SC H4086 | 2023-2024 | 125th General Assembly

Status

Spectrum: Partisan Bill (Republican 4-0)
Status: Engrossed on May 5 2023 - 50% progression, died in chamber
Action: 2024-05-02 - Committee report: Favorable with amendment Labor, Commerce and Industry
Text: Latest bill text (Comm Sub) [HTML]

Summary

Amend The South Carolina Code Of Laws By Adding Section 40-59-35 So As To Provide That The Work Of Certain Licensees Of The Residential Builders Commission That Complies With Applicable Regulations Of The Commission Must Be Deemed To Satisfy Certain Implied Warranties; By Adding Section 40-59-40 So As To Provide Implied Warranties Include Only Those Performance Standards Violations Identified By A Homeowner Within Twelve Months After Substantial Completion; By Amending Section 40-59-10, Relating To Composition Of The Commission, So As To Revise Its Composition; By Amending Section 40-59-20, Relating To Definitions Applicable To The Commission And Its Licensees, So As To Revise Various Definitions, Including The Renaming Of Specialty Contractors As Residential Trade Contractors; By Amending Section 40-59-25, Relating To Roofing Contract Cancellations For Insurance Coverage Denials, So As To Expand The Applicability Of These Provisions; By Amending Section 40-59-30, Relating To The Requirement Of Licensure To Engage In Residential Building And Residential Specialty Contracting, So As To Make Conforming Changes And Provide Penalties For Violations; By Amending Section 40-59-50, Relating To The Roster Of Licensees Of The Commission, So As To Make Conforming Changes; By Amending Section 40-59-80, Relating To Investigations Of Complaints, So As To Provide Licensees Or Registrants May Be Present For Inspections Conducted Pursuant To An Investigation, And To Provide Underlying Complaints That Prompt An Investigation Must Be Dismissed If The Complainant Unjustifiably Refuses To Cooperate With This Requirement; By Amending Section 40-59-105, Relating To Administrative Citations And Penalties, So As To Revise The Bases For Which Referrals Of Violations To The Commission Are Made; By Amending Section 40-59-110, Relating To Revocation, Suspension, Or Restriction Of A License, So As To Make Conforming Changes; By Amending Section 40-59-140, Relating To Denials Of Licensure Or Registration Based On The Past Criminal Record Of The Applicant, So As To Make The Denials Discretionary With The Commission And To Provide That All New Applicants Shall Provide Certain Criminal Background Reports; By Amending Section 40-59-220, Relating To Licenses And Certificates Of Registration, So As To Make Conforming Changes, To Revise Criteria For Licensure, And To Revise Requirements For Homeowner Claims For Loss, Among Other Things; By Amending Section 40-59-230, Relating To Licensure Renewals And Continuing Education Requirements, So As To Make The Examination Requirement For Certain Inactive Licensees Discretionary With The Commission, To Provide The Continuing Education Programs Must Be Administered By The Home Builders Association Of South Carolina, And To Provide A Tiered System For Residential Builder Licenses; By Amending Section 40-59-240, Relating To The Classifications Of Residential Specialty Contractors, So As To Make Conforming Changes, To Remove The Limitation On The Number Of Classifications For Which The Commission May Issue Registrations, And To Increase The Threshold Costs Of An Undertaking That Requires An Executed Bond With A Surety In An Amount Approved By The Commission; By Amending Section 40-59-250, Relating To Credit Reports Required For Licensure, So As To Make Conforming Changes, And To Make Proof Of Net Worth An Available Alternative To A Credit Report; By Amending Section 40-59-260, Relating To Exceptions For Projects By The Property Owner For Personal Use, Exemption Disclosure Statements, And Certain Notices Filed With The Register Of Deeds, So As To Make Conforming Changes; By Amending Section 40-59-270, Relating To The Applicability Of Chapter 49, Title 40, To Licensees Of The Contractor's Licensing Board, So As To Make Conforming Changes; By Amending Section 40-59-300, Relating To Construction Of Low-income Housing Using Volunteer Labor By Certain Eleemosynary Organizations, So As To Make Conforming Changes; By Amending Section 40-59-400, Relating To Definitions Concerning Certificates Of Authorization, So As To Make Conforming Changes; By Amending Section 40-59-410, Relating To Residential Business Certificates Of Authorization, So As To Make Conforming Changes, Among Other Things; By Amending Section 40-59-530, Relating To Exceptions From Provisions Concerning The Licensure Of Home Inspectors, So As To Make Conforming Changes, Among Other Things; By Amending Section 40-59-580, Relating To Remedies Available To The Commission For Violations Of Provisions Concerning The Licensure Of Home Inspectors, So As To Remove Civil Penalties From The Available Remedies; By Amending Section 40-59-600, Relating To Criminal Penalties For Persons Undertaking The Business Of Home Inspection Without Licensure Or Exemption, So As To Remove Tiered Penalties; By Amending Section 40-59-820, Relating To Definitions In The Notice And Opportunity To Cure The Construction Dwelling Defects Act, So As To Revise Various Definitions; By Amending Section 40-59-830, Relating To Stays Of Actions Brought Under The Notice And Opportunity To Cure The Construction Dwelling Defects Act Until The Claimant Complies With The Provisions Of The Act, So As To Provide The Claimant's Unjustified Failure To Comply With The Requirements Of The Act Under Circumstances That Make Compliance With The Certain Provisions Of Chapter 59, Title 40, Impossible Shall Require The Court To Dismiss The Action With Prejudice; And By Repealing Section 40-59-560 Relating To Inspection Reports And Forms.

Tracking Information

Register now for our free OneVote public service or GAITS Pro trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.

Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search.

Title

Residential builders

Sponsors


Roll Calls

2023-05-04 - House - House: Passage Of Bill (Y: 101 N: 0 NV: 20 Abs: 3) [PASS]
2023-05-04 - House - House: Table Motion To Waive Rule 5.15 Printing (Y: 13 N: 89 NV: 19 Abs: 3) [FAIL]

History

DateChamberAction
2024-05-02SenateCommittee report: Favorable with amendment Labor, Commerce and Industry
2023-05-09SenateReferred to Committee on Labor, Commerce and Industry
2023-05-09SenateIntroduced and read first time
2023-05-08 Scrivener's error corrected
2023-05-05HouseRead third time and sent to Senate
2023-05-04HouseUnanimous consent for third reading on next legislative day
2023-05-04HouseRoll call Yeas-101 Nays-0
2023-05-04HouseRead second time
2023-05-04HouseAmended
2023-05-03HouseCommittee report: Favorable with amendment Labor, Commerce and Industry
2023-04-05HouseRecommitted to Committee on Labor, Commerce and Industry
2023-04-05HouseMember(s) request name added as sponsor: M.M.Smith
2023-03-30HouseCommittee report: Favorable with amendment Labor, Commerce and Industry
2023-03-29HouseMember(s) request name added as sponsor: Chapman
2023-03-08HouseMember(s) request name added as sponsor: Nutt
2023-03-07HouseReferred to Committee on Labor, Commerce and Industry
2023-03-07HouseIntroduced and read first time

Code Citations

ChapterArticleSectionCitation TypeStatute Text
405910(n/a)See Bill Text
4059105(n/a)See Bill Text
4059110(n/a)See Bill Text
4059140(n/a)See Bill Text
405920(n/a)See Bill Text
4059220(n/a)See Bill Text
4059230(n/a)See Bill Text
4059240(n/a)See Bill Text
405925(n/a)See Bill Text
4059250(n/a)See Bill Text
4059260(n/a)See Bill Text
4059270(n/a)See Bill Text
405930(n/a)See Bill Text
4059300(n/a)See Bill Text
405935(n/a)See Bill Text
405940(n/a)See Bill Text
4059400(n/a)See Bill Text
4059410(n/a)See Bill Text
405950(n/a)See Bill Text
4059530(n/a)See Bill Text
4059560(n/a)See Bill Text
4059580(n/a)See Bill Text
4059600(n/a)See Bill Text
405980(n/a)See Bill Text
4059820(n/a)See Bill Text
4059830(n/a)See Bill Text

South Carolina State Sources

TypeSource
Summaryhttps://www.scstatehouse.gov/billsearch.php?billnumbers=4086&session=125&summary=B
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4086_20230504.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4086_20230504A.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4086_20230307.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4086_20230330.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4086_20230508.htm
Texthttps://www.scstatehouse.gov/sess125_2023-2024/prever/4086_20240502.htm
Supplementhttps://www.scstatehouse.gov/sess125_2023-2024/fiscalimpactstatements/H4086%202023-03-07%20introduced.pdf
Roll Callhttps://www.scstatehouse.gov/votehistory.php?KEY=23033
Roll Callhttps://www.scstatehouse.gov/votehistory.php?KEY=23035

Bill Comments

feedback