Current Status Bill Number:
1327Ratification Number: 416Act Number: 376Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19960403Primary Sponsor: HollandAll Sponsors: Holland, McGill and GieseDrafted Document Number: jud6080.dhhCompanion Bill Number: 4886Date Bill Passed both Bodies: 19960522Governor's Action: SDate of Governor's Action: 19960529Subject: Magistrates, Governor not to reappoint when unqualified
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 referenceView additional legislative information at the LPITS web site.
(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."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 29th day of May, 1996.