South Carolina General Assembly
115th Session, 2003-2004

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H. 5179

STATUS INFORMATION

General Bill
Sponsors: Rep. Koon
Document Path: l:\council\bills\gjk\21209sd04.doc

Introduced in the House on April 27, 2004
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Certificate of occupancy, mechanic's lien

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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   4/27/2004  House   Introduced and read first time HJ-9
   4/27/2004  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-9

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/27/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-125 SO AS TO PROHIBIT THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR AN IMPROVEMENT TO REAL ESTATE AGAINST WHICH A VALID, RECORDED MECHANIC'S LIEN EXISTS, AND TO PROVIDE THAT THE OWNER OF THE REAL ESTATE MUST ALSO FILE WITH THE OFFICE ISSUING THE CERTIFICATE OF OCCUPANCY AN AFFIDAVIT STATING THAT ALL SUBCONTRACTORS WHO PERFORMED WORK ON THE IMPROVEMENTS HAVE BEEN PAID IN FULL, AND THIS AFFIDAVIT IS REQUIRED BEFORE THE CERTIFICATE OF OCCUPANCY MAY BE ISSUED.

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

SECTION    1.    Chapter 5, Title 29 of the 1976 Code is amended by adding:

"Section 29-5-125.    (A)(1)    A certificate of occupancy for an improvement to real estate may not issue to the owner of the improvement against which a valid lien, acquired pursuant to Section 29-5-20, exists on the public records of the county in which the subject real estate is located.

(2)    For purposes of issuing the certificate of occupancy described in item (1), the lien may be released only pursuant to this chapter.

(B)    The owner of the real estate must also file with the office issuing the certificate of occupancy an affidavit stating that all subcontractors who performed work on the improvements have been paid in full. This affidavit is required before the certificate of occupancy may be issued."

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

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