South Carolina General Assembly
123rd Session, 2019-2020

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Bill 5090


Indicates Matter Stricken
Indicates New Matter


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

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, 2020, 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, 2020, 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.

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