H 3586 Session 112 (1997-1998)
H 3586 General Bill, By Harrison
A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390,
RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS;
4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY
BOARD OF ADJUSTMENT CASES.-SHORT TITLE
03/03/97 House Introduced and read first time HJ-7
03/03/97 House Referred to Committee on Judiciary HJ-9
04/09/97 House Committee report: Favorable Judiciary HJ-6
04/15/97 House Read second time HJ-12
04/16/97 House Read third time and sent to Senate HJ-26
04/17/97 Senate Introduced and read first time SJ-6
04/17/97 Senate Referred to Committee on Judiciary SJ-6
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 9, 1997
H. 3586
Introduced by Rep. Harrison
S. Printed 4/9/97--H.
Read the first time March 3, 1997.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 3586), to amend Sections 1-3-250,
as amended, Code of Laws of South Carolina, 1976, relating to
appeals of officers removed by the Governor, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
JAMES H. HARRISON, for Committee.
A BILL
TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS
OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390,
RELATING TO JUDICIAL REVIEW OF CERTAIN
ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320,
RELATING TO APPEALS OF CIRCUIT COURT DECISIONS
INVOLVING COUNTY BOARD OF ADJUSTMENT CASES;
4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY
PLANNING CASES; 6-7-790, RELATING TO APPEALS OF
ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF
BOARD OF ZONING APPEALS DECISIONS; 6-29-940,
RELATING TO APPEALS OF BOARD OF ARCHITECTURAL
REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS
FROM FINAL JUDGMENTS ENTERED BY A
MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL
REVIEWS OF POST-CONVICTION RELIEF DECISIONS;
20-7-2220, RELATING TO APPEALS OF FAMILY COURT
DECISIONS PERTAINING TO THE COMMITMENT OR
CUSTODY OF CHILDREN; 34-29-180, RELATING TO
JUDICIAL REVIEW OF CONSUMER FINANCE LAW
DECISIONS; 37-6-108, AS AMENDED, RELATING TO REVIEW
OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE
ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER
AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF
CONTESTED CASES UNDER THE CONSUMER PROTECTION
CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF
CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS;
41-31-630 AND 41-35-750, RELATING TO APPEAL OF
CERTAIN EMPLOYMENT SECURITY COMMISSION
DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL
OF CERTAIN WORKERS' COMPENSATION COMMISSION
AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE
COURT ORDERS REGARDING THE COMMITMENT OF
MENTALLY ILL PERSONS; 49-19-1080, RELATING TO
APPEAL OF DRAINAGE AND WATER RECLAMATION
DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF
DEPARTMENT OF TRANSPORTATION DECISIONS
PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD
ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC
SERVICE COMMISSION DECISIONS PERTAINING TO GAS,
HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470,
RELATING TO APPEALS OF ORDERS OF THE PUBLIC
SERVICE COMMISSION PERTAINING TO TELEPHONE AND
TELEGRAPH COMPANIES; 59-25-260, RELATING TO
APPEALS OF STATE BOARD OF EDUCATION ORDERS
PERTAINING TO TEACHERS; 59-25-480, RELATING TO
APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES'
DECISIONS PERTAINING TO TEACHERS; AND 59-25-830,
RELATING TO DECISIONS OF STATE BOARD OF
EDUCATION PERTAINING TO DISCRIMINATION AGAINST
TEACHERS, SO AS TO FURTHER PROVIDE FOR THE
MANNER IN WHICH THESE APPEALS OR REVIEWS MUST
BE TAKEN INCLUDING AS PROVIDED BY THE SOUTH
CAROLINA APPELLATE COURT RULES; TO AMEND
SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO
THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL;
2-13-60, RELATING TO DUTIES OF THE CODE
COMMISSIONER; 2-13-80, RELATING TO ANNUAL
CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA
CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF
A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210,
RELATING TO REVIEW BY THE SUPREME COURT OF
COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO
THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL
REMEDIES AND PROCEDURES; 15-1-260, RELATING TO
PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550,
RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS;
17-4-70, RELATING TO DUTIES OF THE OFFICE OF
APPELLATE DEFENSE; 17-15-200, RELATING TO PERSONS
TO WHOM A DEPOSIT IN LIEU OF BOND OR
RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO
CERTAIN DEFINITIONS IN REGARD TO CIVIL AND
CRIMINAL APPEALS; 18-9-10, AS AMENDED, 18-9-30, 18-9-40,
AND 18-9-270, ALL RELATING TO APPEALS TO THE
SUPREME COURT; 27-40-800, RELATING TO LANDLORD
AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING
TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER
HAS REFUSED TO PAY A CLAIM AND APPEALS
THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF
ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO
PAY A CLAIM AND APPEALS THEREFROM; 39-3-190,
RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY
PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650,
RELATING TO LIMITATIONS ON CERTAIN WORKERS'
COMPENSATION ACTIONS; 50-5-130, AS AMENDED,
RELATING TO PROSECUTION OF FISH, GAME, AND
WATERCRAFT VIOLATORS; 59-25-270, RELATING TO
REVOCATION OR SUSPENSION OF TEACHERS'
CERTIFICATES AND APPEALS THEREFROM; 62-1-308, AS
AMENDED, RELATING TO APPEALS FROM THE PROBATE
COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO
AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF
APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE
COURT OF APPEALS OR OTHER COURTS; TO AMEND
SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE
STATE IN THE SUPREME COURT BY THE ATTORNEY
GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO
THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING
OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO
INCLUDE THE COURT OF APPEALS THEREIN AND DELETE
VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO
JURISDICTION OF THE COURT OF APPEALS, SO AS TO
FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260,
RELATING TO DETERMINATION OF CASES ASSIGNED TO
THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE
SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR
NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY
WITH THE SUPREME COURT OR COURT OF APPEALS AND
TO ESTABLISH PROCEDURES FOR THE FILING OF THESE
NOTICES OF APPEAL; 15-51-42, AS AMENDED, RELATING
TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH
OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE
PARTICULAR COURTS TO WHICH CERTAIN PETITIONS
SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS
OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF
DOCUMENTS; 18-9-160, RELATING TO STAYING A
JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220,
RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER
COURT PROCEEDINGS, SO AS TO SPECIFY WHICH
APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN
ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD
THERETO; TO REPEAL SECTIONS 14-8-540, RELATING TO
PROCEDURES FOR APPEALS TO THE COURT OF APPEALS;
15-37-150, RELATING TO CASES ON APPEAL TO THE
SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME
TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING
INDIGENT PERSONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 1-3-250 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 1-3-250. An officer, other than a state officer
appointed by the Governor pursuant to subsection (B) of Section
1-3-240, shall have the right of appeal from any order of removal by
the Governor under Section 1-3-240 to the resident or presiding judge
of the circuit in which the officer resides. The judge shall hear and
determine the appeal both as to law and fact upon the record as made
before the Governor and upon such additional evidence as he shall
see fit to allow. The notice of appeal shall be served upon the
Governor, or his secretary, within five days after the service upon the
officer of the order of the Governor removing him and shall state the
grounds thereof and name the circuit judge to whom the appeal is
taken. Thereupon Then the Governor shall
forthwith transmit to the judge the record in the case,
including a copy of the order of removal, grounds of removal,
evidence in support thereof of removal and return of
service, and any other matter which in his judgment may be
considered by the court. The circuit judge shall within twenty
days after the taking of the appeal, or in such shorter time as may be
practical, shall hear and determine the appeal, after giving
to the parties reasonable notice of the time and place of hearing.
Appeal from the judgment of the circuit judge to the Supreme
Court may be had as in any other appeal at law. The hearing may
be had and judgment may be rendered in open court, or at chambers
within or without the circuit. Any appeal from the order of the
circuit court must be taken in the manner provided by the South
Carolina Appellate Court Rules."
SECTION 2. Section 1-7-40 of the 1976 Code is amended to read:
"Section 1-7-40. He shall appear for the State in the
Supreme Court and the Court of Appeals in the trial and
argument in such Court of all causes, criminal and civil, in
which the State is a party or interested, and in such causes in any
other court or tribunal when required by the Governor or either
branch of the General Assembly."
SECTION 3. Section 1-7-140(1) of the 1976 Code is amended to
read:
"(1) the cases argued, tried, or conducted by him in the
Supreme Court, the Court of Appeals, and circuit courts
during the preceding year; and"
SECTION 4. Section 1-23-390 of the 1976 Code is amended to
read:
"Section 1-23-390. An aggrieved party may obtain a review
of any final judgment of the circuit court under this article by
appeal to the Supreme Court. The appeal shall be taken
taking an appeal in the manner provided by the South Carolina
Appellate Court Rules as in other civil cases."
SECTION 5. Section 2-13-60(3) of the 1976 Code is amended to
read:
"(3) Note by annotation decisions of the Supreme Court
and the Court of Appeals of this State under the appropriate
sections of the statutes codified and also of the Constitution of 1895
of the State and the rules of court."
SECTION 6. Section 2-13-80(3) of the 1976 Code is amended to
read:
"(3) All decisions of the Supreme Court of South
Carolina, the Court of Appeals of South Carolina, and of the
courts of the United States, subsequent to those referred to in the then
existing Code of Laws, construing the general and permanent
statutory law and the Constitution of South Carolina."
SECTION 7. Section 4-27-320 of the 1976 Code is amended to
read:
"Section 4-27-320. Any party at interest who is aggrieved
by the judgment rendered by the circuit court upon such appeal may
have it reviewed by appeal in the same manner as provided by law
for appeals from other judgments of the circuit courts in law
cases taking an appeal in the manner provided by the South
Carolina Appellate Court Rules."
SECTION 8. Section 4-27-630 of the 1976 Code is amended to
read:
"Section 4-27-630. An appeal may be taken from the
decision of the circuit court to the Supreme Court in the same manner
as is provided for appeals from judgments of the circuit courts in law
cases. Any appeal from the decision of the circuit court shall
be taken in the manner provided by the South Carolina Appellate
Court Rules. It shall not be necessary in a judicial proceeding
under this article to enter exceptions to the ruling of the commission
and no bond shall be required for entering an appeal. Upon the final
determination of the judicial proceeding the commission shall enter
an order in accordance with the determination."
SECTION 9. Section 6-7-790 of the 1976 Code is amended to
read:
"Section 6-7-790. Any party at interest who is aggrieved by
the judgment rendered by the circuit court upon such appeal may
appeal in the same manner as provided by law for appeals from
other judgments of the circuit court in law cases manner
provided by the South Carolina Appellate Court Rules."
SECTION 10. Section 6-29-850 of the 1976 Code, as added by Act
355 of 1994, is amended to read:
"Section 6-29-850. A party in interest who is aggrieved by
the judgment rendered by the circuit court upon the appeal may
appeal in the same manner as provided by law for appeals from
other judgments of the circuit court in law cases manner
provided by the South Carolina Appellate Court Rules."
SECTION 11. Section 6-29-940 of the 1976 Code, as added by Act
355 of 1994, is amended to read:
"Section 6-29-940. A party in interest who is aggrieved by
the judgment rendered by the circuit court upon the appeal may
appeal in the same manner as provided by law for appeals from
other judgments of the circuit court manner provided by the
South Carolina Appellate Court Rules."
SECTION 12. Section 14-1-40 of the 1976 Code is amended to
read:
"Section 14-1-40. The word 'clerk,' as used in this title,
signifies the clerk of the court where the action is pending and, in the
Supreme Court or Court of Appeals, the clerk of the county
mentioned in the title of the complaint or in another county to which
the court may have changed the place of trial, unless otherwise
specified."
SECTION 13. Section 14-1-70 of the 1976 Code is amended to
read:
"Section 14-1-70. The following are courts of justice in this
State:
(1) the court for trial of impeachments;
(2) the Supreme Court;
(3) the Court of Appeals;
(3)(4) the circuit courts, to wit:
(a) a court of common pleas and
(b) a court of general sessions;
(4) County courts;
(5) probate courts;
(6) Juvenile and domestic relations courts the family
court;
(7) Children's courts;
(8)(7) magistrates' courts; and
(9)(8) mayors' and municipal courts;
(10) The civil and criminal court of Charleston;
(11) The city court and the police court of
Charleston;
(12) The civil and criminal court of Colleton
County;
(13) The civil and criminal court of Darlington
County;
(14) The civil court of Florence;
(15) The Florence County courts of limited
jurisdiction;
(16) The civil and criminal court of Horry;
(17) The juvenile, domestic relations and
special court of Kershaw County;
(18) The civil and domestic relations court of
Laurens;
(19) The civil courts of Spartanburg;
(20) The civil and domestic relations court of
Sumter County;
(21) The civil and criminal court of Union; and
(22) The criminal, juvenile and domestic
relations court of York County."
SECTION 14. Section 14-8-200 of the 1976 Code is amended to
read:
"Section 14-8-200. (a) The jurisdiction of the Court
shall be appellate only and shall extend, except as provided in
subsection (b) of this section, to all questions of law and equity
arising in the course of proceedings of the Circuit Court and the
Family Court, and such jurisdiction shall be subject to the provisions
of Section 14-8-260. In cases which arise out of the Family Court,
except those dealing with juvenile misconduct, a concurrence in the
facts by the family court judge and a panel of the Court or by the
Court sitting en banc shall be determinative of the facts of the case
throughout the remainder of the case. Except as limited by
subsection (b) below and Section 14-8-260, the court shall have
jurisdiction over any case in which an appeal is taken from an order,
judgment, or decree of the circuit or family court. This jurisdiction
shall be appellate only, and the court shall apply the same scope of
review that the Supreme Court would apply in a similar case. The
court shall have the same authority to issue writs of supersedeas,
grant stays and grant petitions for bail as the Supreme Court would
have in a similar case. The court, to the extent the Supreme Court
may by rule provide for it to do so, shall have jurisdiction to entertain
petitions for writs of certiorari in post conviction relief matters under
Section 17-27-100."
(b) Jurisdiction of the court shall not extend to appeals of
the following class of cases, the appeal from which shall lie
of right directly to the Supreme Court:
(1) any final judgment from the circuit court which involves
a sentence under Article I, Chapter 3 of Title 16 includes a
sentence of death;
(2) any final judgment from the circuit court setting public
utility rates pursuant to Title 58;
(3) any final judgment involving a challenge on state or federal
grounds, to the constitutionality of a state law or county or municipal
ordinance where the principal issue is one of the constitutionality of
the law or ordinance; provided, however, in any case where the
Supreme Court finds that the constitutional question raised is not a
significant one, the Supreme Court may refer transfer
the case to the court for final judgment;
(4) any final judgment from the circuit court involving the
authorization, issuance, or proposed issuance of general obligation
debt, revenue, institutional, industrial, or hospital bonds of the State,
its agencies, political subdivisions, public service districts, counties,
and municipalities, or any other indebtedness now or
hereafter authorized by Article X of the Constitution of this State;
(5) any final judgment from the circuit court pertaining to
elections and election procedure.;
(6) any order limiting an investigation by a State Grand Jury
under Section 14-7-1630;
(7) any order of the family court relating to an abortion by a
minor under Section 44-41-33."
SECTION 15. Section 14-8-210 of the 1976 Code is amended to
read:
"(a) The decisions of a panel of the court and of the court sitting en
banc shall be final and not subject to further appeal, except by
petition for review or by other exercise of discretionary review by the
Supreme Court.
(b) In any case in which an appeal has been assigned to the
Court of Appeals pending before the Court of Appeals,
the Supreme Court may in its discretion, on motion of any party to
the case, on certification request by the Court of
Appeals, or on its own motion, certify the case for review by the
Supreme Court before it has been determined by the Court of
Appeals. Certification is appropriate where the case involves an
issue of significant public interest or a legal principle of major
importance, or in other cases the court deems appropriate. The
effect of such certification shall be to transfer jurisdiction over the
case to the Supreme Court for all purposes.
(c) The Court may certify to the Supreme Court any
case appealed to the Court if it finds that the appealed case involves
an issue of significant public interest or a legal principle of major
importance. Certification to the Supreme Court shall be by a
concurrence of at least four members of the Court."
SECTION 16. Section 14-8-260 of the 1976 Code is amended to
read:
"Section 14-8-260. In all cases within the jurisdiction of the
Court as provided in this chapter, notice of intent to appeal shall
be given to the Supreme Court. Cases, including those filed before
the creation of the Court, shall be either transferred to the Court of
Appeals or retained by the Supreme Court. In determining which
cases shall be assigned to the Court of Appeals, it shall require a
concurrence of four justices to retain in the Supreme Court a case not
otherwise retained pursuant to Section 14-8-200(b). The minutes
shall show how many and which justices concurred in each
assignment and which, if any, dissented therefrom. The Supreme
Court may in its discretion provide by rule for the filing of motions,
briefs, or any other materials for the purpose of its determination of
assignment, provided that all such materials shall be transferred to the
Court of Appeals wherever applicable to the proceedings in the Court
of Appeals the notice of appeal must be filed with the Court
of Appeals in the manner provided by the South Carolina Appellate
Court Rules. In the event the Court of Appeals determines
that a notice of appeal involves a matter over which it lacks
jurisdiction pursuant to Section 14-8-200(b), it shall issue an order
transferring the case to the Supreme Court. In the event the Supreme
Court determines that a notice of appeal should have been filed with
the Court of Appeals, it shall issue an order transferring the case to
the Court of Appeals."
SECTION 17. Section 14-11-85 of the 1976 Code, as added by Act
36 of 1989, is amended to read:
"Section 14-11-85. (A) Appeals from final
judgments entered by a master-in-equity are to the circuit court
unless:
(1) the circuit court's order of reference provides
for a direct appeal to the Supreme Court; or
(2) the parties not in default consented in
writing to a direct appeal to the Supreme Court at the time the order
of reference was entered; or
(3) the parties not in default consent to a direct
appeal to the Supreme Court on the record at the hearing before the
master.
(B) For purposes of this section
"master-in-equity" includes a special referee.
When some or all of the causes of action in a case are referred
to a master-in-equity or special referee, the master or referee shall
enter final judgment as to those causes of action, and an appeal from
an order or judgment of the master or referee must be to the Supreme
Court or the Court of Appeals as provided by the South Carolina
Appellate Court Rules. A matter may not be referred to a master or
referee for the purpose of making a report to the circuit
court."
SECTION 18. Section 15-1-60 of the 1976 Code is amended to
read:
"Section 15-1-60. The word 'clerk,' as used in this title,
signifies the clerk of the court where the action is pending and, in the
Supreme Court or the Court of Appeals, the clerk of the
county mentioned in the title of the complaint or in another county to
which the court may have changed the place of trial, unless otherwise
specified."
SECTION 19. Section 15-1-260(2) of the 1976 Code is amended to
read:
"(2) In the Supreme Court or Court of Appeals of
this State such sum of money shall be paid to the clerk of the
Supreme Court that appellate court;"
SECTION 20. Section 15-17-550 of the 1976 Code is amended to
read:
"Section 15-17-550. If the verdict of the jury provided in
Section 15-17-490 be is in favor of the debtor and
the plaintiff should appeal, the debtor shall be entitled to be
discharged from confinement on his giving bond and sufficient
sureties to the plaintiff to be forthcoming and to abide by the decision
of the Court of Appeals or the Supreme Court. If the appeal
shall be determined against the debtor and he be not surrendered,
which the surety may do, before the first day of the circuit court next
succeeding the determination of such appeal then the clerk of the
court shall, on the application of the plaintiff or his agent,
forthwith shall issue an order on the bond against the
prisoner and his sureties, as in cases of estreated recognizances. But
if the prisoner should appear or be surrendered, as aforesaid, then the
clerk shall forthwith proceed with the case as provided in the
preceding sections."
SECTION 21. Section 15-51-42(C)(3) of the 1976 Code, as added
by Act 475 of 1992, is amended to read:
"(3) the settlement agreement is reached after notice of
appeal is filed, the personal representative shall petition the State
Supreme Court appellate court before which the matter is
pending to remand the case to the circuit court for consideration
of the settlement agreement in accordance with the procedure
outlined in (2) above."
SECTION 22. Section 17-4-70(a) of the 1976 Code is amended to
read:
"(a) It shall represent any person who the office determines,
subject to court review, falls within the guidelines promulgated
pursuant to Section 17-4-40(4) who files Notice of Intention to
Appeal or desires to appeal a conviction in any trial court, or decision
of any proceeding in civil commitment or other voluntary placement
in a state, county, or municipal facility. Any person desiring
representation by the office shall request a determination of his
indigency status in writing from the Supreme Court, the Court of
Appeals, the circuit, or family court or the Office of
Appellate Defense. Any court receiving such request for indigent
appellate representation shall forthwith forward such request to the
office who shall, within ten (10) days of the receipt of
the request for representation, shall notify the person
requesting representation and the court in which the appeal will be
effected of its decision."
SECTION 23. Section 17-15-200(2) of the 1976 Code is amended
to read:
"(2) In the Supreme Court or the Court of Appeals
such sum of money shall be paid to the clerk of the Supreme Court
or the Court of Appeals; and"
SECTION 24. Section 17-27-100 of the 1976 Code is amended to
read:
"Section 17-27-100. A final judgment entered under this
chapter may be reviewed by the Supreme Court of this State on
appeal brought either by the applicant or the State in accordance with
laws governing appeals from the circuit court in civil cases
by a writ of certiorari as provided by the South Carolina
Appellate Court Rules."
SECTION 25. Section 18-1-20(4) of the 1976 Code is amended to
read:
"(4) The word 'clerk' signifies the clerk of the court in
which the action is pending and, in the Supreme Court, or the
Court of Appeals, the clerk of the county mentioned in the title
of the complaint or in another county to which the court may have
changed the place of trial, unless otherwise specified."
SECTION 26. (1) The caption of Chapter 9 of Title 18 of the 1976
Code is amended to read:
"CHAPTER 9
Appeals to Supreme Court and Court of Appeals
(2) Section 18-9-10 of the 1976 Code, as amended by Act 115 of
1991, is further amended to read:
"Section 18-9-10. An appeal may be taken to the Supreme
Court or the Court of Appeals in the cases mentioned in
Sections 14-3-320 and 14-3-330. The procedure for taking an appeal
is as provided by the South Carolina Appellate Court Rules."
SECTION 27. Section 18-9-30 of the 1976 Code is amended to
read:
"Section 18-9-30. The Supreme Court and the Court of
Appeals shall have jurisdiction of all questions of law arising in
the course of the proceedings of the circuit court in probate matters
in the same manner as provided by law in other cases."
SECTION 28. Section 18-9-40 of the 1976 Code is amended to
read:
"Section 18-9-40. When the circuit court shall render
judgment upon a verdict taken, subject to the opinion of the court, the
questions or conclusions of law together with a concise statement of
the facts upon which they arose shall be prepared by and under the
direction of the court, shall be filed with the judgment roll,
and shall be deemed a part thereof for the purposes of a review in the
Supreme Court or the Court of Appeals."
SECTION 29. Section 18-9-150 of the 1976 Code is amended to
read:
"Section 18-9-150. If the judgment appealed from direct
the assignment or delivery of documents or personal property, the
execution of the judgment shall not be stayed by appeal unless the
things required to be assigned or delivered be brought into court or
placed in the custody of such officer or receiver as the court shall
appoint or unless an undertaking be entered into on the part of the
appellant, with at least two sureties and in such amount as the court
or a judge thereof shall direct, to the effect that the appellant will
obey the order of the Supreme Court appellate court
upon the appeal."
SECTION 30. Section 18-9-160 of the 1976 Code is amended to
read:
"Section 18-9-160. If the judgment appealed from direct the
execution of a conveyance or other instrument, the execution of the
judgment shall not be stayed by the appeal until the instrument shall
have been executed and deposited with the clerk with whom the
judgment is entered, to abide the judgment of the Supreme
Court appellate court."
SECTION 31. Section 18-9-220 of the 1976 Code is amended to
read:
"Section 18-9-220. In cases not provided for in Sections
18-9-130 and 18-9-150 to 18-9-180, the notice of appeal shall stay
proceedings in the court below upon the judgment appealed from,
except that when it directs the sale of perishable property the court
below may order the property to be sold and the proceeds thereof to
be deposited or invested in bonds of this State or of the United States,
to abide the judgment of the Supreme Court appellate
court; provided, that an appeal from a judgment or decree
overruling a demurrer shall stay the further hearing of the cause
unless the presiding judge shall be satisfied that the ends of justice
will be subserved by proceeding with the trial and shall order the trial
of the cause to proceed to judgment; and provided, further, that
nothing contained in the preceding proviso shall be construed to
prevent a review upon appeal from the final order or judgment in the
cause of any judgment or decree on demurrer."
SECTION 32. Section 18-9-270 of the 1976 Code is amended to
read:
"Section 18-9-270. The Supreme Court or the Court
of Appeals may reverse, affirm, or modify the
judgment, decree, or order appealed from in whole or in part
and as to any or all of the parties, and the judgment shall be remitted
to the court below to be enforced according to law."
SECTION 33. Section 20-7-2220 of the 1976 Code is amended to
read:
"Section 20-7-2220. In all cases in which the court shall
have jurisdiction, the right of appeal shall be to the Supreme Court of
the State in the same manner and pursuant to the same rules, practices
and procedure that govern appeals from the circuit court.
Any appeal from an order, judgment, or decree of the family
court shall be taken in the manner provided by the South Carolina
Appellate Court Rules. The right to appeal must be governed by the
same rules, practices, and procedures that govern appeals from the
circuit court.
The pendency of an appeal or application therefor shall
may not suspend the order of the family court regarding a
child, nor shall it discharge the child from the custody of that court
or of the person, institution, or agency to whose care
such the child shall have been committed; nor shall
it suspend payments for support and maintenance of the wife and
child."
SECTION 34. Section 27-40-800(f)(1) of the 1976 Code is
amended to read:
"(1) Upon appeal to the Supreme Court or of the Court
of Appeals, it is sufficient to stay execution of a judgment for
ejectment that the tenant sign an undertaking that he will pay to the
landlord the amount of rent, determined by order of the judge of the
circuit court, as it becomes due periodically after judgment was
entered. The judge of the court having jurisdiction shall order stay
of execution upon the undertaking."
SECTION 35. Section 34-29-180(c) of the 1976 Code is amended
to read:
"(c) The court shall have jurisdiction to review the facts and
the law and to affirm, modify or to set aside the order or decision of
the board and to restrain the enforcement thereof. Appeals from all
final orders and judgments entered by the circuit court in reviewing
the orders and decisions of the board may be taken to the Supreme
Court by any party to the action as in other civil cases in the
manner provided by the South Carolina Appellate Court Rules."
SECTION 36. Section 37-6-108(4) of the 1976 Code is amended to
read:
"(4) The jurisdiction of the court shall be exclusive and its
final judgment or decree shall be subject to review by the
Supreme Court in the same manner and form and with the same effect
as in appeals from a final judgment or decree in a civil action
may be appealed in the manner provided by the South Carolina
Appellate Court Rules. The administrator's copy of the
testimony shall be available at reasonable times to all parties for
examination without cost."
SECTION 37. Section 37-6-415 of the 1976 Code is amended to
read:
"Section 37-6-415. An aggrieved party may obtain a review
of any final judgment of the court of common pleas under this part
by appeal to the Supreme Court. The appeal shall be taken as in
other civil cases by taking an appeal in the manner provided
by the South Carolina Appellate Court Rules."
SECTION 38. Section 38-59-40(2) of the 1976 Code is amended to
read:
"(2) If attorneys' fees are allowed and, on appeal to the
Supreme Court by the defendant, the judgment is affirmed, the
Supreme Court or the Court of Appeals shall allow to the
respondent an additional sum as the court adjudges reasonable as
attorneys' fees of the respondent on the appeal."
SECTION 39. Section 38-63-90 of the 1976 Code is amended to
read:
"Section 38-63-90. When a life insurer refuses to pay a
claim on a life insurance policy within thirty days after a demand has
been made by the beneficiary of the policy or contract, and
a finding on suit of the contract made by the trial judge that the
refusal was without reasonable cause or in bad faith, the insurer is
liable to pay the beneficiary, in addition to any sum or any amount
otherwise recoverable, all reasonable attorney's
attorneys' fees for the prosecution of the case. The amount
of reasonable attorneys' fees must be determined by the trial judge
and the amount added to the judgment. If attorney's
attorneys' fees are allowed and, on appeal to the
Supreme Court by the defendant, the judgment is affirmed, the
Supreme Court or the Court of Appeals shall allow to the
respondent an additional sum as the court adjudged reasonable as
attorney's attorneys' fees of the respondent on the
appeal."
SECTION 40. Section 39-3-190 of the 1976 Code is amended to
read:
"Section 39-3-190. The Attorney General and the solicitor
of each circuit in which an offense is committed, respectively, shall
enforce the provisions of this article. The solicitor shall institute and
conduct all suits begun in the circuit courts and upon appeal the
Attorney General shall prosecute such suits in the Supreme Court
or the Court of Appeals."
SECTION 41. Section 39-37-100 of the 1976 Code is amended to
read:
"Section 39-37-100. The action of the Department of
Agriculture in refusing to grant a license or in revoking or suspending
a license shall be subject to review by the court of common pleas in
the county in which the aggrieved party resides, with right of
appeal to the State Supreme Court. Any appeal from the
decision of the circuit court shall be taken in the manner provided by
the South Carolina Appellate Court Rules."
SECTION 42. Section 41-31-630(5) of the 1976 Code is amended
to read:
"(5) The amount due specified in any bill from the
commission shall be conclusive on the organization unless, not later
than fifteen days after the bill was mailed to its last known address or
otherwise delivered to it, the organization files an application for
redetermination by the commission setting forth the grounds for such
application. After affording the organization a reasonable opportunity
for a fair hearing consonant with the provisions of Section
41-35-720, the commission shall by its decision
make findings of fact and conclusion of law and upon the basis
thereof shall affirm, modify, or reverse its original ruling
with respect to the amount originally specified in the bill. Within
fifteen days after the date upon which such decision is issued the
organization may procure judicial review thereof by commencing an
action in the court of common pleas in any county in which the
organization has a place of business against the commission for the
review of its decision. In such action a petition, which need not be
verified, but which shall state the grounds upon which a review is
sought, shall be served upon a member of the commission or upon
such person as the commission shall designate. With its answer the
commission shall certify and file with the court all evidence and a
transcript of all testimony taken in the matter together with its
findings of fact and decision therein. In any judicial proceeding under
this section the decision of the court shall be based upon the evidence
introduced and the testimony received at the hearing before the
commission. An appeal may be taken from the decision of the court
of common pleas to the Supreme Court, in the same manner as is
provided in civil cases in the manner provided by the South
Carolina Appellate Court Rules. A petition for judicial review
shall act as a supersedeas or stay of any action by the commission
directed toward the collection of the amount involved in the
controversy or the imposition of any penalty or forfeiture by reason
of the nonpayment thereof."
SECTION 43. Section 41-35-750 of the 1976 Code is amended to
read:
"Section 41-35-750. Within ten days after a decision of the
commission has become final, any party to the proceeding who
claims to be aggrieved by the decision may secure judicial review
thereof by commencing an action in the court of common pleas,
either in the county in which the employee resides or the county in
which he was last employed, against the commission for the review
of its decision, in which action every other party to the proceeding
before the commission shall be made a defendant. In such action a
petition, which need not be verified but which shall state the grounds
upon which a review is sought, shall be served upon a member of the
commission or upon such person as the commission may designate,
and such service shall be deemed complete service on all parties, but
there shall be left with the person so served as many copies of the
petition as there are defendants, and the commission shall
forthwith mail one such copy to each such defendant. With its answer
the commission shall certify and file with the court all documents and
papers and a transcript of all testimony taken in the matter together
with its findings of fact and decision therein. The commission
may also, in its discretion, also may certify to such
court questions of law involved in any decision by it. In any judicial
proceeding under this chapter, the findings of the commission as to
the facts, if supported by evidence and in the absence of fraud, shall
be conclusive and the jurisdiction of the court shall be confined to
questions of law. Such actions, and the questions so certified, shall be
heard in a summary manner and shall be given precedence over all
other civil cases except cases arising under the Workmen's
Compensation Law Workers' Compensation laws of this
State. An appeal may be taken from the decision of the court of
common pleas to the Supreme Court, in the same manner, but not
inconsistent with the provisions of Chapters 27 through 41 of this
Title, as is provided in civil cases in the manner provided by
the South Carolina Appellate Court Rules. It shall not be
necessary, in a judicial proceeding under this article, to enter
exceptions to the rulings of the commission, and no bond shall be
required for entering such appeal. Upon the final determination of
such judicial proceeding, the commission shall enter an order in
accordance with such determination. In no event shall a petition for
judicial review act as a supersedeas or stay unless the commission
shall so order."
SECTION 44. Section 42-1-650 of the 1976 Code is amended to
read:
"Section 42-1-650. If any claim for compensation is made
upon the theory that such claim, or the injury upon which said
the claim is based, is within the jurisdiction of the
commission under the provisions of this title and if the commission,
or the Supreme Court or Court of Appeals on appeal, shall
adjudge that such claim is not within this Title, the claimant, or if he
dies his personal representative, shall have one year after the
rendition of a final judgment in the case within which to commence
an action at law."
SECTION 45. Section 42-17-40(B) of the 1976 Code, as amended
by Act 70 of 1989, is further amended to read:
"(B) In the event any commissioner or any member of his
family residing in the commissioner's household or any employee of
the Workers' Compensation Commission receives an injury in the
course of employment, the case must be heard and determined by the
circuit court judge in the county in which the injury occurred. The
clerk of court shall docket these cases in the file book for the court of
common pleas and these cases must be heard in that court. These
cases may be called up for trial out of their order by either party. An
appeal from an order of the circuit court judge, pursuant to this
subsection, is to the Supreme Court of South Carolina, and notice
of appeal must be given within fourteen days from the date the order
of the circuit court judge is received by the parties shall be
taken in the manner provided by the South Carolina Appellate Court
Rules. If the order is not appealed, payment must be made as
provided in Section 42-17-60. However, this subsection does not
apply with respect to claims involving medical benefits only; for
claims solely involving medical benefits, subsection (A)
applies."
SECTION 46. Section 44-17-620 of the 1976 Code is amended to
read:
"Section 44-17-620. The petitioner or the person shall have
the right to appeal from any order of the probate court issued
pursuant to Section 44-17-580 to the court of common pleas of the
county where the probate court is situated. The notice of intention to
appeal together with the grounds for the appeal shall be filed in the
probate court and the court of common pleas within fifteen days of
the date of the order issued pursuant to Section 44-17-580. The
appeal shall be heard by any circuit judge having jurisdicton
jurisdiction in the county upon the record of the probate
court. The judge may require that additional evidence be presented
in the hearing if notice is given to both appellant and respondent.
The probate court shall be responsible for certifying the record on
the proceedings before the probate court to the circuit court judge
within thirty days of filing of the notice of intention to appeal. The
circuit judge shall hold the hearing and render a decision affirming
or reversing the order of the probate court within fifteen days of
receipt of the record of the probate court.
The costs shall be borne by the applicant unless the court
determines that he cannot afford them.
Appeal by either party to the Supreme Court shall be from the
order of the circuit judge as in other civil cases, except that an
Any appeal from the order of the circuit judge shall be taken in
the manner provided by the South Carolina Appellate Court
Rules. An order of a circuit judge requiring release of
the person shall be of force and effect unless it is reversed on
appeal by the Supreme Court."
SECTION 47. Section 49-19-1080 of the 1976 Code is amended to
read:
"Section 49-19-1080. Any person or party aggrieved may
within ten days after the rendition of final judgment by the court
of common pleas prosecute an appeal to the Supreme Court
appeal the final judgment of the circuit court in the manner
provided by the South Carolina Appellate Court Rules."
SECTION 48. Section 50-5-130 of the 1976 Code, as last amended
by Section 1259, Act 181 of 1993, is further amended to read:
"Section 50-5-130. The department may prosecute for
violations of all laws for the collection of revenues due the State from
the fishing industries and leases of bottoms when in its judgment
such prosecutions are for the best interests of industries or of the
State and to that end may employ counsel having special knowledge
of the fisheries laws and of the matters pertaining to fisheries and
coastal conditions to work up and conduct such prosecutions in the
inferior courts and to assist the solicitor in the court of general
sessions, Court of Appeals, and Supreme Court, should he
desire such assistance."
SECTION 49. Section 57-5-1120 of the 1976 Code is amended to
read:
"Section 57-5-1120. Any abutting property owner or lessee
may file an application within thirty days from a decision of the
department in the administration of Sections 57-5-1080 to 57-5-1110
for a hearing in the matter before a circuit judge at chambers or in
open court in the judicial circuit in which the property is located, and
such court or judge is hereby vested with jurisdiction to set the matter
for a hearing upon ten days' written notice to the department of such
hearing and thereupon to determine whether the action of the
department is in accordance with the provisions of law. The decision
of the circuit judge may be appealed to the Supreme Court in the
same manner as other appeals from the circuit courts in the
manner provided by the South Carolina Appellate Court Rules.
Provided, however, that the above procedure shall be an alternative
method of relief and shall in no wise abrogate or deny any property
owners' rights as to relief under any existing law relating to the
condemnation of property."
SECTION 50. Section 58-5-360 of the 1976 Code is amended to
read:
"Section 58-5-360. Any party to such action in the court
of common pleas shall have the right to appeal to the Supreme Court
in accordance with existing law and procedure in such cases.
An appeal from the decision of the circuit court may be taken in
the manner provided by the South Carolina Appellate Court
Rules."
SECTION 51. Section 58-9-1470 of the 1976 Code is amended to
read:
"Section 58-9-1470. Any party to such action in the court of
common pleas may appeal to the Supreme Court in accordance
with existing law and procedure in such cases in the manner
provided by the South Carolina Appellate Court Rules. Pending
final determination of any such appeal to the Supreme Court,
the order of the court of common pleas suspending or staying the
operation of the order of the commission shall continue in force and
effect under the conditions prescribed in such order and no additional
bond or undertaking shall be required, but any party may apply to the
Supreme Court appellate court for an order
increasing or otherwise modifying the amount of such bond."
SECTION 52. Section 59-25-260 of the 1976 Code is amended to
read:
"Section 59-25-260. The findings of fact by the State Board
of Education shall be final and conclusive. The person aggrieved by
the order of the State Board of Education may, within thirty
days thereafter, may appeal to the court of common pleas, to
review errors of law only, by filing with the State Board of Education
notice of such appeal and of the grounds thereof. The State Board of
Education shall within thirty days thereafter, file a certified copy of
the transcript of record with the clerk of such court. Any party
may appeal to the Supreme Court from the court of common pleas in
the same manner as provided by law for appeals from the circuit
court to the Supreme Court. Any appeal from the order of the
circuit court shall be taken in the manner provided by the South
Carolina Appellate Court Rules."
SECTION 53. Section 59-25-270 of the 1976 Code is amended to
read:
"Section 59-25-270. If either the State Board of Education,
the court of common pleas, the Court of Appeals, or the
Supreme Court of South Carolina reverses the order of revocation or
suspension, the person whose certificate had been either revoked or
suspended by the state board shall be fully reinstated and shall
receive all salary lost as a result of such revocation or suspension of
his certificate; provided, however, that where the State Board of
Education, within the time prescribed by law, appeals to the
Supreme Court of South Carolina from an order of the court of
common pleas reversing an order of revocation or suspension
rendered by the State Board of Education, the person whose
certificate had either been revoked or suspended by the state board
shall not be entitled to be reinstated and to receive all salary lost as
a result of his certificate's revocation or suspension by the state board
unless and until the Supreme Court or Court of Appeals
affirms the order of the court of common pleas."
SECTION 54. Section 59-25-480 of the 1976 Code is amended to
read:
"Section 59-25-480. The decision of the district board of
trustees shall be final, unless within thirty days thereafter an appeal
is made to the court of common pleas of any county in which the
major portion of such district lies.
Notice of such appeal and the grounds thereof shall be filed with the
district board of trustees. The district board shall, within thirty days
thereafter, file a certified copy of the transcript record with the clerk
of such court. Any party may appeal to the Supreme Court from
the court of common pleas in the same manner as provided by law for
appeals from the circuit court to the Supreme Court. Any
appeal from the order of the circuit court shall be taken in the manner
provided by the South Carolina Appellate Court Rules. If the
decision of the board is reversed on appeal, on a motion of either
party the trial court shall order reinstatement and shall determine the
amount for which the board shall be liable for actual damages and
court costs. In no event shall any liability extend beyond two years
from the effective date of dismissal. Amounts earned or amounts
earnable with reasonable diligence by the person wrongfully
suspended shall be deducted from any back pay."
SECTION 55. Section 59-25-830 of the 1976 Code is amended to
read:
"Section 59-25-830. The findings of fact by the State Board
of Education shall be final and conclusive as to all parties, but any
party thereto may, within thirty days thereafter, appeal to the court of
common pleas of the county in which the appeal arose, to review
error of law only, by filing with the State Board of Education notice
of such appeal and of the grounds thereof. The state board
shall, within thirty days thereafter, shall file a
certified copy of the transcript of record with the clerk of such court.
Any party may appeal to the Supreme Court from the court of
common pleas in the same manner as provided by law for appeals
from the circuit court to the Supreme Court. Any appeal from
the order of the circuit court shall be taken in the manner provided by
the South Carolina Appellate Court Rules."
SECTION 56. Section 62-1-308 of the 1976 Code, as last amended
by Act 521 of 1990, is further amended to read:
"Section 62-1-308. Appeals from the probate court shall be
to the circuit court and shall be governed by the following rules:
(a) Any person interested in any final order, sentence, or decree
of any probate court and considering himself injured thereby may
appeal therefrom to the circuit court in the same county. The notice
of intention to appeal to the circuit court must be filed in the office of
the circuit court and in the office of the probate court and a copy
thereof served on all parties within ten days after receipt of written
notice of the decision appealed from order, sentence, or decree of the
probate court. The grounds of appeal must be filed in the office of the
probate court and a copy thereof served on all parties within
forty-five days after receipt of written notice of the order, sentence,
or decree of the probate court.
(b) Within thirty days after the grounds of appeal shall have
been filed in the office of the probate court, as provided in subsection
(a), the probate court shall make a return to the appellate court of the
testimony, proceedings, and judgment and file it in the appellate
court. Upon the appeal being finally disposed of, all such papers
included in the return shall be returned to the probate court.
(c) When an appeal according to law is taken from any sentence
or decree of the probate court, all proceedings in pursuance of the
order, sentence, or decree appealed from shall cease until the
judgment of the circuit court, Court of Appeals, or Supreme
Court is had; but, if the appellant in writing waives his appeal before
the entry of such judgment, proceedings may be had in the probate
court as if no appeal had been taken.
(d) When the return shall have been filed in the circuit court as
provided in subsection (b), the court shall proceed to the hearing and
determination of the appeal according to the rules of law. The hearing
shall be strictly on appeal and no new evidence shall be presented.
(e) The final decision and judgment in cases appealed, as
provided in this code, shall be certified to the probate court by the
circuit court, Court of Appeals, or Supreme Court, as the
case may be, and the same proceedings shall be had in the probate
court as though such decision had been made in such probate court.
(f) No judge of any probate court shall be admitted to have any
voice in judging or determining any appeal from his decision or be
permitted to act as attorney or counsel thereon."
SECTION 57. Sections 14-8-540, 15-37-150, and 17-4-90 of the
1976 Code are repealed.
SECTION 58. This act takes effect upon approval by the Governor.
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