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S 885

Session 112 (1997-1998)

S 0885 General Bill, By Courson, Rankin and Short

Similar(H 4378)
 A BILL TO ENACT "THE MAGISTRATES COURTS REFORM ACT OF 1998" BY AMENDING
 SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
 APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT ADMINISTRATION AFTER
 CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM THE SENATORS
 REPRESENTING THE COUNTY OF THE NUMBER OF 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; TO
 REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS
 APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR
 AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE
 RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; BY AMENDING SECTION 22-1-15,
 RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE
 THAT A MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002, MUST HAVE RECEIVED A
 TWO-YEAR ASSOCIATE DEGREE AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR
 AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; BY
 AMENDING SECTION 22-1-30, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO
 AS TO PRO

   12/15/97  Senate Prefiled
   12/15/97  Senate Referred to Committee on Judiciary
   01/14/98  Senate Introduced and read first time SJ-22
   01/14/98  Senate Referred to Committee on Judiciary SJ-22
   04/15/98  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary SJ-12
   04/28/98  Senate Read second time SJ-21
   04/28/98  Senate Ordered to third reading with notice of
                     amendments SJ-21

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

April 15, 1998

S. 885

Introduced by Senators Courson, Rankin and Short

S. Printed 4/15/98--S.

Read the first time January 14, 1998.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 885), to enact "the Magistrates Courts Reform Act of 1998", etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

A BILL

TO ENACT "THE MAGISTRATES COURTS REFORM ACT OF 1998" BY AMENDING SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE FOR CIVIL ACTIONS AND COMPLAINTS FROM TWENTY-FIVE TO THIRTY-FIVE DOLLARS AND TO INCREASE THE FEE FOR PROCEEDINGS BY A LANDLORD AGAINST A TENANT FROM TEN TO TWENTY DOLLARS; BY AMENDING SECTION 22-1-10, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT ON OR AFTER JULY 1, 1998, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO PROVIDE THAT THE REQUIREMENT TO HAVE A FOUR-YEAR BACCALAUREATE DEGREE DOES NOT APPLY TO A MAGISTRATE SERVING ON JULY 1, 1998, DURING HIS TENURE IN OFFICE; BY AMENDING SECTION 22-1-30, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 34-11-70, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND PROBABLE CAUSE FOR PROSECUTION, SO AS TO INCREASE THE FEE A DEFENDANT PAYS FOR ADMINISTRATIVE COSTS OF DISMISSING THE ACTION PRIOR TO THE DATE OF TRIAL FROM TWENTY TO TWENTY-FIVE DOLLARS; BY AMENDING SECTION 34-11-98, RELATING TO JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO INCREASE THE MAGISTRATE'S JURISDICTION OVER INSTRUMENTS OF FIVE HUNDRED DOLLARS OR LESS TO A JURISDICTION OVER INSTRUMENTS OF ONE THOUSAND DOLLARS OR LESS; AND BY ADDING SECTION 9-11-27, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTION 22-1-12, SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION 22-1-17, SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING SECTION 22-1-19, SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; AND BY ADDING SECTION 22-2-5, SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; AND BY REQUESTING THAT THE SUPREME COURT MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING FURTHER CHANGES NEEDED.

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

SECTION 1. Section 8-21-1010 of the 1976 Code is amended to read:

"Section 8-21-1010. Except as otherwise expressly provided, the following fees and costs must be collected by the magistrates and deposited in the general fund of the county:

(1) for taking civil recognizance, with or without sureties, five dollars;

(2) for granting an order for civil special bail, with or without sureties, five dollars;

(3) for receiving and filing bond in claim and delivery, attachment, five dollars; if justification of sureties required, an additional five dollars;

(4) for administering and certifying oaths or documents in writing, two dollars;

(5) for issuing any prerogative writ, five dollars;

(6) in all civil actions, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, twenty-five thirty-five dollars;

(7) for issuing execution and renewal thereof, ten dollars;

(8) for making up, certifying, and forwarding a transcript of record and judgment in a case for purpose of appeal, ten dollars;

(9) for proceedings by a landlord or lessor against a tenant or lessee, including notices to quit, eviction orders, or recovery of rents, ten twenty dollars;

(10) for proceedings on a coroner's inquest, as prescribed by law, ten dollars, if inquest is demanded by a party other than the State or county or authorized officer of either;

(11) for proceeding on estrays, including judgment for possession, sale, or damages, ten dollars;

(12) for qualifying appraisers to set off homestead or qualifying sureties on a bond posted in a case, including bail bonds, five dollars;

(13) for each tax execution collected, five dollars;

(14) for filing or issuing any other paper not provided for in this section, five dollars.

No fees or costs may be assessed against a party for summoning jurors or expense of jury service in a criminal case in which a trial by jury is had."

SECTION 2. The 1976 Code is amended by adding:

"Section 9-11-27. (A) On and after January 1, 1999, any person who is a magistrate appointed pursuant to Section 22-1-10 shall participate in the South Carolina Police Officers Retirement System for his service as a magistrate.

(B) From January 1, 1999 to January 1, 2001, a magistrate who elects to transfer credited service received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System may do so upon payment of the accumulated employer and employee contributions and interest in the South Carolina Retirement System plus five percent of his annual salary in effect as of July 1, 1998, for each year of service prorated for periods of less than a year. After January 1, 2001, a magistrate may elect to transfer credited service received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System as provided in Section 9-11-40(9)."

SECTION 3. Section 22-1-10(B) of the 1976 Code is amended to read:

"(B)(1) No person is eligible to hold the office of magistrate who is not at the time of his appointment a citizen of the United States and of this State, and who has not been a resident of this State for at least five years, has not attained the age of twenty-one years upon his appointment, and has not received a high school diploma or its equivalent educational training as recognized by the State Department of Education.

(2) On and after July 1, 1998, no person is eligible for an initial appointment to hold the office of magistrate who (1) is not at the time of his appointment a citizen of the United States and of this State, (2) has not been a resident of this State for at least five years, (3) has not attained the age of twenty-one years upon his appointment, and (4) has not received a four-year baccalaureate degree."

SECTION 4. The 1976 Code is amended by adding:

"Section 22-1-12. (A) A magistrate whose initial appointment begins on or after July 1, 1998, may not try a case until a certificate is filed with the Clerk of the Supreme Court stating that the magistrate has observed ten trials. The certificate shall state the name of the proceeding, the dates and the tribunals involved, and must be attested to by the judge conducting the proceeding.

(B) The required trial experiences must include the following:

(1) four criminal cases in a magistrates court, two of which must be in a magistrates court where he will not preside;

(2) four civil cases in a magistrates court, two of which must be in a magistrates court where he will not preside;

(3) one criminal jury trial in circuit court; and

(4) one civil jury trial in circuit court.

(C) The trial observations may be undertaken and completed any time after a person has been nominated by the senatorial delegation for the position of magistrate."

SECTION 5. 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)(1) do not apply to a magistrate serving on January 1, 1989, during his tenure in office. A magistrate presently holding office 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 such violation terminates that magistrate's term of office.

(B) The provisions of Section 22-1-10(B)(2) do not apply to a magistrate serving on July 1, 1998, during his tenure in office."

SECTION 6. The 1976 Code is amended by adding:

"Section 22-1-17. (A) The South Carolina Court Administration is authorized to establish a two-year program available to magistrates who have successfully completed the certification examination. The program must provide extensive instruction in civil and criminal procedures and must encourage magistrates to develop contacts and resources of information in conjunction with their instructors and fellow magistrates.

(B) The program shall be administered through the state's technical college system and may be used to facilitate continuing legal education opportunities for all magistrates.

SECTION 7. The 1976 Code is amended by adding:

"Section 22-1-19. An advisory council shall be established in order to make recommendations to the Supreme Court regarding the eligibility examination, certification examination, and continuing education requirements for magistrates. The council shall submit an annual report to the Chief Justice of the Supreme Court or his designee. The council shall consist of:

(1) a member appointed by the South Carolina Bar upon the recommendation of the South Carolina Trial Lawyers Association;

(2) a member appointed by the South Carolina Bar upon the recommendation of the South Carolina Association of Criminal Defense Lawyers;

(3) a representative designated by the Criminal Justice Academy;

(4) a representative designated by the South Carolina Legal Services Association;

(5) a representative designated by the Summary Court Judges Association;

(6) a representative designated by the Dean of the University of South Carolina School of Law;

(7) a representative designated by the Chairman of the Senate Judiciary Committee;

(8) a representative designated by the Chairman of the House Judiciary Committee; and

(9) a representative designated by the Governor."

SECTION 8. Section 22-1-30 of the 1976 Code is amended to read:

"Section 22-1-30. A magistrate may be suspended or removed by order of the Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty. A magistrate's failure to retire in accordance with Section 22-1-25 or a magistrate's failure to comply with the training and examination requirements of Section 22-1-10(C) may subject him to suspension or removal by order of the Supreme Court."

SECTION 9. The 1976 Code is amended by adding:

"Section 22-2-5. (A) The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 1998. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 1998, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. The results of these eligibility examinations are valid for six months of the time the appointment is to be made.

(B) The Court Administration shall establish guidelines for exempting persons from taking the examination if certain prescribed educational equivalency requirements have been met.

(C) The Court Administration, in cooperation with the technical college system, shall develop an optional examination preparatory course."

SECTION 10. Section 22-2-200 of the 1976 Code is amended to read:

"Section 22-2-200. The provisions of Sections 8-21-1010, 8-21-1060, 22-1-10, 22-1-15, 22-1-170, 22-2-10, 22-2-210, 22-2-30, and Chapter 8 of Title 22 may in no way be construed to mandate the reduction of the total number of magistrates in any county which generates four million dollars or more annually in accommodations tax revenue. This in no way prohibits the county which generates four million dollars or more annually in accommodations tax revenue from increasing the number of its magistrates notwithstanding the provisions of this chapter or Chapter 8 of Title 22."

SECTION 11. Section 22-8-40 of the 1976 Code is amended to read:

"Section 22-8-40. (A) The county governing body of each county shall designate magistrates serving within the county as either full time or part time. A county is not required to have a full-time magistrate and may have only part-time magistrates.

(B) All magistrates in this State must be paid the base salary as determined by the following factors:

(1) There is established a base salary for each population category as follows:

(a) for those counties with a population of two hundred thousand and above, according to the latest official United States Decennial Census, the base salary is twenty-nine thousand dollars fifty percent of a circuit court judge's salary;

(b) for those counties with a population of at least one hundred fifty thousand but not more than one hundred ninety-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is twenty-seven thousand dollars forty-five percent of a circuit court judge's salary;

(c) for those counties with a population of at least one hundred thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is twenty-five thousand dollars forty percent of a circuit court judge's salary;

(d) for those counties with a population of at least fifty thousand but not more than ninety-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is twenty-two thousand dollars thirty-five percent of a circuit judge's salary;

(e) for those counties with a population of at least thirty-five thousand but not more than forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is nineteen thousand dollars thirty percent of a circuit judge's salary; and

(f) for those counties with a population of less than thirty-five thousand, according to the latest official United States Decennial Census, the base salary is seventeen thousand dollars twenty-five percent of a circuit judge's salary.

(2) The following salary schedule shall be used to determine a magistrates's annual compensation:

(a) upon being appointed a magistrate, a magistrate shall be paid seventy percent of the salary for his county's population category;

(b) upon completing the requirements of Sections 22-1-10(C) and 22-1-12, a magistrate shall be paid eighty percent of the salary for his county's population category;

(c) upon the magistrate's completion of his second year in office, a magistrate shall be paid eighty-five percent of the salary for his county's population category;

(d) upon the magistrate's completion of his third year in office, a magistrate shall be paid ninety percent of the salary for his county's population category;

(e) upon the magistrate's completion of his fourth year in office, a magistrate shall be paid one hundred percent of the salary for his county's population category.

(3) The provisions of this subsection are effective January 1, 1999.

(C) The number of magistrates shall be determined using the following factors:

(2) (1) There is established a ratio of one magistrate for every twenty-eight thousand persons in each county of the State based on the latest official United States Decennial Census.

(3) (2) There is established a ratio of one magistrate for every one hundred fifty square miles of area in each county of the State as a factor to be used in determining the base salary as provided in this section.

(3) Notwithstanding the provisions of subsection (D), the maximum number of magistrates in each county is the greater of that number determined by taking one magistrate for every twenty-eight thousand persons in each county or that number determined by taking the average of the ratio of one magistrate for every twenty-eight thousand persons in each county as provided by item (2) (1) of this section subsection and the ratio of one magistrate for every one hundred fifty square miles of area in each county as provided in item (3) (2) of this section subsection. However, no county is required to have fewer than the equivalent of one full-time magistrate and one part-time magistrate. If a fraction of a magistrate results, the county must round off the fraction, establishing an additional part-time magistrate. No additional magistrates may be added until a county has less than the ratio.

(D) In addition to the maximum number of magistrates prescribed in subsection (C), additional magistrates may be appointed as determined using the following formula:

(1) for counties which collect accommodations tax revenues of five hundred thousand to nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, one additional magistrate may be appointed;

(2) for counties which collect accommodations tax revenues of one million to two million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, two additional magistrates may be appointed;

(3) for counties which collect accommodations tax revenues of three million to four million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, three additional magistrates may be appointed; and

(4) for counties which collect accommodations tax revenues of five million dollars and above, four additional magistrates may be appointed.

(C)(E) Part-time magistrates are to be computed at a ratio of four part-time magistrates equals one full-time magistrate.

(E) A cost of living increase must be paid by the county in the amount provided classified state employees in the annual state general appropriations act of the previous fiscal year. The base salaries provided for in this Part must be adjusted annually based on the percentage amount of the cost of living increase paid to classified state employees in the annual state general appropriations act of the previous fiscal year.

(F)(G) A full-time chief magistrate must be paid a yearly supplement of three thousand dollars and reimbursed for travel expense expenses as provided by law while in the actual performance of his duties. A part-time chief magistrate must be paid a yearly supplement of fifteen hundred dollars and reimbursed for travel expense expenses as provided by law while in the actual performance of his duties.

(G)(H) Magistrates in a county are entitled to the same perquisites as those employees of the county of similar position and salary.

(H)(I) A ministerial magistrate is entitled to the same compensation as a part-time magistrate.

(I)(J) A magistrate who is receiving a salary greater than provided for his position under the provisions of this chapter must not be reduced in salary during his tenure in office, and must be paid the same percentage annual increase in salary as other magistrates. Tenure in office continues at the expiration of a term if the incumbent magistrate is reappointed.

(J)(K) No county may pay a magistrate a salary lower than the base salary established for that county by the provisions of subsection (B) of this section.

(K)(L) Nothing in this section may be interpreted as prohibiting a county from paying a magistrate more than the base salary established for all magistrates in that county.

(L)(M) The South Carolina Court Administration shall monitor compliance with this section. Nothing contained in this section may be construed as prohibiting a county from paying salaries in excess of the minimum base salaries provided for in this section."

SECTION 12. Section 34-11-70(c) of the 1976 Code, as last amended by Act No. 138 of 1995, is further amended to read:

"(c) Any court, including magistrate's, may dismiss any prosecution initiated pursuant to the provisions of this chapter on satisfactory proof of restitution and payment by the defendant of all administrative costs accruing not to exceed twenty twenty-five dollars submitted before the date set for trial after the issuance of a warrant."

SECTION 13. The first two paragraphs of Section 34-11-90 of the Code, as last amended by Act No. 609 of 1990, are further amended to read:

"A person violating the provisions of this chapter, upon conviction, for a first or second offense must be punished as follows:

If the amount of the instrument is five hundred one thousand dollars or less, it must be tried exclusively in a magistrate's court. A municipal governing body, by ordinance, may adopt by reference the provisions of this chapter as an offense under its municipal ordinances and by so doing authorizes its municipal court to try violations of this chapter. If the amount of the instrument is over five hundred one thousand dollars, it must be tried in the court of general sessions or any other court having concurrent jurisdiction. Notwithstanding the provisions of this paragraph, a person violating the provisions of this chapter, upon conviction for a third or subsequent conviction, may be tried in either a magistrate's court or in the court of general sessions."

SECTION 14. The Supreme Court is requested to make a report to the respective Chairmen of the Senate and House of Representatives Judiciary Committees by March 15, 1999, with recommendations for additional changes in the magistrates courts system.

SECTION 15. If a provision of this act or the application of a provision of this act to a person or circumstance is held to be invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

SECTION 16. This act takes effect on July 1, 1998, except as otherwise provided in the act./

Amend title to conform.

Majority favorable. Minority unfavorable.

JAMES E. BRYAN, JR. GLENN F. McCONNELL

For Majority. For Minority.

STATEMENT OF ESTIMATED FISCAL IMPACT

This bill would have no impact on state revenue. The revenue generated from fee increases would remain at the local level. This bill would impact local government revenue pursuant to Section 2-7-76.

This bill, as amended, effective July 1, 1998 would increase fees for bad checks, civil suits, and landlord evictions in magistrate's court. The charge for administrative costs related to bad checks will be increased from $20 to $25, the civil filing fee will be increased from $25 to $35, and the landlord/tenant filing fee will be increased from $10 to $20. According to a 1996 summary published by Court Administration, 203,000 civil and 237,000 criminal cases were handled in magistrate courts. However, these aggregate statistics provide no breakdown by type of proceeding needed to estimate revenues from these three types of cases only. Magistrate courts handle many other kinds of cases which are included in the aggregate figures.

In the absence of data on the numbers for these three specific kinds of cases, the BEA cannot estimate with much accuracy the additional revenue that will be collected from the fee increases. The Court Administration has agreed to conduct a sample survey of the courts to gather the data needed to estimate the various caseloads, the results of which are expected by April 17, 1998. For now, it appears that at least $3,000,000 will be collected at the local level from the fee increases. The BEA plans to revise the estimate after the survey results become available.

Approved By:

William C. Gillespie

Board of Economic Advisors

STATEMENT OF ESTIMATED FISCAL IMPACT

This bill would increase local government revenue by $3,000,000 in FY 1998-99.

Approved By:

William C. Gillespie

Division of Budget and Analysis

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

See Below

Judicial Department:

The Judicial Department has not submitted a response on this bill. However, their response will be forwarded upon receipt.

The Department becomes responsible for the following duties:

1 - Certify magistrates who have observed 10 trials

2 - Select and administer an Eligibility Exam and prep course with the cooperation of the State Board for Technical and Comprehensive Education

3- Establish a 2 year program for new magistrates to provide "extensive instruction in civil and criminal procedures"

4 - Make a report to the Judiciary Committees of the House and the Senate by March 15, 1999 with recommendations for additional changes to the magistrate's court system

5 - Advisory Council:

The bill establishes an advisory council to make recommendations to the Supreme Court regarding the eligibility examination, certification examination, and continuing education requirements for the magistrates. The council is made up of 9 appointed members. Assuming an average cost per council member per day of $100 which includes mileage and subsistence but excludes a per diem and hotel allowances, the total cost per council meeting is estimated at $900. The bill does not designate a funding source, therefore, it is further assumed the cost would be funded out of the general fund.

State Board for Technical and Comprehensive Education (SBTCE):

This bill requires SBTCE to administer a two year instructional program of civil and criminal procedures for all magistrates who have completed the certification examination, which has to be taken every eight years. It is assumed all 300 magistrates would opt to enroll in the program during the eight year cycle of the certification examination because it would also satisfy their mandated annual continuing education credit of eighteen hours. herefore, the program would have 75 magistrates enrolled every two years. It is further assumed the classes would be broadcast via video-conferencing to all of the technical school campuses. Since the bill does not outline the format or the curriculum for the program, three options were designed. The table below outlines the three options:

Total Annual

Cost Cost

1 - Six credit hours to spread over

the two years $166,000 83,000

2 - One six hour class per month for

two years (24 classes)$113,000 56,500

3 - One six hour class bimonthly for

two years (12 classes)$57,000 28,500

However, if the intent was to only include the newly appointed magistrates in the program then the total number of participants is decreased to 30 in the first year of implementation and 60 in subsequent years. The table below outlines the same three options with only the newly appointed magistrates attending:

First Year Second Year

Cost Cost

1 - Six credit hours to spread over

the two years $30,000 89,000

2 - One six hour class per month

for two years (24 classes)$40,000 115,000

3 - One six hour class bimonthly

for two years (12 classes)$20,000 57,000

Department of Public Safety (DPS):

The Department of Public Safety states that the impact of this legislation is undeterminable until the advisory council referred to in Section 22-1-19 has been established and the annual report submitted to the Chief Justice of the Supreme Court or his designee regarding the eligibility examination, certification examination, and continuing education requirements for magistrates. Since the Criminal Justice Academy of DPS currently provides continuing education for the magistrates, it is assumed DPS will be responsible for the council's new requirements in training and examination.

Summary of Annual General Fund Costs

Judicial Department

Administrative Costs Undeterminable

Advisory Council (3 meetings @ $900 each)$2,700

State Board for Technical and

Comprehensive Education$20,000 to $166,000

Department of Public Safety Undeterminable

TOTAL $22,700 to $168,700

Based on data provided by the SC Division of Court Administration and on assumptions outlined below, Draft Amended Senate Bill 885 increases the total salaries for the statewide magistrate system from $6,835,000 to $8,974,000 for a difference of $2,139,000. Including fringe benefits for all magistrates the total cost increases from an estimated $8,887,000 to $11,468,000, resulting in a net increase of $2,580,000. The net increase includes $2,139,000 for salaries and $441,000 for fringe benefits.

The bill stipulates beyond the maximum number of magistrates allowed, additional magistrates will be appointed based on a county's accommodations tax revenue collections. Based on data from the Department of Revenue for Fiscal Year 1996-97, 18 additional magistrates will be appointed. Assuming the magistrates will work full time, the total impact to the general fund is estimated at $827,000.

Assumptions:

1 - Calculations assume the same configuration of part/full time positions by county as currently exists

2 - Magistrate's salaries would be held harmless

3 - Fringe benefits include 12.62% for SC Police Officers Retirement System, 7.65% for Social Security Income, .26% for worker's compensation insurance, .12% Unemployment Compensation Insurance, and $2,194 for weighted average health benefits (health insurance, dental insurance, life insurance, and long term disability)

4 - Figures do not reflect any increased costs for associated fringe benefits

5 - For newly appointed magistrates it is assumed they would quickly complete the requirements in sections 22-1-10(C) and 22-1-12, therefore they would receive 80% of he salary for their county's population category

Estimates on fees and fines collected by the magistrates to support the magistrate system are not addressed in this impact, therefore, this impact does not take them into account. Pursuant to Section 2-7-71 of the 1976 South Carolina Code of Laws the Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.

Approved By:

Frank A. Rainwater

Office of State Budget

A BILL

TO ENACT "THE MAGISTRATES COURTS REFORM ACT OF 1998" BY AMENDING SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF 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; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; BY AMENDING SECTION 22-1-30, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; AND BY ADDING SECTION 9-11-27, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTION 22-1-12, SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION 22-1-17, SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING SECTION 22-1-19, SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; AND BY ADDING SECTION 22-2-5, SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; AND BY REQUESTING THAT THE SUPREME COURT MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING FURTHER CHANGES NEEDED.

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

SECTION 1. The 1976 Code is amended by adding:

(B) From January 1, 1999 to July 1, 1999, a magistrate who elects to transfer credited service received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System may do so upon payment of the accumulated employer and employee contributions and interest in the South Carolina Retirement System plus five percent of his annual salary in effect on July 1, 1998, for each year of service prorated for periods of less than a year. After July 1, 1999, a magistrate may elect to transfer credited service received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System as provided in Section 9-11-40(9)."

SECTION 2. Section 22-1-10(A) and (B) of the 1976 Code are amended to read:

"(A) 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 and until their successors are appointed and qualified.

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.

At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, the South Carolina Court Administration after consultation with each 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 Court Administration fails to inform, in writing, the Senators representing that county of the information as required in by 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.

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 Court Administration 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.

The number of magistrates to be appointed for each county and their territorial jurisdiction are as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section.

(B) No person is eligible to hold the office of magistrate who is not at the time of his appointment a citizen of the United States and of this State, and who has not been a resident of this State for at least five years, has not attained the age of twenty-one years upon his appointment, and has not received a high school diploma or its equivalent educational training as recognized by the State Department of Education.

(1) Notwithstanding the educational qualifications required in subsection (B), on or after May 1, 2002, no person is eligible to hold the office of magistrate who has not at the time of his appointment received a two-year associate degree.

(2) Notwithstanding the educational qualifications required in subsection (B), on or after May 1, 2006, no person is eligible to hold the office of magistrate who has not at the time of his appointment received a four-year baccalaureate degree."

SECTION 3. The 1976 Code is amended by adding:

"Section 22-1-12. (A) A magistrate whose initial appointment begins on or after May 1, 1998, may not try a case until a certificate is filed with the Clerk of the Supreme Court stating that the magistrate has observed ten trials. The certificate shall state the name of the proceeding, the dates and the tribunals involved, and be attested to by the judge conducting the proceeding.

(B) The required trial experiences must include the following:

(1) four criminal cases in a magistrates court, two of which must be in a magistrates court where he will not preside;

(2) four civil cases in a magistrates court, two of which must be in a magistrates court where he will not preside;

(3) one criminal jury trial in circuit court; and

(4) one civil jury trial in circuit court.

(C) The trial observations may be undertaken and completed any time after a person has been nominated by the senatorial delegation for the position of magistrate."

SECTION 4. 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 presently holding office 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 such violation terminates that magistrate's term of office.

(B) Notwithstanding the provisions of subsection (A), a magistrate holding office on the effective date of this subsection must receive a two-year associate degree by May 1, 2002, and must submit certified proof to the South Carolina Court Administration that he has received this degree or a higher educational level degree. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation, and such violation terminates that magistrate's term of office.

(C) Notwithstanding the provisions of subsections (A) and (B), a magistrate holding office on the effective date of this subsection must receive a four-year baccalaureate degree by May 1, 2006, and must submit certified proof to the South Carolina Court Administration that he has received this degree or a higher educational level degree. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation, and such violation terminates that magistrate's term of office."

SECTION 5. The 1976 Code is amended by adding: