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Session 116 - (2005-2006)Printer Friendly
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H*3008 (Rat #0023, Act #0027 of 2005) General Bill, By Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E.H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D.C. Smith, G.R. Smith, J.R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley, Hagood, Bowers and Young
Summary: Economic Development, Citizens, and Small Business Protection Act of 2005
AN ACT TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO EIGHT YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-7-100, RELATING TO CHANGING THE PLACE OF TRIAL, SO AS TO PROVIDE THAT THE COURT MAY CHANGE THE PLACE OF TRIAL IF IT IS A COURT IN A COUNTY DESIGNATED FOR THAT PURPOSE BUT THE DESIGNATED COUNTY IS NOT THE PROPER COUNTY PURSUANT TO ANOTHER VENUE STATUTE; TO AMEND SECTION 15-36-10, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REPLACE THE EXISTING PROVISIONS WITH PROVISIONS REQUIRING THE SIGNATURE OF AN ATTORNEY OR PARTY ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE A PROCEDURE FOR ADMINISTERING SANCTIONS FOR A VIOLATION, AND TO PROVIDE FOR THE REPORTING OF AN ATTORNEY TO THE COMMISSION ON LAWYER CONDUCT; BY ADDING SECTION 15-38-15 SO AS TO PROVIDE IN AN ACTION TO RECOVER DAMAGES RESULTING FROM PERSONAL INJURY, WRONGFUL DEATH, DAMAGE TO PROPERTY, OR TO RECOVER DAMAGES FOR ECONOMIC LOSS OR NONECONOMIC LOSS, JOINT AND SEVERAL LIABILITY DOES NOT APPLY TO A DEFENDANT WHO IS LESS THAN FIFTY PERCENT AT FAULT, TO PROVIDE FOR APPORTIONMENT OF PERCENTAGES OF FAULT AMONG DEFENDANTS, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A DEFENDANT WHOSE CONDUCT IS WILFUL, WANTON, RECKLESS, GROSSLY NEGLIGENT, INTENTIONAL, OR CONDUCT INVOLVING THE USE, SALE, OR POSSESSION OF ALCOHOL OR DRUGS; TO AMEND SECTION 34-31-20, AS AMENDED, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO CHANGE THE RATE FROM TWELVE PERCENT A YEAR TO EQUAL TO THE PRIME RATE AS LISTED IN THE FIRST EDITION OF THE WALL STREET JOURNAL PUBLISHED FOR EACH CALENDAR YEAR PLUS FOUR PERCENTAGE POINTS; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION BASED UPON CONDUCT, SO AS TO REMOVE AN EXCEPTION SO THAT AN ACTION PURSUANT TO THIS SECTION WOULD BE SUBJECT TO THE PROVISIONS OF SECTION 15-7-100(3); BY ADDING SECTION 39-5-39 SO AS TO PROVIDE THAT IT IS AN UNLAWFUL TRADE PRACTICE FOR AN ATTORNEY TO ADVERTISE HIS SERVICES IN A FALSE, DECEPTIVE, OR MISLEADING MANNER; AND TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50 ALL RELATING TO FRIVOLOUS LAWSUITS AND SECTION 58-23-90 RELATING TO VENUE IN ACTIONS AGAINST LICENSED MOTOR CARRIERS. - ratified title
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Summary: Economic Development, Citizens, and Small Business Protection Act of 2005
AN ACT TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO EIGHT YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-7-100, RELATING TO CHANGING THE PLACE OF TRIAL, SO AS TO PROVIDE THAT THE COURT MAY CHANGE THE PLACE OF TRIAL IF IT IS A COURT IN A COUNTY DESIGNATED FOR THAT PURPOSE BUT THE DESIGNATED COUNTY IS NOT THE PROPER COUNTY PURSUANT TO ANOTHER VENUE STATUTE; TO AMEND SECTION 15-36-10, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REPLACE THE EXISTING PROVISIONS WITH PROVISIONS REQUIRING THE SIGNATURE OF AN ATTORNEY OR PARTY ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE A PROCEDURE FOR ADMINISTERING SANCTIONS FOR A VIOLATION, AND TO PROVIDE FOR THE REPORTING OF AN ATTORNEY TO THE COMMISSION ON LAWYER CONDUCT; BY ADDING SECTION 15-38-15 SO AS TO PROVIDE IN AN ACTION TO RECOVER DAMAGES RESULTING FROM PERSONAL INJURY, WRONGFUL DEATH, DAMAGE TO PROPERTY, OR TO RECOVER DAMAGES FOR ECONOMIC LOSS OR NONECONOMIC LOSS, JOINT AND SEVERAL LIABILITY DOES NOT APPLY TO A DEFENDANT WHO IS LESS THAN FIFTY PERCENT AT FAULT, TO PROVIDE FOR APPORTIONMENT OF PERCENTAGES OF FAULT AMONG DEFENDANTS, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A DEFENDANT WHOSE CONDUCT IS WILFUL, WANTON, RECKLESS, GROSSLY NEGLIGENT, INTENTIONAL, OR CONDUCT INVOLVING THE USE, SALE, OR POSSESSION OF ALCOHOL OR DRUGS; TO AMEND SECTION 34-31-20, AS AMENDED, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO CHANGE THE RATE FROM TWELVE PERCENT A YEAR TO EQUAL TO THE PRIME RATE AS LISTED IN THE FIRST EDITION OF THE WALL STREET JOURNAL PUBLISHED FOR EACH CALENDAR YEAR PLUS FOUR PERCENTAGE POINTS; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION BASED UPON CONDUCT, SO AS TO REMOVE AN EXCEPTION SO THAT AN ACTION PURSUANT TO THIS SECTION WOULD BE SUBJECT TO THE PROVISIONS OF SECTION 15-7-100(3); BY ADDING SECTION 39-5-39 SO AS TO PROVIDE THAT IT IS AN UNLAWFUL TRADE PRACTICE FOR AN ATTORNEY TO ADVERTISE HIS SERVICES IN A FALSE, DECEPTIVE, OR MISLEADING MANNER; AND TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50 ALL RELATING TO FRIVOLOUS LAWSUITS AND SECTION 58-23-90 RELATING TO VENUE IN ACTIONS AGAINST LICENSED MOTOR CARRIERS. - ratified title
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| 12/08/04 | House | Prefiled |
| 12/08/04 | House | Referred to Committee on Judiciary |
| 01/11/05 | House | Introduced and read first time HJ-42 |
| 01/11/05 | House | Referred to Committee on Judiciary HJ-43 |
| 01/26/05 | House | Member(s) request name added as sponsor: Hagood |
| 02/09/05 | House | Committee report: Favorable with amendment Judiciary HJ-2 |
| 02/10/05 | House | Member(s) request name added as sponsor: Bowers, Young |
| 02/10/05 | Scrivener's error corrected | |
| 02/15/05 | House | Requests for debate-Rep(s). Cato, Leach, GR Smith, Loftis, Hamilton, Altman, Sinclair, JR Smith, Davenport, Skelton, Thompson, Weeks, and Mack HJ-20 |
| 02/16/05 | House | Amended HJ-24 |
| 02/16/05 | House | Read second time HJ-50 |
| 02/16/05 | House | Roll call Yeas-101 Nays-15 HJ-50 |
| 02/17/05 | House | Read third time and sent to Senate HJ-12 |
| 02/17/05 | Senate | Introduced and read first time SJ-7 |
| 02/17/05 | Senate | Referred to Committee on Judiciary SJ-7 |
| 02/17/05 | Scrivener's error corrected | |
| 03/03/05 | Senate | Recalled from Committee on Judiciary SJ-41 |
| 03/04/05 | Scrivener's error corrected | |
| 03/08/05 | Senate | Amended SJ-28 |
| 03/08/05 | Senate | Read second time SJ-28 |
| 03/08/05 | Senate | Unanimous consent for third reading on next legislative day SJ-28 |
| 03/09/05 | Senate | Reconsidered SJ-34 |
| 03/09/05 | Senate | Amended SJ-34 |
| 03/09/05 | Senate | Read third time and returned to House with amendments SJ-34 |
| 03/15/05 | House | Debate adjourned HJ-111 |
| 03/15/05 | House | Debate adjourned HJ-157 |
| 03/16/05 | House | Debate adjourned HJ-13 |
| 03/16/05 | House | Concurred in Senate amendment and enrolled HJ-38 |
| 03/16/05 | House | Roll call Yeas-115 Nays-0 HJ-85 |
| 03/17/05 | Ratified R 23 | |
| 03/21/05 | Signed By Governor | |
| 03/23/05 | Copies available | |
| 03/23/05 | Effective date See Act for Effective Date | |
| 04/13/05 | Act No. 27 |