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Indicates Matter Stricken
Indicates New Matter
R342, H4595
STATUS INFORMATION
General Bill
Sponsors: Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Bales, Ballentine, Branham, Emory, Hayes, J. Hines, Littlejohn, Mahaffey, Miller, Neilson, Rivers, Sinclair, Umphlett, Vick and Bingham
Document Path: l:\council\bills\nbd\12025ac06.doc
Companion/Similar bill(s): 1128
Introduced in the House on February 2, 2006
Introduced in the Senate on March 22, 2006
Last Amended on May 18, 2006
Passed by the General Assembly on May 25, 2006
Governor's Action: May 31, 2006, Vetoed
Legislative veto action(s): Veto sustained
Summary: Residential heating and air conditioning contracting
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
2/2/2006 House Introduced and read first time HJ-4
2/2/2006 House Referred to Committee on Labor, Commerce and Industry
HJ-5
2/22/2006 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-3
2/23/2006 Scrivener's error corrected
2/28/2006 House Member(s) request name removed as sponsor: Bowers
2/28/2006 House Amended HJ-13
2/28/2006 House Requests for debate-Rep(s). Scott, JE Smith, Hosey,
Kirsh, Moody-Lawrence, Cato, Sandifer, Vaughn,
Mahaffey, Littlejohn, Huggins, Skelton, Thompson,
Hardwick, Witherspoon, Frye, Parks, Pinson, Phillips,
Chellis, and Bales HJ-15
3/1/2006 House Member(s) request name removed as sponsor: Agnew
3/1/2006 House Debate adjourned until Thursday, March 2, 2006 HJ-15
3/2/2006 House Debate adjourned until Tuesday, March 7, 2006 HJ-17
3/8/2006 House Debate adjourned until Tuesday, March 14, 2006 HJ-37
3/14/2006 House Member(s) request name added as sponsor: Bingham
3/14/2006 House Debate adjourned until Wednesday, March 15, 2006 HJ-40
3/16/2006 House Amended HJ-32
3/16/2006 House Read second time HJ-34
3/16/2006 House Roll call Yeas-73 Nays-27 HJ-34
3/21/2006 House Read third time and sent to Senate HJ-22
3/22/2006 Senate Introduced and read first time SJ-15
3/22/2006 Senate Referred to Committee on Labor, Commerce and Industry
SJ-15
5/17/2006 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-13
5/18/2006 Senate Amended SJ-74
5/18/2006 Senate Read second time SJ-74
5/23/2006 Senate Read third time and returned to House with amendments
SJ-9
5/25/2006 House Concurred in Senate amendment and enrolled HJ-40
5/25/2006 Ratified R 342
5/31/2006 Vetoed by Governor
6/1/2006 House Veto sustained Yeas-26 Nays-77 HJ-164
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/2/2006
2/22/2006
2/23/2006
2/28/2006
3/16/2006
5/17/2006
5/18/2006
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.
(R342, H4595)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT PROVIDING A POTENTIAL BUYER A CONTRACT OR PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER; TO REQUIRE THE PERSON INSTALLING THE SYSTEM TO BE LICENSED PURSUANT TO CHAPTER 59, TITLE 40; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
Whereas, the South Carolina General Assembly finds that:
The State of South Carolina has chosen to license heating and air conditioning contractors to ensure that consumers have access to qualified and trained professionals;
Work performed by unlicensed individuals has the potential to be a safety hazard to South Carolina's citizens and their property; and
Work performed by unlicensed contractors creates an unfair advantage in the market. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Requirements for the sale and installation of residential heating and air conditioning systems
SECTION 1. Article 1, Chapter 59, Title 40 of the 1976 Code is amended by adding:
"Section 40-59-35. (A) The provisions of this section apply to all persons, firms, or corporations who engage in, or attempt to engage in, the business of residential heating and air conditioning contracting, or any combination of these, and who receive compensation for providing these services. The provisions of this section do not apply to homeowners who make minor repairs or minor replacements to an already installed system. For purposes of this section, 'minor repairs or minor replacements' include the replacement of parts in an installed system that do not require any change in energy source, fuel type, or routing or sizing of venting or piping. The provisions of this section do not apply to licensed residential builders who are purchasing heating and air conditioning equipment to be installed on their construction project.
(B) No contract or proposal for sale or installation of residential heating and air conditioning equipment or systems may be presented to a buyer unless:
(1) the specifications for and design of the system have been first reviewed and approved by an employee of the retail seller who is licensed in accordance with this chapter; or
(2) the specifications for and design of the system have been first reviewed and approved by the person licensed in accordance with this chapter who must install the system, if the installer is not an employee of the retail seller.
(C) This section does not prohibit a retail seller or contractor from providing a written estimate to a potential buyer so long as no contract or proposal for contract is presented before the review and approval required by subsection (B).
(D) The person installing heating and air conditioning equipment and systems must be licensed in accordance with this chapter to perform services in this State.
(E) The contract for sale and for installation must be signed by an authorized representative of the retail seller and by the licensed contractor or his designee and must contain the contractor's name, license number, and telephone number and the license number of the person approving the system design specifications.
(F) Installation services must be performed in compliance with all applicable building codes, manufacturer's installation instructions, and permit and inspection requirements.
(G) In addition to any other penalties provided for in this chapter, a person who violates a provision of this section is subject to provisions of Section 40-59-210(B).
(H) The department may promulgate regulations establishing a civil penalty for violations of this section and may impose such penalty for violations of this section."
Time effective
SECTION 2. This act takes effect upon the approval by the Governor.
Ratified the 25th day of May, 2006.
__________________________________________
President of the Senate
___________________________________________
Speaker of the House of Representatives
Approved the ____________ day of _____________________2006.
___________________________________________
Governor
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