Current Amendment: 1 to Bill 4805
The Committee on Judiciary proposes the following amendment (LC-4805.AHB0001H):
Amend the bill, as and if amended, SECTION 1, by striking Section 14-5-610(B) and (C) and inserting:
(B)
One judge must be elected from the sixth circuit. Two judges must be elected from the
first, second, fourth,
eighth, tenth,sixth and sixteenth circuits. Three judges must be elected from the
thirdfirst, seventh,
eighth, tenth, eleventh, twelfth,
and fourteenth
, and fifteenth circuits.
Four judges must be elected from the third circuitand fifteenth circuits. Five judges must be elected from the
fifth, ninth
, and thirteenth circuits.
Six judges must be elected from the fifth circuit.
(C) In addition to the above judges authorized by this section, there must be
sevenfour additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No.
74, respectively.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. The additional circuit court judge added in the fifth judicial circuit by this act must be a resident judge in Kershaw County.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. The additional circuit court judge added in the tenth judicial circuit by this act must be a resident judge in Oconee County.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the new judicial offices in the fifth and tenth circuit for election in 2027 as provided by law. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the new judicial offices in the sixth and fifteenth circuit one year later for election in 2028 as provided by law. The General Assembly then shall elect these judges from the nominees of the commission; except that, the nominating process may not begin until funding for the additional judges is provided in the general appropriations act.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Section 9-8-60(1) of the S.C. Code is amended to read:
(1) A member of the system may retire upon written application to the board setting forth at what time, not later than the end of the calendar year in which the member attains age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly or as allowed pursuant to subsection (7), and has completed
teneight years of earned service as a judge or eight years of earned service as a solicitor or circuit public defender or was in service as a judge or solicitor on July 1, 1984, and has either:
(a) attained the age of sixty-five and completed at least twenty years of credited service;
(b) attained age seventy and completed at least fifteen years of credited service; or
(c) completed at least twenty-five years of credited service in the system for a judge, or twenty-four years of credited service in the system for a solicitor or circuit public defender, regardless of age. A member may retire under this section if the member was a member of this system as of June 30, 2004; attained age sixty-five with at least four years' earned service in the position of judge, solicitor, or circuit public defender; and, as of June 30, 2004, had a total of twenty-five years of credited service with the State in the South Carolina Retirement System, the Police Officers Retirement System, or the Retirement System for Members of the General Assembly.
A person receiving retirement allowances under this system who is elected to the General Assembly continues to receive the retirement allowances while serving in the General Assembly, and also must be a member of the retirement system unless the person files a statement with the board on a form prescribed by the board electing not to participate in the applicable system while a member of the General Assembly. A person making this election shall not make contributions to the applicable retirement system nor shall the State make contributions on the member's behalf and the person is not entitled to benefits from the applicable retirement system after ceasing to be a member of the General Assembly.
Renumber sections to conform.
Amend title to conform.