South Carolina General Assembly
116th Session, 2005-2006

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Bill 488

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Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 30, 2005

S. 488

Introduced by Senators Mescher, Bryant and Grooms

S. Printed 3/30/05--S.

Read the first time February 15, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 488) to amend Section 22-1-10, as amended, Code of Laws of South Carolina, 1976, relating to the appointment and qualifications of magistrates so as to further, 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, page 1, by striking lines 31 and 33, in Section 22-1-10(B)(2), as contained in SECTION 1, and inserting therein the following:

/    appointment, and (iv) has not received a two-year associate degree, has not received at least sixty credit hours from one or more accredited technical schools or colleges or four-year colleges or universities, or has not been a law enforcement officer, as defined in Section 23-6-400(D)(1), with twenty years or more of law enforcement experience.    /

Renumber sections to conform.

Amend title to conform.

LARRY A. MARTIN 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:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

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

LOCAL GOVERNMENT IMPACT:

Enactment would have no impact on local expenditures.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND QUALIFICATIONS OF MAGISTRATES SO AS TO FURTHER PROVIDE FOR THE EDUCATIONAL QUALIFICATIONS OF MAGISTRATES WHICH APPLY UNTIL JULY 1, 2005.

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

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

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

(a)    On and after July 1, 2001, no person is 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 or has not received at least sixty credit hours from one or more accredited institutions of higher learning.

(b)    On and after July 1, 2005, no person is 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."

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

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