Current Status Bill Number:3243 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950112 Primary Sponsor:Davenport All Sponsors:Davenport Drafted Document Number:council\legis\bills\jic\5216jm.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Mechanic's liens
Body Date Action Description Com Leg Involved
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House 19950112 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-6-35 SO AS TO PERMIT A SUBCONTRACTOR 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, 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 (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 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, shall render assistance to the subcontractor in recovering such materials upon satisfactory evidence by the subcontractor that he has not been paid for the materials so supplied."
SECTION 2. Section 29-6-60 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor.