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COMMITTEE REPORT
April 2, 2003
S. 389
Introduced by Senators Ritchie, Hayes, Land, Hawkins, Hutto and Malloy
S. Printed 4/2/03--S.
Read the first time February 19, 2003.
To whom was referred a Bill (S. 389) to amend Section 8-21-320, Code of Laws of South Carolina, 1976, relating to motion fees in the court of common pleas and family court, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 8-21-320 of the 1976 Code, as added by Act 329 of 2002, is amended to read:
"Section 8-21-320. There is assessed for every motion made in the court of common pleas and family court, not including motions made in family court juvenile delinquency proceedings, a fee of twenty-five dollars. The fee must accompany each motion filed. No fee shall be charged for filing any consent order in a civil action. The Supreme Court has authority to issue administrative rules to exempt from the motion fee certain family court matters involving rules to show cause in child and spousal support matters. The Supreme Court may waive the filing fees imposed by this section upon a proper showing of indigency. The revenue from this fee must be collected by the clerk of court in each court and remitted to the State Treasurer and credited to a separate judicial department support fund for the exclusive use of the judicial department."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. RITCHIE, JR. for Committee.
EXPLANATION OF IMPACT:
The Judicial Department indicates there will be no fiscal impact on the General Fund of the State or on federal and/or other funds.
SPECIAL NOTES:
The Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 8-21-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTION FEES IN THE COURT OF COMMON PLEAS AND FAMILY COURT, SO AS TO PROVIDE THAT NO FEE SHALL BE CHARGED FOR FILING A CONSENT ORDER FOR DISMISSAL OF ANY CIVIL ACTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-21-320 of the 1976 Code, as added by Act 329 of 2002, is amended to read:
"Section 8-21-320. There is assessed for every motion made in the court of common pleas and family court, not including motions made in family court juvenile delinquency proceedings, a fee of twenty-five dollars. The fee must accompany each motion filed. No fee shall be charged for filing a consent order for dismissal of any civil action. The Supreme Court has authority to issue administrative rules to exempt from the motion fee certain family court matters involving rules to show cause in child and spousal support matters. The Supreme Court may waive the filing fees imposed by this section upon a proper showing of indigency. The revenue from this fee must be collected by the clerk of court in each court and remitted to the State Treasurer and credited to a separate judicial department support fund for the exclusive use of the judicial department."
SECTION 2. This act takes effect upon approval by the Governor.
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