South Carolina General Assembly
118th Session, 2009-2010

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S. 1008

STATUS INFORMATION

General Bill
Sponsors: Senators Rose and Campsen
Document Path: l:\s-res\mtr\023magi.mrh.mtr.docx

Introduced in the Senate on January 12, 2010
Currently residing in the Senate Committee on Judiciary

Summary: Magistrates

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/9/2009  Senate  Prefiled
   12/9/2009  Senate  Referred to Committee on Judiciary
   1/12/2010  Senate  Introduced and read first time SJ-54
   1/12/2010  Senate  Referred to Committee on Judiciary SJ-54
   1/12/2010  Senate  Referred to Subcommittee: Malloy (ch), Ford, Massey, 
                        S.Martin, Mulvaney

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/9/2009

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

A BILL

TO AMEND SECTION 22-1-15 OF THE 1976 CODE, RELATING TO THE EFFECT OF INCREASED EDUCATIONAL REQUIREMENTS FOR MAGISTRATES CURRENTLY SERVING, TO PROVIDE THAT THE INCREASED EDUCATION REQUIREMENTS OF AN ASSOCIATE'S AND A BACHELOR'S DEGREE NOT ONLY DO NOT APPLY TO A MAGISTRATE SERVING ON THE EFFECTIVE DATE OF THOSE INCREASED REQUIREMENTS DURING HIS TENURE IN OFFICE, BUT ALSO TO ANY SUBSEQUENT TERM OF OFFICE FOLLOWING A BREAK IN SERVICE.

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

SECTION    1.    Section 22-1-15 of the 1976 Code is amended to read:

"Section 22-1-15.    (A)    The provisions of Section 22-1-10(B) do not apply to a magistrate serving on January 1, 1989, during his tenure in office. A magistrate holding office after January 1, 1989, must achieve a high school education or the equivalent educational training as recognized by the State Department of Education within two years of January 1, 1989, and must submit a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education to the South Carolina Court Administration. However, this requirement does not apply to a magistrate with at least five years' service as a magistrate on January 1, 1989. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation, and a magistrate's violation of this subsection terminates his term of office.

(B)    The provisions of Section 22-1-10(B)(2)(a) and (b) do not apply to a magistrate serving on June 30, 2001, during his tenure in office and any subsequent term of office following a break in service.

(C)    The provisions of Section 22-1-10(B)(2)(b) do not apply to a magistrate serving on June 30, 2005, during his tenure in office and any subsequent term of office following a break in service."

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

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