South Carolina General Assembly
124th Session, 2021-2022

Download This Bill in Microsoft Word format

A173, R174, S637

STATUS INFORMATION

General Bill
Sponsors: Senator Cromer
Document Path: l:\council\bills\df\13009cz21.docx

Introduced in the Senate on March 2, 2021
Introduced in the House on March 2, 2022
Passed by the General Assembly on May 5, 2022
Governor's Action: May 16, 2022, Signed

Summary: SC Dodd-Frank Conformity

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    3/2/2021  Senate  Introduced and read first time (Senate Journal-page 12)
    3/2/2021  Senate  Referred to Committee on Banking and Insurance 
                        (Senate Journal-page 12)
   2/23/2022  Senate  Committee report: Favorable Banking and Insurance 
                        (Senate Journal-page 8)
    3/1/2022  Senate  Read second time
    3/1/2022  Senate  Roll call Ayes-42  Nays-0
    3/2/2022  Senate  Read third time and sent to House 
                        (Senate Journal-page 11)
    3/2/2022  House   Introduced and read first time (House Journal-page 101)
    3/2/2022  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 101)
   4/28/2022  House   Committee report: Favorable Labor, Commerce and Industry 
                        (House Journal-page 7)
    5/4/2022  House   Read second time (House Journal-page 78)
    5/4/2022  House   Roll call Yeas-105  Nays-0 (House Journal-page 78)
    5/5/2022  House   Read third time and enrolled (House Journal-page 11)
   5/12/2022          Ratified R  174 (Senate Journal-page 208)
   5/16/2022          Signed By Governor
   5/31/2022          Effective date  05/16/22
   5/31/2022          Act No.  173

View the latest legislative information at the website

VERSIONS OF THIS BILL

3/2/2021
2/23/2022
4/28/2022


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A173, R174, S637)

AN ACT TO AMEND SECTION 37-22-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO THE MORTGAGE LENDING LAWS OF THIS STATE, SO AS TO ESTABLISH CERTAIN CRITERIA A RETAILER OF MANUFACTURED OR MODULAR HOMES MUST MEET TO QUALIFY AS AN "EXEMPT PERSON"; AND TO AMEND SECTION 40-58-20, RELATING TO DEFINITIONS APPLICABLE TO THE LICENSING OF MORTGAGE BROKERS ACT, SO AS TO ESTABLISH CERTAIN CRITERIA A RETAILER OF MANUFACTURED OR MODULAR HOMES MUST MEET TO QUALIFY AS AN "EXEMPT PERSON".

Be it enacted by the General Assembly of the State of South Carolina:

Definition of "exempt person"

SECTION    1.    Section 37-22-110(18)(i) of the 1976 Code is amended to read:

"(i)    a retailer of manufactured or modular homes or an employee of the retailer if the retailer or employee:

(i)     does not receive compensation or other gain for engaging in activities described in item (1), (2), or (26) in excess of any compensation or gain received in a comparable cash transaction;

(ii)    discloses in writing to the consumer any corporate affiliation with any creditor and, if a corporate affiliation exists, the identity of at least one unaffiliated creditor; and

(iii)    does not directly negotiate with the consumer or lender on loan terms including, but not limited to, rates, fees, and other costs; or"

Definition of "exempt person"

SECTION    2.    Section 40-58-20(16)(i) of the 1976 Code is amended to read:

"(i)    a retailer of manufactured or modular homes or an employee of the retailer if the retailer or employee:

(i)     does not receive compensation or other gain for engaging in activities described in item (1), (2), or (24) in excess of any compensation or gain received in a comparable cash transaction;

(ii)    discloses in writing to the consumer any corporate affiliation with any creditor and, if a corporate affiliation exists, the identity of at least one unaffiliated creditor; and

(iii)    does not directly negotiate with the consumer or lender on loan terms including, but not limited to, rates, fees, and other costs; or"

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 12th day of May, 2022.

Approved the 16th day of May, 2022.

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This web page was last updated on June 10, 2022 at 3:58 PM