South Carolina General Assembly
108th Session, 1989-1990

Bill 4628


                    Current Status

Bill Number:               4628
Ratification Number:       739
Act Number                 599
Introducing Body:          House
Subject:                   Amount of damages increased, age raised,
                           etc.
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A599, R739, H4628)

AN ACT TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR ANY OTHER PERSON IS ENTITLED TO RECOVER DAMAGES IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS FROM THE PARENTS OR LEGAL GUARDIAN OF THE PERSON OF A MINOR UNDER THE AGE OF EIGHTEEN YEARS AND RESIDING WITH THE PARENTS OR THE LEGAL GUARDIAN OF THE PERSON WHO MALICIOUSLY OR WILFULLY CAUSES PERSONAL INJURY TO THE INDIVIDUAL OR DESTROYS, DAMAGES, OR STEALS PROPERTY; AND TO AMEND SECTION 12-53-40, RELATING TO TAX COLLECTION BY THE STATE TAX COMMISSION AND COSTS AND FEES, SO AS TO INCREASE A CERTAIN SPECIFIED AMOUNT OF "ADDED COSTS" FROM TWO DOLLARS TO FIVE DOLLARS.

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

Amount of damages increased, age raised, etc.

SECTION 1. Section 20-7-340 of the 1976 Code is amended to read:

"Section 20-7-340. (A) The State of South Carolina, a political subdivision of the State, including, but not limited to, a school district, or any other person, including, but not limited to, an individual, a religious organization, a corporation, a partnership, or other entity, whether incorporated or unincorporated, is entitled to recover damages in an amount not to exceed five thousand dollars in a civil action in a court of competent jurisdiction from the parents or legal guardian of the person of a minor under the age of eighteen years and residing with the parents or the legal guardian of the person who maliciously or wilfully causes personal injury to the individual or destroys, damages, or steals property, real, personal, or mixed, belonging to the State of South Carolina, the political subdivision of the State, including, but not limited to, a school district, or other person, including, but not limited to, an individual, religious organization, corporation, partnership, or other entity, whether incorporated or unincorporated.

(B) Recovery under this section is limited to actual damages.

(C) Nothing in this section limits the application of the family purpose doctrine.

(D) The liability of parents or legal guardians under subsection (A) is joint and several with the minor for the injury or the destruction, damage, or theft, as the case may be, as long as the minor would have been liable for the injury or the destruction, damage, or theft if the minor had been an adult. Nothing in this section may be construed to relieve the minor from personal liability for the injury or the destruction, damage, or theft. The liability in this section is in addition to and not in lieu of other liability which may exist by law.

(E) This section does not apply to persons having custody or charge of a minor under the authority of a state agency or a county social services department or to state agencies or county departments of social services which have legal custody or charge of a minor."

Collection of tax executions, warrants, "costs added" amount increased

SECTION 2. Section 12-53-40 of the 1976 Code is amended to read:

"Section 12-53-40. Notwithstanding any other provision of law, there shall be added as costs to each warrant or tax execution collected, served, or recorded by a duly authorized representative of the commission an amount equivalent to five percent of the total of the warrant or tax execution or the sum of three dollars, whichever is the greater and, in addition, the sum of five dollars. Such costs, together with the costs of storage, advertising, and sale, shall be deducted from proceeds of sale before any other prior liens or claims are paid. Fee charged by clerks of court for the recording and satisfaction of warrants for distraint or tax executions issued by the commission shall be paid by the State Treasurer on proper warrant from the commission from funds appropriated by the General Assembly."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 25th day of June, 1990.