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Indicates Matter Stricken
Indicates New Matter
S. 527
STATUS INFORMATION
General Bill
Sponsors: Senators Thomas, Mescher, Verdin, Bryant and Malloy
Document Path: l:\council\bills\gjk\20171sd07.doc
Introduced in the Senate on March 6, 2007
Currently residing in the Senate Committee on Labor, Commerce and Industry
Summary: Residential builders, specialty 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 40-59-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PRACTICES AND PENALTIES IN REGARD TO RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO MAKE IT UNLAWFUL TO FALSELY AND DECEITFULLY OBTAIN MONEY OR OTHER THING OF VALUE FROM ANOTHER PERSON WITH INTENT TO DEFRAUD THAT PERSON WHEN OFFERING TO PERFORM SERVICES AS A RESIDENTIAL BUILDER OR A RESIDENTIAL SPECIALTY CONTRACTOR AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 40-59-220, AS AMENDED, RELATING TO RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO LIMIT THE AMOUNT OF THE CONTRACT PRICE A LICENSED RESIDENTIAL BUILDER OR RESIDENTIAL SPECIALTY CONTRACTOR MAY RECEIVE BEFORE CONSTRUCTION BEGINS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-59-200 of the 1976 Code, as last amended by Act 359 of 2002, is further amended to read:
"Section 40-59-200. (A) A person who knowingly violates the provisions of this article or regulations promulgated pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both.
(B) Upon an individual initiating a complaint for violation of subsection (C), law enforcement officials shall investigate the allegations, and the individual committing the violation must be prosecuted in accordance with subsection (C).
(C) 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 residential builder or residential specialty 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 for 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 for not more than sixty days, or both, and the individual also must be required to make restitution to the defrauded party.
(D) Failure to pay all of the restitution shall cancel any reduction in the length of imprisonment and fine."
SECTION 2. Section 40-59-220 of the 1976 Code, as last amended by Act 289 of 2004, is further amended by adding:
"(G) An individual or entity licensed or registered in accordance with 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."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 1:28 P.M.