S 0777 General Bill, By Washington
 A Bill to amend Section 22-1-25, Code of Laws of South Carolina, 1976,
 relating to the mandatory retirement age for magistrates, so as to permit a
 retired magistrate to be appointed by the Governor, upon the recommendation of
 the governing body of the county wherein he last served, to serve as a special
 magistrate in the county for the purpose of temporarily replacing an existing
 magistrate who is unable presently to fulfill his duties due to illness,
 injury, or other similar reasons.

   04/25/95  Senate Introduced and read first time SJ-6
   04/25/95  Senate Referred to Committee on Judiciary SJ-6
   04/24/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-11
   04/25/96  Senate Amended SJ-64
   04/25/96  Senate Read second time SJ-64
   04/25/96  Senate Unanimous consent for third reading on next
                     legislative day SJ-64
   04/26/96  Senate Read third time and sent to House SJ-3
   04/30/96  House  Introduced and read first time HJ-15
   04/30/96  House  Referred to Committee on Judiciary HJ-16

COMMITTEE AMENDMENT ADOPTED

April 25, 1996

S. 777

Introduced by SENATOR Washington

S. Printed 4/25/96--S.

Read the first time April 25, 1995.

A BILL

TO AMEND SECTION 22-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY RETIREMENT AGE FOR MAGISTRATES, SO AS TO PERMIT A RETIRED MAGISTRATE TO BE APPOINTED BY THE GOVERNOR, UPON THE RECOMMENDATION OF THE GOVERNING BODY OF THE COUNTY WHEREIN HE LAST SERVED, TO SERVE AS A SPECIAL MAGISTRATE IN THE COUNTY FOR THE PURPOSE OF TEMPORARILY REPLACING AN EXISTING MAGISTRATE WHO IS UNABLE PRESENTLY TO FULFILL HIS DUTIES DUE TO ILLNESS, INJURY, OR OTHER SIMILAR REASONS.

Amend Title To Conform

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

SECTION 1. Section 22-1-25 of the 1976 Code, as added by Act 183 of 1993, is amended to read:

"Section 22-1-25. (A) Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(8), (10), or (12), it shall be is 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.

(B) Any retired magistrate receiving retirement benefits from a retirement system of this State, regardless of his age, may be appointed by the Governor, upon recommendation of the governing body of the county in which he last served, to serve as a special magistrate in the county in the manner provided by this section. The retired magistrate's service as a special magistrate must be for the purpose of temporarily replacing a magistrate of the county who is unable presently to fulfill his duties due to illness, injury, or other similar reasons. If a magistrate becomes ill, sustains an injury, or suffers from another cause which prevents or will prevent him from discharging his duties for a consecutive period of at least fifteen days, the county governing body may petition the Governor to appoint a specified retired magistrate to serve as a special magistrate for the county. A special magistrate, if so appointed, must be compensated in an amount determined by the county governing body, provided that the limitations on what covered retired employees may earn if they return to work under a state retirement system continue to apply to the special magistrate. The special magistrate shall serve for the period of time specified by the Governor in his certificate of appointment."

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