOARD SHALL ENFORCE THE ACT AND CONDUCT HEARINGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 27-47-140. A person who violates a provision of this chapter is subject to a civil penalty imposed by the Manufactured Housing Board not to exceed one thousand dollars for each violation."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-29-60. (A) In addition to the powers set forth in Section 40-29-50, the board shall receive and investigate complaints and assess civil penalties for violations of Chapter 47, Title 27, except eviction proceedings, and shall conduct hearings in accordance with the notice and hearing requirements of the Administrative Procedures Act.
(B) For a violation of Chapter 47, Title 27, the board may assess a civil penalty not to exceed one thousand dollars for each violation.
(C) The board also may assess the nonprevailing party for the cost of investigating complaints and conducting hearings of complaints arising from alleged violations of Chapter 47, Title 27."
SECTION 3. Section 27-47-110 of the 1976 Code, as added by Act 135 of 1991, is amended to read:
"Section 27-47-110. This chapter applies to, regulates, and determines the rights, obligations, and remedies under a rental agreement for a residential manufactured home park lot located within this State and the provisions of this chapter must be enforced by the Manufactured Housing Board."
SECTION 4. Section 27-47-130 of the 1976 Code, as added by Act 135 of 1991, is amended to read:
"Section 27-47-130. Jurisdiction and service of process must be determined pursuant to Section 27-40-130 with respect to a claim arising from a transaction to which this chapter applies. Except for eviction proceedings which must be conducted pursuant to Chapter 40, the Manufactured Housing Board shall enforce the provisions of this chapter and shall receive and investigate complaints for violations of this chapter and conduct hearings in accordance with the notice and hearing requirements of the Administrative Procedures Act. Appeals from a decision of the board may be made to an Administrative Law Judge in accordance with the Administrative Procedures Act."
SECTION 5. This act takes effect July 1, 1997