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Indicates Matter Stricken
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COMMITTEE AMENDMENT ADOPTED
May 27, 2004
H. 4735
S. Printed 5/27/04--S.
Read the first time April 27, 2004.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 43, Title 23 of the 1976 Code is amended by adding:
"Section 23-43-85. (A) A single-family modular home manufactured after January 1, 2005, must meet the following standards to be certified for placement in this State:
(1) Roof pitch. For homes with a single predominant roofline, the pitch of the roof must be at least five feet rise for every twelve feet of run;
(2) Eave projections. The eave projections of the roof must be at least ten inches, not including a gutter around the perimeter of the home unless the roof pitch is at least seven feet rise for every twelve feet of run;
(3) Exterior wall. The height of the exterior wall must be at least seven feet six inches for the first story;
(4) Siding and roofing materials. The materials and texture of the exterior materials must be compatible in composition, appearance, and durability to the exterior materials commonly used in standard residential construction.
(B) A single-family modular home placed in the State after January 1, 2005, must meet the foundation requirements provided by the State in this subsection.
(1) A perimeter wall located under the exterior walls of the home, whether load-bearing or non load-bearing, must be constructed of brick, masonry, or other permanent material commonly used in standard residential construction, consistent with surrounding residential structures, and in accordance with the International Residential Code as adopted by the South Carolina Department of Labor, Licensing and Regulation. All modular manufacturers shall submit with the plan set for each building to the department's Modular Buildings Program a minimum foundation design.
(2) A home located in a coastal or flood plain area may require piling or other special foundation designs. These foundations must be designed by a registered professional engineer or architect and are subject to review and approval by the local jurisdiction and not by the Modular Buildings Program. A perimeter wall constructed of brick, masonry, or other materials to enclose the foundation of the home may be a requirement of the design.
(C) An appeal for a variance from a certification standard or a foundation requirement described in this section may be taken in the same manner as provided in Section 23-43-120. "
SECTION 2. Section 12-36-2120(34) of the 1976 Code is amended to read:
"(34) thirty-five fifty percent of the gross proceeds of the sale of a modular homes home as defined in Section 31-17-20 regulated pursuant to Chapter 43 of Title 23, both on-frame and off-frame. For purposes of this item only, 'gross proceeds of sale' equals the manufacturer's net invoice price of the modular home sold, including all accessories built in to the modular home at the time of delivery to the purchaser and not including freight or deposit on returnable materials. The manufacturer shall collect the tax and remit it to the Department of Revenue;"
SECTION 3. Section 12-36-2110(B) of the 1976 Code is amended by adding at the end:
"The maximum tax authorized by this subsection does not apply to a single-family modular home regulated pursuant to Chapter 43, Title 23."
SECTION 4. Section 56-19-510 of the 1976 Code, as added by Act 88 of 2003, is amended to read:
"(A) An owner of a manufactured home may affix the home to real property by:
(1) installing the home in accordance with the required installation standards and removing the wheels, axles, and towing hitch; and
(2) filing with the register of deeds or clerk of court, as appropriate, for the county in which the manufactured home is located the Manufactured Home Affidavit for the Retirement of Title Certificate in the form prescribed in this article together with proof of ownership as evidenced by a copy of the most recent deed of record or other instrument vesting title, the certificate of occupancy from the appropriate building official of the jurisdiction in which the manufactured home is located, and paying the filing fee required for affidavits by Section 8-21-310.
(B) The register of deeds or clerk of court must record the affidavit as if it were a deed to real property with the homeowner being identified as grantor and give notification to the county assessor.
(C) Upon the filing of the affidavit, the manufactured home is to be treated for all purposes except condemnation as real property and title to the manufactured home is thereby vested in the lawful owner of the real property to which it is affixed. A warning notice to those filing the affidavit must be included in the affidavit.
(D) The Manufactured Home Affidavit for the Retirement of Title Certificate must be in the following form:
STATE OF SOUTH CAROLINA )
MANUFACTURED HOME )
AFFIDAVIT FOR RETIREMENT
COUNTY OF ________________ ) OF TITLE CERTIFICATE
(1) Name of Owner
_________________________________________
(2) Description of Manufactured Home:
Date of Manufacture:
Manufacturer:
Model year:
Make:
Width:
Length:
Identification Number (VIN): __________________________
(3) Check whichever is applicable:
_____ The above described manufactured home is not subject to a security lien.
_____ The above described manufactured home is subject to a security lien and a separate affidavit, as required by law, will be filed naming the secured parties.
(4) Check whichever is applicable:
_____ The above described manufactured home is located in a jurisdiction with locally enforced building and safety codes adopted pursuant to Title 6, Chapter 9 of the 1976 Code and attached to this form is written evidence of compliance with the applicable codes as of the date the manufactured home was permanently affixed to the above described real property. Written evidence of compliance includes, but is not limited to, a copy of a certificate of occupancy, a statement from the code enforcement office, an inspection report or any documentation of similar effect from the local code enforcement office having the appropriate jurisdiction. Only one document should be attached to this form.
_____ The above described manufactured home is not located in a jurisdiction with locally enforced building and safety codes adopted pursuant to Title 6, Chapter 9 of the 1976 Code applicable to manufactured homes.
(5) Full legal description of new the property to which manufactured home is currently is, or to be affixed using metes and bounds or reference to recorded plat by book and page. (A separate sheet identified as 'Exhibit A' may be attached.)
(5)(6) Derivation: This being the identical or a portion of property conveyed or leased to the owner by deed or lease from ___________________________________________ and recorded ____________ in Book _____________ at page _________________.
Tax map number
Tax billing address
(6)(7) The above described manufactured home is permanently affixed or is to be permanently affixed to the above described real property and the title certificate is to be retired in accordance with applicable law.
(7)(8) Check if applicable:
______The owner of the manufactured home owns or has a leasehold estate of thirty-five or more years in the real property to which the manufactured home is affixed.
(8)(9) WARNING: the execution and filing of this affidavit transfers ownership of the manufactured home to the lawful owner of the real property to which it is affixed.
The owner certifies that the above information provided by the owner is true and correct to the best information and belief of the owner.
Date:
Signature of owner:
Type or print name of owner
Witness: _____________________________
Witness: _____________________________
STATE OF SOUTH CAROLINA )
COUNTY OF ________________ ) PROBATE
Before me, the undersigned Notary Public, personally appeared ______________________________, who, being duly sworn, deposed and said that (s)he saw ___________________________________, sign, seal, and deliver the foregoing Affidavit and that (s)he, together with ____________________________ witnessed the execution thereof.
___________________________________
SWORN to before me this
___ day of _______________
Notary Public for_________________(L.S.)
My Commission Expires:_____________ "
SECTION 5. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-305. The Department of Motor Vehicles shall suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a driver's license or permit to, a person who has an outstanding judgment for failure to pay a toll pursuant to Section 57-5-1495(E) entered against him. The suspension or denial of issuance of a driver's license or permit shall remain in effect until the judgment is satisfied, evidence of the satisfaction has been provided to the Department of Motor Vehicles, and the reinstatement fee of one hundred dollars pursuant to Section 56-1-390 has been paid."
SECTION 6. Article 9, Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-1335. (A) The department may suspend, cancel, or revoke the registration of a corporately owned vehicle if the vehicle's owner is found to be liable for failing to pay a toll pursuant to Section 57-5-1495(E). The suspension, cancellation or revocation shall run until the judgment is satisfied, evidence of the satisfaction has been provided to the department, and the reinstatement fee of one hundred dollars has been paid to the department.
(B) The fees collected by the department pursuant to this provision must be distributed as follows: seventy dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles; twenty-nine dollars placed in the state general fund; and one dollar credited to the 'Keep South Carolina Beautiful Fund' established pursuant to Section 56-3-3950. From the 'Keep South Carolina Beautiful Fund', the Department of Transportation shall expend funds necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads."
SECTION 7. Section 57-5-1495(E) of the 1976 Code, as added by Act 407 of 1998, is amended to read:
"(E) Upon failure to pay the required toll and administrative fees to the department within thirty days of the notice, the owner or operator may be cited for failure to pay a toll pursuant to this subsection and, upon an adjudication of liability, is subject to a civil penalty not to exceed fifty dollars for each violation as contained in subsection (F). Upon an adjudication of liability, a judgment must be entered against the owner or operator and the court must mail a copy of the judgment to the owner or operator. Upon failure to satisfy the judgment within thirty days, the court shall electronically notify the Department of Motor Vehicles and the department shall suspend the owner's or the operator's driver's license pursuant to Section 56-1-305. If the operator is unknown and the vehicle is owned by a corporate entity, the Department of Motor Vehicles, upon notification of the court, shall suspend the vehicle's registration. The suspension shall remain in effect until the judgment is satisfied and evidence of its satisfaction has been presented to the Department of Motor Vehicles. An owner or operator who has been convicted of a violation of Section 57-5-1490 is not liable for the penalty imposed by this subsection."
SECTION 8. Section 57-5-1495(G)(3) of the 1976 Code, as added by Act 407 of 1998, is amended to read:
"(3) a 'Failure to Pay a Toll' citation to the owner or operator of a vehicle which is identified as having been involved in a third toll violation in a twelve-month period, or who has failed to respond to the second notice within the required time period. The citation requires payment to the department of the unpaid tolls, plus an administrative fee of not more than twenty-five dollars for each violation, within thirty days, or the recipient's appearance in magistrate's court of the county in which the violation occurred or the municipal court of the city in which the violation has occurred to contest the citation. The citation is a traffic citation within the meaning of Chapter 25, Title 56 A failure to pay a citation constitutes the summons and complaint for an action to recover the toll and all applicable fees allowed pursuant to the section; and"
SECTION 9. This act takes effect upon approval by the Governor.
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