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Current Status Bill Number:View additional legislative information at the LPITS web site.1176 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20020402 Primary Sponsor:Thomas All Sponsors:Thomas Drafted Document Number:l:\council\bills\nbd\11491sd02.doc Residing Body:Senate Current Committee:Labor, Commerce and Industry Committee 12 SLCI Subject:Residential builder or specialty contractor without required licenses or bonds; provisions when builder or contractor accepts money from property owner for contracting job; legal inferences that may be drawn for misuse of monies History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020402 Introduced, read first time, 12 SLCI referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-135 SO AS TO PROVIDE THAT A RESIDENTIAL BUILDER OR RESIDENTIAL SPECIALTY CONTRACTOR WHO UNDERTAKES OR ATTEMPTS TO UNDERTAKE THE BUSINESS OF RESIDENTIAL BUILDING OR RESIDENTIAL SPECIALTY CONTRACTING WITHOUT FIRST HAVING PROCURED CERTAIN REQUIRED LICENSES OR BONDS IS DEEMED TO HAVE A FIDUCIARY RELATIONSHIP WITH A PROPERTY OWNER FROM WHOM THE RESIDENTIAL BUILDER OR RESIDENTIAL SPECIALTY CONTRACTOR ACCEPTS MONEY OR OTHER CONSIDERATION FOR THE PURPOSE OF DOING A RESIDENTIAL BUILDING OR RESIDENTIAL SPECIALTY CONTRACTING JOB, AND TO PROVIDE FOR LEGAL INFERENCES THAT MAY BE DRAWN FOR THE MISUSE OR LACK OF ACCOUNTING FOR THESE MONIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-59-135. In addition to the provisions of Section 40-59-130, a residential builder or residential specialty contractor who undertakes, attempts to undertake or offers to undertake the business of residential building or residential specialty contracting without first having procured a valid license as required by this chapter, without first having registered with the commission as required in Section 40-59-50, or without first having bonded as required by Sections 40-59-75 and 40-59-80 respectively, is deemed to have a fiduciary relationship with a property owner or homeowner from whom the residential builder or residential specialty contractor accepts money or other consideration for the purpose of doing a residential building or residential specialty contracting job. If a residential builder or residential specialty contractor deemed a fiduciary pursuant to this section uses the money or other consideration for any purpose other than the residential building or residential specialty contracting job, or fails to account to the homeowner or property owner for the use of the money or other consideration on demand within six months of acceptance thereof, it may be inferred that this misuse of money or other consideration or failure to account breached the trust of this fiduciary relationship with fraudulent intent as set forth in Section 16-13-230."
SECTION 2. This act takes effect upon approval by the Governor.
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