TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 22-1-10(A), RELATING TO The APPOINTMENT AND TERM OF MAGISTRATES, SO AS
TO PROVIDE THAT MAGISTRATES MAY NO LONGER SERVE IN HOLDOVER CAPACITY LONGER
THAN NINETY DAYS.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1. Section 22-1-10(A) of the S.C. Code is amended to read:
(A)(1) The Governor, by and
with the advice and consent of the Senate, may appoint magistrates in each
county
of the State for a term of four years. A magistrate
may continue to serve for no more than ninety days after the conclusion of his
term. and until their successors are appointed and
qualified, or their positions are terminated as Nothing
in this item shall be construed to limit or abrogate the provisions provided
in subsection (B), Section 22-1-30, or Section 22-2-40.
Magistrates serving the
counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee,
Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville,
Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda,
Sumter, and Williamsburg shall serve terms of four years commencing May 1,
1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley,
Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood,
Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland,
Spartanburg, Union, and York shall serve terms of four years commencing May 1,
1991.
(2) At least ninety days before
the date of the commencement of new magistrate terms in a
county, the terms provided in the preceding
paragraph and every four years thereafter, eachthe
county governing body must inform, in writing, the Senators representing that
county of the number of full-time and part-time magistrate positions available
in the county, the number of work hours required by each position, the
compensation for each position, and the area of the county to which each
position is assigned. If the county governing body fails to inform, in
writing, the Senators representing that county of the information as required
in this section, then the compensation, hours, and location of the full-time
and part-time magistrate positions available in the county remain as designated
for the previous four years.
(3) Each magistrate's number of
work hours, compensation, and work location must remain the same throughout the
term of office, except for a change (1) specifically allowed by statute or (2)
authorized by the county governing body at least four years after the
magistrate's most recent appointment and after a material change in conditions
has occurred which warrants the change. Nothing provided in this section
prohibits the raising of compensation or hours and compensation during a term
of office. No magistrate may be paid for work not performed except for bona
fide illness or as otherwise provided by law.
(4) The number of magistrates to
be appointed for each county and their territorial jurisdiction are as
prescribed in this chapter by
law before March 2, 1897, for trial justices in the respective counties of the
State, except as otherwise provided in this section.
SECTION 2. Any
magistrate serving in a holdover capacity on the effective date of this act has
ninety days to be reappointed and confirmed by the Senate or their office will
be vacated.
SECTION 3. This act takes effect upon approval
by the Governor.
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