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S. 44
STATUS INFORMATION
General Bill
Sponsors: Senator Richardson
Document Path: l:\s-res\shr\011venu.mrh.doc
Introduced in the Senate on January 11, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Jurisdiction based on conduct
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/8/2004 Senate Prefiled 12/8/2004 Senate Referred to Committee on Judiciary 1/11/2005 Senate Introduced and read first time SJ-101 1/11/2005 Senate Referred to Committee on Judiciary SJ-101
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 15-7-30 OF THE 1976 CODE, RELATING TO ACTIONS THAT MUST BE TRIED IN THE COUNTY WHERE THE DEFENDANT RESIDES, TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING A CORPORATION'S PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-7-100, RELATING TO CHANGING THE PLACE OF TRIAL IN A CIVIL ACTION, TO PROVIDE ADDITIONAL CRITERIA FOR THE COURT TO CONSIDER IN DETERMINING WHETHER TO CHANGE THE PLACE OF TRIAL; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION IN A CIVIL ACTION BASED ON CONDUCT, TO DELETE A PROHIBITION AGAINST THE COURT CHANGING THE PLACE OF TRIAL WHEN JURISDICTION IS BASED SOLELY ON THIS SECTION; AND TO REPEAL SECTION 58-23-90.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-7-30 of the 1976 Code is amended to read:
"Section 15-7-30. (A) As used in this section:
(1) 'Domestic corporation' means a 'domestic corporation' as defined in Section 33-1-400.
(2) 'Domestic limited partnership' means a 'domestic limited partnership' as defined in Section 33-42-20.
(3) 'Domestic limited liability company' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.
(4) 'Domestic limited liability partnership' means a 'domestic limited liability partnership' as defined in Section 33-41-1110 with its principal place of business within this State.
(5) 'Foreign corporation' means a 'foreign corporation' as defined in Section 33-1-400.
(6) 'Foreign limited partnership' means a 'foreign limited partnership' as defined in Section 33-42-20.
(7) 'Foreign limited liability company' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside this State.
(8) 'Foreign limited liability partnership' means a 'foreign limited liability partnership' as defined in Section 33-41-1150 with its principal place of business outside this State.
(9) 'Nonresident individual' means a person who is not domiciled in this State.
(10) 'Principal place of business' means any of the following:
(a) the corporation's headquarters within this State from which the corporation's officers direct, control, or coordinate its activities within this State;
(b) the county in which the largest percentage of the corporation's distribution activity in this State takes place;
(c) the county in which the largest percentage of the corporation's manufacturing activity in this State takes place;
(d) the county in which the largest percentage of the corporation's sales activity in this State takes place; or
(e) the county in which the largest percentage of the corporation's service activity in this State takes place.
(11) 'Resident individual' means a person who is domiciled in this State.
(B) In all other cases not provided for in Sections 15-7-10, 15-7-20, or 15-78-100, and except as provided in Section 15-7-100(C), the action shall must be tried in the county in which the defendant resides at the time of the commencement of the action it properly may be brought and tried against the defendant according to the provisions of this section. 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 action resides at the time of the commencement of the action properly may be maintained against one of the defendants pursuant to this section. If none of the parties shall reside in the State the action may be tried in any county which the plaintiff shall designate 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.
(C) A civil action tried pursuant to this section against a resident individual defendant must be brought and tried in the county in which the:
(1) defendant resides at the time the cause of action arose; or
(2) most substantial part of the alleged act or omission giving rise to the cause of action occurred;
(D) A civil action tried pursuant to this section against a nonresident individual defendant must be brought and tried in the county in which the:
(1) most substantial part of the alleged act or omission giving rise to the cause of action occurred; or
(2) plaintiff resides, or if the plaintiff is a domestic corporation, domestic limited partnership, domestic limited liability company, domestic limited liability partnership, foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership, at any of its principal places of business at the time the cause of action arose.
(E) A civil action tried pursuant to this section against a domestic corporation, domestic limited partnership, domestic limited liability company, or domestic limited liability partnership, must be brought and tried in the county in which the:
(1) corporation, limited partnership, limited liability company, or limited liability partnership has any of its principal places of business at the time the cause of action arose; or
(2) most substantial part of the alleged act or omission giving rise to the cause of action occurred.
(F) A civil action tried pursuant to this section against a foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership must be brought and tried in the county in which the:
(1) most substantial part of the alleged act or omission giving rise to the cause of action occurred; or
(2) plaintiff resides, or if the plaintiff is a domestic corporation, domestic limited partnership, domestic limited liability company, domestic limited liability partnership, foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership, at any of its principal places of business at the time the cause of action arose.
(3) foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has any of its principal places of business at the time the cause of action arose;
(G) Owning property and transacting business in a county is insufficient in and of itself to establish the principal place of business for a corporation for purposes of venue."
SECTION 2. Section 15-7-100 of the 1976 Code is amended to read:
"Section 15-7-100. (A) The court may change the place of trial in the following cases if:
(1) When the county designated for that purpose in the complaint is not the proper county;
(2) When there is reason to believe that a fair and impartial trial cannot be had therein there; and or
(3) When the convenience of witnesses and the ends of justice would be promoted by the change.
(B) When the place of trial is changed, all other proceedings shall must be had in the county to which the place of trial is changed, unless otherwise provided by the consent of the parties in writing duly filed or by order of the court. And the papers shall The pleadings must be filed or transferred accordingly.
(C) If the court changes the place of trial pursuant to the provisions of subsection (A)(3), the action is not subject to the provisions of Section 15-7-30."
SECTION 3. Section 36-2-803 of the 1976 Code is amended to read:
"Section 36-2-803. (1) A court may exercise personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from the person's:
(a) transacting any business in this State;
(b) contracting to supply services or things in the State;
(c) commission of a tortious act in whole or in part in this State;
(d) causing tortious injury or death in this State by an act or omission outside this State if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this State; or
(e) having an interest in, using, or possessing real property in this State; or
(f) contracting to insure any person, property or risk located within this State at the time of contracting; or
(g) entry into a contract to be performed in whole or in part by either party in this State; or
(h) production, manufacture, or distribution of goods with the reasonable expectation that those goods are to be used or consumed in this State and are so used or consumed.
(2) When jurisdiction over a person is based solely upon this section, only a cause of action arising from acts enumerated in this section may be asserted against him, and such action, if brought in this State, shall not be subject to the provisions of Section 15-7-100 (3). Reserved."
SECTION 4. Section 58-23-90 of the 1976 Code is repealed.
SECTION 5. This act takes effect July 1, 2005.
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