South Carolina General Assembly
113th Session, 1999-2000

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Bill 87


Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 7, 1999

S. 87

Introduced by Senators Thomas, Elliott and Hayes

S. Printed 4/7/99--S.

Read the first time January 12, 1999.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 87), to amend Section 27-37-30, Code of Laws of South Carolina, 1976, relating to rules to show cause in ejectment proceedings, etc., respectfully

REPORT:

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, beginning on line 21, by striking SECTION 1 in its entirety and inserting therein the following:

/ SECTION 1. Section 27-37-30 of the 1976 Code is amended to read:

"Section 27-37-30. (A) The copy of such 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 court of common pleas of this State or,. 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 When no person can be found in possession of the premises, and the premises shall have remained unoccupied for a space period of fifteen days or more immediately prior to before the date of such service, the copy of such 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 three times in the manner described in item (1), a copy of the rule may be served by affixing both it and documentation of the three 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 three attempts to serve the defendant must be separated by a minimum of seventy-two hours, and must occur at times of day separated by a minimum of four 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. The documentation of the three attempts to serve the rule must be attached to the copy of the rule when it is affixed to 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 magistrate's court. The clerk is responsible for verifying that the envelope is addressed to the defendant at the address shown in the rule as the residence of the defendant, 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 shall not be considered complete without the clerk's verification. A fee as provided for in Section 8-21-1010(14) shall be collected by the magistrate or his clerk for the verification and mailing in this item.

(3) Mailing of the rule shall constitute 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 shall begin to run on the eleventh day after mailing." /

Renumber sections to conform.

Amend title to conform.

JAMES E. BRYAN, JR., for Committee.

A BILL

TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO AUTHORIZE SERVICE OF THE RULE BY POSTING WHEN THREE PRIOR ATTEMPTS TO SERVE THE RULE HAVE BEEN UNSUCCESSFUL.

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

SECTION 1. Section 27-37-30 of the 1976 Code is amended to read:

"Section 27-37-30. The copy of such 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 of this State or, :

(1) when no person can be found in possession of the premises and the premises shall have remained unoccupied for a space period of fifteen days or more immediately prior to before the date of such service, the copy of such the rule may be served by leaving it affixed to the most conspicuous part of the premises;

(2) when service has been attempted unsuccessfully three times a copy of the rule may be served by leaving it affixed to the most conspicuous part of the premises and placing a copy of the rule under a door to the premises with the rule stating the prior dates and times that service was attempted."

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

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