Bill 4498

                    Current Status

Introducing Body:               House
Bill Number:                    4498
Primary Sponsor:                Clyborne
Committee Number:               11
Type of Legislation:            GB
Subject:                        Magistrates, training program and
                                certification exam
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       JIC/6223.HC
Introduced Date:                Mar 04, 1992
Last History Body:              Senate
Last History Date:              Apr 06, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Clyborne
                                L. Martin
                                Marchbanks
                                Hendricks
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4498  Senate  Apr 06, 1992  Introduced, read first time,    11
                             referred to Committee
 4498  House   Apr 02, 1992  Read third time, sent to
                             Senate
 4498  House   Apr 01, 1992  Read second time
 4498  House   Mar 25, 1992  Committee Report: Favorable     25
 4498  House   Mar 04, 1992  Introduced, read first time,    25
                             referred to Committee

COMMITTEE REPORT

March 25, 1992

H. 4498

Introduced by REPS. Clyborne, L. Martin, Marchbanks and Hendricks

S. Printed 3/25/92--H.

Read the first time March 4, 1992.

To whom was referred a Bill (H. 4498), to amend Section 22-1-10, as amended, Code of Laws of South Carolina, 1976, relating to the appointment, term, and territorial jurisdiction of magistrates, etc., respectfully

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

DAVID H. WILKINS, for Committee.

A BILL

TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, TERM, AND TERRITORIAL JURISDICTION OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE FIRST APPOINTED IN 1993 AND THEREAFTER, WITHIN SIX MONTHS OF THE BEGINNING OF HIS TERM, SHALL COMPLETE A TRAINING PROGRAM AND PASS A CERTIFICATION EXAMINATION ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THAT A NEWLY APPOINTED MAGISTRATE MAY EXERCISE THE DUTIES OF HIS OFFICE PENDING CERTIFICATION BUT NOT FOR MORE THAN SIX MONTHS AND PROVIDE THAT WHEN THE EXAMINATION IS NOT TIMELY PASSED, THE OFFICE IS DECLARED VACANT ON THE EARLIER OF THE DATE THE TIME EXPIRES OR WHEN HE IS NOTIFIED OF HIS FAILURE, TO REQUIRE A MAGISTRATE APPOINTED BEFORE 1993 TO PASS THE CERTIFICATION EXAMINATION BEFORE HE MAY BE REAPPOINTED, TO EXEMPT A MAGISTRATE WHO PASSES THE CERTIFICATION EXAMINATION FROM ANY FURTHER EXAMINATIONS DURING HIS CONTINUOUS SERVICE, AND TO PROVIDE THAT UPON NOTICE BY THE SUPREME COURT OR ITS DESIGNEE TO THE MAGISTRATE AND THE GOVERNOR OF THE MAGISTRATE'S FAILURE TO PASS THE CERTIFICATION EXAMINATION, THE MAGISTRATE'S OFFICE IS DECLARED VACANT, THE MAGISTRATE DOES NOT HOLD OVER, AND THE GOVERNOR SHALL APPOINT A SUCCESSOR.

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

SECTION 1. Section 22-1-10 of the 1976 Code, as 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) A magistrate appointed for the first time to a term beginning in 1993 or thereafter, within six months of the beginning of his term, shall complete a minimum training program and pass a certification examination established by the Supreme Court of South Carolina. The newly appointed magistrate may exercise the duties of his office pending certification, but not for more than six months. If the magistrate does not pass the certification examination within the required time, his office is declared vacant on the date the time expires, or when he is notified as provided in subsection (C), whichever is earlier.

(2) A magistrate appointed before 1993 shall pass the certification examination before he may be reappointed.

A magistrate who passes the certification examination by a magistrate is exempt from the requirement of an additional examination during his period of continuous service as a magistrate.

(D) Upon notification by the Supreme Court or its designee to the affected magistrate and the Governor of the failure of the magistrate to 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."

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