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Bill 1176

                    Current Status

Bill Number:                      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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