S 64 Session 109 (1991-1992)
S 0064 General Bill, By M.T. Rose
A Bill to amend Section 22-8-20, Code of Laws of South Carolina, 1976,
relating to magistrates' judicial functions, so as to limit the combined total
number of hours worked in magistrate and non-magistrate positions to sixty
hours per week.
09/10/90 Senate Prefiled
09/10/90 Senate Referred to Committee on Judiciary
01/08/91 Senate Introduced and read first time SJ-42
01/08/91 Senate Referred to Committee on Judiciary SJ-42
A BILL
TO AMEND SECTION 22-8-20, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO MAGISTRATES' JUDICIAL
FUNCTIONS, SO AS TO LIMIT THE COMBINED TOTAL NUMBER
OF HOURS WORKED IN MAGISTRATE AND NON-MAGISTRATE
POSITIONS TO SIXTY HOURS PER WEEK.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-8-20 of the 1976 Code is amended to read:
"Section 22-8-20. (A) Magistrates are judicial officers, and the
hours they spend in the performance of their official duties are hours
spent in the exercise of their judicial function. The exercise of the
judicial function involves the examination of facts leading to findings,
the application of law to those findings, and the ascertainment of the
appropriate remedy. Time spent in the performance of judicial functions
also includes time spent performing ministerial duties necessary for the
exercise of the magistrates' judicial powers, as well as necessary travel
and training time. In the case of chief magistrates, the judicial function
includes time necessary to perform the administrative and other duties
required of a chief magistrate for administrative purposes. The
classification or reclassification of magistrates as full time or part time
must be made in consideration of these factors.
(B) The combined total number of hours of magistrate and
non-magistrate work performed by a magistrate may not exceed sixty
hours per week. Magistrate work is work performed by a magistrate as
described in paragraph (A) of this section. Non-magistrate work is any
work performed by a magistrate for which the magistrate is compensated
and is not magistrate work. A magistrate holding office upon the
effective date of this item is exempt from this limitation until the next
time of appointment for that position."
SECTION 2. This act takes effect upon approval by the Governor.
-----XX----- |