A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 38-77-720, RELATING TO PROPERTY DAMAGE LIABILITY CLAIMS ARBITRATION FEES AND ARBITRATOR COMPENSATION, SO AS TO INCREASE FEES AND COMPENSATION; BY AMENDING SECTION 38-77-730, RELATING TO ARBITRATION CLAIM FILINGS, SO AS TO REVISE FILING REQUIREMENTS; BY AMENDING SECTION 38-77-740, RELATING TO ARBITRATION CLAIM HEARINGS, SO AS TO PROVIDE ARBITRATORS MAY AWARD REASONABLE ATTORNEY'S FEES AND COSTS TO THE PREVAILING PARTY; AND BY AMENDING SECTION 38-77-770, RELATING TO THE RIGHT TO A DE NOVO APPEAL OF ARBITRATOR DECISIONS, SO AS TO PROVIDE ARBITRATOR DECISIONS ARE ADMISSIBLE AS SUBSTANTIVE EVIDENCE OF LIABILITY, DAMAGES, OR BOTH.

 

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

 

SECTION 1.  Section 38-77-720 of the S.C. Code is amended to read:

 

    Section 38-77-720. (a) The order of reference shall establish a panel of arbitrators, each of whom must be a member of the bar and the members must be selected for service in particular cases on some fair rotation basis.  Three arbitrators shall hear and determine each case and the decision of two of the three arbitrators shall determine the issue.  However, the parties to the dispute may, by agreement, provide for determination of the disputed claim by one arbitrator.

    (b) Each arbitrator assigned to determine the claim may be compensated, not to exceed thirty-fivefour hundred dollars for his services and time, payable out of the funds of the court and which may not be taxable as costs to either party.

    (c) The claimant who is the moving party in seeking arbitration shall pay to the clerk of court a fee of tenfifty dollars.  Five Twenty-five dollars must be retained by the clerk as the cost of filing the claim and final judgment and fivetwenty-five dollars must be used to pay the cost of service on the other party or parties.

 

SECTION 2.  Section 38-77-730(b) of the S.C. Code is amended to read:

 

    (b) The claim must be filed with the clerk of court in the county in which the cause of action arose or where the plaintiff or defendant resides.  The claim must be filed in triplicate with the clerk of court on forms to be provided by him.  The forms shall set forth the names of the parties, the date and place of the accident, and the amount of property damage claimed.  The clerk shall file one copy in his office, and one copy must be served upon the defendant as provided by law for service of summons and complaints.  The sheriff, or such other person, shall promptly serve the claim upon the defendant and shall receive the sum of fivetwenty-five dollars to defray the cost of securing this service.  The sheriff, or such other person, serving the process shall promptly file an affidavit of personal service with the clerk of court on forms to be provided by the clerk.

 

SECTION 3.  Section 38-77-740 of the S.C. Code is amended by adding:

 

    (d) The arbitrators, or the single arbitrator, may award the prevailing party reasonable attorney's fees and costs.

 

SECTION 4.  Section 38-77-770 of the S.C. Code is amended to read:

 

    Section 38-77-770. If any party is dissatisfied with the decision of the arbitrators, or the single arbitrator, he may appeal within twenty days of the decision to the court in which the claim is filed by service upon the other parties of a notice of appeal. Every notice of appeal shall include a statement under oath that the appeal is taken in good faith and not merely for the purpose of delay. The trial on appeal must be a trial de novo, where the decision of the arbitrators, or the single arbitrator, shall be admissible as substantive evidence of liability, damages, or both.

 

SECTION 5.  This act takes effect upon approval by the Governor.

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