Bill 42

                    Current Status

Bill Number:                       42
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970114
Primary Sponsor:                   Passailaigue 
All Sponsors:                      Passailaigue 
Drafted Document Number:           s-res\passaila\res1159.elp
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Magistrate fees to issue
                                   summons, complaints, or service in
                                   civil actions increased,
                                   Courts

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19970114  Introduced, read first time,             11 SJ
                  referred to Committee

A BILL

TO AMEND SECTION 8-21-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES FEES, SO AS TO INCREASE THE FEE TO ISSUE A SUMMONS AND COMPLAINT IN A CIVIL ACTION FROM TWENTY-FIVE DOLLARS TO THIRTY-FIVE DOLLARS; TO AMEND SECTION 8-21-1060, RELATING TO MAGISTRATES FEES, SO AS TO INCREASE THE FEE FOR SERVICE IN A CIVIL ACTION FROM FIVE DOLLARS TO TEN DOLLARS; AND TO PROVIDE THAT THE ADDITIONAL REVENUE MUST BE USED BY THE COUNTY FOR CAPITAL IMPROVEMENTS.

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

SECTION 1. Section 8-21-1010 of the 1976 Code is amended to read:

"Section 8-21-1010. Except as otherwise expressly provided, the following fees and costs must be collected by the magistrates and deposited in the general fund of the county:

(1) for taking civil recognizance, with or without sureties, five dollars;

(2) for granting an order for civil special bail, with or without sureties, five dollars;

(3) for receiving and filing bond in claim and delivery, attachment, five dollars; if justification of sureties required, an additional five dollars;

(4) for administering and certifying oaths or documents in writing, two dollars;

(5) for issuing any prerogative writ, five dollars;

(6) in all civil actions, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, twenty-five thirty-five dollars;

(7) for issuing execution and renewal thereof, ten dollars;

(8) for making up, certifying, and forwarding a transcript of record and judgment in a case for purpose of appeal, ten dollars;

(9) for proceedings by a landlord or lessor against a tenant or lessee, including notices to quit, eviction orders, or recovery of rents, ten dollars;

(10) for proceedings on a coroner's inquest, as prescribed by law, ten dollars, if inquest is demanded by a party other than the State or county or authorized officer of either;

(11) for proceeding on estrays, including judgment for possession, sale, or damages, ten dollars;

(12) for qualifying appraisers to set off homestead or qualifying sureties on a bond posted in a case, including bail bonds, five dollars;

(13) for each tax execution collected, five dollars;

(14) for filing or issuing any other paper not provided for in this section, five dollars.

No fees or costs may be assessed against a party for summoning jurors or expense of jury service in a criminal case in which a trial by jury is had.

Of the thirty-five dollar fee collected pursuant to item (6), ten dollars must be remitted to the county to be used exclusively for capital improvements, meaning the constructing, improving, equipping, renovating and repairing of county buildings or facilities used by the magistrate's or circuit court, and debt service on such existing projects. If the county governing body finds the county does not need such capital improvements, then the revenue must be used for other purposes directly related to the legal system, including the judiciary, the solicitor's office, the county sheriff's office, and the public defender's office."

SECTION 2. Section 8-21-1060 of the 1976 Code is amended to read:

"Section 8-21-1060. Except as otherwise expressly provided, the following fees and costs must be collected by the magistrate or his officers and deposited in the general fund of the county:

(1) for summoning a witness to magistrate court in a civil action, three dollars, plus mileage at the current state rate;

(2) for summoning the jury panel to try a civil action in magistrate court, five dollars, to be taxed against the losing party;

(3) for summoning a coroner's jury and witnesses, five dollars, and mileage, to be paid only if inquest is demanded by person other than the State, county, or authorized officer thereof;

(4) for serving summons, rule, order, or notice by a magistrate in a civil action, five ten dollars, plus mileage;

(5) for serving an attachment or civil arrest on a person and making return thereof, five dollars, plus mileage;

(6) for selling an estray, five percent of the sale proceeds;

(7) for levying execution, posting notice of sale, conducting sale, and paying over proceeds in a magistrate court action, ten dollars;

(8) for serving warrants, or any other criminal process, and for conveying prisoners by order of the magistrate or other court, mileage as permitted under Section 8-21-1040.

Of the ten dollars collected pursuant to item (4), five dollars must be remitted to the county to be used exclusively for capital improvements, meaning the constructing, improving, equipping, renovating and repairing of county buildings or facilities used by the magistrate's or circuit court, and debt service on such existing projects. If the county governing body finds the county does not need such capital improvements, then the revenue must be used for other purposes directly related to the legal system, including the judiciary, the solicitor's office, the county sheriff's office, and the public defender's office."

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