The Committee on Judiciary proposeproposedd the following Amendment No. 1o H. 3530 (LC-3530.AHB0002H) :
Amend the bill, as and if amended, SECTION 3, by striking Section 22-1-15(D) and inserting:
(D) The provisions of Section 22-1-10(B)(2)(c) do not apply to a magistrate serving on June 30, 20252026, during his tenure in office including subsequent reappointments.Amend the bill further, SECTION 4, by striking Section 22-3-10 and inserting:
Section 22-3-10. (A) Magistrates have concurrent civil jurisdiction in the following cases:(1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seventwenty-five thousand five hundred dollars;
(2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed seventwenty-five thousand five hundred dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seventwenty-five thousand five hundred dollars;
(4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed seventwenty-five thousand five hundred dollars;
(5) in actions upon a bond conditioned for the payment of money, not exceeding seventwenty-five thousand five hundred dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;
(6) in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed seventwenty-five thousand five hundred dollars;
(7) in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure;
(8) to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed seventwenty-five thousand five hundred dollars;
(9) in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed seventwenty-five thousand five hundred dollars;
(10) in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41, of Title 27;
(11) in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of seventwenty-five thousand five hundred dollars;
(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seventwenty-five thousand five hundred dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land;
(13) in interpleader actions arising from real estate contracts for the recovery of earnest money, only if the sum claimed does not exceed seventwenty-five thousand five hundred dollars; and
(14) in actions for damages arising from a person's failure to return leased or rented personal property within seventy-two hours after the expiration of the lease or rental agreement, such damages to be based on the loss of revenue or replacement value of the property, whichever is less, if the damages claimed do not exceed seventwenty-five thousand five hundred dollars; however, the lease or rental agreement must set forth the manner in which the amount of the loss of revenue or replacement value of the item leased or rented is calculated.
(B) Limited discovery is allowed in magistrates court in actions provided in this section. The discovery allowed is limited to potential witness disclosures, records intended to be produced at trial, and self-authenticating medical records and bills.
Amend the bill further, by adding appropriately numbered SECTIONS to read:
SECTION X. Section 22-3-20 of the S.C. Code is amended to read:Section 22-3-20. No magistrate shall have cognizance of a civil action:
(1) Inin which the State is a party, except an action for a penalty and not exceeding one thousand five hundred dollars; or
(2) Whenwhen the title to real property shall come in question, except as provided in Article 11 of this chapter.
SECTION X. Article 1, Chapter 7, Title 18 of the S.C. Code is amended by adding:
Section 18-7-95. If a magistrate fails to comply with Sections 18-7-60, 18-7-70, or 18-7-80, or orders issued pursuant to these sections, an appellate court, in its discretion, may declare a magistrate unavailable as contemplated pursuant to Section 18-7-90.
Amend the bill further, SECTION 7, by striking Section and inserting:
SECTION 7. This act takes effect on July 1, 20252026; except that SECTION 4 takes effect on July 1, 2028, and SECTION 5 takes effect on July 1, 2030..Renumber sections to conform.
Amend title to conform.