South Carolina General Assembly
112th Session, 1997-1998

Bill 536


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       536
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970313
Primary Sponsor:                   Gregory 
All Sponsors:                      Gregory 
Drafted Document Number:           bbm\9240jm.97
Companion Bill Number:             3392
Residing Body:                     Senate
Current Committee:                 Banking and Insurance Committee
                                   02 SBI
Subject:                           Mechanic's lien, subcontractor
                                   or material supplier, may reclaim
                                   when; Property, Construction,
                                   Businesses



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970313  Introduced, read first time,             02 SBI
                  referred to Committee

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-6-35 SO AS TO PERMIT A SUBCONTRACTOR OR MATERIAL SUPPLIER TO RECLAIM CERTAIN MATERIALS EVEN IF A MECHANIC'S LIEN OR ANY OTHER LIEN HAS BEEN FILED WITH RESPECT TO THE REAL PROPERTY, AND PROVIDE THAT ANY LAW ENFORCEMENT AGENCY OR DEPARTMENT, UPON REQUEST OF THE SUBCONTRACTOR OR MATERIAL SUPPLIER, SHALL RENDER ASSISTANCE IN THE RECOVERY OF SUCH MATERIALS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 29-6-60, RELATING TO THE INSTANCES AND CIRCUMSTANCES TO WHICH THE PROVISIONS OF CHAPTER 6, TITLE 29 THAT PERTAIN TO PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS DO NOT APPLY.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 29-6-35. Notwithstanding any other provision of law, a subcontractor or material supplier may reclaim all materials which have been supplied by him in connection with a contract to improve real property and for which he has not been paid even if a mechanic's lien or any other lien has been filed with respect to the real property, and any law enforcement agency or department, upon request of the subcontractor or material supplier, shall render assistance to the subcontractor or material supplier in recovering such materials upon satisfactory evidence by the subcontractor or material supplier that he has not been paid for the materials so supplied.

For the purposes of this section, 'materials' means all goods, equipment, supplies, or items furnished to improve the real property which are not incorporated into the structure, or structural part of the structure, or which can be easily removed without causing any damage to the remaining improvements."

SECTION 2. Section 29-6-60 of the 1976 Code is repealed.

SECTION 3. This act takes effect upon approval by the Governor.

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