South Carolina H 3530: Calhoun County School District

Bill Text

2025-2026 Bill 3530 Text of Previous Version (Feb. 10, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3530

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

Committee Report

February 5, 2026

H. 3530

Introduced by Reps. W. Newton, Pope, 
Spann-Wilder, Bernstein, Cobb-Hunter, Vaughan, C. Mitchell, Robbins and T. 
Moore 

S. Printed 2/5/26--H. [SEC 
2/10/2026 1:09 PM]

Read the first time January 14, 2025

________

The committee on House Judiciary

To whom was referred a Bill (H. 3530) to amend 
the South Carolina Code of Laws by adding Section 2-19-115 so as to require 
candidates for magistrate positions to be reviewed by the Judicial Merit 
Selection, 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 3, by 
striking Section 22-1-15(D) and inserting:

 (D) The provisions of Section 22-1-10(B)(2)(c) do 
not apply to a magistrate serving on June 30, 20252026, during his tenure in office including 
subsequent reappointments.

Amend the bill 
further, SECTION 4, by striking Section 22-3-10 and inserting:

 Section 22-3-10. (A) Magistrates have concurrent civil jurisdiction in 
the following cases:

Amend the bill 
further, SECTION 4, Section 22-3-10, by adding a subsection to read:

 (B) Limited discovery is allowed in 
magistrates court in actions provided in this section. The discovery allowed is 
limited to potential witness disclosures, records intended to be produced at 
trial, and self-authenticating medical records and bills.

Amend the bill 
further, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 22-3-20 of the S.C. Code is amended to read:

 Section 
22-3-20. No magistrate shall have cognizance of a 
civil action:

 (1) Inin which the State 
is a party, except an action for a penalty and not exceeding one thousand five hundred dollars; or

 (2) Whenwhen the title to 
real property shall come in question, except as provided in Article 11 of this 
chapter.

SECTION X. Article 1, Chapter 7, Title 18 of the S.C. Code is 
amended by adding:

 Section 
18-7-95. If a magistrate fails to comply with Sections 18-7-60, 18-7-70, or 
18-7-80, or orders issued pursuant to these sections, an appellate court, in 
its discretion, may declare a magistrate unavailable as contemplated pursuant 
to Section 18-7-90.

Amend the bill 
further, SECTION 7, by striking Section and inserting:

SECTION 7. This act takes effect on July 1, 20252026; except that SECTION 
4 takes effect on July 1, 2028, and SECTION 5 takes effect on July 1, 2030..

Renumber sections to conform.

Amend title to conform.

W. NEWTON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill makes several changes to the 
appointment process, requirements, and jurisdiction of magistrates in the 
state. Under the bill, the Senate is required to forward prospective magistrate 
candidates to the JMSC for review in the same manner as other judicial 
vacancies. A report by JMSC must then be submitted to the Senate and the 
Governor prior to the Governor's appointment. Currently, senatorial delegations 
determine the individuals to be recommended to the Governor for appointment 
pursuant to Section 22-2-10, or a nonpartisan preferential election is held 
pursuant to Section 22-2-15, both of which are repealed by the bill. This bill 
specifies that a magistrate may serve in a holdover capacity for no more than 
14 days from the expiration of his term, and the Governor may make a temporary 
appointment if the Senate has not given advice and consent for a new 
appointment within this holdover timeframe. The bill adds the requirement that 
beginning July 1, 2025, a magistrate appointee must have received a juris 
doctor degree and be a member in good standing with the South Carolina Bar. 

The bill increases the concurrent civil 
jurisdiction of magistrates from the current $7,500 limit for civil claims to 
claims not to exceed $25,000. The bill also increases the limits on criminal 
cases that magistrates may hear from the current fine or forfeiture limit of 
$500 or imprisonment of no more than 30 days to up to $25,000 or imprisonment 
not exceeding 1 year. 

Judicial. The bill expands 
concurrent jurisdiction for magistrate court for certain civil actions and 
criminal actions. Judicial reports that from July 1, 2024, to June 30, 2025, 
there were 6,886 misdemeanors disposed of in general sessions court, which 
would have been eligible for disposition in magistrate court under this bill. 
However, Judicial states that increasing magistrate-level criminal jurisdiction 
could result in more cases appealed to the circuit court. Judicial is further 
una