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COMMITTEE REPORT
May 19, 2005
H. 3883
Introduced by Reps. Duncan, Cato, Scarborough, Tripp, Mahaffey and Thompson
S. Printed 5/19/05--S. [SEC 5/20/05 4:15 PM]
Read the first time May 3, 2005.
To whom was referred a Bill (H. 3883) to amend Section 40-29-200, as amended, Code of Laws of South Carolina, 1976, relating to the manufactured housing license, so as to exempt from, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 40-29-20(13) of the 1976 Code, as last amended by Act 61 of 2001, is further amended to read: "Section 40-29-20. (13) '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. 'Manufactured home retail dealer' does not include banks and finance companies that acquire manufactured homes as an incident to their regular business, if no more than four homes are acquired in any twelve- month period for sale, exchange, or transfer or if more than four are acquired, the sale, exchange, or transfer of these homes is conducted in accordance with Section 40-29-200(H)."
SECTION 2. Section 40-29-200 of the 1976 Code, as last amended by Act 171 of 2004, is further amended to read:
"Section 40-29-200. (A) All licenses expire June thirtieth of each even-numbered year following the date of issue, unless sooner revoked or suspended.
(B) An applicant for licensure shall:
(1) demonstrate financial responsibility as required by regulations of the board;
(2) not have engaged illegally in the licensed classification;
(3) demonstrate familiarity with the regulations adopted by the board concerning the classification for which application is made;
(4) if a corporation, have complied with the laws of South Carolina regarding qualification for doing business in this State or have been incorporated in South Carolina and have and maintain a registered agent and a registered office in this State;
(5) submit proof of registration with the Department of Revenue and submit a current tax identification number;
(6) where applicable, pass an examination administered by the board or its designated test provider in the license classification for which application is made;
(7) where applicable, complete training as prescribed by the board.
(C) A manufactured housing license is not required for a licensed real estate salesman or licensed real estate broker who negotiates for sale or sells a manufactured home for an individual who is the owner of not more than two manufactured homes, or for banks and finance companies licensed by the South Carolina Manufactured Housing Board that acquire manufactured homes which are situated on or affixed to real property as an incident to their regular business or attempts to negotiate for any legal entity the listing, sale, purchase, exchange, lease, or other disposition of a used manufactured or mobile home in conjunction with the listing, sale, purchase, exchange, lease, or other disposition of real estate upon which the used manufactured or mobile home is located.
(D) A license must be issued in only one person's name who may be the individual owner, stockholder, copartner, manufactured home retail salesman or other representative of a manufactured home manufacturer, manufactured home retail dealer, or other entity required to be licensed. It is the duty of a manufactured home retail dealer and manufactured home manufacturer to conspicuously display the licenses in the established place of business. Manufactured home retail salesmen and manufactured home contractors, installers, and repairers are required to carry their licenses on their persons at all times when they are doing business in this State, and they must be shown upon request.
(E) The board may deny a license to an applicant who submits an application meeting the requirements of this chapter if the applicant has been convicted in a court of competent jurisdiction of a felony within the prior seven years or an offense involving moral turpitude.
(F) No person may be issued a license as a manufactured home retail dealer unless the person can show proof satisfactory to the board of two years' experience in the manufactured home industry or other relevant experience acceptable to the board.
(G) Notwithstanding any other provision of law, the board may not grant reciprocity or issue a license to an applicant:
(1) whose license in another state is currently restricted in any way, including probationary or other conditions, or was surrendered in lieu of disciplinary action or was revoked;
(2) who has disciplinary action pending against him in another state; or
(3) who is currently under sentence, including probation or parole, for a felony, crime of moral turpitude, or other criminal violation related to any aspect of the business of manufactured housing.
(H) A holder of a lien on a manufactured home who sells, exchanges, or transfers by lease-purchase a repossessed manufactured home subject to the lien is not subject to the provisions of this chapter if the sale, exchange, or transfer is through a licensed manufactured home retail dealer who has entered into a contract with the lienholder for the sale, exchange, or transfer of the home. The contract between the lienholder and the manufactured home retail dealer must be in a form adopted by the board."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
J. VERNE SMITH for Committee.
TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANUFACTURED HOUSING LICENSE, SO AS TO EXEMPT FROM THIS LICENSING REQUIREMENT A LICENSED REAL ESTATE SALESMAN OR LICENSED REAL ESTATE BROKER WHO NEGOTIATES OR ATTEMPTS TO NEGOTIATE THE SALE OR OTHER DISPOSITION OF A USED MANUFACTURED OR MOBILE HOME IN CONJUNCTION WITH THE SALE OR OTHER DISPOSITION OF THE UNDERLYING REAL ESTATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-29-200(C) of the 1976 Code, as last amended by Act 171 of 2004, is further amended to read:
"(C) A manufactured housing license is not required for a licensed real estate salesman or licensed real estate broker who negotiates for sale or sells a manufactured home for an individual who is the owner of not more than two manufactured homes, or for banks and finance companies licensed by the South Carolina Manufactured Housing Board that acquire manufactured homes which are situated on or affixed to real property as an incident to their regular business or attempts to negotiate for any legal entity the listing, sale, purchase, exchange, lease, or other disposition of a used manufactured or mobile home in conjunction with the listing, sale, purchase, exchange, lease, or other disposition of real estate upon which the used manufactured or mobile home is located."
SECTION 2. This act takes effect upon approval by the Governor.
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