Bill 3285

                    Current Status

Bill Number:                       3285
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970121
Primary Sponsor:                   Davenport 
All Sponsors:                      Davenport 
Drafted Document Number:           bbm\9049jm.97
Companion Bill Number:             537
Residing Body:                     House
Current Committee:                 Labor, Commerce and Industry
                                   Committee 26 HLCI
Subject:                           Mechanic's liens, statement of
                                   account served on owner to preserve;
                                   Property, Businesses and
                                   Corporations

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970121  Introduced, read first time,             26 HLCI
                  referred to Committee

TO AMEND SECTION 29-5-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE STATEMENT OF ACCOUNT WHICH MUST BE SERVED ON THE OWNER TO PRESERVE THE LIEN, AND THE CONTENTS OF THE STATEMENT, SO AS TO CHANGE FROM NINETY DAYS TO ONE HUNDRED TWENTY DAYS THE TIME PERIOD FOR SERVICE AND FILING UNDER THIS SECTION, AND PROVIDE FOR THE ACCRUAL OF INTEREST UNDER CERTAIN CIRCUMSTANCES.

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 twenty 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 mesne conveyances 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 subscribed and sworn to by the person claiming the lien or by someone in his behalf and shall be recorded in a book kept for the purpose by the register or clerk who shall be entitled to the same fees therefor as for recording mortgages of equal length. Beginning on the ninety-first day after the filing provided for above, with regard to all unpaid bills, interest at the legal rate allowed by law must be charged and shall attach to such bills if the materials were as specified and the work was performed in a workmanlike manner in accordance with industry standards. Provided, that in 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 the delivery contemplated with regard to such liens in Title 30 of this Code."

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