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H*4460 Session 113 (1999-2000)
H*4460(Rat #0462, Act #0409 of 2000) General Bill, By McGee
A BILL TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE OFFENSE OF LARCENY FOR FAILURE TO RETURN RENTED OBJECTS,
SO AS TO INCLUDE CLOTHING AND FORMAL WEAR TO THE LIST OF RENTAL ITEMS INCLUDED
IN THIS OFFENSE; TO AMEND SECTION 22-8-40, AS AMENDED, RELATING TO FULL-TIME
AND PART-TIME MAGISTRATES AND MAGISTRATES' SALARIES, SO AS TO CHANGE AN
INCORRECT REFERENCE; TO AMEND SECTION 27-39-230, RELATING TO THE COLLECTION OF
RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT FROM DISTRESS, SO AS TO
INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE
MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD
PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; TO AMEND SECTION 27-39-250,
RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE
THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY
OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO
THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED
PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE; TO AMEND SECTION 27-37-10,
RELATING TO THE GROUNDS FOR EJECTMENT OF TENANTS, SO AS TO PROVIDE UNDER
CERTAIN CONDITIONS FOR RESIDENTIAL RENTAL AGREEMENTS THAT THE NONPAYMENT OF
RENT WITHIN FIVE DAYS OF THE DATE DUE CONSTITUTES LEGAL NOTICE THAT THE
LANDLORD MAY BEGIN EJECTMENT PROCEEDINGS; TO AMEND SECTION 27-37-30, AS
AMENDED, RELATING TO SERVICE OF THE RULE TO SHOW CAUSE IN EJECTMENT
PROCEEDINGS, SO AS TO DEFINE ABANDONED AS IN RESIDENTIAL RENTAL AGREEMENTS AND
IN NONRESIDENTIAL RENTAL AGREEMENTS, TO PROVIDE THAT PERSONAL SERVICE OF THE
RULE MUST BE ATTEMPTED TWO TIMES INSTEAD OF THREE TIMES, TO PROVIDE THE RULE
MUST BE AFFIXED TO THE MOST CONSPICUOUS PART OF THE PREMISES ON THE FIRST
UNSUCCESSFUL  ATTEMPT AT PERSONAL SERVICE, AND TO PROVIDE THE SPECIFIED TIME
PERIOD BEGINS TO RUN AT THE TIME OF CONTACT IF THE TENANT CONTACTS THE COURT
BEFORE THE ELEVENTH DAY FROM THE TIME OF MAILING THE RULE.-AMENDED TITLE
01/19/00 House Introduced and read first time HJ-17
01/19/00 House Referred to Committee on Judiciary HJ-17
04/19/00 House Committee report: Favorable Judiciary HJ-13
04/26/00 House Requests for debate-Rep(s). Kirsh,
Moody-Lawrence, Meacham-Richardson, Trotter and
Kennedy HJ-56
05/04/00 House Requests for debate removed-Rep(s). Kirsh and
Meacham-Richardson HJ-43
05/09/00 House Read second time HJ-36
05/11/00 House Read third time and sent to Senate HJ-15
05/16/00 Senate Introduced and read first time SJ-10
05/16/00 Senate Referred to Committee on Judiciary SJ-10
05/23/00 Senate Recalled from Committee on Judiciary SJ-6
05/23/00 Senate Read second time SJ-6
05/23/00 Senate Ordered to third reading with notice of amendments SJ-6
06/01/00 Senate Amended SJ-144
06/01/00 Senate Read third time and returned to House with
amendments SJ-144
06/01/00 Senate Recalled from House SJ-148
06/01/00 House Returned
06/21/00 Senate Reconsidered SJ-40
06/21/00 Senate Amended SJ-40
06/21/00 Senate Read third time and returned to House with
amendments SJ-40
06/22/00 Senate Recalled from House
06/22/00 House Returned HJ-90
06/22/00 Senate Reconsidered
06/22/00 Senate Amended
06/22/00 Senate Read third time and returned to House with amendments
06/22/00 House Concurred in Senate amendment and enrolled HJ-150
06/22/00 Ratified R 462
10/18/00 Signed By Governor
10/18/00 Effective date 10/18/00; however, the completion
of the requirement contained in Sec 22-1-16 of
1976 Code for purposes of Sec 22-8-40(B)(1)(b)
of the 1976 Code, as amended in Sec 2 of this
act, applies to magistrates whose initial
appointment begins on or after 07/01/01
11/08/00 Copies available
11/08/00 Act No. 409
(A409, R462, H4460)
AN ACT TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LARCENY FOR FAILURE TO RETURN RENTED OBJECTS, SO AS TO INCLUDE CLOTHING AND FORMAL WEAR TO THE LIST OF RENTAL ITEMS INCLUDED IN THIS OFFENSE; TO AMEND SECTION 22-8-40, AS AMENDED, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND MAGISTRATES' SALARIES, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 27-39-230, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE; TO AMEND SECTION 27-37-10, RELATING TO THE GROUNDS FOR EJECTMENT OF TENANTS, SO AS TO PROVIDE UNDER CERTAIN CONDITIONS FOR RESIDENTIAL RENTAL AGREEMENTS THAT THE NONPAYMENT OF RENT WITHIN FIVE DAYS OF THE DATE DUE CONSTITUTES LEGAL NOTICE THAT THE LANDLORD MAY BEGIN EJECTMENT PROCEEDINGS; TO AMEND SECTION 27-37-30, AS AMENDED, RELATING TO SERVICE OF THE RULE TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO DEFINE ABANDONED AS IN RESIDENTIAL RENTAL AGREEMENTS AND IN NONRESIDENTIAL RENTAL AGREEMENTS, TO PROVIDE THAT PERSONAL SERVICE OF THE RULE MUST BE ATTEMPTED TWO TIMES INSTEAD OF THREE TIMES, TO PROVIDE THE RULE MUST BE AFFIXED TO THE MOST CONSPICUOUS PART OF THE PREMISES ON THE FIRST UNSUCCESSFUL ATTEMPT AT PERSONAL SERVICE, AND TO PROVIDE THE SPECIFIED TIME PERIOD BEGINS TO RUN AT THE TIME OF CONTACT IF THE TENANT CONTACTS THE COURT BEFORE THE ELEVENTH DAY FROM THE TIME OF MAILING THE RULE.
Be it enacted by the General Assembly of the State of South Carolina:
Add clothing and formal wear
SECTION 1. Section 16-13-420 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-13-420. (A) A person having any motor vehicle, trailer, appliance, equipment, tool, clothing, or formal wear in his possession or under his control by virtue of a lease or rental agreement is guilty of larceny if he:
(1) wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, tool, clothing, or formal wear within seventy-two hours after the lease or rental agreement has expired;
(2) fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement.
The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the rented or leased item is five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the rented or leased item is more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the value of the rented or leased item is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."
Change reference
SECTION 2. Section 22-8-40(B)(1)(b) of the 1976 Code, as last amended by Act 226 of 2000, is further amended to read:
"(b) upon completing the requirements of Sections 22-1-10(C) and 22-1-16, a magistrate shall be paid eighty percent of the base salary for his county's population category as provided in item (2);"
Property owned by third party
SECTION 3. Section 27-39-230 of the 1976 Code is amended to read:
"Section 27-39-230. The following property is exempt from distress for rent:
(1) personal clothing and food within the dwelling;
(2) bedsteads;
(3) bedding and cooking utensils; and
(4) property which is owned by a third party for which the magistrate finds ownership was not transferred from the tenant to the third party for the purpose of avoiding distraint."
Magistrate makes finding about property of the third party
SECTION 4. Section 27-39-250 of the 1976 Code is amended to read:
"Section 27-39-250. If any property distrained is not the property of the tenant, the tenant shall immediately name the owner and inform the officer of the ownership, and the officer shall distrain sufficient other property of the tenant to pay the rent and costs. Even though property of the tenant must be first applied to payment of the rent and costs, all property upon the rented premises is subject to distress as provided in this section, except property mentioned in Section 27-39-230. If at any time prior to sale, as provided in Section 27-39-320, the landlord is given or receives written notice containing facts substantiating ownership that some of the distrained property is owned by a third party, the third party must receive notice, as provided in Section 27-39-210, and an opportunity to be heard, as provided in Section 27-39-220. Before the distrained property of the third party is subject to sale pursuant to Section 27-39-320, the magistrate shall find, in a hearing, that the ownership of the property was transferred from the tenant to the third party for the purpose of avoiding distraint. If the magistrate does not make this finding, the property of the third party is exempt from distraint as provided in Section 27-39-230."
Nonpayment of rent as legal notice in residential rental agreements
SECTION 5. Section 27-37-10 of the 1976 Code is amended to read:
"Section 27-37-10. (A) The tenant may be ejected upon application of the landlord or his agent when (1) the tenant fails or refuses to pay the rent when due or when demanded, (2) the term of tenancy or occupancy has ended, or (3) the terms or conditions of the lease have been violated.
(B) For residential rental agreements, nonpayment of rent within five days of the date due constitutes legal notice to the tenant that the landlord has the right to begin ejectment proceedings under this chapter if a written rental agreement specifies in bold conspicuous type that nonpayment of rent constitutes such notice. This requirement is satisfied if the written rental agreement contains the notice specified in Section 27-40-710(B)."
Two attempts at personal service before mailing rule to show cause
SECTION 6. Section 27-37-30, as last amended by Act 61 of 1999, is further amended to read:
"Section 27-37-30. (A) The copy of the rule provided for in Section 27-37-20 may be served in the same manner as is provided by law for the service of the summons in actions pending in the court of common pleas or magistrates courts of this State. The methods of service described in subsections (B) and (C) may be used as alternatives to the method of service described in this subsection.
(B) When no person can be found in possession of the premises, and the premises have remained abandoned, as defined in Section 27-40-730 for residential rental agreements and in Section 27-35-150 for nonresidential rental agreements, for a period of fifteen days or more immediately before the date of service, the copy of the rule may be served by leaving it affixed to the most conspicuous part of the premises.
(C) When service as provided in subsection (A) has been attempted unsuccessfully two times in the manner described in item (1), a copy of the rule may be served by affixing both it and documentation of the two service attempts to the most conspicuous part of the premises and mailing a copy of the rule in the manner described in item (2):
(1) Each of the two attempts to serve the defendant must be separated by a minimum of forty-eight hours and must occur at times of day separated by a minimum of eight hours. The person attempting to serve the rule must document the date and time of the attempts by affidavit or by certificate in the case of a law enforcement officer. On the first unsuccessful attempt to serve the rule, a copy of the rule must be affixed to the most conspicuous part of the premises. On the second unsuccessful attempt to serve the rule, the documentation of the two attempts to serve the rule must be attached to the copy of the rule when it is affixed to the most conspicuous part of the premises.
(2) For mailing by ordinary mail to be considered to complete service under this item, it must be accomplished by placing a copy of the rule and documentation of the prior attempts at service in an envelope in the presence of the clerk of the magistrates court. The clerk is responsible for verifying that the envelope is addressed to the defendant at the address shown in the rule as the rental premises of the defendant or another address for receipt of mail furnished in writing by the tenant to the landlord, that the envelope contains the necessary documents, and that the clerk has placed the sealed and stamped envelope in the United States mail. The clerk's verification must be made a part of the record in the case, and service by ordinary mail is not considered complete without the clerk's verification. A fee as provided for in Section 8-21-1010(14) must be collected by the magistrate or his clerk for the verification and mailing in this item.
(3) Mailing of the rule constitutes service when the requirements of items (1) and (2) have been met and ten days have elapsed from the time of mailing. If these requirements have been met, the specified time period for the tenant to show cause why he should not be ejected as provided in Section 27-37-20 begins to run on the eleventh day after mailing. However, if the tenant contacts the magistrates court prior to the eleventh day, the specified time period for the tenant to show cause as provided in Section 27-37-20 must begin to run at the time of contact."
Time effective
SECTION 7. This act takes effect upon approval by the Governor; however, the completion of the requirement contained in Section 22-1-16 of the 1976 Code for purposes of Section 22-8-40(B)(1)(b) of
the 1976 Code, as amended in Section 2 of this act, applies to magistrates whose initial appointment begins on or after July 1, 2001.
Ratified the 22nd day of June, 2000.
Approved the 18th day of October, 2000.
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