Current Status Introducing Body:
SenateBill Number: 1071Primary Sponsor: LourieCommittee Number: 11Type of Legislation: GBSubject: Magistrate appointments, certain provisions deletedResiding Body: SenateCurrent Committee: JudiciaryComputer Document Number: BR1/1861.SDIntroduced Date: Jan 14, 1992Last History Body: SenateLast History Date: Jan 14, 1992Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: Lourie PattersonType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 1071 Senate Jan 14, 1992 Introduced, read first time, 11 referred to Committee 1071 Senate Oct 07, 1991 Prefiled, referred to 11 CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO DELETE CERTAIN PROVISIONS WHICH REQUIRE THE GOVERNING BODY OF EACH COUNTY TO PROVIDE THE SENATORS OF THAT COUNTY WITH INFORMATION PERTAINING TO THE NUMBER OF MAGISTERIAL POSITIONS AVAILABLE IN THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE COMPENSATION FOR EACH POSITION, AND THE AREA OF COUNTY TO WHICH EACH POSITION IS ASSIGNED, AND TO DELETE PROVISIONS PERTAINING TO THE MANNER IN WHICH THE INFORMATION SO PROVIDED MAY BE CHANGED; AND TO AMEND ACT 136 OF 1991, RELATING TO MAGISTRATES, BY DELETING PROVISIONS RELATING TO WHEN THE ABOVE-REFERENCED INFORMATION IS REQUIRED TO BE FURNISHED DURING 1991.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-1-10(A) of the 1976 Code, as last amended by Act 136 of 1991, is further 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, 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 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.
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.
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."
SECTION 2. Section 2 of Act 136 of 1991 is repealed.
SECTION 3. This act takes effect upon approval by the Governor.