South Carolina General Assembly
115th Session, 2003-2004

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Bill 4174


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, TERM, JURISDICTION, TRAINING, CERTIFICATION, AND NONCOMPLIANCE OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE MUST HAVE A TWO-YEAR ASSOCIATE DEGREE FROM AN INSTITUTION ACCREDITED BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS OR ANOTHER APPROPRIATE REGIONAL ACCREDITING ASSOCIATION.

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

SECTION    1.    Section 22-2-10(B) of the 1976 Code, as last amended by Act 226 of 2000, is further amended to read:

"(B)(1)    No A person is not eligible to hold the office of magistrate who is not at the time of his appointment a citizen of the United States and of this State, and who has not been a resident of this State for at least five years, has not attained the age of twenty-one years upon his appointment, and has not received a high school diploma or its equivalent educational training as recognized by the State Department of Education.

(2)    Notwithstanding the educational qualifications required in item (1):

(a)    On and after July 1, 2001, no a person is not eligible for an initial appointment to hold the office of magistrate who (i) is not at the time of his appointment a citizen of the United States and of this State, (ii) has not been a resident of this State for at least five years, (iii) has not attained the age of twenty-one years upon his appointment, and (iv) has not received a two-year associate degree from an institution accredited by the Southern Association of Colleges and Schools or another appropriate regional accrediting association.

(b)    On and after July 1, 2005, no a person is not eligible for an initial appointment to hold the office of magistrate who (i) is not at the time of his appointment a citizen of the United States and of this State, (ii) has not been a resident of this State for at least five years, (iii) has not attained the age of twenty-one years upon his appointment, and (iv) has not received a four-year baccalaureate degree from an institution accredited by the Southern Association of Colleges and Schools or another appropriate regional accrediting association."

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

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