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Indicates Matter Stricken
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S. 526
STATUS INFORMATION
General Bill
Sponsors: Senators Thomas, Mescher, Verdin, Bryant and Malloy
Document Path: l:\council\bills\gjk\20170sd07.doc
Introduced in the Senate on March 6, 2007
Currently residing in the Senate Committee on Labor, Commerce and Industry
Summary: Contractors
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/6/2007 Senate Introduced and read first time SJ-8
3/6/2007 Senate Referred to Committee on Labor, Commerce and Industry
SJ-8
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 40-11-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PRACTICES AND PENALTIES IN REGARD TO CONTRACTORS, SO AS TO MAKE IT UNLAWFUL TO FALSELY AND DECEITFULLY OBTAIN MONEY OR OTHER THINGS OF VALUE FROM ANOTHER PERSON WITH INTENT TO DEFRAUD THAT PERSON WHEN OFFERING TO PERFORM SERVICES AS A CONTRACTOR AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 40-11-370, AS AMENDED, RELATING TO THE UNLAWFUL USE OF THE TERM "LICENSED CONTRACTOR", SO AS TO LIMIT THE AMOUNT OF THE CONTRACT PRICE A LICENSED CONTRACTOR MAY RECEIVE BEFORE CONSTRUCTION BEGINS AND TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-11-200 of the 1976 Code is amended to read:
"Section 40-11-200. (A) A person who practices or offers to practice in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license, or violates the provisions of this chapter or regulations promulgated pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars, or both.
(B) It is a violation of this chapter for an awarding authority, owner, contractor, or an agent of an authority, owner, or contractor to consider a bid, sign a contract, or allow a contractor to begin work unless the bidder or contractor has first obtained the licenses required by this chapter. Bids or contracts submitted by contractors may not be reconsidered or resubmitted to an awarding authority, contractor, or owner if the contractor was not properly licensed at the time the initial bid or contract was submitted.
(C) Charges under this section may be preferred by the board by delivering evidence of a violation to a solicitor or a magistrate having jurisdiction.
(D) Upon conviction under this section, the fines and assessments imposed by a court must be administered pursuant to Sections 14-1-205, 14-1-206, 14-1-207, 14-1-208, and 14-1-209.
(E) Upon an individual initiating a complaint for violation of subsection (F), law enforcement officials shall investigate the allegations, and the individual committing the violation must be prosecuted in accordance with subsection (F).
(F) A person who falsely and deceitfully obtains any money, goods or property, real or personal, or other things of value from another person with intent to cheat or defraud a person of that property when offering to perform or performing as a contractor as provided in this chapter is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than ten years, or both, if the value of the property is five thousand dollars or more, and the individual also must be required to make restitution to the defrauded party;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the property is more than one thousand dollars but less than five thousand dollars, and the individual also must be required to make restitution to the defrauded party; or
(3) misdemeanor triable in magistrate's court if the value of the property is one thousand dollars or less. Upon conviction, the person must be fined in the discretion of the court, or imprisoned not more than sixty days, or both, and the individual also must be required to make restitution to the defrauded party.
(G) Failure to pay all of the restitution shall cancel any reduction in the length of imprisonment and fine."
SECTION 2. Section 40-11-370 of the 1976 Code, as last amended by Act 32 of 2001, is further amended by adding:
"(D) An individual or entity licensed or registered in accordance with the provisions of this chapter may not request or receive more than three and one-half percent of the total contract price before construction begins except that the owner may contract to pay additional monies upon evidence of a valid receipt from the material or labor supplier detailing the cost of materials delivered or labor used on the construction project. This restriction shall not apply to general or mechanical contractor monetary limitations for specified groups as defined by regulation of the Department of Labor, Licensing and Regulation."
SECTION 2. This act takes effect upon approval by the Governor.
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