S 1052 General Bill, By Land
 A BILL TO AMEND SECTION 29-5-90, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DISSOLUTION OF A MECHANIC'S LIEN FOR FAILURE TO SERVE AND FILE
 STATEMENT, SO AS TO EXTEND FROM NINETY TO ONE HUNDRED AND EIGHTY DAYS THE TIME
 A PERSON HAS TO FILE A MECHANIC'S LIEN; AND TO AMEND SECTION 29-5-120,
 RELATING TO THE DISSOLUTION OF A MECHANIC'S LIEN IF SUIT IS NOT BROUGHT IN SIX
 MONTHS, SO AS TO EXTEND THE TIME PERIOD TO ENFORCE A LIEN FROM SIX MONTHS TO
 TWO HUNDRED AND SEVENTY DAYS.

   01/20/00  Senate Introduced and read first time SJ-3
   01/20/00  Senate Referred to Committee on Banking and Insurance SJ-3

TO AMEND SECTION 29-5-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF A MECHANIC'S LIEN FOR FAILURE TO SERVE AND FILE STATEMENT, SO AS TO EXTEND FROM NINETY TO ONE HUNDRED AND EIGHTY DAYS THE TIME A PERSON HAS TO FILE A MECHANIC'S LIEN; AND TO AMEND SECTION 29-5-120, RELATING TO THE DISSOLUTION OF A MECHANIC'S LIEN IF SUIT IS NOT BROUGHT IN SIX MONTHS, SO AS TO EXTEND THE TIME PERIOD TO ENFORCE A LIEN FROM SIX MONTHS TO TWO HUNDRED AND SEVENTY DAYS.

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

SECTION 1. Section 29-5-90 of the 1976 Code is amended to read:

"Section 29-5-90. Such a lien shall be dissolved unless the person desiring to avail himself thereof, within ninety one hundred and eighty days after he ceases to labor on or furnish labor or materials for such building or structure, serves upon the owner or, in the event the owner cannot be found, upon the person in possession and files in the office of the register of deeds or clerk of court of the county in which the building or structure is situated a statement of a just and true account of the amount due him, with all just credits given, together with a description of the property intended to be covered by the lien sufficiently accurate for identification, with the name of the owner of the property, if known, which certificate shall be is subscribed and sworn to by the person claiming the lien or by someone in his behalf and shall must be recorded in a book kept for the purpose by the register or clerk who shall be is entitled to the same fees therefor as for recording mortgages of equal length. Provided, However, that in the event neither the owner nor the person in possession can be located after diligent search, and this fact is verified by affidavit of the sheriff or his deputy, the lien may be preserved by filing the statement together with the affidavit. The delivery on the register or clerk for filing, as provided in this section, shall be and constitute is and constitutes the delivery contemplated with regard to such liens in Title 30 of this Code."

SECTION 2. Section 29-5-120 of the 1976 Code is amended to read:

"Section 29-5-120. Unless a suit for enforcing the lien is commenced, and notice of pendency of the action is filed, within six months two hundred and seventy days after the person desiring to avail himself thereof ceases to labor on or furnish labor or material for such the building or structures, the lien shall be is dissolved."

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