South Carolina General Assembly
124th Session, 2021-2022

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Indicates New Matter

H. 4175

STATUS INFORMATION

General Bill
Sponsors: Reps. Bailey, Gilliam, Pope, McCravy, Rose, Bernstein, Hewitt, Hardee, Bamberg, Brittain, Gagnon, Jordan, Sandifer, G.M. Smith and J.L. Johnson
Document Path: l:\council\bills\df\13082cz21.docx

Introduced in the House on April 7, 2021
Currently residing in the House Committee on Judiciary

Summary: Unfair Trade Practice - Choice of Law Provisions

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    4/7/2021  House   Introduced and read first time (House Journal-page 65)
    4/7/2021  House   Referred to Committee on Judiciary 
                        (House Journal-page 65)
   4/14/2021  House   Member(s) request name added as sponsor: J.L.Johnson

View the latest legislative information at the website

VERSIONS OF THIS BILL

4/7/2021

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-190 SO AS TO PROVIDE THAT IT IS AN UNFAIR TRADE PRACTICE FOR A CONTRACTING PARTY TO REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER STATE IN DISPUTES ARISING FROM THE PERFORMANCE OF THE CONTRACT.

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

SECTION    1.    Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:

    "Section 39-5-190.     (A)    Notwithstanding any other provision of law, it is an unfair trade practice for one party to a contract to require the application of the laws of another state for a dispute that arises related to the performance of the contract so long as this State is the place of performance of the contract.

    (B)    Nothing in this section may be construed to prohibit the use of a provision agreeing to apply the laws of another state for other disputes that may arise related to the contract."

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

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This web page was last updated on April 14, 2021 at 12:30 PM