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Indicates Matter Stricken
Indicates New Matter
THIRD READING RECONSIDERED, AMENDED AND READ THIRD TIME
June 21, 2000
H. 4460
S. Printed 6/21/00--S.
Read the first time May 16, 2000.
TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 SO AS TO REQUIRE ARBITRATION FOR CLAIMS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS OR LESS FILED IN CIRCUIT COURT AND TO PROVIDE AN EXCEPTION; TO ADD SECTION 22-3-40, SO AS TO PROVIDE FOR ARBITRATION OF CIVIL CASES IN MAGISTRATES COURTS; AND TO AMEND SECTION 22-8-40, AS AMENDED, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND MAGISTRATES SALARIES, SO AS TO CHANGE AN INCORRECT CROSS REFERENCE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 15 of the 1976 Code is amended by adding:
Section 15-47-100. Notwithstanding any other provision of law, a circuit court judge must designate any civil case pending before him in which there is any claim for monetary relief not exceeding seven thousand five hundred dollars total, exclusive of interest, costs, and attorney's fees, as subject to arbitration, and give notice to the parties of this designation. Arbitration of these cases is governed by the procedure set forth in the South Carolina Circuit Court Arbitration Rules; however, arbitration must not be ordered if the case has been exempted from arbitration by Rule 2(c) of the South Carolina Circuit Court Arbitration Rules."
SECTION 2. The 1976 Code is amended by adding:
"Section 22-3-40. Notwithstanding any other provision of law, the Chief Magistrate may designate any civil action which is (1) within magistrates court civil jurisdiction, (2) pending in the county, (3) commenced by a summons and complaint, and (4) a claim for monetary relief as eligible for arbitration, and give notice to the parties of this designation. Arbitration of a case in magistrates court is governed by the procedure set forth in the South Carolina Circuit Court Arbitration Rules; however, the arbitration of a case in magistrates court is not required to be scheduled or take place within three hundred days of the filing of the case. Arbitration must not be ordered for ejectment cases."
SECTION 3. Section 22-8-40(B)(1)(b) of the 1976 Code, as last amended by Act No. 226 of 2000, is further amended to read:
"(b) upon completing the requirements of Sections 22-1-10(C) and 22-1-12 22-1-16, a magistrate shall be paid eighty percent of the base salary for his county's population category as provided in item (2);"
SECTION 4. This act takes effect upon approval by the Governor; however, sections 1 and 2 of this act take effect January 1, 2001, and the completion of the requirement contained in Section 22-1-16 of the 1976 Code for purposes of Section 22-8-40(B)(1)(b) of the 1976 Code, as amended in Section 3 of this act, applies to magistrates whose initial appointment begins on or after July 1, 2001.
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