South Carolina General Assembly
116th Session, 2005-2006

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Bill 3700

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT AMENDED AND ADOPTED

May 25, 2006

H. 3700

Introduced by Reps. Clemmons and Harrison

S. Printed 5/25/06--S.

Read the first time May 3, 2005.

            

A BILL

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.

Amend Title To Conform

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

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

"Section 15-7-10.    Actions An action for the following causes must be tried in the county in which the subject of the action or some part thereof 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 for the recovery of real property or of an estate or interest therein or in real property, for the determination in any form of such the right or interest, and for injuries to real property;    (2)    For for the partition of real property;

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

(4)    For 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."

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founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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.

SECTION 3.    Section 15-79-120 of the 1976 Code 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, non-binding arbitration, early neutral evaluation, or other forms of alternative dispute resolution."

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

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