South Carolina H 4732: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JUSTIN DONALD ROBERTS OF MYRTLE BEACH FOR HIS NOTEWORTHY ACHIEVEMENTS IN THE BOY SCOUTS OF AMERICA AND TO CONGRATULATE HIM UPON ACHIEVING THE PRESTIGIOUS RANK OF EAGLE SCOUT, THE HIGHEST AWARD IN SCOUTING.

Bill Text

2025-2026 Bill 4732 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4732

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 38-77-720, RELATING TO PROPERTY DAMAGE LIABILITY CLAIMS ARBITRATION 
FEES AND ARBITRATOR COMPENSATION, SO AS TO INCREASE FEES AND COMPENSATION; BY 
AMENDING SECTION 38-77-730, RELATING TO ARBITRATION CLAIM FILINGS, SO AS TO 
REVISE FILING REQUIREMENTS; BY AMENDING SECTION 38-77-740, RELATING TO 
ARBITRATION CLAIM HEARINGS, SO AS TO PROVIDE ARBITRATORS MAY AWARD REASONABLE 
ATTORNEY'S FEES AND COSTS TO THE PREVAILING PARTY; AND BY AMENDING SECTION 
38-77-770, RELATING TO THE RIGHT TO A DE NOVO APPEAL OF ARBITRATOR DECISIONS, 
SO AS TO PROVIDE ARBITRATOR DECISIONS ARE ADMISSIBLE AS SUBSTANTIVE EVIDENCE OF 
LIABILITY, DAMAGES, OR BOTH.

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

SECTION 1. Section 38-77-720 of the S.C. Code is amended to read:

 Section 
38-77-720. (a) The order of 
reference shall establish a panel of arbitrators, 
each of whom must be a member of the bar and the members must be selected for 
service in particular cases on some fair rotation basis. Three arbitrators 
shall hear and determine each case and the decision of two of the three 
arbitrators shall determine the issue. However, the parties to the dispute 
may, by agreement, provide for determination of the disputed claim by one 
arbitrator.

 (b) 
Each arbitrator assigned to determine the claim may be compensated, not to 
exceed thirty-fivefour hundred 
dollars for his services and time, payable out of the funds of the court and 
which may not be taxable as costs to either party.

 (c) 
The claimant who is the moving party in seeking arbitration shall pay to the 
clerk of court a fee of tenfifty 
dollars. Five Twenty-five dollars 
must be retained by the clerk as the cost of filing the claim and final 
judgment and fivetwenty-five 
dollars must be used to pay the cost of service on the other party or parties.

SECTION 2. Section 38-77-730(b) of the S.C. Code is amended to 
read:

 (b) The claim must be filed with the 
clerk of court in the county in which the cause of action arose or where the 
plaintiff or defendant resides. The claim must be filed in 
triplicate with the clerk of court on forms to be provided by him. The 
forms shall set forth the names of the parties, the date and place of the 
accident, and the amount of property damage claimed. The clerk shall file one 
copy in his office, and one copy must be served upon the defendant as provided 
by law for service of summons and complaints. The sheriff, or such other 
person, shall promptly serve the claim upon the defendant and shall receive the 
sum of fivetwenty-five 
dollars to defray the cost of securing this service. The sheriff, or such 
other person, serving the process shall promptly file an affidavit of personal 
service with the clerk of court on forms to be provided by the clerk.

SECTION 3. Section 38-77-740 of the S.C. Code is amended by 
adding:

 (d) The arbitrators, or the single 
arbitrator, may award the prevailing party reasonable attorney's fees and 
costs.

SECTION 4. Section 38-77-770 of the S.C. Code is amended to read:

 Section 
38-77-770. If any party is dissatisfied with the decision of the arbitrators, 
or the single arbitrator, he may appeal within twenty days of the decision to 
the court in which the claim is filed by service upon the other parties of a 
notice of appeal. Every notice of appeal shall include a statement under oath 
that the appeal is taken in good faith and not merely for the purpose of delay. 
The trial on appeal must be a trial de novo, where the 
decision of the arbitrators, or the single arbitrator, shall be admissible as 
substantive evidence of liability, damages, or both.

SECTION 5. This act takes effect upon approval 
by the Governor.

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