Bill 777

                    Current Status

Bill Number:                       777
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19950425
Primary Sponsor:                   Washington 
All Sponsors:                      Washington 
Drafted Document Number:           jic\5849sd.95
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Date of Last Amendment:            19960425
Subject:                           Magistrates, retired

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960430  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960426  Read third time, sent to House
Senate  19960425  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 19960426
Senate  19960424  Committee report: Favorable with         11 SJ
                  amendment
Senate  19950425  Introduced, read first time,             11 SJ
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 25, 1996

S. 777

S. Printed 4/25/96--S.

Read the first time April 25, 1995.

A BILL

TO AMEND SECTION 22-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY RETIREMENT AGE FOR MAGISTRATES, SO AS TO PERMIT A RETIRED MAGISTRATE TO BE APPOINTED BY THE GOVERNOR, UPON THE RECOMMENDATION OF THE GOVERNING BODY OF THE COUNTY WHEREIN HE LAST SERVED, TO SERVE AS A SPECIAL MAGISTRATE IN THE COUNTY FOR THE PURPOSE OF TEMPORARILY REPLACING AN EXISTING MAGISTRATE WHO IS UNABLE PRESENTLY TO FULFILL HIS DUTIES DUE TO ILLNESS, INJURY, OR OTHER SIMILAR REASONS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 22-1-25 of the 1976 Code, as added by Act 183 of 1993, is amended to read:

"Section 22-1-25. (A) Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(8), (10), or (12), it shall be is mandatory for a magistrate to retire not later than the end of the fiscal year in which he reaches his seventy-second birthday. Any magistrate serving in office on the effective date of this section who has attained the age of seventy-two years prior to July 1, 1993, may continue to serve until June 30, 1994.

(B) Any retired magistrate receiving retirement benefits from a retirement system of this State, regardless of his age, may be appointed by the Governor, upon recommendation of the governing body of the county in which he last served, to serve as a special magistrate in the county in the manner provided by this section. The retired magistrate's service as a special magistrate must be for the purpose of temporarily replacing a magistrate of the county who is unable presently to fulfill his duties due to illness, injury, or other similar reasons. If a magistrate becomes ill, sustains an injury, or suffers from another cause which prevents or will prevent him from discharging his duties for a consecutive period of at least fifteen days, the county governing body may petition the Governor to appoint a specified retired magistrate to serve as a special magistrate for the county. A special magistrate, if so appointed, must be compensated in an amount determined by the county governing body, provided that the limitations on what covered retired employees may earn if they return to work under a state retirement system continue to apply to the special magistrate. The special magistrate shall serve for the period of time specified by the Governor in his certificate of appointment."

SECTION 2. This act takes effect upon approval by the Governor.