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H. 4457
STATUS INFORMATION
General Bill
Sponsors: Reps. Harrison, Delleney, W.D. Smith, Talley, Clemmons, Cotty, Walker, Kirsh and Mahaffey
Document Path: l:\council\bills\pt\1777ahb04.doc
Introduced in the House on January 13, 2004
Currently residing in the House Committee on Judiciary
Summary: Trial venues; definitions for determining corporation's principle place of business
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/17/2003 House Prefiled 12/17/2003 House Referred to Committee on Judiciary 1/13/2004 House Introduced and read first time HJ-81 1/13/2004 House Referred to Committee on Judiciary HJ-82
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 15-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS THAT MUST BE TRIED IN THE COUNTY WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING A CORPORATION'S PRINCIPLE PLACE OF BUSINESS; TO AMEND SECTION 15-7-100, RELATING TO CHANGING THE PLACE OF TRIAL, SO AS TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER TO CHANGE THE PLACE OF TRIAL; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION BASED UPON CONDUCT, SO AS TO CLARIFY THAT THE SECTION APPLIES ONLY TO CAUSES OF ACTION SPECIFICALLY ENUMERATED IN THIS SECTION; AND TO REPEAL SECTION 58-23-90, RELATING TO THE PROPER VENUE TO BRING AN ACTION AGAINST A LICENSED MOTOR CARRIER.
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 of the 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 of the State.
(9) 'Nonresident individual' means a person who is not domiciled in this State.
(10) 'Principle place of business' means:
(a) the corporation's home office location from which the corporation's officers direct, control, or coordinate its activities within the State;
(b) the location of the corporation's manufacturing, sales, or purchasing facility within the State if the corporation does not have a home office within the State; or
(c) the location at which the majority of corporate activity takes place if the corporation has multiple centers of manufacturing, sales, or purchasing located within the State. The following factors may be considered when determining the location at which the majority of corporate activity takes place:
(i) the number of employees located in any one county;
(ii) the authority of the employees located in any one county;
(iii) the tangible corporate assets that exist in any one county.
(11) 'Resident individual' means a person who is domiciled in this State.
(B) In all other cases not provided for in Section 15-7-10 or 15-7-20, 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 an 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) plaintiff resides at the time the cause of action arose;
(2) defendant resides at the time the cause of action arose; or
(3) cause of action arose.
(D) A civil action tried pursuant to this section against a nonresident individual must be brought and tried in the county in which the:
(1) plaintiff resides at the time the cause of action arose; or
(2) 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) plaintiff resides at the time the cause of action arose;
(2) corporation's principle place of business at the time the cause of action arose; or
(3) cause of action arose.
(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) plaintiff resides at the time the cause of action arose;
(2) foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principle place of business in this State at the time the cause of action arose; or
(3) cause of action arose."
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
(3) When the convenience of witnesses and the ends of justice would be promoted by the change.
(B) In determining if the place of trial should be changed pursuant to subsection (A)(3), the court shall consider:
(1) the relative ease of access to the sources of proof;
(2) witness availability and costs of obtaining attendance of a witness;
(3) the possibility of viewing premises, if applicable to the action;
(4) ease, time, efficiency, and expense incurred trying the case;
(5) enforceability of a judgment if one is obtained;
(6) administrative difficulties for South Carolina courts;
(7) local interests in the trial; and
(8) difficulties for South Carolina courts arising from conflict of laws and interpretation of foreign laws.
(C) 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 The papers shall must be filed or transferred accordingly."
SECTION 3. Section 36-2-803(2) of the 1976 Code is amended to read:
"(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 the action, if brought in this State, shall is not be subject to the provisions of Section 15-7-100(3). This section applies only to causes of action specifically enumerated in this section."
SECTION 4. Section 58-23-90 of the 1976 Code is repealed.
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this section, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. 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.
SECTION 7. This act takes effect upon approval by the Governor and applies to a cause of action arising on or after the effective date of this act.
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