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Current Status Bill Number:View additional legislative information at the LPITS web site.3849 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010329 Primary Sponsor:Sinclair All Sponsors:Sinclair, J.E. Smith, Cotty, Allen, Allison, Barrett, Campsen, Coleman, Davenport, Delleney, Easterday, Fleming, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Lee, Littlejohn, Lourie, Lucas, McCraw, McGee, Meacham-Richardson, Merrill, Rivers, Robinson, Sandifer, F.N. Smith, W.D. Smith, Talley, Townsend, Vaughn, Walker, Weeks, White, Wilder, Wilkins, J. Young and McLeod Drafted Document Number:l:\council\bills\pt\1312dw01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:20020319 Subject:Probate judges, qualifications for based on population of county in which judge serves changed; Courts History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020320 Introduced, read first time, 11 SJ referred to Committee House 20020320 Read third time, sent to Senate House 20020319 Amended, read second time House 20020319 Request for debate by Representative Howard ------ 20020311 Scrivener's error corrected House 20020306 Committee report: Favorable with 25 HJ amendment House 20020306 Co-Sponsor added (Rule 5.2) by Rep. McLeod House 20010329 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on March 6, 2002 - Word format Revised on March 11, 2002 - Word format Revised on March 19, 2002 - Word format
Indicates Matter Stricken
Indicates New Matter
AMENDED
March 19, 2002
H. 3849
Introduced by Reps. Sinclair, J.E. Smith, Cotty, Allen, Allison, Barrett, Campsen, Coleman, Davenport, Delleney, Easterday, Fleming, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Lee, Littlejohn, Lourie, Lucas, McCraw, McGee, Meacham-Richardson, Merrill, Rivers, Robinson, Sandifer, F.N. Smith, W.D. Smith, Talley, Townsend, Vaughn, Walker, Weeks, White, Wilder, Wilkins and J. Young
S. Printed 3/19/02--H.
Read the first time March 29, 2001.
TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE, AMONG OTHER THINGS, THE QUALIFICATIONS BASED ON THE POPULATION OF THE COUNTY IN WHICH THE PROBATE JUDGE SERVES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-23-1040 of the 1976 Code, as last amended by Part IV, Section 3, Act 678 of 1988, is further amended to read:
"Section 14-23-1040. (A) Prior to January 1, 2004, no person is eligible to hold the office of judge of probate who is not unless the person at the time of his election a citizen of the United States and of this State, has not attained the age of twenty-one years upon his election, has not become a qualified elector of the county in which he is to be a judge, and has not received a four-year bachelor's degree from an accredited post-secondary institution or if he has received no degree he must have four years' experience as an employee in a probate judge's office in this State.:
(1) is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge;
(4) has graduated from high school or, if he has no degree, has four year's experience as a full time associate probate judge in a probate judge's office in this State; and
(5) has not been convicted of a felony offense or any offense involving moral turpitude under the laws of this State, any other state, or the United States.
(B) After December 31, 2003, through December 31, 2005, no person is eligible to hold the office of judge of probate unless the person at the time of his election:
(1) Is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge;
(4) has obtained an degree from an accredited college or community college or, if he has no degree, has four year's experience as a full time associate probate judge in a probate judge's office in this State; and
(5) has not been convicted of a felony offense or any offense involving moral turpitude under the laws of this State, any other state, or the United States.
(C) After December 31, 2005, no person is eligible to hold the office of judge of probate unless the person at the time of his election:
(1) is a citizen of the United States and a resident of this State;
(2) is twenty-one years of age;
(3) is a qualified elector of the county in which he is to be a judge;
(4) has obtained a four year bachelor's degree from an accredited post-secondary institution or, if he has no degree, has four year's experience as a full time associate probate judge in a probate judge's office in this State; and
(5) has not been convicted of a felony offense or any offense involving moral turpitude under the laws of this State, any other state, or the United States.
(D) Notwithstanding the provisions of this section a person holding the office of probate judge as of July 1, 2002, is deemed to have satisfied the requirements of this section to hold his current office and for the purposes of running for election or re-election. However, if a person deemed to be qualified for the office of probate judge pursuant to this section is out of office for a term or any portion of a term before seeking election, the person must satisfy the applicable requirements of this section to be qualified to run for office."
SECTION 2. This act takes effect July 1, 2002.
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