South Carolina General Assembly
116th Session, 2005-2006

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Bill 3084

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Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 4, 2005

H. 3084

Introduced by Reps. Sinclair, McLeod and Cato

S. Printed 5/4/05--S.

Read the first time March 3, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3084) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

Majority favorable.    Minority unfavorable.

THOMAS L. MOORE    JOHN M. KNOTTS, JR.

For Majority.    For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Enactment would have no impact on the General Fund of the State, or on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

Enactment would have no impact on local expenditures.

Approved By:

Don Addy

Office of State Budget

A BILL

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 THE QUALIFICATIONS FOR THIS OFFICE.

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 Section 3, Part IV, Act 678 of 1988, is further amended to read:

"Section 14-23-1040.    (A)    No A person is not 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 obtained a four-year bachelor's degree from an accredited post-secondary institution or, if he has no degree, has four years' experience as a full-time probate judge, deputy probate judge, or associate probate judge in a probate judge's office in this State; and

(5)    has not been convicted of a felony offense or an offense involving moral turpitude under the laws of this State, any other state, or the United States.

(B)    The provisions of this section do not apply to a person holding the office of probate judge, deputy probate judge, or associate probate judge as of July 1, 2005, during the person's tenure in office. Tenure in office continues at the expiration of a term if the person is elected in a consecutive election. However, if a person qualified for the office of probate judge pursuant to the provisions of this section has a break in service for a term or a portion of a term before seeking reelection, the person must satisfy the applicable requirements of this section at the time of filing for reelection."

SECTION    2.    This act takes effect July 1, 2005.

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