Rep. Mac Toole Named Legislator of the Year

   May, 2015       Lexington County Republican Mac Toole was named South Carolina Legislator of the Year and honored as a champion of taxpayers who fights against unreasonable government regulation.

Rep. Toole is a businessman who represents the best interests of small businesses at the Statehouse, according to Mark Dillard, Executive Director of the Manufactured Housing Institute of SC, a leading business association based in Columbia. 

“Mac Toole was instrumental in passing legislation that cut red tape for builders, sellers and buyers of modular homes in South Carolina,” Dillard said.

Rep. Toole introduced legislation this year which simplifies licensing for manufactured home sellers while increasing consumer protections in the state.   Toole filed the bill on behalf of the Manufactured Housing Institute of SC.  MHISC is a non-profit organization which works to raise standards for the industry.  The group represents home manufacturers, sellers, developers, banks and the other service and supply companies which serve the manufactured and modular home industries in South Carolina.

The West Columbia legislator received the recognition at the annual meeting of the trade association in Columbia which represents over 600 businesses across the state as well as major national manufacturers and lenders doing business in the state.

 Speaking at the group’s state convention, Toole praised the industry for its role in providing quality affordable homes for tens of thousands of South Carolina families. 

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The Manufactured Housing Institute provides governmental and media representation for the factory-built home industry, publishes newsletters and a magazine on industry issues, organizes statewide and local chapter meetings to keep members informed and provide marketing opportunities for the companies.

MHISC operates two websites: www.MHISC.com and www. SCModularHome.com For membership, advertising and consumer information, contact info@mhisc.com

 

Joe Walden To Be 2015 Inductee Into SC Manufactured Housing    Hall of Fame

Walden will be honored at MHISC’s Annual Meeting in April  April, 2015

Joe Walden casts a large shadow in the manufactured home industry. And it’s not just because of his athletic 6-foot, 6-inch frame.

Walden has been an active association leader through-out his four decades in the manufactured home industry.  He has served on the MHISC Board of Directors in three different capacities: as a chapter president, in a service / supplier slot on the board and as a representative of the state’s community members.

The industry will have an opportunity to say thank you to Walden for his leadership the evening of April 22 in Columbia.  The event will be part of MHISC’s Annual Meeting.  (Click on "Meetings" on the left, then "Spring Meeting." )

First President 

In 1988 Mr. Walden was chosen as the first President to lead the newly chartered Upstate Chapter of MHISC.  He bought his first manufactured home community in 1990. He now owns communities in Pendleton and Anderson and continues to serve the association as a member of MHISC’s Community Managers Committee.

Walden is Vice President for Manufactured Housing of Tri-State Distributors.  The Manufactured Housing Division of the company is known as an operation with technological savvy and modern facilities.  But under Walden, Tri-State has maintained a family atmosphere with long-term relationships and close friendships with the state’s dealers.  Joe Walden will celebrate his 30thanniversary with Tri-State this year.

Joe is a native of South Carolina’s Upstate area. He was born in Spartanburg and moved to Anderson in 1976. Walden was a high-school basketball standout who played for USC Spartanburg. Walden modestly asserts that his basketball career was a short one.  “I was a pretty big boy in high school but one of the smaller guys in college. Playing in college is a whole different game.”

The Needs of Retailers

Joe’s understanding of the needs of the state’s retailers grew out of his own experiences as a salesperson going back to 1972.  Walden went to work for his uncle, Marvin London, of Starvin’ Marvin retail fame. London was partners with Norman Pulliam, an early industry leader and an original member of the state agency SC Manufactured Housing Board.  Pulliam was a strong positive influence early in Walden’s career in the industry.  Walden ran his own retail center and then moved to Tri-State in 1985. 

Joe has been a consistent advocate for high ethical standards in the manufactured home industry--and for an association that presents the right image as well.

In the 1980’s he was part of a group of members who sought to make MHISC’s annual convention a family event.  At one time the convention was a golf and boy’s night out type of affair.  Around 1987 Walden, Mitch Gault and a few other members brought their families to the convention.  “That year we had about 12 kids at the convention.   The next year the number of youngsters doubled, and doubled again the year after that.”

A Family Affair

Walden’s personal contribution to the family atmosphere was a major one.  He brought all his six children to the events.  You couldn’t miss the tall, outgoing Walden kids; Zach, Joyce, John, Matt, Joe, and Mary; at the convention each year.

Joe says that attending MHISC’s annual summer meeting also made an impression on his six children as well. “Every one of them will tell you that they learned a lot about how to meet and greet people, the importance of networking, the types of relationships it takes to build a business and an industry.”

Through the years Walden has been a perennial supporter of MHISC’s state meetings both as an attendee and a sponsor. Tri-State’s financial support helps the association offer first-class events for a modest registration fee. 

Joe Walden has always encouraged his employees to become active and assume leadership positions in MHISC.  Doug Marchbanks has played an essential role in the association’s Upstate chapter for over a decade and serves on the state Board of Directors.  WA Burns held a range of positions in MHISC’s leadership, serving as a supplier representative on the Board and as Treasurer on the key MHISC Executive Committee. 

Four Decades of Success

With over four decades of success in the industry and an impressive list of accomplishments as an association leader on his resume, Walden continues to work for the good of the industry.  He works actively as a member of MHISC’s Community Managers Committee as an advocate for improved standards and a new image.

When the Town of Pendleton in his home county attempted to eliminate manufactured homes from with-in the city limits, Walden sprang into action.  He teamed up with MHISC, lobbying town leaders and speaking repeatedly at council meetings, according to MHISC Executive Director Mark Dillard.  Walden and the association ended up virtually writing the ordinance themselves, providing wording that town officials ultimately incorporated into the ordinance.

“The secret of Joe’s success was perseverance,” Dillard said.  “It’s common for people to get riled up about an issue and show up at a meeting or two.  But Joe kept talking to the right people and coming to the meetings time after time until the industry got what it needed.”

“That’s just one of the traits that makes Joe Walden the type of person who deserves the honor he’ll receive April 22.”

 

Industry News Highlights:

2012-2014      

April 2014

Al Randall Inducted into SC Hall of Fame

Dealer Art Newton summed it up nicely:  “Al Randall is such a funny and laid-back guy, it’s easy to forget what a strong leader he is for our industry.”

If any members weren’t aware of Randall’s accomplishments for the association and the MH industry, that was rectified in April.   The popular lender was honored and inducted into the SC Manufactured Housing Hall of Fame, the industry’s highest honor.

       

Randall served as MHISC Chair, keeping the association strong during an industry downturn.  He has served as association treasurer and as a supplier representative on the MHISC Board.  Randall served multiple times as President of the Pee Dee Chapter and continues as a key supporter and organizer for the Florence-area chapter.

One of Randall’s strongest traits is his willingness to say yes whenever the association needs help. “I don’t know if anybody actually wants to be roasted but when we asked Al to be the ‘honoree’ at our first association roast, he agreed because MHISC needed him to build a good show around,” Newton said.

Whenever the association needs someone who can handle a tricky situation with diplomacy, the MHISC staff calls on Al, according to Executive Director Mark Dillard.

“I can think of several times where we went to Al when there was news to deliver that wasn’t going to make someone happy,” Dillard said. “Al likes to say that he’s not politically correct but the fact is that people believe and trust what he says because of his communication skills and reputation for integrity.”

     Joanne Polston Named                Salesperson of the Year        

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  •                           Housing Expert Represents
  •                       Southern Palms Community in Ladson
  •  

    Joanne Polston was named 2014 Salesperson of the Year for South Carolina. She represents Jensen’s Southern Palms, a development offering affordable single-family homes in a leisure retirement community for persons who are typically 55 and over.

              The SC Manufactured Home Salesperson of the Year honor is based on criteria including progressive marketing, ethical business practices and community involvement.

              Polston was selected by her peers, the members of a statewide business association with over 600 business locations, the Manufactured Housing Institute of SC (MHISC).  The organization works to educate consumers and promote high standards in construction and business practices.

              In balloting, other business owners and executives cited Joanne Polston’s extensive experience in real estate, home sales and creating quality developments with factory-built homes.

              Polston has over 20 years’ experience working with manufactured and modular home manufacturers to find the house that is the best value for customers.

              Once installed on-site at Southern Palms, the company’s property in Ladson, SC represented by Polston, the factory-built homes are indistinguishable from homes built completely on-site, but the initial cost is lower.

              The cost savings are due to the advantage of rain-or-shine indoor production and the fact that home manufacturers buy materials in volume, he said.  The homes are delivered in sections and assembled on-site.

             According to Mark Dillard, Executive Director of the MHISC business association, Polston was elected April 3 to a key leadership position in the industry, serving on the Manufactured Housing Institute Board of Directors. 

           

           Sonny Cooper, Jr.

  • January 2 1951 - April 8, 2014

    The industry mourns the passing  of Sonny Cooper, Jr., age 63, of Douglas, GA passed away on Tuesday, April 8, 2014, at Medical Center of Central Georgia following a brief illness. Sonny has served as a popular manufacturer's representative in our industry.

  • Mr. Cooper was born on January 2, 1951, in Butler, GA to Grace Jackson and the late Julian Cooper, Hodge, Lynn’s grandchildren, Eli and Avery Deen, and Cash Hodge, several nieces and nephews, and special dog, Scarlett Ann.  


    Survivors include: his son, Julian Thomas (Mary) Cooper, III of Cobb, GA, grandson, Julian Thomas Cooper, IV of Cobb, GA, mother, Grace Jackson of Rupert, GA, two brothers, Jack (Melba) Cooper of Bishop, GA and James (Lisa) Jackson of Sufflok, VA, sister, Hilda Browder of Cecil, AL, loving partner, Lynn McDonald of Douglas, GA, her daughters, Kimberly (Brent) Deen & Erin (Chap) Hodge, Lynn’s grandchildren, Eli and Avery Deen, and Cash Hodge, several nieces and nephews, and special dog, Scarlett Ann. 
    Visitation will be held on Thursday, April 10, 2014 from 6:00 to 9:00 p.m.


    Funeral Service will be held on Friday, April 11, 2014 at 11:00 a.m. at Covenant Christian Church with Pastor Gregory Pope officiating. Interment will follow at Sand Bethel Church Cemetery in Rupert, GA. Music will be furnished for the service by CD’s “Get Over It” and Congregation “Amazing Grace”. Active Pallbearers were: Dennis Wright, Asa Whitfield, Dewayne Carr, Jimmy Kitchens, Gene Wade, and Roger O’Steen. Sims Funeral Home was in charge of the arrangements.

     

    Association Welcomes Ed Schafer to the Staff        
  • Attorney Ed Schafer joined MHISC  as the association's new staff member in February.  Mr. Schafer will work with association director Mark Dillard in representing the association at the Statehouse and before state agencies and local governments.

  • Ed Schafer is a graduate of the Citadel and USC Law School. He has served as a lobbyist for the SC Municipal Association and SC Association of Counties and provided to the state's towns, cities and counties.  Besides his lobbying efforts in Columbia, Schafer will guides the industry's efforts to build relationships with local governments work with local bodies to promote fair zoning for manufactured homes.

  •                                 

                                     ModularTwo Days Cut From Turn-Around

                                Time for Modular Labels

    South Carolina has cut two days off the time it takes to issue a label approving a modular home.

    Two main changes are a new system for electronic payment for plan approval and a process where labels can be sent electronically and printed out by the third-party inspector.    The two steps, sending a check and shipping labels, each added a day to the process, even when next day shipping services were used.  

    MHISC and its modular affiliate, SCMHI, began talking with the SC Department of Labor, Licensing and Regulation in 2012 about ways to eliminate delays in plan review and label issuance.

    Roger Lowe, Administrator for the State Building Code Council (BCC), worked with agency IT people to implement the new innovations, according to Council Member Henry Drury. 

    We really appreciate the can-do attitude of Mr. Lowe and his staff," Drury said. "A lot of thought and work went into these new systems."

    MHISC and it modular affiliate, the SC Modular Housing Institute (SCMHI) will keep members informed as the new systems are implemented.

     

            Password Members Got New Passwords in January

     

    Each MHISC member company got a new password for the Members Only section of MHISC.com in January.    The association changed over to the new passwords in early January and will sent each company their password on the same day as the changeover.

    Each company that is a paid-up member for 2014 received a password.   Individual employees of member companies can also get their own password.

    The passwords give members access to features such as the Member Library, Membership Directory and past issues of the association’s magazines and newsletters.

    Click here to find out if your company is a paid-up 2014 member or to set your own individual password.

     

     

    MHISC Recruits US Congressman to Sponsor Legislation to Fix Federal Dodd-Frank Law

    November 2013

    US Congressman Jeff Duncan signed on to sponsor the Preserving Access to Manufactured Housing Act. The legislation, H. R. 1779,  would change some of the most harmful provisions of the so-called Dodd-Frank Wall Street Reform and Consumer Protection Act.

    Rep. Duncan, an industry supporter, represents the 3rd  Congressional District in South Carolina's Upstate.

    The federal Dodd-Frank Act, passed by the US Congress in Washington, would put more manufactured home loans into the undesirable "High Cost Mortgage" category. Federal regulations place excessive liability on lenders who offer  loans that fall into that category.

    MHISC's work with South Carolina's Congressional Delegation has  generated strong support for the pro-manufactured housing legislation.  Congressmen Joe Wilson and Rick Mulvaney also agreed to sponsor the legislation at the request of MHISC.  Former Representative Tim Scott, who sponsored similar legislation last year, has now been appointed to the US Senate where his influence will benefit manufactured housing and other South Carolina businesses.

    ---------------------------------------------------------------------------

     

    2013 Manufactured Housing Legislation

    Approved by the SC Legislature

     

    The SC legislature has passed S310, designed to keep bad apples and under-qualified persons out of the industry.   The new law, now in effect, also gives lenders a legal way to dispose of repossessed homes.

     

    IMPORTANT:  This unofficial summary is designed to direct members to key features of the legislation and should not be considered legal advice.   Please consult with your legal counsel to determine how these changes in the law may impact your own company operations.

     

    Financial Requirements for New Dealers Raised

               

    ® Agency staff can routinely approve dealer applicant who meets financial standards. Person who doesn’t meet the standards must appear before the SC Manufactured Housing Board (SCMHB).

     

    ® Raises dealer financial standards:  a) from 650 to 700 credit score, and  b) 150K net worth to 150K “cash or cash equivalency.”    

     

    ® SCMHB may grant license to company that doesn’t meet standards if they appear financially viable.  Board can modify or restrict the activities of the licensee who doesn’t meet the standards.                                                                                                                     

                                                                                                                                         More details

    Crackdown on Unlicensed Sales:

         Dealer Number Required on Advertising

        ® Advertising for the sale of manufactured homes located in South Carolina must include dealer license number.

     

        ®  Applies to print, Internet, or email advertisements                                           More details

    Lenders Get a Legal Way to Dispose of Repossessed Homes: Sales Through Licensed Dealers

        ® A lienholder who sells a repossessed manufactured home through a licensed manufactured home retail dealer is not required to get its own dealer’s license. 

     

        ®  License not required for direct sale by lender  if part of formal foreclosure as set out in SC law in section 29-3-610.      

                                                                                                                                         More details

           

    Allows Board to Deny Denies License to Persons Who Have Violated Specified Laws

    ®  The SC Manufactured Housing Board may deny a license for a person convicted of one of the crimes listed in the code section. Or they can approve a license with conditions.  Seven year time limit removed.

     

    ®  The SC Manufactured Housing Board must deny a license for a person currently under sentence including probation or parole for the specified crimes

                                                                                                                                         More details

    Full text of new law, S310

               

    FinancialRequirementsFinancial Requirements for New Dealers Raised

     

    Highlights

    ® Agency staff can routinely approve dealer applicant who meets financial standards. Person who doesn’t meet the standards must appear before the SC Manufactured Housing Board (SCMHB).

    ® Raises dealer financial standards:  a) from 650 to 700 credit score, and  b) 150K net worth to 150K “cash or cash equivalency.”    

    ® SCMHB may grant license to company that doesn’t meet standards if they appear financially viable.  Board can modify or restrict the activities of the licensee who doesn’t meet the standards.

     

    In Practical Terms…

    In practical terms, this means a dealer applicant who meets the standards can have his or her license approved routinely by agency staff (as long as they don’t have other problems.)   If the applicant does not meet the standards, they can go before the licensing board and talk about their business plan and explain why they are unlikely to have problems meeting their obligations to customers.

    In the past, the majority of applicants who have gone before the board have ultimately received a license. A typical case is a person who only wants to sell used homes or a small number of homes.  They can suggest or agree to build such a restriction into their license.

     

    Wording of the Provision

    “Section 40‑29‑95.   (A)  The board shall consider the financial responsibility of an applicant as determined by this section and regulations promulgated by the board.

        (B)  A retail dealer applicant who fails to possess cash or cash equivalency in an amount equal to or greater than one hundred fifty thousand dollars or a credit score of less than seven hundred must appear before the board.

        (C)  Should the board license an applicant who is unable to meet the financial responsibility guidelines of this section or the regulations of the board, then the board may modify or restrict the activities of the licensee.”

     

    The Story Behind the Story

    Back in the 1990’s the manufactured home industry had a problem with undercapitalized dealers suddenly going out of business. Industry leaders say the financial responsibility criteria have increased stability and improved the image of the industry.

    The SCMHB adopted this and other policies over 10 years ago to help reduce future problems. The new law, S310, takes that policy and makes it a part of the official SC Code of Laws.  The parent agency of the SCMHB, the SC Dept. of Labor, Licensing and Labor, told the board that they wanted the board’s policies to be enacted as official state laws approved by the SC Legislature.

     

    CrackdownCrackdown on Unlicensed Sales:

         Dealer Number Required on Advertising

     

    Highlights

    ® Advertising for the sale of manufactured homes located in South Carolina must include dealer license number.

    ®  Applies to print, Internet, or email advertisements

     

    In Practical Terms…

    The information can be in a simple form such as  DL #12345.   Television advertisements are not covered; mail-outs, newspaper, shopper advertisements and signs are.

     

    Wording of the Provision

    Dealer license number required in certain advertisements

     

    Section 40‑29‑325.      Licensed manufactured housing retail dealers shall include their dealer license number on any print, Internet, or email advertisement by the retail dealer for the sale of a manufactured home located in South Carolina.”

     

    The Story Behind the Story

    The purpose of the provision is to help state regulators identify unlicensed home-sellers. If an advertisement runs without a dealer number, an investigator can check whether the seller is licensed.  If the company or person is unlicensed, the board can make a case against them.

     

    LendersgetLenders Get a Legal Way to Dispose of Repossessed Homes: Sales Through Licensed Dealers

     

    Highlights

    ® A lienholder who sells a repossessed manufactured home through a licensed manufactured home retail dealer is not required to get its own dealer’s license. 

    ®  Does not apply to a sale conducted through the foreclosure process

     

    In Practical Terms…

    Adds a way for a lienholder to legally sell a repossessed chattel  home – through a licensed manufactured home dealer.  Removes the need for a lienholder to get a dealers licensed.  These are the only two legal ways for a lender to sell (or offer)  more than two manufactured homes in any 12-month period.

    Even if the lender is licensed as a retailer dealer, laws already on the books say the lender still cannot sell their repos to or through an unlicensed dealer or broker.

     

    Wording of the Provision

    Section 40-29-200.    (D)    The 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. A sale by a lienholder conducted through the foreclosure process of Section 29-3-610, et seq. may not be subject to the provisions of this chapter.

     

    The Story Behind the Story

    This provision fixes a situation where a lender / lienholder until now could only dispose of repos by getting a dealers license.  Some lenders apparently have been selling homes to or through unlicensed sellers.  With the SC Manufactured Housing Board planning a major crackdown on unlicensed sales that practice would not be an option for long.  This legislation resolves the issue before it becomes a major problem for lenders and gives the lienholder a readily available legal method to sell their repossessed homes

     

    allowsboardAllows Board to Deny License to Persons Who Have Violated Specified Laws

     

    Highlights

    ®  The SC Manufactured Housing Board may deny a license for a person convicted of one of the crimes listed in the code section.

    ®  The SC Manufactured Housing Board must deny a license for a person currently under sentence including probation or parole for those crimes.

     

    In Practical Terms…

    The licensing board can deny a person a license if they have been convicted of a large number of major crimes as well as other felonies “related to any aspect of the business of manufactured housing.” The applicant is totally disqualified while under probation or parole for the same crimes. Disqualifying offenses include violent and other very serious crimes such as large scale drug trafficking, 2nd degree arson, 2nd degree burglary as listed in SC Code Section 16-1-60.

     

    Wording of the Provision

    “(F)    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 violent crime as defined in Section 16-1-60, a felony directly related to any aspect of the business of manufactured housing, or a felony, an essential element of which is dishonesty, reasonably related to any aspect of the business of manufactured housing.

     (H)    Notwithstanding any other provision of law, the board may not grant reciprocity or issue a license to an applicant: 

     (3)    who is currently under sentence, including probation or parole, for a violation of Section 16-1-60, a felony directly related to any aspect of the business of manufactured housing, or a felony, an essential element of which is dishonesty, reasonably related to any aspect of the business of manufactured housing.”

    The Story Behind the Story

    Previously the manufactured housing  law prohibited licensing for persons convicted of a broader collection of crimes but did not allow consideration of convictions more than seven years old.  The new provision narrows the types of crimes that can  be considered but eliminates the seven-year cut-off. 

     

    s310Full text of new legislation, S310

     

    New provisions are highlighted

     

    S310:  2013 Manufactured Housing Legislation

    South Carolina

    R118, S310

     

    Governor's Action: June 20, 2013, Signed

     

    Summary: Manufactured Housing Board

     

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

     

    Financial responsibility requirements

     

    SECTION    1.    Chapter 29, Title 40 of the 1976 Code is amended by adding:

     

    "Section 40-29-95.    (A)    The board shall consider the financial responsibility of an applicant as determined by this section and regulations promulgated by the board.

     

    (B)    A retail dealer applicant who fails to possess cash or cash equivalency in an amount equal to or greater than one hundred fifty thousand dollars or a credit score of less than seven hundred must appear before the board.

     

    (C)    Should the board license an applicant who is unable to meet the financial responsibility guidelines of this section or the regulations of the board, then the board may modify or restrict the activities of the licensee."

     

    Dealer license number required in certain advertisements

     

    SECTION    2.    Chapter 29, Title 40 of the 1976 Code is amended by adding:

     

    "Section 40-29-325.    Licensed manufactured housing retail dealers shall include their dealer license number on any print, Internet, or email advertisement by the retail dealer for the sale of a manufactured home located in South Carolina."

     

    Application requirements, certain lienholder conveyance exempt

     

    SECTION    3.    Section 40-29-200 of the 1976 Code is 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 Section 40-29-95;

     

    (2)    for a retail dealer, provide a financial statement reviewed by a licensed certified public accountant;

     

    (3)    not have engaged illegally in the licensed classification;

     

    (4)    demonstrate familiarity with the regulations adopted by the board concerning the classification for which application is made;

     

    (5)    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;

     

    (6)    submit proof of registration with the Department of Revenue and submit a current tax identification number;

     

    (7)    where applicable, pass an examination administered by the board or its designated test provider in the license classification for which application is made;

     

    (8)    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 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)    The 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. A sale by a lienholder conducted through the foreclosure process of Section 29-3-610, et seq. may not be subject to the provisions of this chapter.

     

    (E)    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.

     

    (F)    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 violent crime as defined in Section 16-1-60, a felony directly related to any aspect of the business of manufactured housing, or a felony, an essential element of which is dishonesty, reasonably related to any aspect of the business of manufactured housing.

     

    (G)    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.

     

    (H)    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 violation of Section 16-1-60, a felony directly related to any aspect of the business of manufactured housing, or a felony, an essential element of which is dishonesty, reasonably related to any aspect of the business of manufactured housing.

     

    (I)(1)    An applicant may be granted an apprentice salesperson license for up to one hundred twenty days. An apprentice salesperson license may not be issued to an applicant if the applicant has ever been:

     

    (a)    denied any type of license issued pursuant to this chapter;

     

    (b)    subject to suspension or revocation of a license issued pursuant to this chapter; or

     

    (c)    subject to any disciplinary action taken in accordance with this chapter.

     

    (2)    An applicant is subject to all of the requirements of this chapter and regulations promulgated pursuant to this chapter, except that an applicant is not required to complete the training, testing, and bond requirements established for a regular retail salesperson license."

     

    Surety bonds and other required security

     

    SECTION    4.    Section 40-29-230(B)(3) of the 1976 Code is amended to read:

     

    "(3)    The board, upon a finding of a violation by a licensee or that an applicant is unable to meet the financial responsibility guidelines, may further require the licensee to increase the amount of a surety bond or other approved security. An increase must be proportioned to the seriousness of the offense, the repeat nature of the licensee's violations, or related to the financial condition of an applicant. The total amount may not exceed an additional seventy-five thousand dollars for manufacturers, fifty thousand dollars for dealers, twenty thousand dollars for salespersons, and ten thousand dollars for manufactured home contractors, installers, and repairers. The board, after one year, may reduce an increased surety bond or other approved security when satisfied that violations have been cured by appropriate corrective action and that the licensee is otherwise in good standing. The bonds cannot be reduced below amounts provided in this section."

     

    Time effective SECTION    5.    This act takes effect upon approval by the Governor.

     

    s16160Definition of Violent Crimes under South Carolina Law –

       Section 16-1-60 of the SC Code of Laws

     

    SECTION 16‑1‑60. Violent crimes defined.

     

        For purposes of definition under South Carolina law, a violent crime includes the offenses of:  murder (Section 16‑3‑10);  attempted murder (Section 16‑3‑29);  assault and battery by mob, first degree, resulting in death (Section 16‑3‑210(B)), criminal sexual conduct in the first and second degree (Sections 16‑3‑652 and 16‑3‑653);  criminal sexual conduct with minors, first, second, and third degree (Section 16‑3‑655);  assault with intent to commit criminal sexual conduct, first and second degree (Section 16‑3‑656);  assault and battery with intent to kill (Section 16‑3‑620);  assault and battery of a high and aggravated nature (Section 16‑3‑600(B));  kidnapping (Section 16‑3‑910);  trafficking in persons (Section 16‑3‑930);  voluntary manslaughter (Section 16‑3‑50);  armed robbery (Section 16‑11‑330(A));  attempted armed robbery (Section 16‑11‑330(B));  carjacking (Section 16‑3‑1075);  drug trafficking as defined in Section 44‑53‑370(e) or trafficking cocaine base as defined in Section 44‑53‑375(C);  manufacturing or trafficking methamphetamine as defined in Section 44‑53‑375;  arson in the first degree (Section 16‑11‑110(A));  arson in the second degree (Section 16‑11‑110(B));  burglary in the first degree (Section 16‑11‑311);  burglary in the second degree (Section 16‑11‑312(B));  engaging a child for a sexual performance (Section 16‑3‑810);  homicide by child abuse (Section 16‑3‑85(A)(1));  aiding and abetting homicide by child abuse (Section 16‑3‑85(A)(2));  inflicting great bodily injury upon a child (Section 16‑3‑95(A));  allowing great bodily injury to be inflicted upon a child (Section 16‑3‑95(B));  criminal domestic violence of a high and aggravated nature (Section 16‑25‑65);  abuse or neglect of a vulnerable adult resulting in death (Section 43‑35‑85(F));  abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43‑35‑85(E));  taking of a hostage by an inmate (Section 24‑13‑450);  detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10‑11‑325(B)(1));  spousal sexual battery (Section 16‑3‑615);  producing, directing, or promoting sexual performance by a child (Section 16‑3‑820);  sexual exploitation of a minor first degree (Section 16‑15‑395);  sexual exploitation of a minor second degree (Section 16‑15‑405);  promoting prostitution of a minor (Section 16‑15‑415);  participating in prostitution of a minor (Section 16‑15‑425);  aggravated voyeurism (Section 16‑17‑470(C));  detonating a destructive device resulting in death with malice (Section 16‑23‑720(A)(1));  detonating a destructive device resulting in death without malice (Section 16‑23‑720(A)(2));  boating under the influence resulting in death (Section 50‑21‑113(A)(2));  vessel operator's failure to render assistance resulting in death (Section 50‑21‑130(A)(3));  damaging an airport facility or removing equipment resulting in death (Section 55‑1‑30(3));  failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56‑5‑750(C)(2));  interference with traffic‑control devices, railroad signs, or signals resulting in death (Section 56‑5‑1030(B)(3));  hit and run resulting in death (Section 56‑5‑1210(A)(3));  felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56‑5‑2945(A)(2));  putting destructive or injurious materials on a highway resulting in death (Section 57‑7‑20(D));  obstruction of a railroad resulting in death (Section 58‑17‑4090);  accessory before the fact to commit any of the above offenses (Section 16‑1‑40);  and attempt to commit any of the above offenses (Section 16‑1‑80).  Only those offenses specifically enumerated in this section are considered violent offenses.

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SC Congressmen Tim Scott and Joe Wilson Announce They Will Sponsor Key Legislation for the MH Industry in Washington  July 2012

At the request of MHISC, US Rep. Tim Scott (left) and US Rep. Joe Wilson (right,) both industry supporters, have signed on to sponsor  H.R. 3849, the "Improving Access to Manufactured Housing Act."

This is important federal legislation  designed to fix problems created by the SAFE  Act and the Dodd Frank Act. The "Dodd Frank"  legislation would make many chattel loans unaffordable.

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Governor Appoints Industry Leader Al Randall and MH Resident Adam Reese to SC Manufactured Housing Board   July, 2012
Governor Nikki Haley has named banking executive Al Randall (right) to serve on the SC Manufactured Housing, the state commission which regulates the industry.
Mr. Adam Reese (left) will serve on the SCMHB as a
representative of the state's manufactured home residents. He is the proud owner of a manufactured home purchased from Shipley Homes in West Columbia.
Governor Appoints New Director to Oversee LIcensing Boards

The licensing boards that govern most MHISC members have a new director. Gov. Haley appointed Holly Gillespie PisariK as head of the SC Dept of Labor, Licensing and Regulation. That cabinet agency includes the manufactured housing, modular, and residential builder boards. Ms. Gillespie is an attorney who worked as a top lawyer with-in LLR. She graduated from Winthrop and USC Law School.

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New Law Guaranteeing Placement of Modular Homes Now on the Books

Governor Nikki Haley signed into law legislation guaranteeing the placement of residential modular homes that have been used as display models.

The legislation, drafted by MHISC / SCMHI was introduced by industry supporter Alan Clemmons, a state representative from Horry County. The SC Modular Housing Institute is the modular division of MHISC.

The Customer Can  Buy the Home with Confidence 

The legislation will benefit member companies and homebuyers.  It comes into play when a home is built to a particular year’s edition of the building code and then sold after a new edition has been adopted.  The customer can buy the home with confidence that the home can be placed.

MHISC members can contact the association for full details and requirements under the new law.

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MHISC Board Members Personally Kick in $10,000 for Industry Political Donations

 

MHISC’s leadership often preaches the importance of maintaining a strong Political Action Committee.  That’s the association’s political war chest which MHISC uses to support the candidates who support the manufactured home industry.

Members are urged to sponsor and play in association golf tournaments and make contributions along with their annual dues

Put Your Money Where……

The MHISC Board put its money where its mouth is by contributing or raising $10,000 for political contributions, according to Political Action Committee Chair Trey Ledbetter.

“For a 20-person board, that’s a lot of money,” Ledbetter said.  Some board members secured large contributions from their own companies;  others raised money from friends in the industry; others took the money out of their own pocket.”

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Many board members took the money

out of their own pocket

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The industry will face tough issues at the SC Statehouse this year, Ledbetter said, issues that could dramatically impact sales. 

“We have to be politically strong and have a high profile at the Statehouse this year,” Ledbetter said.  “We’re going to be asking members to give generously.  We want members to know that the leadership takes these issues seriously and we’ve been wiling to do our part financially. “

MHISC is the voice of the manufactured and modular home industries in South Carolina.

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