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S*1085
Session 114 (2001-2002)


S*1085(Rat #0401, Act #0307 of 2002)  General Bill, By McConnell
 A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN
 QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS,
 AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT EXCEPT THAT AT
 LEAST ONE MEMBER OF THE BOARD FROM EACH CONGRESSIONAL DISTRICT MUST BE
 APPOINTED BY THE SUPREME COURT; AND TO AMEND SECTION 40-5-80, RELATING TO
 CITIZENS NOT PREVENTED FROM PROSECUTING OR DEFENDING THEIR OWN CAUSE OR THE
 CAUSE OF ANOTHER, SO AS TO DELETE THE AUTHORITY OF A CITIZEN TO DEFEND THE
 CAUSE OF ANOTHER UNDER CERTAIN CONDITIONS.-amended title

   03/05/02  Senate Introduced and read first time SJ-3
   03/05/02  Senate Referred to Committee on Judiciary SJ-3
   03/07/02         Scrivener's error corrected
   03/20/02  Senate Committee report: Favorable with amendment
                     Judiciary SJ-30
   03/21/02  Senate Amended SJ-14
   03/21/02  Senate Read second time SJ-14
   03/26/02  Senate Read third time and sent to House SJ-17
   04/02/02  House  Introduced and read first time HJ-21
   04/02/02  House  Referred to Committee on Judiciary HJ-21
   04/24/02  House  Committee report: Favorable with amendment
                     Judiciary HJ-5
   04/25/02  House  Amended HJ-23
   04/25/02  House  Read second time HJ-23
   04/25/02  House  Unanimous consent for third reading on next
                     legislative day HJ-24
   04/26/02  House  Read third time and returned to Senate with
                     amendments HJ-5
   05/02/02  Senate Non-concurrence in House amendment SJ-26
   05/07/02  House  House insists upon amendment and conference
                     committee appointed Reps. J.E. Smith, G.M. Smith
                     and Campsen HJ-5
   05/09/02  Senate Conference committee appointed Sens. Martin,
                     Waldrep, Hutto SJ-22
   05/22/02  House  Conference report received and adopted HJ-121
   05/22/02  Senate Conference report received and adopted SJ-5
   05/23/02  Senate Ordered enrolled for ratification SJ-21
   05/30/02         Ratified R 401
   06/05/02         Signed By Governor
   06/18/02         Act No. 307
   07/03/02         Effective date 06/05/02
   07/03/02         Copies available



(A307, R401, S1085)

AN ACT TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT EXCEPT THAT AT LEAST ONE MEMBER OF THE BOARD FROM EACH CONGRESSIONAL DISTRICT MUST BE APPOINTED BY THE SUPREME COURT; AND TO AMEND SECTION 40-5-80, RELATING TO CITIZENS NOT PREVENTED FROM PROSECUTING OR DEFENDING THEIR OWN CAUSE OR THE CAUSE OF ANOTHER, SO AS TO DELETE THE AUTHORITY OF A CITIZEN TO DEFEND THE CAUSE OF ANOTHER UNDER CERTAIN CONDITIONS.

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

State Board of Law Examiners' revisions

SECTION 1. Section 40-5-210 of the 1976 Code is amended to read:

"Section 40-5-210. There is hereby created a State Board of Law Examiners. The Board of Law Examiners shall be appointed by the Supreme Court and shall have such duties as the court shall prescribe. The number of members of the board and the terms of the members shall be set by the Supreme Court. To be eligible for appointment to the board, a person must be actively engaged in the practice of law in South Carolina and must have been an active member of the South Carolina Bar for at least seven years. Members shall be eligible for reappointment. Should a vacancy occur, the court shall fill the vacancy for the unexpired term. At least one member from each congressional district must be appointed by the Supreme Court."

Citizen's defense of another's cause deleted

SECTION 2. Section 40-5-80 of the 1976 Code is amended to read:

"Section 40-5-80. This chapter may not be construed so as to prevent a citizen from prosecuting or defending his own cause, if he so desires."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 30th day of May, 2002.

Approved the 5th day of June, 2002.

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