Indicates Matter Stricken

Indicates New Matter

 

Committee Report

January 24, 2024

 

H. 4029

 

Introduced by Reps. Dillard, Hyde, Bailey and Brittain

 

S. Printed 01/24/24--H.

Read the first time February 23, 2023

 

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The committee on House Judiciary

To whom was referred a Bill (H. 4029) 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 with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 33-1-103 and inserting:

    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.

 

Renumber sections to conform.

Amend title to conform.

 

WESTON NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

 

Local Expenditure

This bill allows a housing authority to designate an employee or principal to represent it in magistrates' court.  The 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.  RFA contacted all forty-six counties and the MASC and received a response from the MASC.  The MASC indicates that the bill will have no expenditure impact on cities and towns. 

 

 

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 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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