South Carolina General Assembly
111th Session, 1995-1996

Bill 1327

                    Current Status

Bill Number:                    1327
Ratification Number:            416
Act Number:                     376
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19960403
Primary Sponsor:                Holland
All Sponsors:                   Holland, McGill and Giese 
Drafted Document Number:        jud6080.dhh
Companion Bill Number:          4886
Date Bill Passed both Bodies:   19960522
Governor's Action:              S
Date of Governor's Action:      19960529
Subject:                        Magistrates, Governor not to
                                reappoint when unqualified
History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960613  Act No. A376
------  19960529  Signed by Governor
------  19960523  Ratified R416
House   19960522  Read third time, enrolled for
                  ratification
House   19960521  Read second time
House   19960521  Debate adjourned
House   19960515  Committee report: Favorable              25 HJ
House   19960410  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960409  Read third time, sent to House
Senate  19960404  Read second time, notice of
                  general amendments
Senate  19960403  Introduced, read first time,
                  placed on Calendar without reference
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A376, R416, S1327)

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 PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A CURRENT MAGISTRATE WHO FAILED TO MEET THE TRAINING OR CERTIFICATION REQUIREMENTS 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:

Appointment of magistrates

SECTION 1. Section 22-1-10(D) of the 1976 Code, as added by Act 152 of 1993, is 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 the current magistrate who failed to complete the training program or pass the certification examination required pursuant to subsection (C) to a new term or to fill the vacancy in the existing term."

Time effective

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

Approved the 29th day of May, 1996.