Current Status Bill Number:273 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970129 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:res1239.gfm Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Actions that may be tried where cause of action arose to include tort actions against defendant, Courts, Torts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980527 Recommitted to Committee 11 SJ
Senate 19970409 Committee report: majority 11 SJ
favorable, with amendment,
minority unfavorable
Senate 19970129 Introduced, read first time, 11 SJ
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 9, 1997
S. 273
S. Printed 4/9/97--S.
Read the first time January 29, 1997.
To whom was referred a Bill (S. 273), to amend Section 15-7-20, Code of Laws of South Carolina, 1976, relating to actions which must be tried where the cause of action arose, 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, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 15-7-30 of the 1976 Code is amended to read:
"Section 15-7-30. In all other cases, the action shall must be tried in the county in which the defendant resides at the time of the commencement of the action, or in the county where the cause or some part of the cause of action arose, as designated by the plaintiff in his complaint. If there be is more than one defendant, then the action may be tried in any county in which one or more of the defendants to such the action resides at the time of the commencement of the action, or in the county where the cause of action or some part of the cause of action arose. If none of the parties shall reside resides in the State, the action may be tried in any county which the plaintiff shall designate designates in his complaint. This section is subject, however, to the power of the court to change the place of trial in certain cases as provided by law."
SECTION 2. The act takes effect upon approval upon approval by the Governor./
Amend title to conform.
Majority favorable. Minority unfavorable.
DONALD H. HOLLAND LARRY A. MARTIN
For Majority. For Minority.
TO AMEND SECTION 15-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE CAUSE OF ACTION AROSE, SO AS TO INCLUDE TORT ACTIONS AGAINST A DEFENDANT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-7-20 of the 1976 Code is amended to read:
"Section 15-7-20. Actions for the following causes must be tried in the county where the cause or some part thereof of the cause arose, subject to the like power of the court to change the place of trial:
(1) For for the recovery of a penalty or forfeiture imposed by statute, except that when it is imposed for an offense committed on a lake, river, or other stream of water situated in two or more counties, the action may be brought in any county bordering on such the lake, river, or stream, and opposite to the place where the offense was committed; and
(2) Against against a public officer or person specially appointed to execute his duties for an act done by him in virtue of his office or against a person who by his command or in his aid shall do anything touching the duties of such the officer.;
(3) against a defendant in a tort action."
SECTION 2. This act takes effect upon approval by the Governor.