Current Status Bill Number:458 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950207 Primary Sponsor:Ford All Sponsors:Ford Drafted Document Number:res9615.rf Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Magistrates, appointment of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950207 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES AND THEIR TERMS, LOCATIONS, AND TERRITORIAL JURISDICTIONS, SO AS TO PROVIDE THAT THE SENATORS REPRESENTING THE COUNTY FROM WHICH A MAGISTRATE IS APPOINTED, RATHER THAN THE COUNTY GOVERNING BODY, SHALL DETERMINE THE NUMBER OF HOURS REQUIRED FOR EACH MAGISTERIAL POSITION AND THE AREA OF THE COUNTY TO WHICH EACH MAGISTERIAL POSITION SHALL BE ASSIGNED.
Be it enacted by the General Assembly of the State of South Carolina:
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 shall 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, and the compensation for each position, and the area of the county to which each position is assigned. The Senators representing the county shall then determine the number of hours required for each position and the area of the county to which each position shall be 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 law or (2) authorized by the Senators representing the county or the county governing body, as appropriate, 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. This act takes effect upon approval by the Governor.