H*3043(Rat #0274, Act #0183)  General Bill, By Scott
 A Bill to amend Section 22-3-800, Code of Laws of South Carolina, 1976,
 relating to a magistrate's authority to suspend sentences in certain cases, so
 as to provide that up to one hundred hours of community service may be imposed
 or suspended where an amount is not provided otherwise, and to prohibit a
 magistrate from ordering community service in lieu of a sentence for certain
 offenses; to add Section 22-1-25 so as to establish a mandatory retirement age
 of seventy-two for magistrates; to amend Section 8-13-910 relating to
 statements of economic interest filed by candidates for offices elected or
 consented to by the General Assembly so as to provide that the statements of
 candidates for whom the advice and consent of the Senate or General Assembly
 is required must be forwarded by the appointing authority with the appointment
 rather than filed by the candidate with the Senate and House of
 Representatives Ethics Committees; to add Section 1-3-215 so as to provide
 that the Governor must submit certain information to the Senate on
 appointments requiring the advice and consent of the Senate.-amended title

   01/12/93  House  Introduced and read first time HJ-29
   01/12/93  House  Referred to Committee on Judiciary HJ-29
   02/03/93  House  Committee report: Favorable with amendment
                     Judiciary HJ-5
   02/04/93  House  Amended HJ-24
   02/04/93  House  Read second time HJ-25
   02/09/93  House  Read third time and sent to Senate HJ-18
   02/09/93  Senate Introduced and read first time SJ-10
   02/09/93  Senate Referred to Committee on Judiciary SJ-11
   04/28/93  Senate Committee report: Favorable with amendment
                     Judiciary SJ-17
   04/29/93  Senate Amended SJ-26
   04/29/93  Senate Read second time SJ-26
   04/29/93  Senate Ordered to third reading with notice of
                     amendments SJ-26
   05/26/93  Senate Special order SJ-37
   06/01/93  Senate Debate interrupted SJ-212
   06/02/93  Senate Amended SJ-3
   06/02/93  Senate Read third time and returned to House with
                     amendments SJ-88
   06/03/93  House  Non-concurrence in Senate amendment HJ-4
   06/03/93  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Holland, Hayes, Peeler SJ-57
   06/03/93  House  Conference committee appointed Graham, Simrill &
                     Jennings HJ-54
   06/03/93  House  Free conference powers granted HJ-93
   06/03/93  House  Free conference committee appointed Graham,
                     Simrill & Jennings HJ-94
   06/03/93  Senate Free conference powers granted SJ-58
   06/03/93  Senate Free conference committee appointed Sens.
                     Holland, Hayes, Peeler SJ-58
   06/14/93  House  Free conference report received and adopted HJ-22
   06/14/93  Senate Free conference report received and adopted SJ-210
   06/14/93  House  Ordered enrolled for ratification HJ-31
   06/15/93         Ratified R 274
   06/21/93         Signed By Governor
   06/21/93         Effective date 06/21/93
   07/14/93         Copies available

AN ACT TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED OR SUSPENDED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE, AND TO PROHIBIT A MAGISTRATE FROM ORDERING COMMUNITY SERVICE IN LIEU OF A SENTENCE FOR CERTAIN OFFENSES; TO ADD SECTION 22-1-25 SO AS TO ESTABLISH A MANDATORY RETIREMENT AGE OF SEVENTY-TWO FOR MAGISTRATES; TO AMEND SECTION 8-13-910 RELATING TO STATEMENTS OF ECONOMIC INTEREST FILED BY CANDIDATES FOR OFFICES ELECTED OR CONSENTED TO BY THE GENERAL ASSEMBLY SO AS TO PROVIDE THAT THE STATEMENTS OF CANDIDATES FOR WHOM THE ADVICE AND CONSENT OF THE SENATE OR GENERAL ASSEMBLY IS REQUIRED MUST BE FORWARDED BY THE APPOINTING AUTHORITY WITH THE APPOINTMENT RATHER THAN FILED BY THE CANDIDATE WITH THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES; TO ADD SECTION 1-3-215 SO AS TO PROVIDE THAT THE GOVERNOR MUST SUBMIT CERTAIN INFORMATION TO THE SENATE ON APPOINTMENTS REQUIRING THE ADVICE AND CONSENT OF THE SENATE.

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

Suspension of sentences; community service in lieu of sentence; exceptions

SECTION 1. Section 22-3-800 of the 1976 Code is amended to read:

"Section 22-3-800. Notwithstanding the limitations of Sections 17-25-100 and 24-21-410, after a conviction or plea for an offense within a magistrate's jurisdiction the magistrate at the time of sentence may suspend the imposition or execution of a sentence upon terms and conditions the magistrate considers appropriate, including imposing or suspending up to one hundred hours of community service, except where the amount of community service is established otherwise. The magistrate shall not order community service in lieu of a sentence for offenses under Title 50, for offenses under Section 34-11-90, or for an offense of driving under suspension pursuant to Section 56-1-460 when the person's driver's license was suspended pursuant to the provisions of Section 56-5-2990. The magistrate must keep records on the community service hours ordered and served for each sentence. However, after a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 within the magistrate's jurisdiction, at the time of sentence the magistrate may suspend the imposition or execution of a sentence only upon a showing of satisfactory proof of restitution. When a minimum sentence is provided for by statute, except in Section 34-11-90, the magistrate may not suspend that sentence below the minimum sentence provided, and penalties under Title 50 may not be suspended to an amount less than twenty-five dollars unless the minimum penalty is a fine of less than that amount. Nothing in this section may be construed to authorize or empower a magistrate to suspend a specific suspension of a right or privilege imposed under a statutory administrative penalty. Nothing in this section may be construed to give a magistrate the right to place a person on probation."

Mandatory retirement at age seventy-two for magistrates

SECTION 2. Chapter 1 of Title 22 of the 1976 Code is amended by adding:

"Section 22-1-25. Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(8), (10) or (12), it shall be mandatory for a magistrate to retire not later than the end of the fiscal year in which he reaches his seventy-second birthday. Any magistrate serving in office on the effective date of this section who has attained the age of seventy-two years prior to July 1, 1993, may continue to serve until June 30, 1994."

Filing of statements of economic interest for candidates elected or consented to by the General Assembly; authority with whom to file

SECTION 3. Section 8-13-910 of the 1976 Code, as added by Act 248 of 1992, is amended to read:

"Section 8-13-910. (A) No person who is a candidate for public office which is filled by election by the General Assembly may be voted upon by the General Assembly until at least ten days following the date on which the candidate files a statement of economic interests as defined in this chapter with the Chairman of the Senate Ethics Committee and the Chairman of the House of Representatives Ethics Committee.

(B) No person who is appointed to an office which is filled with the advice and consent of the Senate or the General Assembly may be confirmed unless the appointment, when received by the Senate and/or the House, is accompanied by a current original copy of a statement of economic interests which has been filed with the appointing authority and is transmitted with the appointment and until at least ten days following the date on which the appointment, with the attached original economic interests statement, has been received by the Senate and/or the House."

Governor to submit information on appointees requiring advice and consent of Senate

SECTION 4. Chapter 3 of Title 1 of the 1976 Code is amended by adding:

"Section 1-3-215. Appointments of the Governor requiring the advice and consent of the Senate must be transmitted to the Senate and must contain at a minimum the following information:

(1) the title of the office to which the individual is being appointed;

(2) the designation of any special seat, discipline, interest group, or other designated entity that the individual is representing or is chosen from;

(3) the full legal name of the individual being appointed;

(4) the current street or mailing address and telephone number;

(5) the county, counties, district, or other geographic area or political subdivision being represented;

(6) the name of the individual being replaced if the appointment is not an initial appointment; and

(7) the commencement and ending date of the term of office."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Approved the 21st day of June, 1993.