H 4451 General Bill, By Keegan, Barfield, Kelley, Lanford and Sandifer
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 29-6-35 SO AS TO MAKE IT UNLAWFUL FOR THE OWNER OF A NEW BUSINESS OR OF AN
 EXISTING BUSINESS TO OPEN, REOPEN, OR REMAIN OPEN TO THE PUBLIC UNDER CERTAIN
 CIRCUMSTANCES UNTIL EVERY CONTRACTOR OR SUBCONTRACTOR HAS BEEN PAID FOR ALL
 SERVICES TO IMPROVE THE OWNER'S PROPERTY AND PROVIDE FOR A PENALTY.

   01/20/98  House  Introduced and read first time HJ-26
   01/20/98  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-26

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-6-35 SO AS TO MAKE IT UNLAWFUL FOR THE OWNER OF A NEW BUSINESS OR OF AN EXISTING BUSINESS TO OPEN, REOPEN, OR REMAIN OPEN TO THE PUBLIC UNDER CERTAIN CIRCUMSTANCES UNTIL EVERY CONTRACTOR OR SUBCONTRACTOR HAS BEEN PAID FOR ALL SERVICES TO IMPROVE THE OWNER'S PROPERTY AND PROVIDE FOR A PENALTY.

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 this chapter, it is unlawful (1) for the owner of a new business or other new commercial enterprise to open to the public, (2) for the owner of an existing business or other existing commercial enterprise to reopen to the public after having been temporarily closed for services by a contractor or subcontractor to improve the owner's real property, or (3) for the owner of an existing business or other existing commercial enterprise to remain open to the public while a contractor or subcontractor performs services to improve the owner's property until, in each instance described above, every contractor or subcontractor has been paid for all services performed by the contractor or subcontractor to improve the owner's property.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two thousand dollars or confinement in the county jail for sixty days, or both."

SECTION 2. This act takes effect upon approval by the Governor.