Current Status Introducing Body:Senate Bill Number:1086 Primary Sponsor:Rose Type of Legislation:GB Subject:Coroners Training Council created Residing Body:Senate Current Committee:Judiciary Computer Document Number:436/11872.DW Introduced Date:Jan 14, 1992 Last History Body:Senate Last History Date:Apr 29, 1992 Last History Type:Recalled from Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1086 Senate Apr 29, 1992 Recalled from Committee 11
1086 Senate Jan 14, 1992 Introduced, read first time, 11
referred to Committee
1086 Senate Nov 11, 1991 Prefiled, referred to 11
Committee
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RECALLED
April 29, 1992
S. 1086
S. Printed 4/29/92--S.
Read the first time January 14, 1992.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 17-5-130 AND 17-5-140 SO AS TO PROVIDE QUALIFICATIONS AND TRAINING REQUIREMENTS FOR CORONERS; AND TO CREATE THE SOUTH CAROLINA TRAINING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, FUNCTIONS, POWERS, AND RESPONSIBILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 17, of the 1976 Code is amended by adding:
"Section 17-5-130. (A) All coroners in this State must have the following qualifications:
(1) be a citizen of the United States;
(2) be a resident of the county in which he seeks the office of coroner for at least two years before qualifying for the election to the office;
(3) be a registered voter;
(4) attained the age of twenty-five years before the date of qualifying for election to the office;
(5) obtained a high school diploma or its recognized equivalent;
(6) have not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this State, any other state, or the United States; and
(7) successfully completed the next scheduled class no longer than one hundred eighty days, after the person's election or appointment, a basic training course provided by the South Carolina Criminal Justice Academy and the South Carolina Coroners Association.
(B) (1) After July 1, 1993, every newly elected coroner in his first terms is required to complete a training session to be determined by the South Carolina Coroners' Training Council. This training must be completed no later than one hundred eighty days into the first calendar year of the first term of the newly elected coroner's term of office. A newly elected coroner who is unable to attend this training course when offered because of an emergency or extenuating circumstances shall, within one year from the date of disability or cause terminates, shall complete the standard basic course of instruction required of newly elected coroners. A newly elected coroner who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the coroner completes the course of instruction.
(2) After December 31, 1993, no person is eligible to hold the office of coroner or deputy coroner unless he attends a minimum of sixteen hours' training annually as may be selected by the South Carolina Coroners' Training Council and has on file a certificate to that effect with the council.
(3) The basis for the minimum annual requirement of in-service training is the calendar year. A coroner who satisfactorily completes the basic training course in accordance with the provisions of this section after the one hundred eighty-day period for newly elected coroners is excused from the minimum annual training requirements for the calendar year during which the basic course is completed.
(4) A waiver of the requirements of minimum annual in-service training may be granted by the board of directors of the South Carolina Coroners' Association, at its discretion, upon the presentation of evidence by a coroner that he was unable to complete the training due to emergency or extenuating circumstances considered sufficient by the board.
(5) A coroner who fails to complete the minimum annual in-service training required by this section may be suspended from office, without pay, by the Governor for ninety days. The Governor may continue to suspend a coroner until he completes the annual minimum in-service training required in this section. The Governor shall appoint, at the time of the coroner's suspension, a qualified person to perform as acting coroner during the suspension.
(C) The provisions of items (4) and (5) of subsection (A) do not apply to a coroner serving on the effective date of this section.
Section 17-5-140. (A) There is established a council which is known and designated as the "South Carolina Coroners' Training Council". It must be composed of:
(1) the director of the South Carolina Criminal Justice Academy or his designee who may not be a voting member;
(2) five coroners appointed by the South Carolina Coroners' Association; and
(3) one physician trained in forensic pathology and appointed by the coroners' association who may not be a voting member of the council but shall advise the council regarding the training course curriculum for coroners.
(B) The terms of office are four years and until the appointment and qualification of a successor. Upon the expiration of a member's term of office, the member shall continue to serve on the council until his successor is appointed and qualified. Any coroner who ceases to serve as coroner of a respective county is ineligible to continue service on the council. The South Carolina Criminal Justice Academy shall establish a curriculum advisory committee to provide information beneficial to the development of courses at the South Carolina Criminal Justice Academy. Members of this advisory committee will be selected by the director of the South Carolina Criminal Justice Academy. A majority of the council members constitutes a quorum for the transaction of business.
(C) The council is vested with the following functions, powers, and responsibilities:
(1) to make all the necessary rules and regulations to implement the provisions of Sections 17-5-130 and 17-5-140;
(2) to cooperate with and secure the cooperation of every department, agency, or instrumentality of the state government or its political subdivisions in furtherance of the provisions of Sections 17-5-130 and 17-5-140;
(3) to approve schools and prescribe minimum qualifications for instructors at approved schools;
(4) to issue a certificate of certification to any coroner or deputy coroner satisfactorily complying with an approved training program;
(5) to withdraw or suspend the certification of any coroner who has perfumed or is performing the duties of coroner in violation of this article;
(6) to do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; and
(7) to prescribe by rules and regulations the minimum requirements for curriculum and standards composing the initial in-service, advanced, specialized, and continuing training courses for certification."
SECTION 2. This act takes effect when the Constitution of this State is amended to authorize the provisions of this act.