Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 5, 2026

 

H. 4813

 

Introduced by Reps. Pope, C. Mitchell and Robbins

 

S. Printed 2/5/26--H.

Read the first time January 13, 2026

 

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The committee on House Judiciary

To whom was referred a Bill (H. 4813) to amend the South Carolina Code of Laws by amending Sections 8-21-1010 and 8-21-1060, both relating to fees and costs to be collected by magistrates, both so as, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Revenue

This bill increases the amount of certain magistrate court fees. The fees increased by this bill are collected by magistrate courts and deposited in the general fund of the county or forwarded to the State Treasurer for allocation to Judicial. The following table displays the increased fees.

 

 

This bill will result in an increase in the fees collected in court. Court fines and fees are distributed to the General Fund and Other Funds, and local funds. Judicial anticipates this bill will result in an increase in revenue allocated to Judicial from magistrate court fees collected and remitted by counties pursuant to §22-3-340. Judicial provided the following information to estimate the revenue impact of the bill based on the number of filings during FY 2024-2025.

 

17	FY 2024-2025
18  19	Current Fee	Actual Revenue	Proposed Fee	Revenue With Increase	Total Increase
20	$10	$1,471,851	$15	$2,207,777	$735,926
21	$25	$1,698,742	$40	$2,717,987	$1,019,245

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 8-21-1010 AND 8-21-1060, BOTH RELATING TO FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, BOTH SO AS TO INCREASE VARIOUS FEES AND COSTS; AND BY AMENDING SECTION 22-3-340, RELATING TO ASSESSMENTS ON FILINGS IN MAGISTRATES COURT, SO AS TO INCREASE THE ASSESSMENT ON SUMMONS AND COMPLAINT FILINGS AND ALL OTHER CIVIL FILINGS.

 

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

 

SECTION 1.A.  Section 8-21-1010 of the S.C. Code is 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 ten 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, forty-five sixty-five dollars;

       (7) for issuing execution and renewal thereof, ten twenty 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, twenty forty 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; and

       (14) for filing or issuing any other paper not provided for in this section, five ten dollars.

    (B) 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.

 

B. Section 8-21-1060 of the S.C. Code is amended to read:

 

    Section 8-21-1060. Except as otherwise expressly provided, the following fees and costs must be collected by the magistrate or his officers and deposited in the general fund of the county:

    (1) for summoning a witness to magistrate court in a civil action, three dollars, plus mileage at the

 

 current state rate;

    (2) for summoning the jury panel to try a civil action in magistrate court, five dollars, to be taxed against the losing party;

    (3) for summoning a coroner's jury and witnesses, five dollars, and mileage, to be paid only if inquest is demanded by person other than the State, county, or authorized officer thereof;

    (4) for serving a summons, rule, order, or notice by a magistrate in a civil action, five twenty dollars, plus mileage;

    (5) for serving an attachment or civil arrest on a person and making return thereof, five dollars, plus mileage;

    (6) for selling an estray, five percent of the sale proceeds;

    (7) for levying execution, posting notice of sale, conducting sale, and paying over proceeds in a magistrate court action, ten twenty dollars;

    (8) for serving warrants, or any other criminal process, and for conveying prisoners by order of the magistrate or other court, mileage as permitted under Section 8-21-1040.

 

SECTION 2.  Section 22-3-340 of the S.C. Code is amended to read:

 

    Section 22-3-340.  An assessment equal to twenty-five forty dollars is imposed on all summons and complaint filings in magistrates court and an assessment equal to ten fifteen dollars is imposed on all other civil filings in magistrates court, except for restraining orders. The fees must be collected by the magistrates court and forwarded monthly to the county treasurer and remitted in turn by the county treasurer to the State Treasurer for allocation to the judicial department.

SECTION 3.  This act takes effect on January 1, 2027.

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