Bill 3553

                    Current Status
Introducing Body:               House
Bill Number:                    3553
Ratification Number:            253
Act Number:                     152
Primary Sponsor:                Hodges
Type of Legislation:            GB
Subject:                        Magistrates, training program
                                required
Companion Bill Number:          569
Date Bill Passed both Bodies:   19930603
Computer Document Number:       CYY/15147DW.93
Governor's Action:              S
Date of Governor's Action:      19930614
Introduced Date:                19930223
Date of Last Amendment:         19930526
Last History Body:              ------
Last History Date:              19930614
Last History Type:              Act No. 152
Scope of Legislation:           Statewide
All Sponsors:                   Hodges
                                Martin
                                Clyborne
Type of Legislation:            General Bill

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
3553   ------  19930614      Act No. 152
3553   ------  19930614      Signed by Governor
3553   ------  19930610      Ratified R 253
3553   House   19930603      Ordered enrolled for
                             ratification
3553   Senate  19930603      The Senate receded from its
                             amendments
3553   House   19930603      Non-concurrence in Senate
                             amendment
3553   House   19930602      Debate adjourned upon Senate
                             amendments
3553   Senate  19930527      Read third time, returned to
                             House with amendment
3553   Senate  19930526      Amended, read second time,
                             ordered to third reading with
                             notice of general amendments
3553   Senate  19930428      Committee Report: Favorable     11
                             with amendment
3553   Senate  19930414      Introduced, read first time,    11
                             referred to Committee
3553   House   19930413      Read third time, sent to
                             Senate
3553   House   19930407      Read second time
3553   House   19930401      Committee Report: Favorable     25
3553   House   19930223      Introduced, read first time,    25
                             referred to Committee

(A152, R253, H3553)

AN ACT TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE ALL MAGISTRATES TO COMPLETE A TRAINING PROGRAM OR PASS CERTIFICATION OR RECERTIFICATION EXAMINATIONS, OR BOTH, PURSUANT TO STANDARDS ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THE PERIOD WITHIN WHICH MAGISTRATES MUST COMPLETE THESE REQUIREMENTS, AND TO PROVIDE IF MAGISTRATES DO NOT COMPLY WITH THE PROVISIONS OF THIS SECTION THEIR OFFICE IS DECLARED VACANT AFTER NOTIFICATION BY THE SUPREME COURT.

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

Qualifications of magistrates

SECTION 1. Section 22-1-10 of the 1976 Code, as last amended by Act 136 of 1991, is further amended by adding:

"(C) Notwithstanding any other provision of law relating to the terms and qualifications of magistrates:

(1) All magistrates shall complete a training program or pass certification or recertification examinations, or both, pursuant to standards established by the Supreme Court of South Carolina. The examination must be offered at least three times each year.

(a) Magistrates appointed for the first time on or after the effective date of this act shall complete the training program and pass the certification examination within one year after taking office, or before April 30, 1995, whichever is later.

(b) Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg, as of the effective date of this act, shall pass a certification examination before April 30, 1995.

(c) Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York, as of the effective date of this section, shall pass a certification examination before April 30, 1996.

(d) Every magistrate shall pass a recertification examination within eight years after passing the initial certification examination, and at least once every eight years thereafter.

(2) If any magistrate does not comply with these training or examination requirements, his office is declared vacant on the date the time expires, or when he is notified, as provided in subsection (D), whichever is earlier.

(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."

Time effective

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

Approved the 14th day of June, 1993.