S 42 Session 112 (1997-1998)
S 0042 General Bill, By Passailaigue
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 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.
01/14/97 Senate Introduced and read first time SJ-98
01/14/97 Senate Referred to Committee on Judiciary SJ-98
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.
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