H*3516(Rat #0203, Act #0180 of 2004)  General Bill, By Vaughn, Whipper, 
Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, 
Mahaffey, Sinclair, Snow, Stille, Taylor, Cotty and Edge
 AN ACT TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO ADD TO THE
 LIST OF CASES OVER WHICH MAGISTRATES HAVE CONCURRENT CIVIL JURISDICTION
 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, TO PROVIDE SUCH DAMAGES TO BE BASED ON THE LOSS OF
 REVENUE OR REPLACEMENT VALUE OF THE PROPERTY, WHICHEVER IS LESS, AND TO
 REQUIRE THAT THE LEASE OR RENTAL AGREEMENT SHALL SPECIFY THE MANNER IN WHICH
 THE CALCULATION OF THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY
 SHALL BE CALCULATED. - ratified title

   02/05/03  House  Introduced and read first time HJ-18
   02/05/03  House  Referred to Committee on Judiciary HJ-18
   02/13/03  House  Member(s) request name added as sponsor: Cotty
   04/09/03  House  Committee report: Favorable with amendment
                     Judiciary HJ-9
   04/10/03  House  Member(s) request name added as sponsor: Edge
   04/10/03  House  Amended HJ-24
   04/10/03  House  Read second time HJ-25
   04/10/03  House  Unanimous consent for third reading on next
                     legislative day HJ-25
   04/11/03  House  Read third time and sent to Senate HJ-4
   04/15/03  Senate Introduced and read first time SJ-49
   04/15/03  Senate Referred to Committee on Judiciary SJ-49
   02/04/04  Senate Committee report: Favorable with amendment
                     Judiciary SJ-40
   02/05/04  Senate Amended SJ-31
   02/11/04  Senate Read second time SJ-49
   02/17/04  Senate Read third time and returned to House with
                     amendments SJ-11
   02/19/04  House  Debate adjourned on amendments HJ-43
   02/25/04  House  Concurred in Senate amendment and enrolled HJ-47
   03/02/04         Ratified R 203
   03/05/04         Signed By Governor
   03/10/04         Copies available
   03/10/04         Effective date 03/05/04
   03/23/04         Act No. 180

(A180, R203, H3516)

AN ACT TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO ADD TO THE LIST OF CASES OVER WHICH MAGISTRATES HAVE CONCURRENT CIVIL JURISDICTION 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, TO PROVIDE SUCH DAMAGES TO BE BASED ON THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY, WHICHEVER IS LESS, AND TO REQUIRE THAT THE LEASE OR RENTAL AGREEMENT SHALL SPECIFY THE MANNER IN WHICH THE CALCULATION OF THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY SHALL BE CALCULATED.

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

Magistrates civil jurisdiction expanded

SECTION    1.    Section 22-3-10 of the 1976 Code, as last amended by Act 184 of 2002, is further amended to read:

"Section 22-3-10.    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 seven 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 seven thousand five hundred dollars;

(3)    in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seven 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 seven thousand five hundred dollars;

(5)    in actions upon a bond conditioned for the payment of money, not exceeding seven 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 seven 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 seven 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 seven 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 seven thousand five hundred dollars;

(12)    in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven 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 seven 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 seven 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."

Savings clause

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.

Time effective

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

Ratified the 2nd day of March, 2004.

Approved the 5th day of March, 2004.