H*3700(Rat #0402, Act #0354 of 2006)  General Bill, By Clemmons and Harrison
 AN ACT TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED,
 SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE
 THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED; AND TO AMEND
 SECTION 15-79-120, RELATING TO REQUIRED MEDIATION IN A MEDICAL MALPRACTICE
 ACTION, SO AS TO PROVIDE THAT IN ADDITION TO BINDING ARBITRATION, THE PARTIES
 ALSO MAY AGREE TO NONBINDING ARBITRATION, EARLY NEUTRAL EVALUATION, OR OTHER
 FORMS OF ALTERNATIVE DISPUTE RESOLUTION. - ratified title

   03/03/05  House  Introduced and read first time HJ-18
   03/03/05  House  Referred to Committee on Judiciary HJ-18
   04/13/05  House  Committee report: Favorable Judiciary HJ-3
   04/14/05         Scrivener's error corrected
   04/19/05  House  Requests for debate-Rep(s). Coates, Cobb-Hunter,
                     Funderburk, Howard, JH Neal, Clemmons, Ott,
                     Rutherford, Sinclair, JR Smith, Duncan, and
                     Leach HJ-26
   04/27/05  House  Requests for debate-Rep(s). Witherspoon and
                     Hardwick HJ-164
   04/27/05  House  Read second time HJ-166
   04/27/05  House  Roll call Yeas-101  Nays-3 HJ-166
   04/28/05  House  Read third time and sent to Senate HJ-28
   05/03/05  Senate Introduced and read first time SJ-23
   05/03/05  Senate Referred to Committee on Judiciary SJ-23
   05/09/05  Senate Referred to Subcommittee: Martin (ch), Malloy,
                     Campsen, Williams
   05/24/06  Senate Committee report: Favorable with amendment
                     Judiciary SJ-15
   05/25/06  Senate Amended SJ-155
   05/31/06  Senate Read second time SJ-135
   05/31/06  Senate Unanimous consent for third reading on next
                     legislative day SJ-135
   06/01/06  Senate Read third time and returned to House with
                     amendments SJ-40
   06/01/06  House  Concurred in Senate amendment and enrolled HJ-54
   06/07/06         Ratified R 402
   06/09/06         Signed By Governor
   06/16/06         Copies available
   06/16/06         Effective date 06/09/06
   06/23/06         Act No. 354

(A354, R402, H3700)

AN ACT TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED; AND TO AMEND SECTION 15-79-120, RELATING TO REQUIRED MEDIATION IN A MEDICAL MALPRACTICE ACTION, SO AS TO PROVIDE THAT IN ADDITION TO BINDING ARBITRATION, THE PARTIES ALSO MAY AGREE TO NONBINDING ARBITRATION, EARLY NEUTRAL EVALUATION, OR OTHER FORMS OF ALTERNATIVE DISPUTE RESOLUTION.

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

Civil actions, venue, landlord and tenant actions

SECTION    1.    Section 15-7-10 of the 1976 Code is amended to read:

"Section 15-7-10.    An action for the following causes must be tried in the county in which the subject of the action or some part of the property is situated, subject to the power of the court to change the place of trial in certain cases as provided in Section 15-7-100:

(1)    for the recovery of real property or of an estate or interest in real property, for the determination in any form of the right or interest, and for injuries to real property;

(2)    for the partition of real property;

(3)    for the foreclosure of a mortgage of real property;

(4)    for the recovery of personal property distrained for any cause; and

(5)    for all matters between landlord and tenant pursuant to Chapters 33 through 40 of Title 27 including, but not limited to, an action for (a) possession of land, (b) payment or collection of rent including collection of rent by distraint on a tenant's property, or (c) damage to or destruction of rental property."

Savings clause

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Civil actions, medical malpractice actions, mediation and arbitration

SECTION    3.    Section 15-79-120 of the 1976 Code, as added by Act 32 of 2005, is amended to read:

"Section 15-79-120.    At any time before a medical malpractice action is brought to trial, the parties shall participate in mediation governed by procedures established in the South Carolina Circuit Court Alternative Dispute Resolution Rules in effect at the time for the State or any portion of the State. Parties may also agree to participate in binding arbitration, nonbinding arbitration, early neutral evaluation, or other forms of alternative dispute resolution."

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 7th day of June, 2006.

Approved the 9th day of June, 2006.