View Amendment Current Amendment: JUD0394.004.DOCX to Bill 394     Senator ROSE proposed the following amendment (JUD0394.004):
    Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

/     A BILL

TO AMEND SECTION 14-11-10, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE ESTABLISHMENT OF THE MASTER-IN-EQUITY COURT, SO AS TO PERMIT A COUNTY WITH A POPULATION OF MORE THAN ONE HUNDRED THIRTY THOUSAND BUT LESS THAN ONE HUNDRED FIFTY THOUSAND TO HAVE A PART-TIME OR A FULL-TIME MASTER-IN-EQUITY AS DETERMINED BY THE GOVERNING BODY OF THE COUNTY OR COUNTIES IN WHICH THE A MASTER-IN-EQUITY SERVES; AND TO AMEND SECTION 14-11-30, RELATING TO THE COMPENSATION OF MASTER-IN-EQUITY, SO AS TO ALLOW A PART-TIME MASTER-IN-EQUITY IN CITIES OR COUNTIES WITH POPULATIONS OF ONE HUNDRED THIRTY THOUSAND OR GREATER.

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

SECTION     1.     It is the intent of the General Assembly in this time of economic recession to allow flexibility and discretion to county councils regarding whether to fund a part-time or a full-time master-in-equity regardless of whether the population of a county has increased or decreased. Several factors in addition to population should be considered when county councils hire a master-in-equity, including but not limited to, available caseload, complexity of the case load, available resources to compensate the master-in-equity, and the efficiency of the docket. It is, therefore, the purpose of this act to afford county councils discretion, despite a county's population, on whether to hire a full or part-time master-in-equity.

SECTION     2.     Section 14-11-10 of the 1976 Code, as last amended by Act No. 678, 1989, is amended to read:

    "Section 14-11-10.         (A)     As a part of the unified judicial system, there is established in each of the counties of this State having a population of at least one hundred thirty thousand, according to the latest official United States Decennial Census, a master-in-equity court. The master-in-equity for the court must be appointed pursuant to the provisions of Section 14-11-20.
    (B)(1)     A county with a population of more than one hundred thirty thousand, according to the latest official United States Decennial Census, may have a full-time master-in-equity. A county with a population of one hundred fifty thousand or more, according to the latest official United States Decennial Census, must have a full-time master-in-equity.
        (2)     Nothing in this section prohibits a county or area with a population of less more than one hundred thirty thousand, but less than one hundred fifty thousand, according to the latest official United States Decennial Census, from having either a part-time or full-time master-in-equity in the discretion of the governing body of the county.
        (3)     Nothing in this section prohibits a county or area with a population of more than thirty thousand, but less than one hundred thirty thousand, according to the latest official United States Decennial Census, from having a part-time master-in-equity.
        (4)     The governing bodies of any two or more counties may join together to fund the office of master-in-equity to serve two or more counties. Funding of this master-in-equity must be borne by each county included on a per capita population basis."

SECTION     3.     Section 14-11-30(6) of the 1976 Code, as last amended by Act No. 678, 1989, is amended to read:

    "(6)     Where the area served has a population of between one hundred thirty thousand and one hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the master-in-equity serving that area is may be part time or full time, as determined by the governing body of the county or counties in which a master-in-equity serves, and must be paid a salary equal to seventy-five percent fifty-five percent of that of a circuit judge if part time, and must be paid a salary equal to seventy-five percent of that of a circuit judge if full time."

SECTION     4.     This act takes effect upon approval by the Governor.     /

    Renumber sections to conform.
    Amend title to conform.