Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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service under the provisions of Section 46-33-40 may be made by serving such process upon the Secretary of State Attorney General."

SECTION 112. Section 15-63-200 of the 1976 Code is amended to read:

"Section 15-63-200. Upon the rendition of such judgment against a corporation or for the vacating or annulling of letters patent the Attorney General shall cause a copy of the judgment roll to be forthwith filed in the his office of the Secretary of State."

SECTION 113. Section 15-63-210 of the 1976 Code is amended to read:

"Section 15-63-210. The Secretary of State Attorney General shall, upon the filing of a copy of the judgment roll, if the record relates to letters patent, make an entry in the records of his office of the substance and effect of such judgment and of the time when the record thereof was docketed. The real property granted by such letters patent may thereafter be disposed of in the same manner as if such letters patent had never been issued."

SECTION 114. Section 15-78-30(c) of the 1976 Code, as last amended by Act 380 of 1994, is further amended to read:

"(c) Prior to January 1, 1989, `Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.

On or after January 1, 1989, `Employee' means any officer, employee, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession,

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with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State Department of Commerce."

SECTION 115. Section 15-78-70(c) of the 1976 Code, as last amended by Act 380 of 1994, is amended to read:

"(c) Prior to January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section may in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.

On or after January 1, 1989, a person, when bringing an action against a governmental entity under the provisions of this chapter, shall name as a party defendant only the agency or political subdivision for which the employee was acting and is not required to name the employee individually, unless the agency or political subdivision for which the employee was acting cannot be determined at the time the action is instituted. In the event that the employee is individually named, the agency or political subdivision for which the employee was acting must be substituted as the party defendant. The provisions of this section in no way shall limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State Department of Commerce."

SECTION 116. Section 15-78-120(a)(5) of the 1976 Code, as last amended by Section 4, Act 380 of 1994, is further amended to read:

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"(5) The provisions of Section 15-78-120(a)(3) and (a)(4) shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State Department of Commerce."

SECTION 117. Section 16-17-40 of the 1976 Code is amended to read:

"Section 16-17-40. Any corporation or unincorporated association found guilty of the crime of barratry shall be forever barred from doing any business or carrying on any activity within this State, and in the case of a corporation its charter or certificate of domestication shall be summarily revoked by the Secretary of State Department of Commerce."

SECTION 118. Section 17-13-80 of the 1976 Code, as last amended by Section 277, Act 181 of 1993, is further amended to read:

"Section 17-13-80. Whenever a warrant has been issued against a corporation under the provisions of Section 22-3-750 or an indictment has been returned against it under the provisions of Section 17-19-70, a copy of the warrant or indictment, accompanied in the case of an indictment by a notice to such corporation of the term of the court of general sessions at which such case shall be tried, shall be served upon such corporation in the manner provided by law for the service of process in civil actions. And when there is no agent or officer of the company within the county the service shall be made upon such person as is in charge of the property of the corporation and, if no such person can be found, it shall be served upon the Secretary of State Attorney General, who shall transmit a copy of the warrant or indictment and notice by mail to the last known residence of the managing officer of the corporation, directed to such officer; provided, that in the case of a foreign corporation if such foreign corporation have no agent or other officer within the county in which the offense, or some part thereof, has been committed then process shall be served on the person appointed by such corporation to receive service of process as now required by law regulating foreign corporations or upon the Director of the Department of Insurance when by law service of process in civil actions may be made upon the Director of the Department of Insurance and such service shall be made in the same manner provided by law for service of summons in civil actions against such corporations."

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SECTION 119. Section 22-1-20 of the 1976 Code is amended to read:

"Section 22-1-20. Before entering upon the discharge of the duties of his office, each magistrate must take in writing the oath of office prescribed in the Constitution before the clerk of the court of common pleas of the county or, in case there be no such clerk, before anyone authorized to administer an oath, and must file the same with the Secretary of State Governor."

SECTION 120. Section 23-7-30 of the 1976 Code is amended to read:

"Section 23-7-30. All special State constables appointed under this chapter shall be required to take the oath prescribed by Article III Section 26 of the Constitution of 1895. Every such special State constable shall give and file in the office of the Secretary of State Governor a surety bond in the penal sum of two thousand dollars conditioned upon the faithful performance of his duties and further conditioned upon the payment of any judgment recovered against him in any court of competent jurisdiction upon a claim or cause of action arising out of a breach or abuse of official duty or power or other unlawful act committed under color of office."

SECTION 121. Section 25-1-330 of the 1976 Code is amended to read:

"Section 25-1-330. Before entering upon his official duties, the Adjutant General shall execute an official bond running to the State in the penal sum of ten thousand dollars, conditioned upon the faithful performance of his duties, such bond to be submitted to the Attorney General for approval and when approved to be filed in the office of the Secretary of State Governor. The cost of such bonds shall be paid from the military fund of the State. The Adjutant General shall obtain and pay for, from the military fund, surety company bonds running to the State, in such amounts as prescribed by the Adjutant General, covering all the officers of the National Guard of South Carolina responsible to the State for money or military property, such bonds to be approved and filed in the same manner as the Adjutant General's bond."

SECTION 122. Section 26-1-10 of the 1976 Code is amended to read:

"Section 26-1-10. The Governor may appoint from the qualified electors as many notaries public throughout the State as the public good shall require, to hold their offices for a term of ten years. A commission shall be issued to each notary public so appointed and the record of such appointment shall be filed in the his office of the Secretary of State. All commissions issued or renewed after July 1, 1967 shall be for the

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specified term. All commissions issued prior to July 1, 1967, unless renewed for the term herein provided, shall expire and terminate on January 1, 1970 for any person whose last name begins with A through K and on January 1, 1971 for any person whose last name begins with L through Z."

SECTION 123. Section 26-1-20 of the 1976 Code is amended to read:

"Section 26-1-20. Each county legislative delegation shall determine whether the endorsement of notaries public must be by (1) one-half of the members of the legislative delegation representing that county in which the applicant resides or, (2) endorsement by the Senator and Representative in whose district the applicant resides, without other endorsers. Each county legislative delegation shall notify the Secretary of State Governor in writing if it chooses to utilize method (2) within the individual county. If the county legislative delegation chooses to utilize method (2), the applicant, Senator, and Representative shall indicate their respective districts on the application provided to the Secretary of State Governor. If the office of Senator or Representative from that district is vacant at the time the application is submitted, the notary public may be appointed upon the endorsement of a majority of the legislative delegation representing the county in which the applicant resides."

SECTION 124. Section 26-1-30 of the 1976 Code is amended to read:

"Section 26-1-30. The fee for the issuance or renewal of a commission is twenty-five dollars, collected by the Secretary of State Governor as other fees."

SECTION 125. Section 26-1-40 of the 1976 Code is amended to read:

"Section 26-1-40. Every notary public shall take the oath of office prescribed by the Constitution, certified copies of which shall be recorded in the office of the Secretary of State Governor."

SECTION 126. Section 26-1-70 of the 1976 Code is amended to read:

"Section 26-1-70. Any notary public whose name is legally changed during his term of office may apply to the Secretary of State Governor in such manner as may be prescribed by him, and the Secretary of State Governor may change the name of the notary upon proper application and upon payment of a fee of ten dollars. The term expires at the same time as the original term."

SECTION 127. Section 26-1-95 of the 1976 Code is amended to read:

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"Section 26-1-95. A notary public who, in his official capacity, falsely certifies to affirming, swearing, or acknowledging of a person or his signature to an instrument, affidavit, or writing is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A notary public convicted under the provisions of this section shall forfeit his commission and shall not be issued another commission. The court in which the notary public is convicted shall notify the Secretary of State Governor within ten days after conviction."

SECTION 128. Section 27-15-30 of the 1976 Code is amended to read:

"Section 27-15-30. All the reversionary right, title and interest of this State in and to the Catawba Indian lands, situated in the counties of York and Lancaster, within a boundary of fifteen miles square and which are represented in the plat of survey made by Samuel Wiley, dated February 22, 1764 and now on file in the office of the then Secretary of State, are hereby vested in the persons who may hold such lands as lessees of the Catawba Indians, their heirs and assigns, according to the location of their respective leases."

SECTION 129. Section 27-15-40 of the 1976 Code is amended to read:

"Section 27-15-40. Each lessee of the Catawba Indian lands who shall deposit with the then Secretary of State his lease and also the receipt or receipts of the former tax collector of the county wherein such lands may be situated for such taxes as may have been paid thereon, as heretofore required by law, shall be entitled to locate and receive a grant from the State (in the manner provided by law for granting vacant lands) for the land held by him under lease, upon payment of the usual fees, and thenceforth hold the land so granted in the same right as any other lands granted by this State are held."

SECTION 130. Section 27-16-30(12) of the 1976 Code, as added by Act 142 of 1993, is amended to read:

"(12) `Settlement Agreement' means the written `Agreement in Principle' reached between the State and the Tribe and attached to the copy of the act enacting this chapter signed by the Governor and filed with the then Secretary of State."

SECTION 131. Section 27-16-140(C) of the 1976 Code, as added by Act 142 of 1993, is amended to read:

"(C) Whenever possible, this chapter must be construed in a manner consistent with the Settlement Agreement. If there is a conflict between this chapter and the Settlement Agreement, this chapter governs. The

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Settlement Agreement must be maintained on file and available for public inspection in the Office of the Secretary of State Governor and in the offices of the Clerks of Court for York and Lancaster Counties. Copies must be made available upon request upon the payment of reasonable and normal copying fees."

SECTION 132. Section 27-19-10 of the 1976 Code is amended to read:

"Section 27-19-10. The Secretary of State Governor, in every case when, on his knowledge or belief or on the information of another, certain lands have been escheated to the State by the death of the person last seized in fee simple, either in law or in fact, without leaving any person who can lawfully claim such lands either by purchase or descent from such former proprietor, shall, on such knowledge or information or the order of any court of record, issue his notification of such supposedly escheated lands to one of the judges of the circuit court at least two months previous to the next session of such court to be held in the county where such lands lie."

SECTION 133. Section 27-19-20 of the 1976 Code is amended to read:

"Section 27-19-20. The judge presiding at such court shall cause a jury, being first duly sworn, to proceed and make a true inquest of all such supposedly escheated lands which by the Secretary of State Governor shall be subjected to their investigation and a true verdict made thereon. Thereupon the judge of the court shall certify such verdict, under his hand and the seal of the court, to the Secretary of State Governor who shall record it in a book to be kept by him for that purpose and shall return the original within two months after the date thereof into the office of the clerk of the court, to be there filed and kept as a record thereof."

SECTION 134. Section 27-19-30 of the 1976 Code is amended to read:

"Section 27-19-30. On the return of any inquest of supposedly escheated lands by the Secretary of State Governor into the office of the clerk of the county in which the lands lie, the clerk shall thereupon cause to be advertised, in a newspaper of the county or other nearest gazette, the first week in every month, for six months, a notice containing a particular description of the lands, the name of the person last seized and the supposed time of his death, together with the part of the world in which he was supposed to have been born, and requiring his heirs or others claiming under him to appear and make claim."

SECTION 135. Section 27-19-50 of the 1976 Code is amended to read:

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"Section 27-19-50. If any suit for property supposed to be escheated shall be prosecuted by the Secretary of State Governor and the jury before whom the trial shall be had shall think there is no probable cause, the jury shall assess and award to the party aggrieved such damages as they shall think proper."

SECTION 136. Section 27-19-60 of the 1976 Code is amended to read:

"Section 27-19-60. When no claimant shall appear to make title as aforesaid, the Secretary of State Governor shall rent out the escheated lands, if it can be done with advantage to the State, until the process of escheat shall be concluded and the lands sold."

SECTION 137. Section 27-19-70 of the 1976 Code is amended to read:

"Section 27-19-70. If no person shall appear and claim lands within twelve months after the expiration of the time prescribed for advertising, the clerk shall issue process, to be signed by the judge of the circuit court of the county, to the Secretary of State Governor, pronouncing the lands escheated and vested according to law and directing him forthwith to sell and convey them upon the usual notice."

SECTION 138. Section 27-19-80 of the 1976 Code is amended to read:

"Section 27-19-80. As soon as the Secretary of State Governor shall receive the process in Section 27-19-70 mentioned, he shall advertise the sale of such lands in a newspaper of the county or other nearest gazette and also in the most public places of the county in which the lands lie, giving six weeks' public notice, on a credit of twelve months, payable in lawful money. He shall, moreover, take good and sufficient surety and a mortgage of the premises before the title shall be altered or changed."

SECTION 139. Section 27-19-90 of the 1976 Code is amended to read:

"Section 27-19-90. When any such lands shall exceed six hundred acres and can be divided into smaller tracts with advantage to the State in the sale thereof, the Secretary of State Governor shall cause them to be divided in such manner as shall be most beneficial to the State."

SECTION 140. Section 27-19-100 of the 1976 Code is amended to read:

"Section 27-19-100. At any sale of escheated property, if, in his judgment, the property is being sold at a sacrifice, the Secretary of State Governor may buy the land for the State Budget and Control Board or cause it to be so bid in and, upon payment of the costs accrued thereon, may cause the title deed to be made therefor as escheated property to the

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State Budget and Control Board which shall rent or sell the property in such manner, at such time and upon such terms as, in its judgment, shall be for the best interests of the State and apply the proceeds thereof as directed in Section 27-19-340."

SECTION 141. Section 27-19-210 of the 1976 Code is amended to read:

"Section 27-19-210. When any moneys or other personal estate shall be found in the hands of an executor or administrator, being the property of any person deceased leaving no person entitled to claim and without making disposition of them, the Secretary of State or the Attorney General, on behalf of the State, shall sue for and recover and pay any moneys so recovered into the State Treasury."

SECTION 142. Section 27-19-310 of the 1976 Code is amended to read:

"Section 27-19-310. The duties of escheator are devolved upon the Secretary of State Attorney General as agent of the State Budget and Control Board and as escheator the Secretary of State Attorney General shall act under the direction and control of the State Budget and Control Board and, under the direction of the Board, may use such of the funds and the services of such subagents of the Board as in its discretion may be necessary to efficiency in discovering, renting, litigating and realizing money from escheated lands under existing law."

SECTION 143. Section 27-19-320 of the 1976 Code is amended to read:

"Section 27-19-320. The Secretary of State Attorney General shall not, directly or indirectly, either by himself or any person whomsoever, purchase or be concerned with any person in purchasing any escheated lands, without being subject and liable to the payment of five thousand dollars, to be sued for and recovered in any court of record, one half for the benefit of the informer, who shall sue for and recover such penalty, and the other half to be applied to the use of the State. And such Secretary of State The Attorney General shall also be rendered incapable of holding or exercising any office of trust or emolument therein."

SECTION 144. Section 27-19-330 of the 1976 Code is amended to read:

"Section 27-19-330. When any person shall appear and make title to lands or personal estate, after office found by the jury, the court may assess such reasonable costs and charges as the Secretary of State Attorney General has sustained in promoting the claim of the State."

SECTION 145. Section 27-19-340 of the 1976 Code is amended to read:

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"Section 27-19-340. The Secretary of State Attorney General shall turn over to the State Treasurer the net proceeds of escheats after deducting and retaining therefrom for the benefit of the Sinking Fund so much money as in the opinion of the State Budget and Control Board will reimburse the Sinking Fund for moneys and agents' services used and advanced as aforesaid and also any other expense necessarily incurred in executing the law and protecting the interest of the State in the matter of escheats. Costs and expenses incurred as aforesaid on account of agents' services and money advanced or otherwise in one case may be deducted and retained from the proceeds of any other case of escheatment in the discretion of the State Budget and Control Board."

SECTION 146. Section 27-19-360 of the 1976 Code is amended to read:

"Section 27-19-360. A report shall be made annually by the Secretary of State Attorney General, to be included in his annual report, showing the receipts and payments under the provisions of this chapter in each case of escheat, with the items thereof. In case any escheated property be purchased by the State Budget and Control Board, its annual report shall show all resales of such property and all income, rents and profits derived from such property while held by the Board."

SECTION 147. Section 27-19-370 of the 1976 Code is amended to read:

"Section 27-19-370. If the Secretary of State Attorney General shall fail to do his duty, as herein directed, on behalf of the State and any loss or damage shall accrue to the State by his misconduct or fraudulent practices, he shall be responsible for all such loss or damage and the court of common pleas may order a prosecution in the name of the State. A jury shall try the fact and assess the damage and, upon conviction, such Secretary of State Attorney General shall be incapable forever thereafter from holding or exercising any office of trust or profit within this State."

SECTION 148. Section 27-19-390 of the 1976 Code is amended to read:

"Section 27-19-390. The provisions of this chapter are complementary to and not in derogation of the `Uniform Disposition of Unclaimed Property Act' as contained in the permanent provisions of Chapter 18 of this title. All personal property for which provision is made in that chapter shall be disposed of as therein provided and the Secretary of State Attorney General is relieved of all responsibility assigned to him in this chapter for such property."

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