South Carolina General Assembly
113th Session, 1999-2000

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Bill 3798


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3798
Ratification Number:              164
Act Number:                       91
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990330
Primary Sponsor:                  Bailey
All Sponsors:                     Bailey, Barfield, Allen, Allison, Altman, 
                                  Askins, Bales, Battle, Beck, Breeland, 
                                  G. Brown, H. Brown, J. Brown, T. Brown, 
                                  Campsen, Canty, Carnell, Cato, Clyburn, 
                                  Cobb-Hunter, Cotty, Dantzler, Davenport, 
                                  Delleney, Edge, Emory, Gamble, Gourdine, 
                                  Gilham, Hamilton, Harris, Harrell, Harrison, 
                                  Harvin, Haskins, Hawkins, Hayes, J. Hines, 
                                  Hinson, Howard, Inabinett, Jennings, Keegan, 
                                  Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, 
                                  Lanford, Law, Leach, Lee, Limehouse, 
                                  Littlejohn, Lloyd, Loftis, Lourie, Lucas, 
                                  Mack, Maddox, Martin, Mason, McCraw, McGee, 
                                  M. McLeod, W. McLeod, McMahand, 
                                  Meacham-Richardson, Miller, Moody-Lawrence, 
                                  J.H. Neal, Neilson, Ott, Parks, Phillips, 
                                  Pinckney, Rhoad, Rice, Riser, Robinson, 
                                  Rodgers, Rutherford, Sandifer, Scott, Sharpe, 
                                  Sheheen, Simrill, J. Smith, F. Smith, 
                                  R. Smith, Stille, Taylor, Townsend, Tripp, 
                                  Trotter, Vaughn, Walker, Webb, Whatley, 
                                  Whipper, Wilder, Wilkins, Witherspoon, Woodrum 
                                  and Young-Brickell
Drafted Document Number:          l:\council\bills\psd\7330ac99.doc
Date Bill Passed both Bodies:     19990601
Date of Last Amendment:           19990527
Governor's Action:                S
Date of Governor's Action:        19990611
Subject:                          Contractors, general or mechanical; 
                                  financial statement requirements for licenses; 
                                  Construction, Residential specialty


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990702  Act No. A91
------  19990611  Signed by Governor
------  19990609  Ratified R164
Senate  19990601  Concurred in House amendment, 
                  enrolled for ratification
House   19990527  Senate amendments amended,
                  returned to Senate with amendment
Senate  19990525  Read third time, returned with
                  amendment
Senate  19990520  Amended, read second time, 
                  ordered to third reading 
                  with notice of general amendments
Senate  19990520  Committee amendment adopted
Senate  19990519  Committee report: Favorable with       12 SLCI
                  amendment
Senate  19990422  Introduced, read first time,           12 SLCI
                  referred to Committee
House   19990421  Read third time, sent to Senate
House   19990420  Amended, read second time
House   19990414  Committee report: Favorable with       26 HLCI
                  amendment
House   19990330  Introduced, read first time,           26 HLCI
                  referred to Committee


                             Versions of This Bill
Revised on April 14, 1999 - Word format
Revised on April 20, 1999 - Word format
Revised on May 19, 1999 - Word format
Revised on May 20, 1999 - Word format
Revised on May 27, 1999 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A91, R164, H3798)

AN ACT TO AMEND SECTION 40-11-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENT REQUIREMENTS FOR GENERAL AND MECHANICAL CONTRACTORS' LICENSURE AND RENEWAL, SO AS TO PROVIDE THAT ON RENEWAL A GENERAL CONTRACTOR BIDDING AND PERFORMING ON JOBS NOT EXCEEDING A SPECIFIED AMOUNT MAY SUBMIT AN OWNER-PREPARED FINANCIAL STATEMENT WITH AN AFFIDAVIT OF ACCURACY INDICATING A CERTAIN REQUIRED NET WORTH, RATHER THAN REQUIRING A CERTIFIED PUBLIC ACCOUNTANT TO PREPARE THE FINANCIAL STATEMENT; AND TO AMEND SECTION 40-11-360 RELATING TO EXEMPTIONS FROM CONTRACTOR'S LICENSURE CHAPTER, SO AS TO MAKE THE EXEMPTION FOR CERTAIN CATEGORIES OF PUBLIC OWNERS SUBJECT TO THE CONSUMER PRICE INDEX INFLATION FACTOR; AND ALSO TO EXEMPT DEPARTMENT OF CORRECTIONS' PROJECTS AND MAINTENANCE AND RENOVATION PROVIDED BY THE PUBLIC SERVICE AUTHORITY TO EXISTING FACILITIES; TO AMEND SECTION 40-59-77, AS AMENDED, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO PROHIBIT A COUNTY OR MUNICIPALITY FROM ADOPTING REQUIREMENTS REQUIRING A RESIDENTIAL SPECIALTY CONTRACTOR TO ABIDE BY COMMERCIAL CONSTRUCTION LICENSING REQUIREMENTS UNLESS THE CONTRACTOR IS ENGAGED IN COMMERCIAL CONSTRUCTION; TO AMEND SECTION 40-11-60, AS AMENDED, RELATING TO THE AUTHORITY OF THE CONTRACTOR'S LICENSING BOARD TO PROMULGATE REGULATIONS, SO AS TO REQUIRE THE PROMULGATION OF REGULATIONS PERTAINING TO FILING OWNER-PREPARED FINANCIAL STATEMENTS FOR LICENSE RENEWAL PURPOSES.

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

Financial statements; net worth requirements

SECTION 1. Section 40-11-260(A)(3)(b) and (c) of the 1976 Code, as last amended by Act 440 of 1998, is further amended to read:

"(b) on initial application, a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with Generally Accepted Accounting Principles (GAAP), including all disclosures required by GAAP indicating a required net worth of seventy thousand dollars;

(c) on renewal, an owner-prepared financial statement with an affidavit of accuracy indicating a required net worth of seventy thousand dollars, or a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of seventy thousand dollars;"

Financial statements; net worth requirements

SECTION 2. Section 40-11-260(A)(4)(b) and (c) of the 1976 Code, as last amended by Act 440 of 1998, are further amended to read:

"(b) on initial application, a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP indicating a required net worth of one hundred fifty thousand dollars;

(c) on renewal, an owner-prepared financial statement with an affidavit of accuracy indicating a required net worth of one hundred fifty thousand dollars, or a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of one hundred fifty thousand dollars;"

Financial statements; net worth requirements

SECTION 3. Section 40-11-260(B)(3) of the 1976 Code, as last amended by Act 440 of 1998, is further amended to read:

"(3) Group Three

(a) bids and jobs not to exceed $50,000.00 per job;

(b) on initial application, a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with Generally Accepted Accounting Principles (GAAP), including all disclosures required by GAAP indicating a net worth of ten thousand dollars;

(c) on renewal, an owner-prepared financial statement with an affidavit of accuracy indicating a required net worth of ten thousand dollars, or a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of ten thousand dollars;"

Financial statements; net worth requirements

SECTION 4. Section 40-11-260(B)(4) of the 1976 Code, as last amended by Act 440 of 1998, is further amended to read:

"(4) Group Four

(a) bids and jobs not to exceed $125,000.00 per job;

(b) on initial application, a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP indicating a net worth of twenty-five thousand dollars;

(c) on renewal, an owner-prepared financial statement with an affidavit of accuracy indicating a required net worth of twenty-five thousand dollars, or a financial statement compiled by a licensed certified public accountant or a licensed public accountant in accordance with GAAP, including all disclosures required by GAAP, and indicating a required net worth of twenty-five thousand dollars;"

Exemption from chapter

SECTION 5. Section 40-11-360(A)(8) of the 1976 Code, as added by Act 440 of 1998, is amended to read:

"(8) Public owners performing all or a portion of any work on a project themselves as long as the work performed falls within the limitations of a License Group 3 General Contractor or a License Group 4 Mechanical Contractor, as adjusted by an inflation factor reflecting the Department of Labor's Consumer Price Index."

Exemptions from chapter

SECTION 6. Section 40-11-360(A) of the 1976 Code, as added by Act 440 of 1998, is amended by adding:

"(9) Renovations and maintenance projects of the South Carolina Department of Corrections whereby all labor is supplied from that department's own labor forces.

(10) The South Carolina Public Service Authority when performing maintenance and renovations to existing facilities and when performing work in accordance with Section 40-11-410(4)(n)."

General contractors - specialty subclassification

SECTION 7. Section 40-11-410(4) of the 1976 Code, as added by Act 440 of 1998, is further amended by adding at the end:

"(o) 'Boiler installation' which includes those who are qualified to install, repair, and service boilers and boiler piping including the boiler auxiliary equipment, controls, and actuated machinery and dryer rolls. To qualify for this subclassification, a person must pass a technical examination administered by the board or must be the holder of the ASME 'R' stamp or the ASME 'PP' stamp. Anyone holding the masonry or process piping classification as of January 1, 1998, and who has been actively engaged in boiler installation work under these classifications is qualified for this subclassification and exempt from the examination requirement of this subitem."

Residential specialty contractors, county and municipal requirements

SECTION 8. Section 40-59-77 of the 1976 Code, as last amended by Act 72 of 1993, is further amended to read:

"Section 40-59-77. (A) The commission shall, by regulation, classify residential specialty contractors in a manner consistent with established usage and procedure in the construction business, and may limit the field and scope of the operations of a residential specialty contractor to those in which he is to be registered. All residential specialty contractor registrations issued by the commission must be for one or more of the classifications adopted pursuant to this chapter.

(B) Residential specialty contractors must be qualified and experienced in the particular branches or fields of the contracting vocation in which they intend to, and do, engage.

Residential specialty contractors are not exempt from complying with county and municipal business license ordinances or other regulatory ordinances. Any county or municipality may require a residential specialty contractor to be examined and licensed in accordance with standards adopted by the county or municipality. However, a county or municipality may not adopt requirements that would require that a residential specialty contractor abide by commercial construction licensing requirements unless he is engaged in commercial construction."

Regulations

SECTION 9. Section 40-11-60 of the 1976 Code, as amended by Act 440 of 1998, is further amended to read:

"Section 40-11-60. The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. Regulations must be promulgated to establish the form an owner must use to submit an owner-prepared financial statement as provided in Section 40-11-260(A)(3)(c), (A)(4)(c), (B)(3)(c), and (B)(4)(c). The department must furnish the form to the licensees."

Time effective

SECTION 10. This act takes effect upon approval by the Governor.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.

__________


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