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South CarolinaS 0325126th General Assembly (2025-2026)Senate

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF CONSUMER AFFAIRS TO THE DEPARTMENTS WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT; BY ADDING SECTION 1-30-145 SO AS TO PROVIDE FOR THE TRANSITION OF THE DEPARTMENT OF CONSUMER AFFAIRS TO THE EXECUTIVE BRANCH OF STATE GOVERNMENT; BY AMENDING SECTION 37-6-103, RELATING TO THE DEFINITION OF "ADMINISTRATOR," SO AS TO PROVIDE THAT THE ADMINISTRATOR IS APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTIONS 37-6-104 AND 37-6-117, SECTION 37-6-501 THROUGH SECTION 37-6-510, AND SECTIONS 37-6-602 AND 37-6-604, ALL RELATING TO THE FUNCTIONS AND DUTIES OF THE COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE FOR THE DISSOLUTION OF THE COMMISSION ON CONSUMER AFFAIRS TO BE REPLACED WITH AN ADMINISTRATOR AS THE HEAD OF THE DEPARTMENT, AND TO MAKE CONFORMING CHANGES.

Sponsored By: A. Shane Massey (Republican)

Signed by Governor

Summary

Consumer Affairs

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 5 benefits, 1 costs, 0 mixed.

Safe harbor for rule-following businesses

If a business follows a written rule, order, opinion, or interpretation from the Administrator, it is protected from penalties. That protection still applies even if the guidance later changes or is ruled invalid.

Administrator can set consumer rules

The Administrator enforces state consumer law. The Administrator can adopt, change, or repeal rules to carry out the law and stop workarounds. Clear rules and interpretations guide businesses and protect consumers.

Consumer Advocate qualifications and reporting

The Consumer Advocate can be the Administrator or someone the Administrator appoints. The Advocate must be a lawyer admitted in all South Carolina courts with at least eight years of experience. Each year, the Department’s report includes the Division of Consumer Advocacy’s work.

Consumer Affairs moves to Governor's branch

The Department of Consumer Affairs is now part of the executive branch. The Governor appoints the Administrator with Senate approval. The old Commission on Consumer Affairs no longer runs the agency; a single Administrator leads it. All staff, funds, contracts, property, and debts of the former structure move to the Department so work continues without interruption.

Standards and bond for agency leaders

The Administrator must be at least 30, a South Carolina resident taxpayer, of good moral character, and free of conflicts with regulated businesses. The Administrator takes an oath and posts a $50,000 bond; the State pays the bond premium. Deputy administrators may be named but must meet the same qualifications and bond.

Governor must OK key agency lawsuits

The Administrator cannot file class actions, start criminal cases, or ask courts for injunctions without the Governor’s approval. The Administrator may bring a small individual case only with the Governor’s approval when damages are $2,500 or less and either two South Carolina attorneys declined in writing or one South Carolina attorney asks in writing for the case.

Sponsors & Cosponsors

Sponsor

  • A. Shane Massey

    Republican • Senate

Cosponsors

  • Thomas C. Alexander

    Republican • Senate

  • Overture Walker

    Democrat • Senate

  • Jeff Zell

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 216 • No: 32

House vote • 5/13/2026

(Department of Consumer Affairs)Table Amendment 1  Amendment number 1

Yes: 84 • No: 22

House vote • 5/13/2026

(Department of Consumer Affairs)Passage of Bill

Yes: 91 • No: 9

Senate vote • 2/25/2026

(Department of Consumer Affairs)2nd Reading

Yes: 41 • No: 1

Actions Timeline

  1. Effective date 05/19/26

    6/5/2026legislature

  2. Act No. 221

    6/3/2026legislature

  3. Signed By Governor

    5/19/2026Governor

  4. Ratified R 223

    5/15/2026legislature

  5. Read third time and enrolled

    5/14/2026House

  6. Roll call Yeas-91 Nays-9

    5/13/2026House

  7. Read second time

    5/13/2026House

  8. Debate adjourned

    5/7/2026House

  9. Requests for debate-Rep

    5/5/2026House

  10. Debate adjourned until Tues., 5-5-26

    4/30/2026House

  11. Debate adjourned

    4/29/2026House

  12. Debate adjourned

    4/28/2026House

  13. Scrivener's error corrected

    4/23/2026legislature

  14. Committee report: Favorable Labor, Commerce and Industry

    4/22/2026House

  15. Referred to Committee on Labor, Commerce and Industry

    3/4/2026House

  16. Introduced and read first time

    3/4/2026House

  17. Read third time and sent to House

    2/26/2026Senate

  18. Roll call Ayes-41 Nays-1

    2/25/2026Senate

  19. Read second time

    2/25/2026Senate

  20. Scrivener's error corrected

    4/22/2025legislature

  21. Committee report: Favorable Banking and Insurance

    4/16/2025Senate

  22. Scrivener's error corrected

    2/12/2025legislature

  23. Referred to Committee on Banking and Insurance

    2/6/2025Senate

  24. Introduced and read first time

    2/6/2025Senate

Bill Text

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