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Sponsors: Rep. Chalk
Document Path: l:\council\bills\gjk\20445ab08.doc
Introduced in the House on January 8, 2008
Introduced in the Senate on March 5, 2008
Last Amended on March 4, 2008
Currently residing in the Senate
Summary: Landscape service
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/12/2007 House Prefiled 12/12/2007 House Referred to Committee on Labor, Commerce and Industry 1/8/2008 House Introduced and read first time HJ-42 1/8/2008 House Referred to Committee on Labor, Commerce and Industry HJ-42 2/27/2008 House Committee report: Favorable with amendment Labor, Commerce and Industry HJ-5 3/4/2008 House Amended HJ-54 3/4/2008 House Read second time HJ-55 3/5/2008 House Read third time and sent to Senate HJ-11 3/5/2008 Senate Introduced and read first time SJ-9 3/5/2008 Senate Referred to Committee on Labor, Commerce and Industry SJ-9 5/28/2008 Senate Committee report: Favorable with amendment Labor, Commerce and Industry SJ-14 5/29/2008 Scrivener's error corrected 5/29/2008 Senate Committee Amendment Adopted SJ-70 6/3/2008 Senate Read second time SJ-29
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VERSIONS OF THIS BILL
COMMITTEE AMENDMENT ADOPTED
May 29, 2008
S. Printed 5/29/08--S.
Read the first time March 5, 2008.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-26 SO AS TO DEFINE THE TERM "LANDSCAPE SERVICE" AND TO PROVIDE THAT A PERSON WHO PROVIDES A LANDSCAPE SERVICE ON A PARCEL OR REAL ESTATE BY VIRTUE OF AN AGREEMENT WITH THE OWNER OF THE REAL ESTATE, AND TO WHOM A DEBT IS DUE FOR HIS PERFORMANCE OF THE LANDSCAPING SERVICE, HAS A MECHANICS' LIEN ON THE REAL ESTATE TO SECURE PAYMENT OF DEBT DUE TO HIM.
Amend Title To Conform
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 29-5-26. (A) A person who provides a landscape service on a parcel of real estate by virtue of a written agreement with the owner of the real estate that exceeds fifteen thousand dollars, and to whom a debt is due for his performance of the landscaping service, has a mechanics' lien on the real estate to secure payment of debt due to him as provided by Section 29-5-10 and Section 29-5-20. The lien is on the land and a building, structure, or other improvement on the land.
(B) As used in this chapter, a landscape service includes:
(1) land clearing, grading, filling, plant removal, natural obstruction removal, or other preparation of land;
(2) the installation of a landscaping item including plant material, mulch, paving, walkway, swimming pool, fountain, retaining wall, bulkhead, deck, patio, lightscaping system, irrigation system, drainage structure, drainage system, underground utility, or other feature incidental and necessary to a landscape plan and or site design;
(3) or both.
A landscaping service does not depend on whether the service is related to the construction, erection, alteration, or repair of a building or other structure."
SECTION 2. This act takes effect upon approval by the Governor.
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