Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
S. 287
STATUS INFORMATION
General Bill
Sponsors: Senators Mescher, Elliott, Fair, Ford, Giese, Glover, Grooms, Leventis, Martin, McConnell, Moore, Peeler, Reese, Setzler and Verdin
Document Path: l:\council\bills\gjk\20130sl03.doc
Companion/Similar bill(s): 3526
Introduced in the Senate on January 29, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Property, surveying, definitions; statute of limitations
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/29/2003 Senate Introduced and read first time SJ-13 1/29/2003 Senate Referred to Committee on Judiciary SJ-13
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS BASED UPON THE DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO REMOVE SURVEYING AS AN IMPROVEMENT TO REAL PROPERTY INCLUDED IN THIS SECTION; TO AMEND SECTION 15-3-670, RELATING TO WHEN THE LIMITATIONS PROVIDED BY SECTION 15-3-640 ARE NOT AVAILABLE AS A DEFENSE, SO AS TO REMOVE SURVEYING AND LAND SURVEYING; AND BY ADDING SECTION 40-22-285 SO AS TO CREATE A FOUR-YEAR STATUTE OF LIMITATIONS ON ACTIONS AGAINST REGISTERED SURVEYORS OR THEIR EMPLOYEES ENGAGED IN THE PRACTICE OF LAND SURVEYING AND PROVIDE WHEN THE STATUTE OF LIMITATIONS MAY NOT BE USED AS A DEFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-3-640(9) of the 1976 Code is amended to read:
"(9) an action against owners an owner or manufacturers a manufacturer of components, or against any a person furnishing materials, or against any a person who develops real property, or who performs or furnishes the design, plans, specifications, surveying, planning, supervision, testing, or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property."
SECTION 2. Section 15-3-670 of the 1976 Code is amended to read:
"Section 15-3-670. The limitation provided by Sections 15-3-640 through 15-3-660 may must not be asserted as a defense by any a person in actual possession or control, as owner, tenant, or otherwise, of the improvement at the time the defective or unsafe condition constitutes the proximate cause of the injury or death for which it is proposed to bring an action, in the event such the person in actual possession or control knows, or reasonably should have known, of the defective or unsafe condition. The limitations provided by Sections 15-3-640 through 15-3-660 are not available as a defense to any a person guilty of fraud, gross negligence, or recklessness in providing components in furnishing materials, in developing real property, in performing or furnishing the design, plans, specifications, surveying, planning, supervision, testing or observation of construction, or construction of, or land surveying, in connection with such an that improvement, or to any a person who conceals any such this cause of action. The limitation provided by Section 15-3-640 may must not be asserted as a defense to any an action for personal injury, including a personal injury resulting in death, or property damage which is (i) by its nature not discoverable in the exercise of reasonable diligence at the time of its occurrence and (ii) the result of ingestion of or exposure to some toxic or harmful or injury producing substance, element, or particle, including radiation, over a period of time as opposed to resulting from a sudden and fortuitous trauma."
SECTION 3. Chapter 22, Title 40 of the 1976 Code is amended by adding:
"Section 40-22-285. (A) Notwithstanding another provision of law, an action to recover damages for a deficiency, defect, omission, error, or miscalculation in a survey or plat must be brought against registered surveyors or their employees engaged in the practice of land surveying who performed or furnished the survey or plat not more than four years from the date of the survey or plat. This cause of action accrues when the services are rendered as shown from the date on the survey or plat. An action not instituted within the four-year period provided by this section is forever barred.
(B) The limitation provided by subsection (A) is not available as a defense to a person guilty of fraud, gross negligence, or recklessness in performing or furnishing the survey or plat or to a person who conceals this cause of action.
(C) Nothing in this section may be construed as:
(1) creating a cause of action not already existing or recognized; or
(2) barring a cause of action existing or accrued on the effective date of this section."
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:15 A.M.