COMMITTEE REPORT

March 7, 2018

H. 4811

Introduced by Reps. S. Rivers, G.M. Smith, Elliott, Davis, Stavrinakis, Murphy, Jordan, Caskey, Fry, W. Newton, Bannister, Clemmons, Cole and Lowe

S. Printed 3/7/18--H.

Read the first time January 31, 2018.

To whom was referred a Bill (H. 4811) to amend Section 22-1-10, as amended, Code of Laws of South Carolina, 1976, relating to the appointment of magistrates, so as to require that, etc., respectfully

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

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/    SECTION    1.    Section 22-1-10(B)(2) of the 1976 Code is amended by adding a subitem to read:

"( )    On and after July 1, 2019, no person is eligible for an initial appointment to hold the office of magistrate who is not at the time of his appointment: (i) a citizen of the United States and of this State, (ii) has not been a resident of this State for at least five years, (iii) has not attained the age of twenty-one years upon his appointment, and (iv) is not a licensed attorney in South Carolina. However, a county with a population of less than seventy-five thousand is exempt from the provisions of (iv) and the magistrate must have received a four-year baccalaureate degree."     /

Renumber sections to conform.

Amend title to conform.

Majority favorable.    Minority unfavorable.

F. GREGORY DELLENEY, JR.    JOHN RICHARD C. KING

For Majority.    For Minority.

TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE MUST BE A LICENSED ATTORNEY AND TO PROVIDE EXCEPTIONS UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    Section 22-1-10(B)(2) of the 1976 Code is amended by adding a subitem to read:

"( )    On and after July 1, 2018, no person is eligible for an initial appointment to hold the office of magistrate who: (i) is not at the time of his appointment a citizen of the United States and of this State, (ii) has not been a resident of this State for at least five years, (iii) has not attained the age of twenty-one years upon his appointment, and (iv) is not a licensed attorney. However, a county with a population of less than seventy-five thousand is exempt from the provisions of (iv) and the magistrate must have received a four-year baccalaureate degree."

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