Current Status Bill Number:4886 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960409 Primary Sponsor:Wright All Sponsors:Wright Drafted Document Number:pt\2404sd.96 Companion Bill Number:1327 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Magistrates, training program before reappointment
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19960409 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES AND THEIR JURISDICTION, TRAINING, AND CERTIFICATION, SO AS TO PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A MAGISTRATE WHO HAS FAILED TO COMPLETE THE REQUIRED TRAINING PROGRAM OR TO PASS THE REQUIRED CERTIFICATION EXAMINATION TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-1-10(D) of the 1976 Code, as last amended by Act 152 of 1993, is further amended to read:
"(D) Upon written notification of the Supreme Court or its designee to the affected magistrate and the Governor of the failure of the magistrate to complete the training program or pass the certification examination required pursuant to subsection (C), the magistrate's office is declared vacant, the magistrate does not hold over, and the Governor shall appoint a successor in the manner provided by law. However, the Governor shall not reappoint a current magistrate who failed to complete the training program or to pass the certification examination required pursuant to subsection (C) to a new term or to fill the vacancy in the existing term."
SECTION 2. This act takes effect upon approval by the Governor.