Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 4457
STATUS INFORMATION
General Bill
Sponsors: Reps. Huggins and W.J. McLeod
Document Path: l:\council\bills\ms\7169ahb16.docx
Companion/Similar bill(s): 325
Introduced in the House on January 12, 2016
Introduced in the Senate on February 10, 2016
Currently residing in the Senate Committee on Judiciary
Summary: Civil jurisdiction of magistrate courts
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
12/3/2015 House Prefiled
12/3/2015 House Referred to Committee on Judiciary
1/12/2016 House Introduced and read first time (House Journal-page 70)
1/12/2016 House Referred to Committee on Judiciary
(House Journal-page 70)
1/27/2016 House Member(s) request name added as sponsor: W.J.McLeod
1/27/2016 House Committee report: Favorable with amendment Judiciary
(House Journal-page 70)
2/2/2016 House Requests for debate-Rep(s). Bannister, Norman, Atwater,
Allison, Anderson, Forrester, Daning, Bradley,
Whitmire, Sandifer, Weeks, Loftis, Burns
(House Journal-page 23)
2/9/2016 House Read second time (House Journal-page 35)
2/9/2016 House Roll call Yeas-89 Nays-21 (House Journal-page 35)
2/10/2016 House Read third time and sent to Senate
(House Journal-page 30)
2/10/2016 Senate Introduced and read first time (Senate Journal-page 5)
2/10/2016 Senate Referred to Committee on Judiciary
(Senate Journal-page 5)
View the latest legislative information at the website
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
January 27, 2016
H. 4457
S. Printed 1/27/16--H.
Read the first time January 12, 2016.
To whom was referred a Bill (H. 4457) to amend Section 22-3-10, Code of Laws of South Carolina, 1976, relating to the civil jurisdiction of the magistrates court, so as to increase, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 22-3-10 of the 1976 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 twenty-five 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 twenty-five thousand five hundred dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount claimed of forfeited does not exceed seven twenty-five 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 twenty-five thousand five hundred dollars;
(5) in actions upon a bond conditioned for the payment of money, not exceeding seven twenty-five 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 twenty-five 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 twenty-five 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 twenty-five 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 twenty-five thousand five hundred dollars;
(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven twenty-five 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 twenty-five thousand five hundred dollars; and
(14) in actions for damages arising from a person's failure to return leased or rented 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 twenty-five 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. /
Renumber sections to conform.
Amend title to conform.
F. GREGORY DELLENEY, JR. for Committee.
TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF THE MAGISTRATES COURT, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-3-10 of the 1976 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 fifteen 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 fifteen thousand five hundred dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount claimed of forfeited does not exceed seven fifteen 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 fifteen thousand five hundred dollars;
(5) in actions upon a bond conditioned for the payment of money, not exceeding seven fifteen 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 fifteen 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 fifteen 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 fifteen 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 fifteen thousand five hundred dollars;
(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven fifteen 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 fifteen thousand five hundred dollars; and
(14) in actions for damages arising from a person's failure to return leased or rented 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 fifteen 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.
This web page was last updated on February 11, 2016 at 9:34 AM