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Bill 1059

                    Current Status

Bill Number:                      1059
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020227
Primary Sponsor:                  Gregory
All Sponsors:                     Gregory
Drafted Document Number:          l:\council\bills\dka\4704dw02.doc
Residing Body:                    Senate
Current Committee:                Banking and Insurance Committee 02 SBI
Subject:                          Mechanic's liens, lienholder has 120 days 
                                  to serve notice to owner and file statement of 
                                  account to preserve lien


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020227  Introduced, read first time,           02 SBI
                  referred to Committee


              Versions of This Bill

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 The lien shall must be dissolved unless the person desiring to avail himself thereof of it, within ninety one hundred twenty days after he ceases to labor on or furnish labor or materials for such the building or structure, serves upon the owner or, in the event if 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 must 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 is 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 attaches to these bills if the materials were as specified and the work was performed in a workmanlike manner in accordance with industry standards. Provided, that in the event If 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 is and constitute constitutes the delivery contemplated with regard to such these liens in Title 30 of this Code."

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

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