Indicates Matter Stricken

Indicates New Matter

 

Committee Report

April 30, 2025

 

H. 3335

 

Introduced by Reps. Dillard and Spann-Wilder

 

S. Printed 4/30/25--H.

Read the first time January 14, 2025

 

________

 

The committee on House Judiciary

To whom was referred a Bill (H. 3335) to amend the South Carolina Code of Laws by amending Section 33-1-103, relating to designation of representation in magistrates court, so as to include housing authorities, 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 Expenditure

This bill adds housing authorities to corporations and partnerships as entities that may designate an employee or principal to represent them in magistrates court.

 

Judicial anticipates this bill may result in an increase in the number of civil cases originating in magistrates court, which may increase the workload of the court system. The potential increase will depend on whether housing authorities will file more civil suits due to this bill. Judicial anticipates that the increase in cases can be initially managed within existing appropriations. However, Judicial indicates that if the increase in the caseload is significant, it will request additional General Fund appropriations.

 

This bill will have no expenditure impact on the State Housing Authority as it does not operationally or fiscally impact the agency.

 

Local Expenditure

RFA contacted all counties and MASC to determine the local expenditure impact of this bill. We received responses from Florence County and MASC. Florence does not anticipate any expenditure impact from this bill. Additionally, MASC anticipates this bill will have no impact on municipalities.

 

 

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 SECTION 33-1-103, RELATING TO DESIGNATION OF REPRESENTATION IN MAGISTRATES COURT, SO AS TO INCLUDE HOUSING AUTHORITIES.

 

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

 

SECTION 1.  Section 33-1-103 of the S.C. Code is amended to read:

 

    Section 33-1-103.  A corporation or partnership, as defined in this section, or a housing authority may designate an employee or principal of the corporation, or partnership, or housing authority to represent it in magistrates' court. This designation must be in writing and must be submitted to the magistrate at the time the initial pleading in the case is filed by the party. Notwithstanding the provisions of Chapter 5 of Title 40 or any other provision of law, the person so designated, while representing the corporation, or partnership, or housing authority in magistrates' court, is not engaging in the unauthorized practice of law.

    As used in this section, a corporation or partnership is defined as a general partnership, a limited liability partnership, a limited liability company, a limited partnership, a professional association, a professional corporation, a nonprofit corporation, a business corporation, or a statutory close corporation.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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