South Carolina General Assembly
115th Session, 2003-2004

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H. 3137

STATUS INFORMATION

General Bill
Sponsors: Reps. Sinclair, Littlejohn, W.D. Smith, Weeks, J.E. Smith, Edge and McLeod
Document Path: l:\council\bills\dka\3060dw03.doc

Introduced in the House on January 14, 2003
Introduced in the Senate on March 4, 2003
Currently residing in the Senate

Summary: Probate judge qualifications changed

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/4/2002  House   Prefiled
   12/4/2002  House   Referred to Committee on Judiciary
   1/14/2003  House   Introduced and read first time HJ-58
   1/14/2003  House   Referred to Committee on Judiciary HJ-58
   2/19/2003  House   Committee report: Favorable Judiciary HJ-5
   2/20/2003  House   Member(s) request name added as sponsor: Weeks, J.E.Smith
   2/25/2003  House   Requests for debate-Rep(s). Howard, Hinson, Bingham, 
                        Gourdine, JH Neal, JE Smith, Umphlett, Parks, Miller, 
                        Ott, Breeland, Mack, Govan, J. Brown, Toole, and 
                        Merrill HJ-27
   2/26/2003  House   Member(s) request name added as sponsor: Edge, McLeod
   2/26/2003  House   Read second time HJ-96
   2/26/2003  House   Roll call Yeas-94  Nays-12 HJ-99
   2/27/2003  House   Read third time and sent to Senate HJ-26
    3/4/2003  Senate  Introduced and read first time SJ-11
    3/4/2003  Senate  Referred to Committee on Judiciary SJ-11
   5/21/2003  Senate  Committee report: Favorable with amendment Judiciary SJ-8
   5/22/2003          Scrivener's error corrected

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002
2/19/2003
5/21/2003
5/22/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 21, 2003

H. 3137

Introduced by Reps. Sinclair, Littlejohn, W.D. Smith, Weeks, J.E. Smith, Edge and McLeod

S. Printed 5/21/03--S.    [SEC 5/22/03 2:52 PM]

Read the first time March 4, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3137) to amend Section 14-23-1040, as amended, Code of Laws of South Carolina, 1976, relating to qualifications for a judge of probate, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/    SECTION    1.    Section 14-23-1040 of the 1976 Code is amended to read:

"Section 14-23-1040.    (A)    Before January 1, 2006, No a person is not eligible to hold the office of judge of probate who is not unless the person at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State.:

(1)    is a citizen of the United States and a resident of this State;

(2)    is twenty-one years of age;

(3)    is a qualified elector of the county in which he is to be a judge;

(4)    has received a high school diploma or GED or, if he has no such diploma or GED, has four years' experience as a full-time probate judge or associate probate judge in a probate judge's office in this State; and

(5)    has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.

(B)    From January 1, 2006, through December 31, 2007, a person is not eligible to hold the office of judge of probate unless the person at the time of his election:

(1)    is a citizen of the United States and a resident of this State;

(2)    is twenty-one years of age;

(3)    is a qualified elector of the county in which he is to be a judge;

(4)    has obtained a degree from an accredited college or community college or, if he has no such degree, has four years' experience as a full-time probate judge or associate probate judge in a probate judge's office in this State; and

(5)    has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.

(C)    On and after January 1, 2008, a person is not eligible to hold the office of judge of probate unless the person at the time of his election:

(1)    is a citizen of the United States and a resident of this State;

(2)    is twenty-one years of age;

(3)    is a qualified elector of the county in which he is to be a judge;

(4)    has obtained a four-year bachelor's degree from an accredited post-secondary institution or, if he has no degree, has four years' experience as a full-time probate judge or associate probate judge in a probate judge's office in this State; and

(5)    has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.

(D)    The provisions of this section do not apply to a person holding the office of probate judge as of July 1, 2004, during the person's tenure in office. Tenure in office continues at the expiration of a term if the person is reelected in a consecutive election. However, if a person qualified for the office of probate judge pursuant to the provisions of this section has a break in service for a term or a portion of a term before seeking reelection, the person must satisfy the applicable requirements of this section at the time of filing for reelection."

SECTION    2.    This act takes effect July 1, 2004.        /

Renumber sections to conform.

Amend title to conform.

JAMES H. RITCHIE, JR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Enactment of this bill would have no impact on the General Fund of the State or on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

Each of the counties responding indicated enactment would result in no or minimal impact on local expenditures.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.

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

SECTION    1.    Section 14-23-1040 of the 1976 Code, as last amended by Part IV, Section 3, Act 678 of 1988, is further amended to read:

"Section 14-23-1040.    (A)    Before January 1, 2006, No a person is not eligible to hold the office of judge of probate who is not unless the person at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State.:

(1)    is a citizen of the United States and a resident of this State;

(2)    is twenty-one years of age;

(3)    is a qualified elector of the county in which he is to be a judge;

(4)    has graduated from high school or, if he has no degree, has four years' experience as a full time associate probate judge in a probate judge's office in this State; and

(5)    has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.

(B)    After December 31, 2005, through December 31, 2007, a person is not eligible to hold the office of judge of probate unless the person at the time of his election:

(1)    is a citizen of the United States and a resident of this State;

(2)    is twenty-one years of age;

(3)    is a qualified elector of the county in which he is to be a judge;

(4)    has obtained an degree from an accredited college or community college or, if he has no degree, has four years' experience as a full time associate probate judge in a probate judge's office in this State; and

(5)    has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.

(C)    After December 31, 2007, a person is not eligible to hold the office of judge of probate unless the person at the time of his election:

(1)    is a citizen of the United States and a resident of this State;

(2)    is twenty-one years of age;

(3)    is a qualified elector of the county in which he is to be a judge;

(4)    has obtained a four year bachelor's degree from an accredited post-secondary institution or, if he has no degree, has four years' experience as a full time associate probate judge in a probate judge's office in this State; and

(5)    has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.

(D)    Notwithstanding the provisions of this section, a person holding the office of probate judge as of July 1, 2004, is deemed to have satisfied the requirements of this section to hold his current office and for the purposes of running for election or re-election. However, if a person deemed to be qualified for the office of probate judge pursuant to the provisions of this subsection is out of office for a term or a portion of a term before seeking election, the person shall satisfy the applicable requirements of this section to be qualified to run for office."

SECTION    2.    Upon approval by the Governor, this act takes effect July 1, 2004.

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