Current Status Introducing Body:
SenateBill Number: 62Ratification Number: 205Act Number: 136Primary Sponsor: RoseType of Legislation: GBSubject: Magistrates, information to county SenatorsDate Bill Passed both Bodies: Jun 05, 1991Computer Document Number: 62Governor's Action: SDate of Governor's Action: Jun 12, 1991Introduced Date: Jan 08, 1991Date of Last Amendment: Jun 05, 1991Last History Body: ------Last History Date: Jun 12, 1991Last History Type: Act No. 136Scope of Legislation: StatewideAll Sponsors: RoseType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 62 ------ Jun 12, 1991 Act No. 136 62 ------ Jun 12, 1991 Signed by Governor 62 ------ Jun 06, 1991 Ratified R 205 62 Senate Jun 05, 1991 Free Conference Committee 99 Report adopted, enrolled for ratification 62 House Jun 05, 1991 Free Conference Committee 99 Report adopted 62 Senate Jun 05, 1991 Free Conference Powers granted 99 62 House Jun 04, 1991 Free Conference Powers 99 granted, appointed Reps. to Committee of Free Conference 62 Senate May 22, 1991 Conference powers granted, 98 appointed Senators to Committee of Conference 62 House May 22, 1991 Conference powers granted, 98 appointed Reps. to Committee of Conference 62 House May 22, 1991 Insists upon amendment 62 House May 21, 1991 Debate adjourned upon Senate message 62 House May 16, 1991 Debate adjourned 62 Senate May 15, 1991 Non-concurrence in House amendment 62 House May 02, 1991 Read third time, returned with amendment 62 House May 01, 1991 Amended, read second time 62 House Apr 17, 1991 Committee Report: Favorable 25 with amendment 62 House Jan 29, 1991 Introduced, read first time, 25 referred to Committee 62 Senate Jan 23, 1991 Read third time, sent to House 62 Senate Jan 22, 1991 Read second time, ordered to third reading with notice of general amendments 62 Senate Jan 22, 1991 Amended 62 Senate Jan 16, 1991 Committee Report: Favorable 11 with amendment 62 Senate Jan 08, 1991 Introduced and read first 11 time, referred to Committee 62 Senate Sep 10, 1990 Prefiled, referred to 11 CommitteeView additional legislative information at the LPITS web site.
(A136, R205, S62)
AN ACT TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
Be it enacted by the General Assembly of the State of South Carolina:
Information required from counties on magistrates
SECTION 1. Section 22-1-10(A) of the 1976 Code is 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."
Time limitation to provide information required by act
SECTION 2. Notwithstanding whether the names of appointees have been received by the Senate for advice and consent, the information required to be provided by the county within ninety days of May 1, 1991, must be provided within sixty days of the approval of this act by the Governor.
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1991.