S*0487(Rat #0320, Act #0307)  General Bill, By M.T. Rose
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 17-5-130 so as to provide for the qualifications and age requirements to hold
 the office of coroner, to provide that coroners and deputy coroners must
 complete certain basic an annual training, to authorize fees for this training
 and to provide exceptions to the training requirements, to provide that a
 coroner required to complete annual training who fails to do so may be
 suspended from office by the Governor under certain conditions, and to provide
 that the above provisions take effect upon ratification of an amendment to the
 Constitution of this State authorizing same.-amended title

   03/03/93  Senate Introduced and read first time SJ-5
   03/03/93  Senate Referred to Committee on Judiciary SJ-5
   03/24/93  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary SJ-7
   04/01/93  Senate Read second time SJ-24
   04/01/93  Senate Ordered to third reading with notice of
                     amendments SJ-24
   04/07/93  Senate Read third time and sent to House SJ-32
   04/13/93  House  Introduced and read first time HJ-23
   04/13/93  House  Referred to Committee on Judiciary HJ-23
   02/03/94  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   02/09/94  House  Debate adjourned until Tuesday, February 15, 1994 HJ-71
   02/15/94  House  Debate adjourned until Thursday, February 17,
                     1994 HJ-14
   02/17/94  House  Amended HJ-28
   02/17/94  House  Read second time HJ-30
   02/22/94  House  Read third time and returned to Senate with
                     amendments HJ-11
   02/24/94  Senate Concurred in House amendment and enrolled SJ-17
   03/10/94         Ratified R 320
   03/16/94         Signed By Governor
   03/16/94         Effective date Act No. 307
   03/16/94         See act for exception to or explanation of
                     effective date
   04/06/94         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-130 SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER, TO PROVIDE THAT CORONERS AND DEPUTY CORONERS MUST COMPLETE CERTAIN BASIC AND ANNUAL TRAINING, TO AUTHORIZE FEES FOR THIS TRAINING AND TO PROVIDE EXCEPTIONS TO THE TRAINING REQUIREMENTS, TO PROVIDE THAT A CORONER REQUIRED TO COMPLETE ANNUAL TRAINING WHO FAILS TO DO SO MAY BE SUSPENDED FROM OFFICE BY THE GOVERNOR UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO THE CONSTITUTION OF THIS STATE AUTHORIZING SAME.

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

Qualifications and training of coroners

SECTION 1. The 1976 Code is amended by adding:

"Section 17-5-130. (A) A coroner in this State must have the following qualifications:

(1) be a citizen of the United States;

(2) be a resident of the county in which he seeks the office of coroner for at least one year before qualifying for the election to the office;

(3) be a registered voter;

(4) attained the age of twenty-one years before the date of qualifying for election to the office;

(5) obtained a high school diploma or its recognized equivalent; and

(6) have not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this State, any other state, or the United States.

(B) Each person serving as a coroner in his first term is required to complete a basic training session to be determined by the South Carolina Law Enforcement Training Council (council). This basic training session must be completed no later than the end of the calendar year following his election as coroner. A person appointed to fill the unexpired term in the office of coroner must complete a basic training session to be determined by the council within one calendar year of the date of appointment. This section shall not be construed to require an individual to repeat the basic training session if he has successfully completed the session prior to his election or appointment as coroner. A coroner who is unable to attend this training session when offered because of an emergency or extenuating circumstances shall, within one year from the date the disability or cause terminates, complete the standard basic training session required of coroners. A coroner who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the coroner completes the training session.

(C) A person holding the office of coroner or deputy coroner who was elected, appointed, or employed prior to January 1, 1994, and who has served continuously since that time must attend a minimum of sixteen hours training annually as may be selected by the council on or before December 31, 1995. Each year thereafter, all coroners and deputy coroners must complete a minimum of sixteen hours training annually as may be selected by the council. Certification or records of attendance or training shall be maintained as directed by the council.

(D) (1) The basis for the minimum annual requirement of in-service training is the calendar year. A coroner who satisfactorily completes the basic training session in accordance with the provisions of subsection (B) is excused from the minimum annual training requirements of subsection (C) for the calendar year in which the basic training session is completed.

(2) The Board of Directors of the South Carolina Coroners Association, in its discretion, may grant a waiver of the requirements of the annual in-service training upon presentation of evidence by a coroner that he was unable to complete the training due to an emergency or extenuating circumstances.

(3) A coroner who fails to complete the minimum annual in-service training required by this section may be suspended from office, without pay, by the Governor for ninety days. The Governor may continue to suspend a coroner until he completes the annual minimum in-service training required in this section. The Governor shall appoint, at the time of the coroner's suspension, a qualified person to perform as acting coroner during the suspension.

(E) The provisions of items (4) and (5) of subsection (A) do not apply to a coroner serving on the effective date of this section.

(F) The South Carolina Law Enforcement Training Council must appoint a Coroners Training Advisory Committee to assist in the determination of training requirements for coroners and deputy coroners. The committee shall consist of no fewer than five coroners and at least one physician trained in forensic pathology as recommended by the South Carolina Coroners Association. The members of the committee shall serve without compensation.

(G) Expenses of all training authorized or required by this section must be paid by the county the coroner or deputy coroner serves, and the South Carolina Law Enforcement Training Council is authorized to set and collect fees for such training."

Time effective

SECTION 2. This act takes effect when the Constitution of this State is amended to authorize the provisions of this act.

Approved the 16th day of March, 1994.