H 4617 General Bill, By Davenport
 A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE
 "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN
 CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS
 AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO
 DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR
 RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION
 OF "GENERAL CONTRACTORS SPECIALTY".

   02/15/00  House  Introduced and read first time HJ-24
   02/15/00  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-24
   04/12/00  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-5
   04/18/00  House  Amended HJ-50
   04/18/00  House  Read second time HJ-50
   04/19/00  House  Read third time and sent to Senate HJ-29
   04/20/00  Senate Introduced and read first time SJ-5
   04/20/00  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-5
   05/16/00  Senate Committee report: Favorable Labor, Commerce and
                     Industry SJ-13
   05/23/00  Senate Read second time SJ-25
   05/23/00  Senate Ordered to third reading with notice of
                     amendments SJ-25

Indicates New Matter

COMMITTEE REPORT

May 16, 2000

H. 4617

S. Printed 5/16/00--S.

Read the first time April 20, 2000.

To whom was referred a Bill (H. 4617), to amend Section 40-11-370, Code of Laws of South Carolina, 1976, relating to engaging in construction pursuant to a license, so as to define "engaging in construction", etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

J. VERNE SMITH, for Committee.

TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".

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

SECTION 1. Section 40-11-370 (B) and (C) of the 1976 Code, as added by Act 440 of 1998, is amended to read:

"(B) It is unlawful to engage in construction under a name other than the exact name which appears on the license issued pursuant to this chapter. 'Engaging in construction' includes marketing, advertising, using site signs, and submitting contracts. This requirement does not include advertising on vehicles, which may use an abbreviated version of the license name so long as the advertising is not misleading.

(C) An entity which does not have a valid license as required by this chapter may not bring an action either at law or in equity to enforce the provisions of a contract. An entity that enters into a contract to engage in construction in a name other than the name that appears on its license may not bring an action either at law or in equity to enforce the provisions of the contract."

SECTION 2. Section 40-11-410(4)(c) of the 1976 Code, as added by Act 440 of 1998, is amended to read:

"(c) 'Interior Renovation' which includes installing, remodeling, renovations, and finishes of acoustical ceiling systems and panels, load-bearing and nonload-bearing drywall partitions, lathing and plastering, flooring (excluding carpet) and finishing, interior recreational surfaces, window and door installation, and installation of fixtures, cabinets, and millwork; and which also includes fireproofing, glass, glazing, insulation, lining, painting, partitions, sandblasting, interior wall covering, and waterproofing. This subclassification does not include alterations to load-bearing portions of a structure."

SECTION 3.A. Section 40-11-410(4) of the 1976 Code, as last amended by Act 91 of 1999 is amended by adding an appropriately lettered subitem at the end to read:

"( ) 'Glass and Glazing' which includes, but is not limited to, commercial, residential, industrial, institutional, modular, and all other types of glass and glazing construction. The construction is limited to selection, cutting, assembling, and installing all makes and kinds of glass for windows, sash and doors, metal frames, ornamental decorations, mirrors, and tub and shower enclosures. This license classification includes all work under the subclassifications of renovation, structural shapes, and architectural aluminum glazing systems which include aluminum entrance doors and frame systems, entrance and egress hardware, curtain wall systems, sliding doors/mall fronts, overhead glazing systems, and architectural window systems and accessories. Contractors engaged solely in residential construction must be licensed or registered with the South Carolina Residential Builders' Commission and are not required to have this classification. The board may require an applicant to pass an examination before licensure as provided by this chapter."

B. An entity engaging in glass and glazing work in an amount of five thousand dollars or more within the last two years before the effective date of this act may be licensed by the board without examination. This provision for licensing without examination is available for a period of two years from the effective date of this act.

SECTION 4. This act takes effect upon approval by the Governor.