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
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19970313 Introduced, read first time, 02 SBI referred to CommitteeView additional legislative information at the LPITS web site.
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 Section 29-6-60 of the 1976 Code is repealed.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.