S 0270  General Bill, By McLeod

Similar(H 5090)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 2-1-105 SO AS TO PROVIDE AFTER JULY 1, 2019, A PERSON MAY NOT BE ELECTED OR
 APPOINTED TO A JUDICIAL OFFICE THAT IS FILLED BY ELECTION OR APPOINTMENT OF
 THE GENERAL ASSEMBLY IF THAT PERSON IS AN IMMEDIATE FAMILY MEMBER OF A SITTING
 MEMBER OF THE GENERAL ASSEMBLY, OR A FORMER MEMBER OF THE GENERAL ASSEMBLY
 WHOSE MOST RECENT TERM OF LEGISLATIVE SERVICE ENDED LESS THAN ONE YEAR PRIOR
 TO THE GENERAL ASSEMBLY'S ELECTION OR APPOINTMENT OF THE OFFICE IN QUESTION.
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   12/12/18  Senate Prefiled
   12/12/18  Senate Referred to Committee on Judiciary
   01/08/19  Senate Introduced and read first time
                     (Senate Journal-page 161)
   01/08/19  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 161)

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROVIDE AFTER JULY 1, 2019, A PERSON MAY NOT BE ELECTED OR APPOINTED TO A JUDICIAL OFFICE THAT IS FILLED BY ELECTION OR APPOINTMENT OF THE GENERAL ASSEMBLY IF THAT PERSON IS AN IMMEDIATE FAMILY MEMBER OF A SITTING MEMBER OF THE GENERAL ASSEMBLY, OR A FORMER MEMBER OF THE GENERAL ASSEMBLY WHOSE MOST RECENT TERM OF LEGISLATIVE SERVICE ENDED LESS THAN ONE YEAR PRIOR TO THE GENERAL ASSEMBLY'S ELECTION OR APPOINTMENT OF THE OFFICE IN QUESTION.

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

SECTION    1.    Chapter 1, Title 2 of the 1976 Code is amended by adding:

"Section 2-1-105.    (A)    Notwithstanding another provision of law, after July 1, 2019, a person may not be elected or appointed to a judicial office that is filled by election or appointment of the General Assembly if that person is an immediate family member of a:

(1)    sitting member of the General Assembly; or

(2)    former member of the General Assembly whose most recent term of legislative service ended less than one year prior to the General Assembly's election or appointment of the office in question.

(B)    The provisions of this section do not apply to an immediate family member of a sitting member of the General Assembly serving in a judicial office described in subsection (A) on the effective date of this section.

(C)    For purposes of this section, the term 'immediate family' is as defined in Section 2-17-10(7)."

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