H 4378 General Bill, By Wilkins, T. Brown, Cotty, Harrison, Knotts, Mason, 
Meacham, Moody-Lawrence, Riser, Sandifer, Simrill, Stille, Stuart, Walker and 
Whipper

Similar(S 885)
 A BILL TO ENACT "THE MAGISTRATES COURTS REFORM ACT OF 1998" INCLUDING
 PROVISIONS TO ADD SECTION SECTION 9-11-27, CODE OF LAWS OF SOUTH CAROLINA,
 1976, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA
 POLICE OFFICERS RETIREMENT SYSTEM; TO AMEND SECTION 22-1-10, AS AMENDED,
 RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT
 ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM
 THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN
 THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE
 COMPENSATION FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH
 POSITION IS ASSIGNED; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT
 THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE;
 AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT
 MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO
 AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO
 TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY
 SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE
 ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A
 MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A
 FOUR-YEAR BACCALAUREATE DEGREE AND TO PROVIDE THAT MAGISTRATES SERVING ON JULY
 1, 1998, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF
 SECTION 22-1-10(B) AND (C) DURING THEIR TENURE IN OFFICE; TO ADD SECTION
 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO
 HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION
 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE
 SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION
 EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND
 SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES,
 SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT,
 TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION
 OR REMOVAL BY ORDER OF THE SUPREME COURT; SO AS TO ESTABLISH AN ELIGIBILITY
 EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN
 MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO ADD SECTION 22-2-5 SO AS TO
 ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE
 SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO
 AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING
 THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF
 ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND
 SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES,
 SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO
 BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES AND TO REQUEST THE
 SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF
 REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE
 MAGISTRATES' COURTS SYSTEM.

   12/17/97  House  Prefiled
   12/17/97  House  Referred to Committee on Judiciary
   01/13/98  House  Introduced and read first time HJ-35
   01/13/98  House  Referred to Committee on Judiciary HJ-36
   03/18/98  House  Committee report: Favorable with amendment Judiciary
   03/24/98  House  Requests for debate-Rep(s). Canty, Cave,
                     Harrison, Young, Byrd, Howard, Woodrum, McGee,
                     J. Smith, Easterday, Hamilton & R. Smith HJ-17
   03/26/98  House  Amended HJ-40
   03/26/98  House  Committed to Committee on Ways and Means HJ-51
   04/23/98  House  Committee report: Favorable with amendment Ways
                     and Means HJ-43
   04/29/98  House  Requests for debate-Rep(s). Fleming, Harrison,
                     Kirsh, Robinson, Leach, J. Smith, Young, Scott,
                     Cotty & Woodrum HJ-24
   04/29/98  House  Amended HJ-61
   04/29/98  House  Read second time HJ-84
   04/29/98  House  Roll call Yeas-110  Nays-1 HJ-84
   04/30/98  House  Read third time and sent to Senate HJ-23
   05/05/98  Senate Introduced and read first time SJ-9
   05/05/98  Senate Referred to Committee on Judiciary SJ-9

AMENDED

April 29, 1998

H. 4378

Introduced by Reps. Wilkins, Cotty, Whipper, Harrison, T. Brown, Knotts, Mason, Sandifer, Simrill, Stille, Stuart, Riser, Moody-Lawrence, Walker and Meacham

S. Printed 4/29/98--H.

Read the first time January 13, 1998.

A BILL

TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1998" INCLUDING PROVISIONS TO ADD SECTION 9-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; TO AMEND SECTION 22-1-10, AS AMENDED, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE COMPENSATION FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH POSITION IS ASSIGNED; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND TO PROVIDE THAT MAGISTRATES SERVING ON JULY 1, 1998, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 (B) AND (C) DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.

Amend Title To Conform

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

SECTION 1. This act is known and may be cited as the 'Magistrates Court Reform Act of 1998'.

SECTION 2. Section 22-1-10(A) and (B) of the 1976 Code, as last amended by Act 136 of 1991, is amended to read:

"(A) The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State for a term of four years and until their successors are appointed and qualified.

Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991.

At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, each county governing body, must inform, in writing, the Senators representing that county of the number of full-time and part-time magistrate positions available in the county, the number of work hours required by each position, the compensation for each position, and the area of the county to which each position is assigned. If the county governing body fails to inform, in writing, the Senators representing that county of the information as required in by this section, then the compensation, hours, and location of the full-time and part-time magistrate positions available in the county remain as designated for the previous four years.

Each magistrate's number of work hours, compensation, and work location must remain the same throughout the term of office, except for a change (1) specifically allowed by statute or (2) authorized by the county governing body at least four years after the magistrate's most recent appointment and after a material change in conditions has occurred which warrants the change. Nothing provided in this section prohibits the raising of compensation or hours and compensation during a term of office. No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law.

The number of magistrates to be appointed for each county and their territorial jurisdiction are as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section.

(B) No person is eligible to hold the office of magistrate who is not at the time of his appointment a citizen of the United States and of this State, and who has not been a resident of this State for at least five years, has not attained the age of twenty-one years upon his appointment, and has not received a high school diploma or its equivalent educational training as recognized by the State Department of Education.

Notwithstanding the educational qualifications required in this subsection, after July 1, 1999, no person is eligible to hold the office of magistrate who has not at the time of his appointment received a minimum of a four-year baccalaureate degree except as otherwise provided in Section 22-1-15(C)."

SECTION 3. The 1976 Code is amended by adding:

"Section 22-1-12. (A) A magistrate whose initial appointment begins on or after May 1, 1999, may not try a case until a certificate is filed with the Clerk of the Supreme Court stating that the magistrate has observed ten trials. The certificate shall state the name of the proceeding, the dates and the tribunals involved, and be attested to by the judge conducting the proceeding.

(B) The required trial experiences must include the following:

(1) four criminal cases in a magistrates court, two of which must be in a magistrates court where he will not preside;

(2) four civil cases in a magistrates court, two of which must be in a magistrates court where he will not preside;

(3) one criminal jury trial in circuit court; and

(4) one civil jury trial in circuit court.

(C) The trial experiences may be undertaken and completed any time after a person has been nominated by the senatorial delegation for the position of magistrate."

SECTION 4. Section 22-1-15 of the 1976 Code is amended to read:

"Section 22-1-15. (A) The provisions of the first paragraph of Section 22-1-10(B) of the 1976 Code do not apply to a magistrate serving on January 1, 1989, during his tenure in office. A magistrate presently holding office must achieve a high school education or the equivalent educational training as recognized by the State Department of Education within two years of January 1, 1989, and must submit a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education to the South Carolina Court Administration. However, this requirement does not apply to a magistrate with at least five years' service as a magistrate on January 1, 1989. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation and such violation terminates that magistrate's term of office.

(B) Notwithstanding the provisions of subsection (A), a magistrate who is appointed to the office of magistrate after July 1, 1999, must have a four-year baccalaureate degree and must submit certified proof to the South Carolina Court Administration that he has received this degree or a higher educational level. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation, and such violation terminates that magistrate's term of office.

(C) The provisions of subsection (B) of this section and the second paragraph of Section 22-1-10(B) do not apply to a magistrate serving on July 1, 1999, during his tenure in office."

SECTION 5. The 1976 Code is amended by adding:

"Section 22-1-17. (A) The South Carolina Court Administration is authorized to establish a two-year program available to magistrates who have successfully completed the certification examination. The program must provide extensive instruction in civil and criminal procedures and must encourage magistrates to develop contacts and resources of information in conjunction with their instructors and fellow magistrates.

(B) The program shall be administered through the state's technical college system and may be used to facilitate continuing legal education opportunities for all magistrates.

(C) The funding for this program shall be provided from fees and costs collected by magistrates or magistrates' courts and deposited in the general fund of the county; provided, however, that no county shall be required to pay for this program more than the revenues generated in that county by one dollar of the forty-one dollar fees imposed pursuant to Sections 34-11-70(b) and (c) and 34-11-90(c) and (d)."

SECTION 6. The 1976 Code is amended by adding:

"Section 22-1-19. An advisory council shall be established in order to make recommendations to the Supreme Court regarding the eligibility examination, certification examination, and continuing education requirements for magistrates. The council shall submit an annual report to the Chief Justice of the Supreme Court or his designee. The council shall consist of:

(1) a member appointed by the South Carolina Bar upon the recommendation of the South Carolina Trial Lawyers Association;

(2) a member appointed by the South Carolina Bar upon the recommendation of the South Carolina Association of Criminal Defense Lawyers;

(3) a representative designated by the Criminal Justice Academy;

(4) a representative designated by the Summary Court Judges Association;

(5) a representative designated by the Dean of the University of the South Carolina School of Law;

(6) a representative designated by the Chairman of the Senate Judiciary Committee;

(7) a representative designated by the Chairman of the House Judiciary Committee;

(8) a consumer representative designated by the Governor;

(9) a representative of the South Carolina Victims Assistance Network;

(10) a representative of the South Carolina Solicitor's Association;

(11) a representative of the South Carolina Sheriff's Association; and

(12) a representative designated by the South Carolina Legal Services Association."

SECTION 7. Section 22-1-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 22-1-30. A magistrate may be suspended or removed by order of the Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty. A magistrate's failure to retire in accordance with Section 22-1-25 or a magistrate's failure to comply with training and examination requirements of Section 22-1-10(C) may subject him to suspension or removal by order of the Supreme Court."

SECTION 8. The 1976 Code is amended by adding:

"Section 22-2-5. (A) The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as a magistrate after July 1, 1999. In determining the persons to be recommended to the Governor for initial appointments as magistrates after July 1, 1999, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. The results of these eligibility examinations are valid for six months of the time the appointment is to be made.

(B) The Court Administration shall establish guidelines for exempting persons from taking the examination if certain prescribed educational equivalency requirements have been met.

(C) The Court Administration, in cooperation with the technical college system, shall develop an optional examination preparatory course."

SECTION 9. Section 22-2-200 of the 1976 Code is amended to read:

"Section 22-2-200. The provisions of Sections 8-21-1010, 8-21-1060, 22-1-10, 22-1-15, 22-1-170, 22-2-10, 22-2-210, 22-2-30, and Chapter 8 of Title 22 may in no way be construed to mandate the reduction of the total number of magistrates in any county which generates four million dollars or more annually in accommodations tax revenue. This in no way prohibits the county which generates four million dollars or more annually in accommodations tax revenue from increasing the number of its magistrates notwithstanding the provisions of this chapter or Chapter 8 of Title 22."

SECTION 10. Section 22-8-40 of the 1976 Code is amended to read:

"Section 22-8-40. (A)(1) The county governing body of each county shall designate magistrates serving within the county as either full time or part time. A county is not required to have a full-time magistrate and may have only part-time magistrates.

(2) The Court Administration must review and approve each county's designation of full-time and part-time magistrates. The total amount paid in magistrates' salaries for a county shall not exceed the total amount of salaries calculated for that county specified by subsections (B) through (G) of this section. Counties are prohibited from supplementing the salaries of magistrates. With the approval of Court Administration, a magistrate and the appropriate county governing body may contract with a municipality to preside over its court in the manner provided by law.

(B) All magistrates in this State must be paid by the county by which they are employed and paid the a base salary as determined by the following factors:

(1) There is established a base salary for each population category as follows:

(a) for those counties with a population of two one hundred fifty thousand and above, according to the latest official United States Decennial Census, the base salary is twenty-nine thousand dollars fifty-five percent of a circuit judge's salary as of July 1, 1999;

(b) for those counties with a population of at least one hundred fifty thousand but not more than one hundred ninety-nine forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is twenty-seven thousand dollars forty-five percent of a circuit judge's salary as of July 1, 1999;

(c) for those counties with a population of at least one hundred thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine, less than fifty thousand according to the latest official United States Decennial Census, the base salary is twenty-five thousand dollars thirty-five percent of a circuit court judge's salary as of July 1, 1999, and;

(d) for those counties with a population of at least fifty thousand but not more than ninety-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is twenty-two thousand dollars A base increase must be provided by the county in an amount equivalent to the annualized percentage of funding for pay increases for state employees plus any legislatively provided bonuses when the annual state general appropriations act of the previous fiscal year provides same;

(e) for those counties with a population of at least thirty-five thousand but not more than forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is nineteen thousand dollars; and

(f) for those counties with a population of less than thirty-five thousand, according to the latest official United States Decennial Census, the base salary is seventeen thousand dollars.

(2) The following salary schedule shall be used to determine a magistrates's annual compensation:

(a) upon being appointed a magistrate, a magistrate shall be paid seventy percent of the salary rate for his county's population category;

(b) upon completing the requirements of Sections 22-1-10(C) and 22-1-12, a magistrate shall be paid eighty percent of the salary rate for his county's population category;

(c) upon the magistrate's completion of his second year in office, a magistrate shall be paid eighty-five percent of the salary rate for his county's population category;

(d) upon the magistrate's completion of his third year in office, a magistrate shall be paid ninety percent of the salary rate for his county's population category;

(e) upon the magistrate's completion of his fourth year in office, a magistrate shall be paid one hundred percent of the salary rate for his county's population category.

(3) The provisions of this subsection are effective July 1, 1999.

(C) The number of magistrates shall be determined using the following factors:

(2)(1) There is established a ratio of one magistrate for every twenty-eight thousand persons in each county of the State based on the latest official United States Decennial Census.

(3)(2) There is established a ratio of one magistrate for every one hundred fifty square miles of area in each county of the State as a factor to be used in determining the base salary as provided in this section.

(3) Notwithstanding the provisions of subsection (D), the maximum number of magistrates in each county is the greater of that number determined by taking one magistrate for every twenty-eight thousand persons in each county or that number determined by taking the average of the ratio of one magistrate for every twenty-eight thousand persons in each county as provided by item (2) (1) of this section subsection and the ratio of one magistrate for every one hundred fifty square miles of area in each county as provided in item (3) (2) of this section subsection. However, no county is required to have fewer than the equivalent of one full-time magistrate and one part-time magistrate. If a fraction of a magistrate results, the county must round off up the fraction, establishing an additional part-time magistrate. No additional magistrates may be added until a county has less than the ratio.

(D) In addition to the maximum number of magistrates prescribed in subsection (C), additional magistrates may be appointed as determined using the following formula:

(1) For counties which collect accommodations tax revenues of five hundred thousand to nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, one additional magistrate may be appointed.

(2) For counties which collect accommodations tax revenues of one million to two million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, two additional magistrates may be appointed.

(3) For counties which collect accommodations tax revenues of three million to four million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, three additional magistrates may be appointed.

(4) For counties which collect accommodations tax revenues of five million dollars and above, four additional magistrates may be appointed.

(C)(E) Part-time magistrates are to be computed at a ratio of four part-time magistrates equals one full-time magistrate.

(D)(F) Part-time magistrates are entitled to a proportionate percentage of the salary provided for full-time magistrates. This percentage is computed by dividing by forty the number of hours a week the part-time magistrate spends in the performance of his duties. The number of hours a week that a part-time magistrate spends in the exercise of the judicial function, and scheduled to be spent on call, must be the average number of hours worked and is fixed by the county governing body and upon the recommendation of the chief magistrate.

(E) A cost of living increase must be paid by the county in the amount provided classified state employees in the annual state general appropriations act of the previous fiscal year. The base salaries provided for in this Part must be adjusted annually based on the percentage amount of the cost of living increase paid to classified state employees in the annual state general appropriations act of the previous fiscal year.

(F)(G) A full-time chief magistrate must be paid a yearly supplement of three thousand dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties. In counties with more than one full-time magistrate, the term of office for chief magistrate is two years, and the office must be rotated among the magistrates as determined by court administration. A part-time chief magistrate must be paid a yearly supplement of fifteen hundred dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties.

(H)(G) Magistrates in a county are entitled to the same perquisites as those employees of the county of similar position and salary.

(H)(I) A ministerial magistrate is entitled to the same compensation as a part-time magistrate.

(I)(J) A magistrate who is receiving a salary greater than provided for his position under the provisions of this chapter must not be reduced in salary during his tenure in office. Tenure in office continues at the expiration of a term if the incumbent magistrate is reappointed.

(J)(K) No A county may not pay a magistrate a salary lower than the base salary established for that county by the provisions of subsection (B) of this section.

(K) Nothing in this section may be interpreted as prohibiting a county from paying a magistrate more than the base salary established for that county.

(L) The South Carolina Court Administration shall monitor compliance with this section. Nothing contained in this section may be construed as prohibiting a county from paying salaries in excess of the minimum base salaries provided for in this section."

SECTION 11. Section 8-21-1010 of the 1976 Code, as last amended by Act 678 of 1988, is further amended to read:

"Section 8-21-1010. (A) 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 forty-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 twenty 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.

(B) No Fees or costs may not 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."

SECTION 12. Section 34-11-70(b) and (c) of the 1976 Code is further amended to read:

"(b) Any court, including magistrate's, may dismiss a case under the provisions of this chapter for want of prosecution. When any prosecutions are initiated under this chapter, the party applying for the warrant is held liable for all reasonable administrative costs accruing not to exceed twenty forty-one dollars if the case is dismissed for want of prosecution. Unless waived by the court, the party applying for the warrant shall notify, orally or otherwise, the court not less than twenty-four hours before the date and time set for trial that full restitution has been made in connection with the warrant, and the notification relieves that party of the responsibility of prosecution.

(c) Any court, including magistrate's, may dismiss any prosecution initiated pursuant to the provisions of this chapter on satisfactory proof of restitution and payment by the defendant of all administrative costs accruing not to exceed twenty forty-one dollars submitted before the date set for trial after the issuance of a warrant."

SECTION 13. Section 34-11-90(c) and (d) of the 1976 Code is further amended to read:

"(c) After a first offense conviction for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 within its jurisdiction, the court shall, at the time of sentence, suspend the imposition or execution of a sentence upon a showing of satisfactory proof of restitution and payment by the defendant of all reasonable court costs accruing not to exceed twenty forty-one dollars. For a second and subsequent convictions for violation of Section 34-11-60, the suspension of the imposition or execution of the sentence shall be discretionary with the court.

(d) After a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 and the defendant is charged or fined, he shall pay in addition to the fine all reasonable court costs accruing, not to exceed twenty forty-one dollars, and the service charge provided in Section 34-11-70."

SECTION 14. The Supreme Court is requested to hold a public hearing and make a report to the respective Chairmen of the Senate and House of Representatives' Judiciary Committees by March 15, 2000, with recommendations for additional changes in the magistrates courts system.

SECTION 15. Section 22-3-10 of the 1976 Code, as last amended by Act 48 of 1997, 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 five thousand 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 five thousand seven thousand five hundred dollars;

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

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

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

SECTION 16. This act takes effect July 1, 1999, except Sections 11, 12, and 13 which take effect January 1, 1999.