South Carolina General Assembly
114th Session, 2001-2002

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Bill 3849


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3849
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010329
Primary Sponsor:                  Sinclair
All Sponsors:                     Sinclair, J.E. Smith, Cotty, Allen, 
                                  Allison, Barrett, Campsen, Coleman, Davenport, 
                                  Delleney, Easterday, Fleming, Harrison, 
                                  Haskins, Hinson, Huggins, Keegan, Kelley, Lee, 
                                  Littlejohn, Lourie, Lucas, McCraw, McGee, 
                                  Meacham-Richardson, Merrill, Rivers, Robinson, 
                                  Sandifer, F.N. Smith, W.D. Smith, Talley, 
                                  Townsend, Vaughn, Walker, Weeks, White, 
                                  Wilder, Wilkins, J. Young and McLeod
Drafted Document Number:          l:\council\bills\pt\1312dw01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Date of Last Amendment:           20020319
Subject:                          Probate judges, qualifications for based 
                                  on population of county in which judge serves 
                                  changed; Courts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020320  Introduced, read first time,           11 SJ
                  referred to Committee
House   20020320  Read third time, sent to Senate
House   20020319  Amended, read second time
House   20020319  Request for debate by Representative           Howard
------  20020311  Scrivener's error corrected
House   20020306  Committee report: Favorable with       25 HJ
                  amendment
House   20020306  Co-Sponsor added (Rule 5.2) by Rep.            McLeod
House   20010329  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on March 6, 2002 - Word format
Revised on March 11, 2002 - Word format
Revised on March 19, 2002 - Word format

View additional legislative information at the LPITS web site.


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

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 19, 2002

    H. 3849

Introduced by Reps. Sinclair, J.E. Smith, Cotty, Allen, Allison, Barrett, Campsen, Coleman, Davenport, Delleney, Easterday, Fleming, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Lee, Littlejohn, Lourie, Lucas, McCraw, McGee, Meacham-Richardson, Merrill, Rivers, Robinson, Sandifer, F.N. Smith, W.D. Smith, Talley, Townsend, Vaughn, Walker, Weeks, White, Wilder, Wilkins and J. Young

S. Printed 3/19/02--H.

Read the first time March 29, 2001.

            

A BILL

TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE, AMONG OTHER THINGS, THE QUALIFICATIONS BASED ON THE POPULATION OF THE COUNTY IN WHICH THE PROBATE JUDGE SERVES.

    Amend Title To Conform

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

SECTION    1.    Section 14-23-1040 of the 1976 Code, as last amended by Part IV, Section 3, Act 678 of 1988, is further amended to read:

    "Section 14-23-1040.    (A) Prior to January 1, 2004, no person is eligible to hold the office of judge of probate who is not unless the person at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State.:

        (1)    is a citizen of the United States and a resident of this State;

        (2)    is twenty-one years of age;

        (3)    is a qualified elector of the county in which he is to be a judge;

        (4)    has graduated from high school or, if he has no degree, has four year's experience as a full time associate probate judge in a probate judge's office in this State; and

        (5)    has not been convicted of a felony offense or any offense involving moral turpitude under the laws of this State, any other state, or the United States.

    (B)    After December 31, 2003, through December 31, 2005, no person is eligible to hold the office of judge of probate unless the person at the time of his election:

        (1)    Is a citizen of the United States and a resident of this State;

        (2)    is twenty-one years of age;

        (3)    is a qualified elector of the county in which he is to be a judge;

        (4)    has obtained an degree from an accredited college or community college or, if he has no degree, has four year's experience as a full time associate probate judge in a probate judge's office in this State; and

        (5)    has not been convicted of a felony offense or any offense involving moral turpitude under the laws of this State, any other state, or the United States.

    (C)    After December 31, 2005, no person is eligible to hold the office of judge of probate unless the person at the time of his election:

        (1)    is a citizen of the United States and a resident of this State;

        (2)    is twenty-one years of age;

        (3)    is a qualified elector of the county in which he is to be a judge;

        (4)    has obtained a four year bachelor's degree from an accredited post-secondary institution or, if he has no degree, has four year's experience as a full time associate probate judge in a probate judge's office in this State; and

        (5)    has not been convicted of a felony offense or any offense involving moral turpitude under the laws of this State, any other state, or the United States.

    (D)    Notwithstanding the provisions of this section a person holding the office of probate judge as of July 1, 2002, is deemed to have satisfied the requirements of this section to hold his current office and for the purposes of running for election or re-election. However, if a person deemed to be qualified for the office of probate judge pursuant to this section is out of office for a term or any portion of a term before seeking election, the person must satisfy the applicable requirements of this section to be qualified to run for office."

SECTION    2.    This act takes effect July 1, 2002.

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