A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 18-7-95 SO AS TO ALLOW APPELLATE COURTS TO PROCEED AS IF A MAGISTRATE HAS DIED, BECOME INSANE, OR IS ABSENT IN CASES WHERE THE MAGISTRATE FAILS TO COMPLY WITH CERTAIN STATUTES REGARDING MAKING A RETURN TO THE APPELLATE COURT; BY AMENDING SECTION 22-3-10, RELATING TO CONCURRENT CIVIL JURISDICTION, SO AS TO INCREASE THE CIVIL JURISDICTION OF MAGISTRATES COURT; BY AMENDING SECTION 22-3-20, RELATING TO CIVIL ACTIONS WHEN MAGISTRATES HAVE NO JURISDICTION, SO AS TO INCREASE THE EXCEPTION FOR PENALTIES OF A CERTAIN AMOUNT; AND BY AMENDING SECTION 22-3-340, RELATING TO ASSESSMENTS ON CIVIL FILINGS IN MAGISTRATES COURT, SO AS TO INCREASE ASSESSMENTS.

 

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

 

SECTION 1.  Article 1, Chapter 7, Title 18 of the S.C. Code is amended by adding:

 

    Section 18-7-95. If a magistrate fails to comply with Sections 18-7-60, 18-7-70, or 18-7-80, or orders issued pursuant to these sections, an appellate court may, in its discretion, declare a magistrate absent and proceed pursuant to Section 18-7-90.

 

SECTION 2.  Section 22-3-10 of the S.C. Code is 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 seven seventy-four 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 seven seventy-four thousand five hundred dollars;

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

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

    (12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven seventy-four 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;

    (13) in interpleader actions arising from real estate contracts for the recovery of earnest money, only if the sum claimed does not exceed seven seventy-four thousand five hundred dollars; and

    (14) in actions for damages arising from a person's failure to return leased or rented personal property within seventy-two hours after the expiration of the lease or rental agreement, such damages to be based on the loss of revenue or replacement value of the property, whichever is less, if the damages claimed do not exceed seven seventy-four thousand five hundred dollars;  however, the lease or rental agreement must set forth the manner in which the amount of the loss of revenue or replacement value of the item leased or rented is calculated.

 

SECTION 3.  Section 22-3-20 of the S.C. Code is amended to read:

 

    Section 22-3-20. No magistrate shall have cognizance of a civil action:

    (1) In which the State is a party, except an action for a penalty and not exceeding one thousand five hundred dollars; or

    (2) When the title to real property shall come in question, except as provided in Article 11 of this chapter.

 

SECTION 4.  Section 22-3-340 of the S.C. Code is amended to read:

 

    Section 22-3-340.  An assessment equal to twenty-five fifty dollars is imposed on all summons and complaint filings in magistrates court and an assessment equal to ten 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 5.  This act takes effect upon approval by the Governor.

----XX----