Indicates Matter Stricken
Indicates New Matter
Current Status Bill Number:4513 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980127 Primary Sponsor:Carnell All Sponsors:Carnell, Klauber, and McAbee Drafted Document Number:egm\18657djc.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Manufactured home park tenancy provisions, circuit and magistrate courts jurisdiction in claims; Mobile Homes
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980127 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 27-47-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINATION OF JURISDICTION AND SERVICE OF PROCESS WITH RESPECT TO A CLAIM ARISING FROM TRANSACTIONS SUBJECT TO THE MANUFACTURED HOME PARK TENANCY ACT, SO AS TO PROVIDE THAT THE CIRCUIT COURTS AND MAGISTRATE COURTS OF THIS STATE SHALL EXERCISE CONCURRENT JURISDICTION WITH RESPECT TO ANY CLAIM ARISING FROM A TRANSACTION TO WHICH THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT APPLIES, AND TO PROVIDE FOR THE DESIGNATION OF AGENTS FOR SERVICE OF PROCESS FOR OUT-OF-STATE LANDLORDS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 27-47-130 of the 1976, as added by Act 135 of 1991, Code is amended to read:
"Section 27-47-130. Jurisdiction and service of process must be determined pursuant to Section 27-40-130 with respect to a claim arising from a transaction to which this chapter applies.
(A) The circuit courts and magistrate courts of this State shall exercise concurrent jurisdiction over the landlord with respect to any conduct in this State governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by law, personal jurisdiction over a landlord may be acquired in a civil action or proceeding instituted in the court of common pleas or magistrate court by the service of process in the manner provided by this section.
(B) If a landlord is not a resident of this State or is a corporation not authorized to do business in this State and engaged in any conduct in this State governed by this chapter, or engaged in a transaction subject to this chapter, he may designate an agent upon whom service of process may be made in this State. The agent must be a resident of this State or a corporation authorized to do business in this State. The designation must be in writing and filed with the Secretary of State. If no designation is made and filed or if process cannot be served in this State upon the designated agent, process may be served upon the Secretary of State, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail requiring a signed receipt to the defendant or respondent at his last reasonably ascertainable address. An affidavit of compliance with this section must be filed with the court of the county wherein the action is instituted on or before the return day of the process, if any, or within any further time the court allows."
SECTION 2. This act takes effect upon approval by the Governor.