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A180, R203, H3516
Sponsors: Reps. Vaughn, Whipper, Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, Mahaffey, Sinclair, Snow, Stille, Taylor, Cotty and Edge
Document Path: l:\council\bills\bbm\9436zw03.doc
Introduced in the House on February 5, 2003
Introduced in the Senate on April 15, 2003
Last Amended on February 5, 2004
Passed by the General Assembly on February 25, 2004
Governor's Action: March 5, 2004, Signed
Summary: Property, rental or leased; failure to return, provisions and penalties; magistrates authority; restitution provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/5/2003 House Introduced and read first time HJ-18 2/5/2003 House Referred to Committee on Judiciary HJ-18 2/13/2003 House Member(s) request name added as sponsor: Cotty 4/9/2003 House Committee report: Favorable with amendment Judiciary HJ-9 4/10/2003 House Member(s) request name added as sponsor: Edge 4/10/2003 House Amended HJ-24 4/10/2003 House Read second time HJ-25 4/10/2003 House Unanimous consent for third reading on next legislative day HJ-25 4/11/2003 House Read third time and sent to Senate HJ-4 4/15/2003 Senate Introduced and read first time SJ-49 4/15/2003 Senate Referred to Committee on Judiciary SJ-49 2/4/2004 Senate Committee report: Favorable with amendment Judiciary SJ-40 2/5/2004 Senate Amended SJ-31 2/11/2004 Senate Read second time SJ-49 2/17/2004 Senate Read third time and returned to House with amendments SJ-11 2/19/2004 House Debate adjourned on amendments HJ-43 2/25/2004 House Concurred in Senate amendment and enrolled HJ-47 3/2/2004 Ratified R 203 3/5/2004 Signed By Governor 3/10/2004 Copies available 3/10/2004 Effective date 03/05/04 3/23/2004 Act No. 180
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VERSIONS OF THIS BILL
(A180, R203, H3516)
AN ACT TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO ADD TO THE LIST OF CASES OVER WHICH MAGISTRATES HAVE CONCURRENT CIVIL JURISDICTION 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, TO PROVIDE SUCH DAMAGES TO BE BASED ON THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY, WHICHEVER IS LESS, AND TO REQUIRE THAT THE LEASE OR RENTAL AGREEMENT SHALL SPECIFY THE MANNER IN WHICH THE CALCULATION OF THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY SHALL BE CALCULATED.
Be it enacted by the General Assembly of the State of South Carolina:
Magistrates civil jurisdiction expanded
SECTION 1. Section 22-3-10 of the 1976 Code, as last amended by Act 184 of 2002, is further 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 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 thousand five hundred dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seven 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 thousand five hundred dollars;
(5) in actions upon a bond conditioned for the payment of money, not exceeding seven 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 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 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 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 thousand five hundred dollars;
(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven 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 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 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 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 2nd day of March, 2004.
Approved the 5th day of March, 2004.
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