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  1. #1
    Join Date
    Nov 2008
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    1,673

    penalty for being unlicensed

    What is the worst thing that ever happened to an unlicensed HVAC contractor, assuming a license was required in his state?

  2. #2
    Join Date
    Mar 2005
    Location
    Houston, Texas
    Posts
    11,847
    I would imagine jail time could be a possibility. Most I've ever known to happen to anyone, is a stiff fine, and not ever being eligible for a license in the future.

  3. #3
    Join Date
    Apr 2004
    Location
    Muskegon, Mi.
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    425
    I think the death sentence would be appropriate for such an infraction.

  4. #4
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    Nov 2008
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    Quote Originally Posted by the dangling wrangler View Post
    I would imagine jail time could be a possibility. Most I've ever known to happen to anyone, is a stiff fine, and not ever being eligible for a license in the future.
    I can live with that. I think the jail time is a bluff, but I'm checking on that.

    There are services in my area that are required to be licensed, I know they are not, and they are in plain sight and making huge sums.
    This home improvement license is costing me a pretty penny and I am not living large on this source of income.

  5. #5
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    Mar 2005
    Location
    Houston, Texas
    Posts
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    Quote Originally Posted by WhoIsThat? View Post
    I can live with that. I think the jail time is a bluff, but I'm checking on that.

    There are services in my area that are required to be licensed, I know they are not, and they are in plain sight and making huge sums.
    This home improvement license is costing me a pretty penny and I am not living large on this source of income.
    I used to get upset about stuff like that too. Not any more. It took too much out of me. There's more of them, than there are of you.

    Good Luck though.

  6. #6
    Join Date
    May 2009
    Location
    Planet Earth
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    675
    Quote Originally Posted by woodsman View Post
    I think the death sentence would be appropriate for such an infraction.
    Don't be ridiculous...amputation of the hands is severe enough.

    If he's unlicensed and has a waiver signed by the homeowner to install it under substandard conditions; then the death sentence.
    “Your biggest risk is not taking one..."

  7. #7
    Join Date
    Jun 2001
    Location
    Louisville, KY
    Posts
    12,132
    Kentucky has convicted several of statute violations. No jail time, but plenty of fines levied.
    Perhaps you should have read the instructions before calling.

  8. #8
    Join Date
    Nov 2008
    Location
    S.C.
    Posts
    931
    Our gov. Sanford don't seem to mind. He seems to want to leave the door open.




    R. 342, H. 4595--ORDERED PRINTED IN THE JOURNAL
    The SPEAKER ordered the following veto printed in the Journal:

    May 31, 2006
    The Honorable Robert W. Harrell, Jr.
    Speaker of the House of Representatives
    Post Office Box 11867
    Columbia, South Carolina 29211

    Dear Mr. Speaker and Members of the House:

    I am hereby vetoing and returning without my approval H. 4595, R-342.

    H. 4595 (Word version) would set requirements for the sale and installation of residential heating and air conditioning systems, and would allow the Department of Labor, Licensing and Registration to set civil penalties for violating regulations.

    There are many licensed contractors in South Carolina who do a great job in providing heating and air services for people in our state. They are to be commended. Unfortunately, as just mentioned, this bill goes well beyond simple licensing requirements. It is for this reason that I am vetoing this Bill.

    I don't believe it is government's role to tell a willing buyer and seller that a transaction is illegal when the consequence of that transaction does not entail material harm to the public at large. If the buyer knows that the installer is not licensed and proceeds anyway, it is the buyer's right to do so. This Bill will eliminate competition, and drive the cost of selling and installing heating and air conditioning systems higher. For example, one legislator happens to have a close family member who graduated from a technical college and has a great deal of knowledge in the area of heating and cooling, but happens not to be licensed. This Bill would make it illegal for this legislator to purchase the services of his own son, even though he is fully cognizant of the fact that his son isn't licensed. Leaving aside the above example, I think that is misguided for anyone not to be able to use their handyman of choice, including those that might be a cousin or relative.

    A law saying that a potential buyer must be informed as to whether an installer is licensed, and/or one that makes the fraudulent claim of being licensed may be sufficiently narrow to protect the public interest without severely restricting the right to contract. But this Bill injects the State too firmly into the market. The quality of work of the licensed installers should speak for itself, without the need for the state government to create a captive market.

    Therefore, I am returning H. 4595 without my signature.

    Sincerely,
    Mark Sanford
    Governor
    Received as information.


    R. 342, H. 4595--GOVERNOR'S VETO SUSTAINED
    The Veto on the following Act was taken up:

    (R342) H. 4595 (Word version) -- 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: 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.

    Rep. CATO explained the Veto.

    The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:


    Yeas 26; Nays 77
    Those who voted in the affirmative are:


    Bales Ballentine Battle
    Bingham Cato Cobb-Hunter
    Emory Funderburk Haley
    Hardwick Hayes J. Hines
    M. Hines Huggins Littlejohn
    Mack Mahaffey McCraw
    McLeod Perry M. A. Pitts
    Rivers Sandifer Scarborough
    Thompson Walker

    Total--26
    Those who voted in the negative are:


    Agnew Anthony Bailey
    Bannister Barfield Bowers
    Brady Breeland G. Brown
    J. Brown R. Brown Chalk
    Chellis Clark Clemmons
    Clyburn Cotty Dantzler
    Davenport Delleney Duncan
    Edge Frye Hagood
    Hamilton Harrell Harrison
    Harvin Haskins Herbkersman
    Hinson Hiott Hodges
    Hosey Howard Jefferson
    Kirsh Leach Limehouse
    Loftis Lucas Martin
    McGee Merrill Miller
    Mitchell Moody-Lawrence Neilson
    Norman Ott Owens
    Parks Pinson E. H. Pitts
    Rhoad Rice Scott
    Simrill Skelton D. C. Smith
    G. M. Smith G. R. Smith J. R. Smith
    Stewart Talley Taylor
    Toole Townsend Tripp
    Umphlett Vaughn Vick
    Viers Weeks White
    Witherspoon Young

    Total--77
    So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.


    RECORD FOR VOTING
    My intent was to override the Governor's veto on H. 4595.

    Rep. Joan Brady



    Any comments?
    It's refreshing to pull your head out of the box when servicing a system.

  9. #9
    Join Date
    Aug 2003
    Location
    Lincoln, Nebraska
    Posts
    1,051
    "handyman of their choice" Now were handymen. Incrediable!!!!!!!
    Its a good Life!

  10. #10
    Join Date
    Jan 2008
    Location
    Outside The Motor City
    Posts
    666
    Quote Originally Posted by absoair View Post
    Our gov. Sanford don't seem to mind. He seems to want to leave the door open.




    R. 342, H. 4595--ORDERED PRINTED IN THE JOURNAL
    The SPEAKER ordered the following veto printed in the Journal:

    May 31, 2006
    The Honorable Robert W. Harrell, Jr.
    Speaker of the House of Representatives
    Post Office Box 11867
    Columbia, South Carolina 29211

    Dear Mr. Speaker and Members of the House:

    I am hereby vetoing and returning without my approval H. 4595, R-342.

    H. 4595 (Word version) would set requirements for medical treatment and would allow the Department of Labor, Licensing and Registration to set civil penalties for violating regulations.

    There are many licensed doctors in South Carolina who do a great job in providing medical services for people in our state. They are to be commended. Unfortunately, as just mentioned, this bill goes well beyond simple licensing requirements. It is for this reason that I am vetoing this Bill.

    I don't believe it is government's role to tell a willing buyer and seller that a transaction is illegal when the consequence of that transaction does not entail material harm to the public at large. If the buyer knows that the installer is not licensed and proceeds anyway, it is the buyer's right to do so. This Bill will eliminate competition, and drive the cost medical. For example, one legislator happens to have a close family member who graduated from a technical college and has a great deal of knowledge in the area of medicine , but happens not to be licensed. This Bill would make it illegal for this legislator to purchase the services of his own son, even though he is fully cognizant of the fact that his son isn't licensed. Leaving aside the above example, I think that is misguided for anyone not to be able to use their handyman of choice, including those that might be a cousin or relative.

    A law saying that a potential buyer must be informed as to whether an installer is licensed, and/or one that makes the fraudulent claim of being licensed may be sufficiently narrow to protect the public interest without severely restricting the right to contract. But this Bill injects the State too firmly into the market. The quality of work of the licensed installers should speak for itself, without the need for the state government to create a captive market.

    Therefore, I am returning H. 4595 without my signature.

    Sincerely,
    Mark Sanford
    Governor
    Received as information.


    R. 342, H. 4595--GOVERNOR'S VETO SUSTAINED
    The Veto on the following Act was taken up:

    (R342) H. 4595 (Word version) -- 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: 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.

    Rep. CATO explained the Veto.

    The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:


    Yeas 26; Nays 77
    Those who voted in the affirmative are:


    Bales Ballentine Battle
    Bingham Cato Cobb-Hunter
    Emory Funderburk Haley
    Hardwick Hayes J. Hines
    M. Hines Huggins Littlejohn
    Mack Mahaffey McCraw
    McLeod Perry M. A. Pitts
    Rivers Sandifer Scarborough
    Thompson Walker

    Total--26
    Those who voted in the negative are:


    Agnew Anthony Bailey
    Bannister Barfield Bowers
    Brady Breeland G. Brown
    J. Brown R. Brown Chalk
    Chellis Clark Clemmons
    Clyburn Cotty Dantzler
    Davenport Delleney Duncan
    Edge Frye Hagood
    Hamilton Harrell Harrison
    Harvin Haskins Herbkersman
    Hinson Hiott Hodges
    Hosey Howard Jefferson
    Kirsh Leach Limehouse
    Loftis Lucas Martin
    McGee Merrill Miller
    Mitchell Moody-Lawrence Neilson
    Norman Ott Owens
    Parks Pinson E. H. Pitts
    Rhoad Rice Scott
    Simrill Skelton D. C. Smith
    G. M. Smith G. R. Smith J. R. Smith
    Stewart Talley Taylor
    Toole Townsend Tripp
    Umphlett Vaughn Vick
    Viers Weeks White
    Witherspoon Young

    Total--77
    So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.


    RECORD FOR VOTING
    My intent was to override the Governor's veto on H. 4595.

    Rep. Joan Brady



    Any comments?
    just did a re write on quote above change a couple of the words and it completely different , or is it??? ( I hope he is not a republican)
    NO Brains NO Headaches

  11. #11
    Join Date
    Mar 2008
    Location
    wi
    Posts
    282
    come on guys, the guys without licenses make the real techs look good. How many times have you ever gotten a call and the unit is all hacked up. You go and tell the customer whats going on and then fix it. Iv'e deal with alot of customers that had something hacked by an unlicensed contractor and now they call us. Most of those customers are the ones that never question a bid or service charge anymore, they've learn't they get what they pay for.

  12. #12
    Join Date
    Nov 2008
    Posts
    1,673
    Quote Originally Posted by wildtech View Post
    come on guys, the guys without licenses make the real techs look good. How many times have you ever gotten a call and the unit is all hacked up. You go and tell the customer whats going on and then fix it. Iv'e deal with alot of customers that had something hacked by an unlicensed contractor and now they call us. Most of those customers are the ones that never question a bid or service charge anymore, they've learn't they get what they pay for.
    The thing is, only one HO has ever asked me if I have a license. They don't know and they don't care.

  13. #13
    Join Date
    Mar 2005
    Location
    Houston, Texas
    Posts
    11,847
    Quote Originally Posted by wildtech View Post
    come on guys, the guys without licenses make the real techs look good. How many times have you ever gotten a call and the unit is all hacked up. You go and tell the customer whats going on and then fix it. Iv'e deal with alot of customers that had something hacked by an unlicensed contractor and now they call us. Most of those customers are the ones that never question a bid or service charge anymore, they've learn't they get what they pay for.
    There's a coupla states that don't require any state licensing. If I recall correctly, one of the more knowledgeable members here, is from one of those states. By no means would I call him a "Hack".

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