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H. 4081
STATUS INFORMATION
General Bill
Sponsors: Reps. Edge, Clemmons and Bailey
Document Path: l:\council\bills\nbd\11587djc03.doc
Introduced in the House on April 24, 2003
Introduced in the Senate on March 18, 2004
Last Amended on March 17, 2004
Currently residing in the Senate
Summary: Labor or materials for the improvement of real estate
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/24/2003 House Introduced and read first time HJ-74
4/24/2003 House Referred to Committee on Labor, Commerce and Industry
HJ-75
2/25/2004 House Committee report: Favorable Labor, Commerce and Industry
HJ-3
3/2/2004 House Debate adjourned until Wednesday, March 3, 2004 HJ-23
3/3/2004 House Member(s) request name added as sponsor: Clemmons
3/3/2004 House Requests for debate-Rep(s). Littlejohn, Sinclair, JE
Smith, Kennedy, GM Smith, Davenport, Cato, Rivers,
Bingham, Edge, Sandifer, J Brown, Huggins, Hinson,
Merrill, and Clyburn HJ-14
3/10/2004 House Member(s) request name added as sponsor: Bailey
3/17/2004 House Amended HJ-22
3/17/2004 House Read second time HJ-24
3/17/2004 House Roll call Yeas-90 Nays-0 HJ-24
3/18/2004 House Read third time and sent to Senate HJ-24
3/18/2004 Senate Introduced and read first time SJ-16
3/18/2004 Senate Referred to Committee on Banking and Insurance SJ-16
3/18/2004 Scrivener's error corrected
4/29/2004 Senate Committee report: Favorable with amendment Banking and
Insurance SJ-19
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
4/24/2003
2/25/2004
3/17/2004
3/18/2004
4/29/2004
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 29, 2004
H. 4081
S. Printed 4/29/04--S.
Read the first time March 18, 2004.
To whom was referred a Bill (H. 4081) to amend Section 29-5-21, Code of Laws of South Carolina, 1976, relating to surveyor's services as material furnished for the improvement of real estate, so as to, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, by striking line 39, and inserting:
/ virtue of a written agreement with the owner, performs or provides /.
Amend the bill further, as and if amended, page 2, lines 24-26, by striking subsection (D) in its entirety.
Renumber sections to conform.
Amend title to conform.
DAVID L. THOMAS for Committee.
EXPLANATION OF IMPACT:
The Department of Labor, Licensing and Regulation indicates that this bill will have no impact on the Department, the General Fund of the State, or on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT AN ENGINEER, ARCHITECT, OR LANDSCAPE ARCHITECT WHO PERFORMS OR PROVIDES PROFESSIONAL SERVICES FOR THE IMPROVEMENT OF REAL ESTATE IS CONSIDERED TO HAVE FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE, AND TO FURTHER PROVIDE THAT, UNDER CERTAIN CONDITIONS, A REAL ESTATE BROKER WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 29-5-21 of the 1976 Code, as added by Act 465 of 1978, is amended to read:
"Section 29-5-21. (A) A surveyor who surveys real estate by virtue of an agreement with the owner of such real estate shall be considered to have furnished material for the improvement of real estate within the meaning of Section 29-5-20.
(B) An engineer, architect, or landscape architect, who, by virtue of an agreement with the owner, performs or provides professional services for which he is licensed under Title 40 for the improvement of real estate, has furnished labor or material for the improvement of real estate within the meaning of Section 29-5-20.
(C)(1) Except as provided in this subsection, a real estate broker who, by virtue of a written agreement with the owner, performs professional services for which he is licensed under Title 40 incident to marketing, developing, or improving commercial real estate preparatory to or as part of a commercial real estate lease or rental transaction involving the commercial real estate, has furnished labor or material for the improvement of commercial real estate within the meaning of Section 29-5-20.
(2) A real estate broker shall not acquire a lien under this subsection unless:
(a) the owner of the commercial real estate or the owner's authorized agent lists the commercial real estate with the broker under the terms of a written agreement to lease an interest in the commercial real estate; and
(b) the broker or the broker's affiliated sales associate provides licensed services that result, during the term of a written agreement described in item (1) of this subsection, in the procuring of a person or entity that rents or leases the commercial real estate or rents or leases an interest in the commercial real estate upon terms contained in a written agreement described in item (1) of this subsection.
(3) A real estate broker shall not acquire a lien under this subsection upon residential real estate.
(D) A lien or claim giving rise to a lien of an engineer, architect, landscape architect, real estate broker, or land surveyor on public land or a public improvement is governed by this title."
SECTION 2. This act takes effect upon approval by the Governor.
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