H 3354 General Bill, By Chalk, Brantley, G.A. Brown, Clyburn, Erickson, 
Herbkersman and Sottile
 A BILL TO AMEND SECTION 40-11-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO EXEMPTIONS FROM STATUTES APPLICABLE TO LICENSED CONTRACTORS,
 SO AS TO PROVIDE AN OWNER OF RESIDENTIAL PROPERTY WHO MAKES CERTAIN
 IMPROVEMENTS TO THE PROPERTY OWES TO A SUBSEQUENT OWNER OF THE PROPERTY THE
 SAME DUTY AS A LICENSED CONTRACTOR TO COMPLY WITH APPLICABLE BUILDING CODES
 AND STANDARDS.

   01/27/09  House  Introduced and read first time HJ-19
   01/27/09  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-19
   03/04/10  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-1
   03/09/10  House  Debate adjourned until Wednesday, March 10, 2010 HJ-11
   03/10/10  House  Debate adjourned HJ-16
   03/11/10  House  Requests for debate-Rep(s). Hamilton, Norman, GR
                     Smith, Bedingfield, Stringer, Wylie, JR Smith,
                     TR Young, Millwood, Allison, Loftis, Hosey,
                     Bales, McEachern, Crawford, GM Smith, Daning,
                     Sandifer, Toole, and Gambrell HJ-11
   03/23/10  House  Debate adjourned until Wednesday, March 24, 2010 HJ-63
   03/25/10  House  Amended HJ-52
   03/25/10  House  Read second time HJ-52
   03/25/10  House  Roll call Yeas-84  Nays-22 HJ-53
   04/21/10  House  Read third time and sent to Senate HJ-26
   04/21/10  Senate Introduced and read first time SJ-4
   04/21/10  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-4

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 25, 2010

H. 3354

Introduced by Reps. Chalk, Brantley, G.A. Brown, Clyburn, Erickson, Herbkersman and Sottile

S. Printed 3/25/10--H.

Read the first time January 27, 2009.

TO AMEND SECTION 40-11-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATUTES APPLICABLE TO LICENSED CONTRACTORS, SO AS TO PROVIDE AN OWNER OF RESIDENTIAL PROPERTY WHO MAKES CERTAIN IMPROVEMENTS TO THE PROPERTY OWES TO A SUBSEQUENT OWNER OF THE PROPERTY THE SAME DUTY AS A LICENSED CONTRACTOR TO COMPLY WITH APPLICABLE BUILDING CODES AND STANDARDS.

Amend Title To Conform

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

SECTION    1.    Section 40-11-360(A)(5) of the 1976 Code is amended to read:

"(5)(a)    An owner of residential property who improves the property or who builds or improves structures or appurtenances on the property if he does the work himself, with his own employees, or with licensed contractors; provided that the structure, group of structures, or appurtenances, including the improvements, are intended for the owner's sole occupancy or occupancy by the owner's family and are not intended for sale or rent, and provided further, that the general public does not have access to this structure.

(b)    In an action brought under this chapter, proof of the sale or rent or the offering for sale or rent of the structure by the owner-builder within two years after completion or issuance of a certificate of occupancy is prima facie evidence that the project was undertaken for the purpose of sale or rent and is subject to the penalties provided in this chapter.

(c)    As used in this item, 'sale' or 'rent' includes an arrangement by which an owner receives compensation in money, provisions, chattel, or labor from the occupancy, or the transfer of the property or the structures a structure on the property.

(d)    To qualify for the exemption under this section, a owner must comply with all applicable laws, ordinances, building codes, and zoning regulations including, but not limited to, Section 40-59-260."

SECTION    2.    This act takes effect upon approval by the Governor.