2003-2004 Bill 389: Court of Common Pleas and Family Court; No Fees to Be Charged for Filing

South Carolina General Assembly

115th Session, 2003-2004

S. 389

STATUS INFORMATION

General Bill

Sponsors: Senators Ritchie, Hayes, Land, Hawkins, Hutto and Malloy

Document Path: l:\council\bills\gjk\20220sd03.doc

Introduced in the Senate on February 19, 2003

Introduced in the House on April 9, 2003

Last Amended on April 3, 2003

Currently residing in the House Committee on Judiciary

Summary: Court of Common Pleas and Family Court; no fees to be charged for filing consent order for dismissal of any civil action

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

2/19/2003 Senate Introduced and read first time SJ6

2/19/2003 Senate Referred to Committee on Judiciary SJ6

4/2/2003 Senate Committee report: Favorable with amendment Judiciary SJ19

4/3/2003 Senate Amended SJ50

4/3/2003 Senate Read second time SJ50

4/8/2003 Senate Read third time and sent to House SJ38

4/9/2003 House Introduced and read first time HJ29

4/9/2003 House Referred to Committee on Judiciary HJ29

VERSIONS OF THIS BILL

2/19/2003

4/2/2003

4/3/2003

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 3, 2003

S.389

Introduced by Senators Ritchie, Hayes, Land, Hawkins, Hutto and Malloy

S. Printed 4/3/03--S.

Read the first time February 19, 2003.

[389-1]

A BILL

TO AMEND SECTION 821320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTION FEES IN THE COURT OF COMMON PLEAS AND FAMILY COURT, SO AS TO PROVIDE THAT NO FEE SHALL BE CHARGED FOR FILING A CONSENT ORDER FOR DISMISSAL OF ANY CIVIL ACTION.

Amend Title To Conform

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

SECTION 1. Section 821320 of the 1976 Code, as added by Act 329 of 2002, is amended to read:

“Section 821320. There is assessed for every motion made in the court of common pleas and family court, not including motions made in family court juvenile delinquency proceedings, a fee of twentyfive dollars. The fee must accompany each motion filed. No fee shall be charged for filing any consent order in a civil action. The Supreme Court has authority to issue administrative rules to exempt from the motion fee certain family court matters involving rules to show cause in child and spousal support matters. The Supreme Court may waive the filing fees imposed by this section upon a proper showing of indigency. The revenue from this fee must be collected by the clerk of court in each court and remitted to the State Treasurer and credited to a separate judicial department support fund for the exclusive use of the judicial department.”

SECTION 2. This act takes effect upon approval by the Governor.

[389] 1